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CAROL STEIKER & JORDAN STEIKER - Courting Death
Saturday, February 11 at 3pm
CAROL S. STEIKER & JORDAN M. STEIKER
speaking & signing
The Supreme Court and Capital Punishment
Capital punishment has a long, complex history in the United States. As the only Western democracy still upholding the death penalty, the courts have instead attempted to regulate its use. In Courting Death, law professors Carol and Jordan Steiker untangle the full story and will be here to discuss their work and sign copies of their new book.
ABOUT COURTING DEATH
Refusing to eradicate the death penalty, the U.S. has attempted to reform and rationalize capital punishment through federal constitutional law. While execution chambers remain active in several states, Carol Steiker and Jordan Steiker argue that the fate of the American death penalty is likely to be sealed by this failed judicial experiment.
Unique among Western democracies in refusing to eradicate the death penalty, the United States has attempted instead to reform and rationalize state death penalty practices through federal constitutional law.Courting Death traces the unusual and distinctive history of top-down judicial regulation of capital punishment under the Constitution and its unanticipated consequences for our time.
In the 1960s and 1970s, in the face of widespread abolition of the death penalty around the world, provisions for capital punishment that had long fallen under the purview of the states were challenged in federal courts. The U.S. Supreme Court intervened in two landmark decisions, first by constitutionally invalidating the death penalty in Furman v. Georgia (1972) on the grounds that it was capricious and discriminatory, followed four years later by restoring it in Gregg v. Georgia (1976). Since then, by neither retaining capital punishment in unfettered form nor abolishing it outright, the Supreme Court has created a complex regulatory apparatus that has brought executions in many states to a halt, while also failing to address the problems that led the Court to intervene in the first place.
While execution chambers remain active in several states, constitutional regulation has contributed to the death penalty’s new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.
ABOUT CAROL S. STEIKER & JORDAN M. STEIKER
Carol S. Steiker is Henry J. Friendly Professor of Law at Harvard Law School.
Jordan M. Steiker is Judge Robert M. Parker Endowed Chair in Law at the University of Texas School of Law.
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