front cover of Dead Wrong
Dead Wrong
A Death Row Lawyer Speaks Out Against Capital Punishment
Michael A. Mello
University of Wisconsin Press, 1999
Winner of the 1998 Award for Excellence in Indexing, American Society of Indexers and H. W. Wilson Company
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Death by a Thousand Cuts
Timothy Brook, Jérôme Bourgon, and Gregory Blue
Harvard University Press, 2008

In a public square in Beijing in 1904, multiple murderer Wang Weiqin was executed before a crowd of onlookers. He was among the last to suffer the extreme punishment known as lingchi. Called by Western observers “death by a thousand cuts” or “death by slicing,” this penalty was reserved for the very worst crimes in imperial China.

A unique interdisciplinary history, Death by a Thousand Cuts is the first book to explore the history, iconography, and legal contexts of Chinese tortures and executions from the tenth century until lingchi’s abolition in 1905. The authors then turn their attention to an in-depth investigation of “oriental” tortures in the Western imagination. While early modern Europeans often depicted Chinese institutions as rational, nineteenth- and twentieth-century readers consumed pictures of lingchi executions as titillating curiosities and evidence of moral inferiority. By examining these works in light of European conventions associated with despotic government, Christian martyrdom, and ecstatic suffering, the authors unpack the stereotype of innate Chinese cruelty and explore the mixture of fascination and revulsion that has long characterized the West’s encounter with “other” civilizations.

Compelling and thought-provoking, Death by a Thousand Cuts questions the logic by which states justify tormenting individuals and the varied ways by which human beings have exploited the symbolism of bodily degradation for political aims.

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Death Penalty in Decline?
The Fight against Capital Punishment in the Decades since Furman v. Georgia
Austin Sarat
Temple University Press, 2024
How have prospects for abolishing the death penalty changed since the 1972 Supreme Court decision, Furman v Georgia? The editor and contributors to Death Penalty in Decline? assess the contemporary death penalty landscape and look at the trends in and attitudes toward capital punishment and its abolition. They highlight factors that are propelling alternatives to the death penalty as well as the obstacles to ending it.

At a time when the United States is undertaking an unprecedented national reconsideration of the death penalty, Death Penalty in Decline? seeks to evaluate how abolitionists might succeed today.

Contributors: John Bessler, Corinna Barrett Lain, James R. Martel, Linda Ross Meyer, Carol S. Steiker, Jordan M. Steiker, and the editor
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Deathwork
Defending The Condemned
Michael Mello
University of Minnesota Press, 2002
A gripping exposé of what lawyers face when they defend prisoners in capital cases. Legal cases are stories, and some of the most compelling-and the most disturbing-are those that take place on death row: the innocent man executed, juveniles and the mentally ill condemned to die, a smoking electric chair, a napping defense attorney, a senile hit man. These are the stories in which Michael Mello, as a capital public defender, played a crucial role, and they are the cases that make up Deathwork, a moment-by-moment, behind-the-scenes look at the life and work of a death row lawyer and his clients. Part memoir, part legal casebook, Deathwork offers a gritty, often anguishing picture of what Supreme Court Justice Harry Blackmun called the American legal "machinery of death." The stories Mello tells raise questions about legal issues-from prosecutorial misconduct to the racial inequities of sentencing, from the rules of evidence to the rights of the mentally ill-that here take on a life-and-death urgency. They describe in detail how constitutional issues are raised postconviction, and how those issues are adjudicated by the courts and in accordance with bizarre claims of objectivity. And they show, with a painful immediacy and authenticity, what it is like to live and work under an impending death sentence, the adrenaline rush of the stay or unexpected success, the inconsolable sadness upon the execution of the sick, the afflicted, the innocent. As DNA reversals, last-minute confessions, and revelations of corruption are bringing capital punishment to the forefront of public debate nationwide, this firsthand account of the legalities and realities of the death penalty is as relevant as it is enthralling, as edifying as it is impossible to ignore. Michael Mello is professor of law at the University of Vermont Law School. He is the author of The Wrong Man: A True Story of Innocence on Death Row (2001), Dead Wrong: A Death Row Lawyer Speaks Out against Capital Punishment (1999), and The United States of America versus Theodore John Kaczynski: Ethics, Power, and the Invention of the Unabomber (1999).
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The Delinquent Girl
edited by Margaret A. Zahn
Temple University Press, 2009

Over the past decade and a half, girls’ involvement in the juvenile justice system has increased. Yet the topic remains under-studied among criminologists. The Delinquent Girl is a “state-of-the-field” evaluation that identifies and analyzes girls who become delinquent, the kinds of crimes they commit and the reasons they commit them. The distinguished academics and practitioners who contributed to this volume provide an overview of the research on girls’ delinquency, discuss policy implications and point to areas where further research is critically needed.

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Democracy and Deliberation
The Law and Politics of Sex Offender Legislation
Cary Federman
University of Michigan Press, 2021
Sex offender laws include residency restrictions, registration and notification requirements, and post-conviction civil commitment. These laws and regulations impose serious restrictions on the movements of convicted sex offenders. This is controversial because these laws and regulations occur after the sex offender has completed his time in prison. These laws and regulations are intended to have both a deterrent and therapeutic effect. Residency restrictions seek to prevent sex offenders from recommitting their crimes and civil commitment provides psychological services while incarcerated in a forensic facility. Most works on this subject are deeply critical of these laws.

Cary Federman takes a more sympathetic approach to sex offender legislation. He focuses on the deliberative intentions of legislators, exploring the limits of judicial review and the rights of interested parties to influence lawmaking. Leaders of these interested parties are usually the parents of children who have been sexually violated and murdered. Critics of sex offender legislation tend to focus on the convicted parties, arguing that their rights have been violated. Democracy and Deliberation asserts that these laws are expressions of the deliberative intentions of lawmakers concerned about public safety—they are thus constitutional, if not always wise.
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Denaturalized
How Thousands Lost Their Citizenship and Lives in Vichy France
Claire Zalc
Harvard University Press, 2020

“In Denaturalized, Claire Zalc combines the precision of the scholar with the passion of a storyteller…This is a deftly written book. Zalc combines in an accessible style (smoothly translated by Catherine Porter) the stories of people trapped within a bureaucracy that was as obsessed, perhaps, with clearing files as with hunting Jews. In other words, Zalc reminds us how cruel the banality of indifference could be.”—Wall Street Journal

Winner of the Prix d’histoire de la justice

A leading historian radically revises our understanding of the fate of Jews under the Vichy regime.

Thousands of naturalized French men and women had their citizenship revoked by the Vichy government during the Second World War. Once denaturalized, these men and women, mostly Jews who were later sent to concentration camps, ceased being French on official records and walked off the pages of history. As a result, we have for decades severely underestimated the number of French Jews murdered by Nazis during the Holocaust. In Denaturalized, Claire Zalc unearths this tragic record and rewrites World War II history.

At its core, this is a detective story. How do we trace a citizen made alien by the law? How do we solve a murder when the body has vanished? Faced with the absence of straightforward evidence, Zalc turned to the original naturalization papers in order to uncover how denaturalization later occurred. She discovered that, in many cases, the very officials who granted citizenship to foreigners before 1940 were the ones who retracted it under Vichy rule.

The idea of citizenship has always existed alongside the threat of its revocation, and this is especially true for those who are naturalized citizens of a modern state. At a time when the status of millions of naturalized citizens in the United States and around the world is under greater scrutiny, Denaturalized turns our attention to the precariousness of the naturalized experience—the darkness that can befall those who suddenly find themselves legally cast out.

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Dilemma of Duties
The Conflicted Role of Juvenile Defenders
Anne M. Corbin
Southern Illinois University Press, 2018
The role of a juvenile defender is riddled with conflict, and clients are uniquely challenging because of their lack of life experience and their underdeveloped decision-making abilities. In Dilemma of Duties, Anne M. Corbin examines the distinct function of defense counsel in juvenile courts, demonstrating the commonplace presence of role conflict and confusion, even among defenders in jurisdictions that clearly define their role. This study focuses on juvenile defense attorneys in North Carolina, where it is mandated that counselors advocate for their client’s wishes, even if they do not agree it is in the client’s best interest.  
 
In Dilemma of Duties, Corbin outlines patterns of role conflict that defenders experience, details its impact on counselors and clients in the juvenile justice system, and addresses the powerful influence of the juvenile court culture and the lack of resources for defenders. Tasked with guiding these children, counselors frequently must contend with and manage their clients’ general distrust of adults as they attempt to serve as their voices to the court.
 
Understanding how juvenile defenders define their role and experience role conflict provides valuable insights into our juvenile justice system, especially its role in upholding due process rights. Such knowledge points to the importance of the training and practices of juvenile court functionaries and the efficacy, credibility, and legitimacy of the juvenile justice system itself.
 
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The Discourse of Police Interviews
Edited by Marianne Mason and Frances Rock
University of Chicago Press, 2020
Forensic linguistics, or the study of language and the law, is a growing field of scholarly and public interest with an established research presence. The Discourse of Police Interviews aims to further the discussion by analyzing how police interviews are constructed and used to investigate and prosecute crimes.

The first book to focus exclusively on the discourses of police interviewing, The Discourse of Police Interviews examines leading debates, approaches, and topics in contemporary police interview research. Among other topics, the book explores the sociolegal, psychological, and discursive framework of popular police interview techniques employed in the United States and the United Kingdom, such as PEACE and Reid, and the discursive practices of institutional representatives like police officers and interpreters that can influence the construction and quality of linguistic evidence. Together, the contributions situate the police interview as part of a complex, and multistage, criminal justice process. The book will be of interest to both scholars and practitioners in a variety of fields, such as linguistic anthropology, interpreting studies, criminology, law, and sociology.
 
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Doing Time on the Outside
Incarceration and Family Life in Urban America
Donald Braman
University of Michigan Press, 2004
"Stigma, shame and hardship---this is the lot shared by families whose young men have been swept into prison. Braman reveals the devastating toll mass incarceration takes on the parents, partners, and children left behind."
-Katherine S. Newman

"Doing Time on the Outside brings to life in a compelling way the human drama, and tragedy, of our incarceration policies. Donald Braman documents the profound economic and social consequences of the American policy of massive imprisonment of young African American males. He shows us the link between the broad-scale policy changes of recent decades and the isolation and stigma that these bring to family members who have a loved one in prison. If we want to understand fully the impact of current criminal justice policies, this book should be required reading."
-Mark Mauer, Assistant Director, The Sentencing Project

"Through compelling stories and thoughtful analysis, this book describes how our nation's punishment policies have caused incalculable damage to the fabric of family and community life. Anyone concerned about the future of urban America should read this book."
-Jeremy Travis, The Urban Institute


In the tradition of Elijah Anderson's Code of the Street and Katherine Newman's No Shame in My Game, this startling new ethnography by Donald Braman uncovers the other side of the incarceration saga: the little-told story of the effects of imprisonment on the prisoners' families.

Since 1970 the incarceration rate in the United States has more than tripled, and in many cities-urban centers such as Washington, D.C.-it has increased over five-fold. Today, one out of every ten adult black men in the District is in prison and three out of every four can expect to spend some time behind bars. But the numbers don't reveal what it's like for the children, wives, and parents of prisoners, or the subtle and not-so-subtle effects mass incarceration is having on life in the inner city.

Author Donald Braman shows that those doing time on the inside are having a ripple effect on the outside-reaching deep into the family and community life of urban America. Braman gives us the personal stories of what happens to the families and communities that prisoners are taken from and return to. Carefully documenting the effects of incarceration on the material and emotional lives of families, this groundbreaking ethnography reveals how criminal justice policies are furthering rather than abating the problem of social disorder. Braman also delivers a number of genuinely new arguments.

Among these is the compelling assertion that incarceration is holding offenders unaccountable to victims, communities, and families. The author gives the first detailed account of incarceration's corrosive effect on social capital in the inner city and describes in poignant detail how the stigma of prison pits family and community members against one another. Drawing on a series of powerful family portraits supported by extensive empirical data, Braman shines a light on the darker side of a system that is failing the very families and communities it seeks to protect.

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Drinkers, Drivers, and Bartenders
Balancing Private Choices and Public Accountability
Frank A. Sloan, Emily M. Stout, Kathryn Whetten-Goldstein, and Lan Liang
University of Chicago Press, 2000
According to the United States Public Health Service, over 100,000 deaths a year are attributable to alcohol, including 20,000 highway fatalities. In response, legislatures have enacted various forms of regulation intended both to reduce alcohol consumption and to curb its harmful effects. This groundbreaking study focuses on one such form of regulation, the liability imposed on alcohol servers and social hosts by tort law. Basing their analysis on important new data from their extensive research and in-depth interviews with actors on all sides of the issue, the authors conclude that, despite their relative unpopularity, tort laws are very effective in reducing accidents—even more than criminal sanctions.

Extraordinary in scope and exacting in detail, Drinkers, Drivers, and Bartenders: Balancing Private Choices and Public Accountability links alcohol problems, deterrence, and serving practices in a way no other work has been able to do and is certain to become a crucial reference point for researchers and policymakers alike.
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Drunk Driving
An American Dilemma
James B. Jacobs
University of Chicago Press, 1989
In this ambitious interdisciplinary study, James B. Jacobs provides the first comprehensive review and analysis of America's drunk driving problem and of America's anti-drunk driving policies and jurisprudence. In a clear and accessible style, he considers what has been learned, what is being done, and what constitutional limits exist to the control and enforcement of drunk driving.

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