NCJ Number
11604
Date Published
1973
Length
350 pages
Annotation
ACCOUNT OF LEGAL MANEUVERING AND COURT FIGHTS THAT MARKED THE STRUGGLE OF DEFENSE ATTORNEYS TO HAVE THE DEATH PENALTY DECLARED UNCONSTITUTIONAL.
Abstract
IN 1963, UNKNOWN TO THE GENERAL PUBLIC, A SMALL GROUP OF THE NATION'S CIVIL RIGHTS AND CIVIL LIBERTIES LAWYERS SET OUT TO MOUNT A CONSTITUTIONAL ASSAULT ON THE DEATH PENALTY. SEEKING TO EFFECT MOMENTOUS SOCIAL CHANGE, THEY MASTERMINDED A BITTERLY FOUGHT AND CONTROVERSIAL CAMPAIGN OF LEGAL SKIRMISHES TO KEEP OVER SIX HUNDRED DEATH-ROW INMATES ALIVE UNTIL THE SUPREME COURT COULD NO LONGER AVOID DECIDING THEIR FATE ON CONSTITUTIONAL GROUNDS. THESE EFFORTS LED TO A FIVE-YEAR NATIONAL MORATORIUM ON EXECUTIONS, THEN TO A DECISION BY THE CALIFORNIA SUPREME COURT PROHIBITING CAPITAL PUNISHMENT, AND ULTIMATELY TO THE LANDMARK DECISION OF THE SUPREME COURT OF THE UNITED STATES IN FURMAN V. GEORGIA THAT THE DEATH PENALTY WAS CRUEL AND UNUSUAL PUNISHMENT AS THEN ADMINISTERED. THE AUTHOR, ONE OF THE HANDFUL OF LAWYERS FOR THE NAACP LEGAL DEFENSE AND EDUCATION FUND, INC., DESCRIBES THE LEGAL STRUGGLE OF ESTABLISHING AND CARRYING OUT A CAMPAIGN TO ABOLISH CAPITAL PUNISHMENT ON EIGHTH AMENDMENT CONSTITUTIONAL GROUNDS. CRUEL AND UNUSUAL TELLS THE STORY OF THIS FIGHT IN TERMS AS ACCESSIBLE TO LAYMEN AND STUDENTS AS TO LAWYERS, AND PROVIDES AN INSIGHT INTO THE COMPLEX, CREATIVE, AND LITTLE-UNDERSTOOD PROCESS BY WHICH LAW IS FASHIONED. (AUTHOR ABSTRACT)