Covictims of capital murder: statements of victims' family members and friends made at the time of execution

The death penalty is often touted as a punishment providing the only way to truly serve justice and offer closure for covictims (defined as family members or friends of murder victims'). These rationales are rarely structured around the actual words of these individuals, however. The findings in this study suggest that such rhetoric oversimplifies and often misrepresents the experiences and perspectives of covictims. Through their own words, we learn that the death penalty is not always the soothing salve for the pain and suffering of covictims we wish it to be. Rather, we find much more ambivalence and complexity in the statements of covictims. The impact of the death penalty and executions on covictims and their ability to attain healing and closure is not so clear cut. By presenting the actual words of capital murder covictims at the time of execution, this inductive, exploratory study provides a novel glimpse at the perspectives of these individuals and their perception of the death penalty process.     

The Deterrent Effect of Capital Punishment: Evidence from a "Judicial Experiment"

We use panel data for 50 states during the 1960–2000 period to examine the deterrent effect of capital punishment, using the moratorium as a "judicial experiment." We compare murder rates immediately before and after changes in states' death penalty laws, drawing on cross-state variations in the timing and duration of the moratorium. The regression analysis supplementing the before-and-after comparisons disentangles the effect of lifting the moratorium on murder from the effect of actual executions on murder. Results suggest that capital punishment has a deterrent effect, and that executions have a distinct effect which compounds the deterrent effect of merely (re)instating the death penalty. The finding is robust across 96 regression models. (JEL C1, K1)     

The Death Penalty and Historical Change in Spain

This article studies the long duration of the death penalty in Spain until its abolition in the Constitution of 1978. After analysing the plurality of theoretical approaches and possibilities offered by archival sources and specialised historiography (particularly those produced by specialists in the history of law and social history), I synthesise the Spanish answers to the major questions posed in the international historiographical debate on this issue. I then review the formality and the religious and juridical content of these “ceremonies of torment” in order to understand the scope of the practice of the death penalty in processes of social change: what did political power transmit from the scaffolds and what type of social impact was generated by public executions? How did the institutions that exercised the death penalty evolve? Why, during the transition from the Old Regime to the liberal state, was the death penalty used more regularly than before? How many prisoners were in fact executed, for what crimes, and using what procedures and techniques? Finally, after confirming that in the decades straddling the nineteenth and twentieth centuries the death penalty was on the decline, being counteracted by abolitionist discourse in the field of penal sentencing, I examine the functions played by political executions in the repressive dynamics of the Civil War and Francoism.     

The Death Penalty in the Post-Furman Era: A Review of the Issues and the Debate

This is a review of the issues and debate over capital punishment in the United States during the post- Furman era (since 1972). It encompasses a review of the legal issues, highlighting major U.S. Supreme Court cases in which the constitutionality of the death penalty has been challenged. These constitutional challenges have included issues of arbitrariness and race discrimination in the application of the death penalty. Also considered is the Court's 'evolving standards of decency' test in terms of what constitutes cruel and unusual punishment under the Eighth Amendment – relative to the execution of juveniles and the mentally retarded and whether lethal injection is cruel and unusual. The post- Furman era death penalty debate is comprised of two phases, both raised questions about public confidence in the criminal justice system. Phase one, occurring in the 1980s and early 1990s, was concerned with the lengthy appeal process and the lack of finality in capital cases. Phase two emerged in the late 1990s and 2000s and focused on the accuracy (wrongful convictions) and fairness (arbitrariness and discrimination) of the administration of capital punishment. The DNA revolution and a parade of high-profile exonerations in the United States contributed to this latter phase. Finally, the death penalty debate is considered from an international and human rights perspective.     

Notes on the Death Penalty in the Context of the September 11 Attacks

As of September 11, 2001, a rogue and criminal entity has sentenced us to death. The sentence makes no distinction between the innocent and the guilty. Its authors proceed as self-declared sovereigns exacting limitless retribution. The terrorizing extremity of their program reveals some of the malignant determinants in the pursuit of both sovereignty and retribution. Some of those determinants, also operative in judicially sanctioned executions, are as the focus of this paper.

Proponents of the death penalty want something from it. For them, having the State kill the convicted party seems to promise the kind of relief not available from any other form of punishment. This essay, using cultural and clinical material, addresses some of what might be wanted from the death penalty and some of what it seems to promise. The pursuit of such promise can be undertaken only as an exercise in sovereignty. Such pursuit depends on the unquestionable belief in one's absolute right to the imaginary fruits of retribution. This puts into question some of the determinants of that belief and that right.     

Who lives and dies on death row? Race, ethnicity, and post-sentence outcomes in Texas

A substantial body of research has explored the extent to which the race of offenders and victims influences who receives a death sentence for capital crimes. Little is known about how race and ethnicity might pattern death-row outcomes. Drawing upon evidence from male offenders sentenced to death in Texas during the years 1974 through 2009, we extend recent research by examining whether the race and ethnicity of offenders and victims and a number of offender, victim, and crime attributes influence the likelihood of executions and sentence relief (whereby prisoners leave death row). Cox regression analyses are used in conjunction with a multiple-imputation method for handling a modest amount of missing data. The results show that cases involving minorities—with black or Latino offenders or victims—have lower hazards of execution than cases in which both offenders and victims are white. Victim and offender race and ethnicity have little to no independent effect upon the hazard of sentence relief.     

Children's Challenges to Efforts to Save Them: Competing Knowledges in the Child Welfare System

The child welfare system is founded on a belief that children are sometimes endangered by their parents or caregivers and must be saved by agents of the state. Children are perceived as objects to be saved, but they are rarely seen as active strategists in their interactions with child welfare system social workers. Using ethnographic data collected during observations of social workers and juvenile court proceedings, this article shows how children have their own complex understandings of state intervention and strive—to varying degrees of success—to contest official views of their lives and provide competing forms of knowledge. Specifically, children attempt to rework state actors' perceptions of their families and familial problems, use state actors as an audience for their versions of their lives, and attempt to mobilize state power for personal or material gain.     

Toward a political sociology of privatized punishment: Contestation,state structures,and stratification

Privatized punishment—in which nonstate actors carry out state-mandated criminal punishments—has developed into a common practice since its rise in the 1980s. Many disciplines, including criminology, political science, public administration, and economics, have examined its use over the past four decades. However, privatized punishment has not garnered much attention in sociology. This is surprising, as privatized punishment touches on the key themes in sociology, and in the political sociology in particular. In this paper, we attempt to insert privatized punishment into classic and contemporary discussions in political sociology. Below, we offer an overview of privatized punishment and provide a high-level review of how other social scientific disciplines have studied the phenomenon. Then we argue that political sociology provides a useful, if underutilized, lens for studying privatized punishment. In particular, we highlight three political sociological themes—contestation, state structures, and stratification—that can be fruitfully applied to the study of privatized punishment, and we sketch multiple lines of future research informed by these themes.     

“What Daughters,what Wives,what Mothers,Think You,They are?” Gender and the Transformation of Executions in the United States

The transformation from public to private executions is generally understood as a consequence of the rationalization of authority in conjunction with growing class tensions and the emergence of bourgeois sentimentality. What is missing from this analysis is the role gender played. The exclusion of women from the execution site captures a more general tension around womanhood in the nineteenth century, but that tension was expressed differently depending on women's class and race locations. Using newspaper coverage of executions as my primary data source, I show that the interpretive challenges posed by women at the execution site varied by the social positions they occupied.     

Lessons from history: pasts,presents and futures of punishment in children's talk

This paper draws on a study of the ways in which the moral and practical dilemmas of punishment are debated and deliberated upon in discussions among nine year old children (with adult facilitators). Theoretically, we are concerned with the points of connection between the social study of childhood and the analysis of punishment as an arena of discourse and practice; and methodologically we address this topic from the perspective of conversation. Here we focus on one aspect of the children's talk, namely the mobilisation of themes and images that seem to have their origin in the more or less remote past. We argue that a contextual and nuanced exploration of the historicity of such ‘punishment talk’ can help in disclosing how punishment ‘works’ as a theme in politics and culture—history offers a resource of precedents and examples that children find good to think with. We suggest a particular association between this historical imagination (and the often physically forceful measures that it invokes) and times of crisis or emergency. This is apparent, for example, when discussion turns to the persistence of the death penalty in the United States. We conclude with some brief remarks on the significance of involving children in such deliberations for the development of alternative (or ‘replacement’) penal politics. Copyright © 2002 John Wiley & Sons, Ltd.     

EXECUTIONS OF WHITES FOR CRIMES AGAINST BLACKS

This article examines the relationship between status and law in general and race and the death penalty in particular. It focuses on cases in which whites have been executed for crimes against blacks. The goals of the article are to (1) determine the frequency of such cases, and (2) interpret the role of status characteristics (other than race) in explaining why the executions occurred. Records of 15,978 American executions were reviewed, and 30 relevant cases were identified. While the findings appear anomalous when race alone is used to explain death sentencing, the use of more general measures of status to explain such events supports sociological interpretations of the relation between law and status.     

DISAGGREGATING THE EFFECTS OF RACIAL AND ECONOMIC INEQUALITY ON EARLY TWENTIETH-CENTURY EXECUTION RATES

This article examines how class inequality may have influenced the historical use of executions in the United States, both within the South and outside of the South. Specifically, this article asks whether executions acted as a mechanism to maintain an exploitative class system in the entire United States, just as lynching maintained a racial caste system in the South. Much of the literature on the historical determinants of macrolevel execution rates has examined these disparities in terms of racial inequality. This study demonstrates that racial inequality alone cannot account for the high number of executions that typified the early twentieth century United States and contends that it is important to expand our understanding of the effects of class inequality on both historical and contemporary trends in executions.     

Dangerous Issues and Public Identities: The Negotiation of Controversy in Two Movement Organizations*

Social movement organizations frame not only their target issues, but their own organizational identities. In doing so, they are sometimes forced to make difficult decisions that pit principle against considerations of image. This article compares and contrasts episodes from two different movements: (1) Amnesty International's (AIUSA) expansion of its human rights agenda to include death penalty abolitionism and (2) the American Civil Liberties Union's (ACLU) endorsement of drug legalization. Based upon documentary and interview data, I demonstrate that Amnesty's decision to work toward the abolition of capital punishment provoked intense internal debate based upon the prevalence within AIUSA at that time of a narrow conception of human rights, concern about the effect of anti‐death penalty projects on the group's priorities, and the fear that the carefully crafted image the organization had built would be damaged by anti‐death penalty work. The ACLU's endorsement of drug legalization provoked some of the same concerns, but issues of public identity management were far less evident. Instead, internal debates focused on the proper breadth of the organization's anti‐prohibitionism. I suggest that the differences between the two cases may be understood in terms of contrasting organizational cultures, framing vocabularies, and membership profiles.     

“Life at Lake Home”: An ethnographic performance in six voices; an essay on method,in two

Debates about representational forms in qualitative research have tended either to celebrate or to condemn particular forms. Such an approach reifies the differences between various means of expression and diverts attention from the interpretive, political and pedagogic issues which, in my view, lend importance to representational choices. Here, I offer an experiential account of performing ethnography, based on my own field work. I discuss performance both as process and product, and find points of convergence between my goals as an ethnographer and the resources of performance. As process, performance encourages participants — performers and audience members alike — to articulate and reflect critically on cultural contexts and meanings; as product, performance models (in ways more difficult through writing) episodes of social life which, often, are the object of naturalistic inquiry.     

Does (mixed‐)race matter? The role of race in interracial sex,dating, and marriage

Though sociologists have long focused on the role of race as a dynamic in romantic and sexual relationships, there is currently limited research on the experiences of mixed‐race people and the ways their racial identities may be influencing how people navigate race and/or ethnicity as part of these intimate relationships. Due to the increase in the number of Americans—in both opposite‐sex and same‐sex relationships—reporting partners of a different race or ethnic background between the 2000 and 2010 censuses, race, and intimacy remain at the forefront of mainstream social concerns. However, research exploring how multiracial people—a rapidly growing population—fit in these trends is underrepresented. In this review, I discuss the existing research on race, dating, and marriage, particularly the meanings attached to interracial relationships in an online era. I also assess how recent research has begun to discuss the impact of mixed‐race identity on intimate relationships both online and offline.     

Role Transitions,Objects, and Identity

Most research on role transitions, following a tradition pioneered by van Gennep, regards these major turning points in the life course primarily as times when people move between different sets of social networks. While these studies acknowledge that rites of passage occur within particular physical spaces in which material objects are present, the importance of such objects has received little attention. I explore one particular role transition—moving away to college—and illustrate that objects play a central role in how students construct their identities. Students at “Midwestern” University make strategic choices about which objects to leave at home as anchors of prior identities and which ones to bring to school as markers of new identities. Moreover, I suggest that the meanings of these two categories of objects differ by gender. I argue that this case opens up the possibility that objects play a much more central part in role transitions than social scientists have acknowledged. This study also challenges existing assumptions about different processes of identity formation. Therefore, it engenders the need for additional research about how people reinterpret objects during role transitions, and about the different meanings that objects may have for the constructions of masculinity and femininity.     

Science,technology, and sexuality: New directions in the study of sexual knowledge

The sociology of sexualities and the sociology of science, knowledge, and technology share many areas of theoretical and empirical interest, yet engagements between the fields have been limited. Work that has spanned both fields has tended to focus on sexuality from a biomedical perspective, neglecting other forms of knowledge production. This paper critically reviews existing areas of convergence between the fields, including measurement and classification, medicalization and risk, reproduction and families, politics and the state, and social movements. I offer suggestions for new avenues of research in these areas in addition to considering how greater theoretical exchange between the two fields could enrich both. I ultimately contend that analyzing forms of social knowledge making—such as law, religion, and the humanities and social sciences—and adopting a broader understanding of STS as method can provide a fresh direction in studying the production and circulation of sexual knowledge.     

“Creative Reconstruction” and the 2020 Tokyo Olympic Games: How Does the 2020 Tokyo Olympic Games Influence Japan's Neoliberal Social Reform?

This article critically examines the vision of Japanese society expressed in the idea of a legacy for the 2020 Tokyo Olympic Games primarily for an internal, domestic audience. This legacy is consistent with the national reconstruction policy adopted after the Great East Japan earthquake of 11 March 2011. The specific issue I focus on here is the centrality of the term “creative reconstruction” to the legacy discourse on the Tokyo 2020 Olympic Games. By interweaving discussions about three places—the Tohoku disaster area, the Tokyo Olympic venue, and Japanese society—this discourse creates an apparently mutual interdependence between the three. Here I assess the idea of this ideological Olympic legacy where these relationships of interdependence are represented as a blueprint for restructuring the system of capital accumulation in Japan. The structure of the article is as follows. First, I provide an overview of creative reconstruction in Japan in comparison with other terms recently used to assess sports mega‐events such as the Olympics. Next, I briefly outline the political transformation of the social integration system from the mid‐1990s, when the phrase creative reconstruction was first used to the present. In the following three sections I discuss the way that each of the key terms in the discourse—Tohoku, Tokyo, and Japan—has been deployed. This article concludes with reflections on the social and political implications of this discourse for Japanese society in the build up to the 2020 Tokyo Olympic Games.