Peculiar Institution: America's Death Penalty in an Age of Abolition

by Garland

The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts.

America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture.

In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales.

Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.

Genres: Nonfiction, Politics, Sociology, American History, Philosophy, Social Justice

432 pages, Paperback

First published September 1, 2010

Reviews

[Kenneth Barber · Rating 5 out of 5]

This book begins with the history of the death penalty and how it evolved. One of its first uses was in the formation of states into nations and the elimination of rivals. The author details how the executions was a public spectacle. The death penalty was then used as criminal punishment for a myriad of offenses.
The book then deals with why capital punishment was abolished in most western countries and not the United States. The book then covers the changes in the way Americans view the death penalty and the fight to either abolish its use or to keep it use.
The author traces the history of the death penalty in the decisions of the Supreme Court and how they have tried to regulate the use of the death penalty but not abolish it.
I found it curious that the death penalty is outlawed in both the charters of the United Nations and the Organization of American States, both of which we belong, but we continue to use the death penalty.

[Sara · Rating 1 out of 5]

Sembra un libro per studiare

[Wilson · Rating 4 out of 5]

Last book for SOC222, I thought it was pretty interesring

[Adam · Rating 3 out of 5]

The American death penalty. Why does it exist? Why does it persist? How has it persisted in the face of almost ubiquitous Western-world abolition? Despite a 1970's abolition by the Supreme Court, how and why was the institution revived? What purposes does the death penalty serve and for whom?

All questions raised and addressed by Garland in exploring the 'Peculiar Institution' of capital punishment.

In describing the history of capital punishment worldwide, Garland shows that for the majority of history, America followed a path of abolition similar to the rest of the world. Yet, marked internal differences exist within the American populace. In turn, these differences, along with America's unique political system and historical state formation, have produced a system of capital punishment that is unique American: hyper localized, seemingly democratic, bureaucratized, sterilized, humanized and rationalized.

Furthermore, it is shown that the death penalty now serves not so much as a means of criminal punishment as it does for the political exchange of power and cultural consumption of events. It has gone from a punitive measure to a tool for politicians and the media to leverage for their benefit. Obscured in all these practices is that at the end of the day, it is still a life that is taken. And for what gain?

[Gordon · Rating 4 out of 5]

A must read for students taking English Honors this year. Gives some new insight into our "peculiar institution" of the death penalty. Why do we have something that strikes criminals as often as lightning and is implemented only for its "deterrence" according to former president George W. Bush. The third chapter is dry. Skip over theory sections if they become too much. Probably the most important message about the institution is that it is odd that we persist in having an institution that made sense before the Civil War. Didn't we fight that one?

[The Book : An Online Review at The New Republic]

IN THE 1950s AND 1960s, politicians and public officials in the United States generally did not view opposition to the death penalty as a major political liability. Indeed some of them were outspoken foes of capital punishment. To demonstrate his faith in rehabilitation, Michael Disalle, Ohio’s governor from 1959 to 1963, made it a point to hire convicted murderers to serve on his household staff.Read more...

[Massimo Monteverdi · Rating 4 out of 5]

Occhio per occhio, dente per dente. Hai voglia a spiegare con dettaglio maniacale e vigore accademico perché 35 stati USA su 50 mantengono la pena capitale. Qualsiasi analisi politica, istituzionale, storica, culturale arretra di fronte all'evidenza empirica: la confederazione nacque sulla violenza e ad essa si continua a ricorrere per fare giustizia. È semplicistico forse, ma almeno non ipocrita.

[Mikaila · Rating 4 out of 5]

A bit repetitive at points, but a thought-provoking meditation on the death penalty in the modern Western world. I ended up with 11 pages of notes--definitely a measure of a worthwhile read.

[Andrew Welsh-Huggins · Rating 4 out of 5]

Why is America alone among Western nations in retaining the death penalty? The answer's not as simple as you think. This book explains why in fascinating detail.

[Elizabeth]

As heard on "Thinking Allowed".

[Noah · Rating 4 out of 5]

A real bear of a book, dense and fairly academic, but also pretty thought-provoking. If you're interested in the topic, this is an important addition to the literature.