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Outlaw: Wilderness and Exile in Old and Middle
THE ‘BESTLI’ OUTLAW: WILDERNESS AND EXILE IN OLD AND MIDDLE ENGLISH LITERATURE A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Sarah Michelle Haughey August 2011 © 2011 Sarah Michelle Haughey THE ‘BESTLI’ OUTLAW: WILDERNESS AND EXILE IN OLD AND MIDDLE ENGLISH LITERATURE Sarah Michelle Haughey, Ph. D. Cornell University 2011 This dissertation, The ‘Bestli’ Outlaw: Wilderness and Exile in Old and Middle English Literature explores the reasons for the survival of the beast-like outlaw, a transgressive figure who highlights tensions in normative definitions of human and natural, which came to represent both the fears and the desires of a people in a state of constant negotiation with the land they inhabited. Although the outlaw’s shelter in the wilderness changed dramatically from the dense and menacing forests of Anglo-Saxon England to the bright, known, and mapped greenwood of the late outlaw romances and ballads, the outlaw remained strongly animalistic, other, and liminal, in strong contrast to premodern notions of what it meant to be human and civilized. I argue that outlaw narratives become particularly popular and poignant at moments of national political and ecological crisis—as they did during the Viking attacks of the Anglo-Saxon period, the epoch of intense natural change following the Norman Conquest, and the beginning of the market revolution at the end of the Middle Ages. Figures like the Anglo-Saxon resistance fighter Hereward, the exiled Marcher lord Fulk Fitz Waryn, and the brutal yet courtly Gamelyn and Robin Hood, represent a lost England imagined as pristine and forested. -
The Death Penalty: History, Exonerations, and Moratoria
THEMES & DEBATES The Death Penalty: History, Exonerations, and Moratoria Martin Donohoe, MD Today’s topic is the death penalty. I will discuss is released to suffocate the prisoner, was introduced multiple areas related to the death penalty, including in 1924. its history; major Supreme Court decisions; contem- In 2001, the Georgia Supreme Court ruled that porary status; racial differences; errors and exonera- electrocution violates the Constitution’s prohibition tions; public opinion; moratoria; and ethics and mo- against cruel and unusual punishment, stating that it rality. I will also refute common myths, including causes “excruciating pain…cooked brains and blis- those that posit that the death penalty is humane; tered bodies.” In 2008, Nebraska became the last equally applied across the states; used largely by remaining state to agree. “Western” countries; color-blind; infallible; a deter- In the 1970s and 1980s, anesthesiologist Stanley rent to crime; and moral. Deutsch and pathologist Jay Chapman developed From ancient times through the 18th Century, techniques of lethal injection, along with a death methods of execution included crucifixion, crushing cocktail consisting of 3 drugs designed to “humane- by elephant, keelhauling, the guillotine, and, non- ly” kill inmates: an anesthetic, a paralyzing agent, metaphorically, death by a thousand cuts. and potassium chloride (which stops the heart beat- Between 1608 and 1972, there were an estimated ing). Lethal injection was first used in Texas in 1982 15,000 state-sanctioned executions in the colonies, and is now the predominant mode of execution in and later the United States. this country. Executions in the 19th and much of the 20th Cen- Death by lethal injection cannot be considered tury were carried out by hanging, known as lynching humane. -
AMR 51/003/2002 USA: €Arbitrary, Discriminatory, and Cruel: An
UNITED STATES OF AMERICA Arbitrary, discriminatory, and cruel: an aide- mémoire to 25 years of judicial killing “For the rest of your life, you will have to move around in a world that wanted this death to happen. You will have to walk past people every day who were heartened by the killing of somebody in your family.” Mikal Gilmore, brother of Gary Gilmore1 A quarter of a century has passed since a Utah firing squad shot Gary Gilmore and opened the “modern” era of judicial killing in the United States of America. Since that day – 17 January 1977 – more than 750 men and women have been shot, gassed, electrocuted, hanged or poisoned to death in the execution chambers of 32 US states and of the federal government. More than 600 have been killed since 1990. Each has been the target of a ritualistic, politically expedient punishment which offers no constructive contribution to society’s efforts to combat violent crime. The US Supreme Court halted executions in 1972 because of the arbitrary way in which death sentences were being handed out. Justice Potter Stewart famously compared this arbitrariness to the freakishness of being struck by lightning. Four years later, the Court ruled that newly-enacted capital laws would cure the system of bias, and allowed executions to resume. Today, rarely a week goes by without at least one prisoner somewhere in the country being strapped down and killed by government executioners. In the past five years, an average of 78 people a year have met this fate. Perhaps Justice Stewart, if he were still alive, would note that this is similar to the number of people annually killed by lightning in the USA.2 So, is the system successfully selecting the “worst of the worst” crimes and offenders for the death penalty, as its proponents would claim, or has it once again become a lethal lottery? The evidence suggests that the latter is closer to the truth. -
The Seduction of Innocence: the Attraction and Limitations of the Focus on Innocence in Capital Punishment Law and Advocacy
Journal of Criminal Law and Criminology Volume 95 Article 7 Issue 2 Winter Winter 2005 The educS tion of Innocence: The Attraction and Limitations of the Focus on Innocence in Capital Punishment Law and Advocacy Carol S. Steiker Jordan M. Steiker Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Carol S. Steiker, Jordan M. Steiker, The eS duction of Innocence: The ttrA action and Limitations of the Focus on Innocence in Capital Punishment Law and Advocacy, 95 J. Crim. L. & Criminology 587 (2004-2005) This Symposium is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-41 69/05/9502-0587 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 95, No. 2 Copyright 0 2005 by Northwestern University, School of Law Printed in US.A. THE SEDUCTION OF INNOCENCE: THE ATTRACTION AND LIMITATIONS OF THE FOCUS ON INNOCENCE IN CAPITAL PUNISHMENT LAW AND ADVOCACY CAROL S. STEIKER"& JORDAN M. STEIKER** INTRODUCTION Over the past five years we have seen an unprecedented swell of debate at all levels of public life regarding the American death penalty. Much of the debate centers on the crisis of confidence engendered by the high-profile release of a significant number of wrongly convicted inmates from the nation's death rows. Advocates for reform or abolition of capital punishment have seized upon this issue to promote various public policy initiatives to address the crisis, including proposals for more complete DNA collection and testing, procedural reforms in capital cases, substantive limits on the use of capital punishment, suspension of executions, and outright abolition. -
Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment Matthew E
University of Baltimore Law Review Volume 37 Article 6 Issue 1 Fall 2007 2007 Comments: The rC ime, the Case, the Killer Cocktail: Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment Matthew E. Feinberg University of Baltimore School of Law Follow this and additional works at: http://scholarworks.law.ubalt.edu/ublr Part of the Law Commons Recommended Citation Feinberg, Matthew E. (2007) "Comments: The rC ime, the Case, the Killer Cocktail: Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment," University of Baltimore Law Review: Vol. 37: Iss. 1, Article 6. Available at: http://scholarworks.law.ubalt.edu/ublr/vol37/iss1/6 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. THE CRIME, THE CASE, THE KILLER COCKTAIL: WHY MARYLAND'S CAPITAL PUNISHMENT PROCEDURE CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT I. INTRODUCTION "[D]eath is different ...." I It is this principle that establishes the death penalty as one of the most controversial topics in legal history, even when implemented only for the most heinous criminal acts. 2 In fact, "[n]o aspect of modern penal law is subjected to more efforts to influence public attitudes or to more intense litigation than the death penalty.,,3 Over its long history, capital punishment has changed in many ways as a result of this litigation and continues to spark controversy at the very mention of its existence. -
The Culture of Capital Punishment in Japan David T
MIGRATION,PALGRAVE ADVANCES IN CRIMINOLOGY DIASPORASAND CRIMINAL AND JUSTICE CITIZENSHIP IN ASIA The Culture of Capital Punishment in Japan David T. Johnson Palgrave Advances in Criminology and Criminal Justice in Asia Series Editors Bill Hebenton Criminology & Criminal Justice University of Manchester Manchester, UK Susyan Jou School of Criminology National Taipei University Taipei, Taiwan Lennon Y.C. Chang School of Social Sciences Monash University Melbourne, Australia This bold and innovative series provides a much needed intellectual space for global scholars to showcase criminological scholarship in and on Asia. Refecting upon the broad variety of methodological traditions in Asia, the series aims to create a greater multi-directional, cross-national under- standing between Eastern and Western scholars and enhance the feld of comparative criminology. The series welcomes contributions across all aspects of criminology and criminal justice as well as interdisciplinary studies in sociology, law, crime science and psychology, which cover the wider Asia region including China, Hong Kong, India, Japan, Korea, Macao, Malaysia, Pakistan, Singapore, Taiwan, Thailand and Vietnam. More information about this series at http://www.palgrave.com/gp/series/14719 David T. Johnson The Culture of Capital Punishment in Japan David T. Johnson University of Hawaii at Mānoa Honolulu, HI, USA Palgrave Advances in Criminology and Criminal Justice in Asia ISBN 978-3-030-32085-0 ISBN 978-3-030-32086-7 (eBook) https://doi.org/10.1007/978-3-030-32086-7 This title was frst published in Japanese by Iwanami Shinsho, 2019 as “アメリカ人のみた日本 の死刑”. [Amerikajin no Mita Nihon no Shikei] © The Editor(s) (if applicable) and The Author(s) 2020. -
FROM CAPITAL PUNISHMENT AS a LAWFUL SANCTION to a PEREMPTORY, INTERNATIONAL LAW NORM BARRING EXECUTIONS John D
University of Baltimore Law ScholarWorks@University of Baltimore School of Law All Faculty Scholarship Faculty Scholarship 2018 THE ABOLITIONIST MOVEMENT COMES OF AGE: FROM CAPITAL PUNISHMENT AS A LAWFUL SANCTION TO A PEREMPTORY, INTERNATIONAL LAW NORM BARRING EXECUTIONS John D. Bessler University of Baltimore School of Law, [email protected] Follow this and additional works at: https://scholarworks.law.ubalt.edu/all_fac Part of the Law Commons Recommended Citation John D. Bessler, THE ABOLITIONIST MOVEMENT COMES OF AGE: FROM CAPITAL PUNISHMENT AS A LAWFUL SANCTION TO A PEREMPTORY, INTERNATIONAL LAW NORM BARRING EXECUTIONS, 79 Montana Law Review 8 (2018). Available at: https://scholarworks.law.ubalt.edu/all_fac/1065 This Article is brought to you for free and open access by the Faculty Scholarship at ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. ARTICLES THE ABOLITIONIST MOVEMENT COMES OF AGE: FROM CAPITAL PUNISHMENT AS A LAWFUL SANCTION TO A PEREMPTORY, INTERNATIONAL LAW NORM BARRING EXECUTIONS John D. Bessler* ABSTRACT The anti-death penalty movement is rooted in the Enlightenment, dating back to the publication of the Italian philosopher Cesare Beccaria’s treatise, Dei delitti e delle pene (1764). That book, later translated into English as An Essay on Crimes and Punishments (1767), has inspired anti-death penalty * Associate Professor, University of Baltimore School of Law; Adjunct Professor, Georgetown University Law Center; Of Counsel, Berens & Miller, P.A, Minneapolis, Minnesota. The author, who will be a visiting scholar/research fellow at the Human Rights Center of the University of Minnesota Law School in 2018, recently wrote The Death Penalty as Torture: From the Dark Ages to Abolition (Durham, NC: Carolina Academic Press, 2017). -
Why the Death Penalty Costs So Much
Why The Death Penalty Costs So Much Uncheerful Giles huddled trivially. Unselfconscious Win entomologises no pomelos miswritten foolishly historiansafter Stanwood outraging reallocates too henceforth? efficaciously, quite unbidden. Jotham remains roundish: she twangles her Based on visiting days, costs the death penalty so why much as currently unavailable Robert L Spangenberg Elizabeth R Walsh Capital Punishment or Life. Federal death penalty prosecutions are large-scale cases that are costly to defend. Bush was completed in the cost of what we assume one should be petitioned for death the penalty costs so why much depends on the underlying message and. Capital Punishment or Life ImprisonmentSome Cost. The cost so much as much more expensive than the. Stay death penalty so much more likely as well as well as reimbursable expenses. States should see is the proper penalty when it AP News. Executed But Possibly Innocent death Penalty Information Center. We summarize what cost so much more penalty deters eighteen murders of prison population depletion means dying behind the. Not include many feature the prosecutorial costs an Oklahoma death penalty should cost. A less costly and lengthy appeals procedure capital punishment seems like for much. Executive order to death penalty so much the appeal of costs of life without. It is a lot of public defenders have moved us to the guilt? Capital punishment could be such thing recover the sun soon. It up an age old question has many of us have debated at mountain point in another. Awaiting execution Much always been arrogant about the morality of the death penalty have many. -
Petitioner, V. Respondent. ___On Petition for a Writ of Certiorari To
No. 15-____ IN THE ____________ LAMONDRE TUCKER, Petitioner, v. STATE OF LOUISIANA, Respondent. ____________ On Petition for a Writ of Certiorari to the Supreme Court of Louisiana ____________ PETITION FOR A WRIT OF CERTIORARI ____________ G. Ben Cohen* Cecelia T. Kappel The Promise of Justice The Capital Appeals Initiative Project 636 Baronne Street 636 Baronne Street New Orleans, La. 70113 New Orleans, La. 70113 504-529-5955 [email protected] *Counsel of Record i QUESTIONS PRESENTED Whether imposition of the death penalty upon a person convicted of murder constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments? Whether Louisiana’s failure to require the jury to find beyond a reasonable doubt that death is the appropriate punishment violates the Sixth, Eighth and Fourteenth Amendments? ii PARTIES TO THE PROCEEDINGS BELOW Petitioner, Lamondre Tucker, was the appellant below. Respondent is the State of Louisiana. iii TABLE OF CONTENTS QUESTIONS PRESENTED ........................................ i PARTIES TO THE PROCEEDINGS BELOW ........... ii TABLE OF CONTENTS ........................................... iii TABLE OF AUTHORITIES ....................................... vi PETITION FOR A WRIT OF CERTIORARI ............. 1 OPINION BELOW ...................................................... 1 JURISDICTIONAL STATEMENT ............................. 1 CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED ......................................... 2 INTRODUCTION ....................................................... -
Stroock Amicus Brief
No. 15-946 IN THE Supreme Court of the United States LAMONDRE TUCKER, Petitioner, v. STATE OF LOUISIANA, Respondent. ON PETITION FOR A WRIT OF CERTIORARI TO THE LOUISIANA SUPREME COURT MOTION FOR LEAVE TO FILE AND BRIEF OF AMICI CURIAE LAW AND POLITICAL SCIENCE SCHOLARS IN SUPPORT OF PETITIONER BRUCE H. SCHNEIDER Counsel of Record STEPHANIE A. WEATHERS-LOwiN STROOCK & STROOCK & LAVAN LLP 180 Maiden Lane New York, New York 10038 (212) 806-5400 [email protected] Counsel for Amici Curiae February 29, 2016 264204 A (800) 274-3321 • (800) 359-6859 i MOTION OF LAW AND POLITICAL SCIENCE SCHOLARS FOR LEAVE TO FILE BRIEF AS AMICI CURIAE IN SUPPORT OF PETITIONER Amici curiae are 20 scholars of law and political science (the “Scholars”). Among them are academics who have analyzed data indicating the frequency with which death sentences are rendered and carried out, and have written scholarly articles on capital punishment. The Scholars respectfully move for leave to file a brief asAmici curiae (“Amici”) in support of the Petitioner. Counsel of record for the parties received timely notice of Amici’s intent to file this brief as required by this Court’s Rule 37.2(a). Counsel for Petitioner consented in writing to the filing of this brief, and their written consent is submitted to the Clerk’s office herewith. However, counsel for Respondent, the State of Louisiana, declined to consent to the filing of this brief, necessitating the filing of this motion. This case presents an issue of national and constitutional importance: whether the imposition of the death penalty constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. -