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The Death Penalty: An American History

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The recent actions by former Illinois Governor Ryan have raised many questions about capital punishment in the United States. I have read or heard several commentaries that have suggested the new focus on the death penalty may lead to its abolition. As an opponent of capital punishment, I hope this is true. But I doubt it.

A reader of Stuart Banner's "The Death Penalty: An American History" will realize very little new can be added to the debate. Banner provides an extensively detailed account of all aspects of the death penalty throughout the past 350 years. From colonial times through the execution of Timothy McVeigh, this book looks at the logistics, politics, and theology of capital punishment. The author comes as close to complete objectivity in presenting the history as possible. Banner is fair in showing the strengths and weaknesses in arguments for and against capital punishment. And he provides fascinating information concerning the debates that surrounded periodic changes in how the death penalty was administered. Throughout history there have been many debates: the merits of hanging versus electrocution; the arguments for and against public execution; the role of penitence (thus the name penitentiary) in punishment.

I found that this history of one issue was very much a microcosm of the broader history of the United States. For instance, I was not familiar with the legal term petit treason. This describes the concept of treason-an offense against someone to whom absolute loyalty is owed-in private life. Those convicted of petit treason were subject the "more severe" punishment of death by burning. In 17th and 18th century America two classes were capable of being convicted of petit treason. The classes were slaves "convicted of murdering their owners or of plotting a revolt" and women "convicted of killing their husbands." (p. 71)

Class played a pivotal role in the move from public hangings to jail yard executions. Banner describes how elites in the 19th century became appalled at public hangings because the large crowds were rowdy and displayed lower class sensibilities. Simply put, those in power were not opposed to hanging-they were opposed to being in the presence of the working class when the restraints of the workplace were removed.

Class, race, and gender divisions are evident in almost every area of this controversial issue. And no great American controversy would be complete with religious implications. In fact, no less a public preacher than Cotton Mather worried in the 17th century that he could rise to the occasion of giving the sermon to the crowd of thousands that attended executions. As the author notes about public hangings: "An execution could be a splendid occasion for reinforcing religious authority." To this day, capital punishment attracts those in authority to make religious arguments both in opposition and support of the death penalty.

As stated earlier, this book is not a polemic. It is an accurate history of one of our most contentious issues. As is the case with history, I am sure both those if favor of capital punishments and abolitionists can find many facts to support their beliefs. It is also true that a better understanding of history must allow all involved to reconsider some beliefs. "The Death Penalty: An American History" should be read by every legislator who will vote on state-sanctioned killing.

Having read a number of books on the subject, I would have to say that this book is about the best, providing an excellent overview of capital punishment in America. Containing recent data as well as historical accounts, the author paints a vivid picture of how capital punishment has evolved over the past three hundred years in this country.

Most books that are written about the death penalty tend to be partisan either filled with impassioned criticisms or passionate defences. This book is unusual as it is measured and objective.

It is not a long book but it looks at a surprisingly large number of issues not only about the penalty itself but the ritual around it, the means used and a detailed explanation of the constitutional argument that led to its abolition and its resurrection...

In describing the way the death penalty is administered the one interesting point made by the author is the discrepancy in its implementation. Almost all of the death penalty cases occur in the Southern States. There appear to be a number of reasons for this one being the fact that these states have the highest rates of murder, the only crime which realistically now attracts the penalty. The author however makes the point that another key factor in the geographic distribution of the death penalty is the way that defendants are represented. In the North the state funds public defenders officers which provide a high standard of legal representation. This means that during the penalty phase of the trial care is undertaken to call evidence that will lead to imprisonment rather than execution. In the South the system of providing legal assistance is for the state to pay private lawyers to undertake death penalty cases. The fees are stingey and as a result defence lawyers are often have no experience or skill in running such cases. Mitigatory evidence is seldom called and the usual methods of arguing for a lesser penalty are not used. Capital cases in the South are littered with tales of incredibly incompetent defence lawyers.

The writer appears to be a legal academic and the most interesting part of the book is the explanation of the constitutional arguments over the legality of the penalty. The explanation of the arguments over how it was argued that the penalty was cruel and unusual and the legislative changes which were used to overcome these arguments is excellent and makes a complex area easy to grasp.

All in all an interesting book for those who wish to read about the subject.

TDP is a concise (just over 300 pages), well-written history of the death penalty in America from the colonial period to the present. The book has no agenda as far as persuading the reader as to the "for-or-against" debate. Very informative on both the concrete, legal issues as well as the more abstract moral/philosophical concepts invoked by the topic. This is mandatory reading for anyone with a serious interest in the topic.

Highly recommended.

Prof. Banner draws on legal sources, the text of sermons and newspaper accounts to examine the evolution of popular sentiment about the death penalty over the past four centuries. I found the book enlightening on several different levels.

First, changes in popular views about the rightness of the death penalty.

Second, the co-evolution of popular feeling of what is "right" and the law itself. This gave me something to think about relative to the old debate about the law as a living thing vs. "strict constructionism" that the law (that is the basic law (constitution) and basic principles) are what we think the founding fathers meant when they wrote it.

Third, an interesting sidelight was the discussion of the emergence of long-term imprisonment as an alternative to the death penalty in the early 19th century.

Finally, the discussion of the meaning behind the gradual change from public executions to executions witnessed only by a few -- a reflection of general discomfort about the death penalty was another interesting line of evidence that I had never considered before reading this book.

It's a testament to the balance found in Stuart Banner's history of the death penalty in the U.S. that I'm still unsure where he stands on the controversial issue. If I had to take a position, I would say that he's probably against it, but even after reading his three-hundred page book I can't be sure. That's a remarkable feat for a subject matter that immediately unbalances many people.

But "The Death Penalty: An American History" has other virtues. The book is scholarly, yet still an easy read for any interested layman; it is comprehensive, but doesn't get bogged down in details. Banner begins with capital punishment as practiced in colonial America and ends with public attitudes and constitutional issues in the late twentieth century. While the book basically follows a straightforward chronology, its chapters are arranged thematically.

Some of the most interesting parts of the book are in the beginning. How Banner describes public opinion toward the death penalty in the seventeenth and eighteenth centuries, the way executioners then -- who often were killing a man for the first and only time in their lives -- handled their duties, and the relationship between the public who viewed the execution and the condemned man, were all very fascinating to me.

But no part of this history is boring. Banner does a remarkable job of sustaining interest even when the book turns to modern times, where the history of the death penalty focuses more on legal and abstruse matters. Banner always clarifies the issues at hand, explaining clearly and objectively the importance of what he is writing about. I cannot recommend this book too highly. If you have any interest in the death penalty, read it.

There are already several good reviews on this book, so I will only suggest reading the following books on the USA in addition to Banner's: A) Dealing with constitutional and political ideas: 1) Constitutional History of the American Revolution by John Phillip Reid; 2) "America's Constitution: A Biography" by Akhil Reed Amar; 3) "Liberty's Blueprint: How Madison and Hamilton Wrote The Federalist, Defined the Constitution, and Made Democracy Safe for the World" by Michael Meyerson; and 4) Lincoln's Constitution by Daniel A. Farber. B) Other books chosen with an approach historically impressionistic: 5) "The Churching Of America, 1776-2005: Winners And Losers In Our Religious Economy" by Roger Finke and Rodney Stark; 6) "American Colonies. The settling of North America", by Alan Taylor; and 7) "Battle cry of freedom. The Civil War Era" by James M. McPherson.

Stuart Banner has taken on one of the more politically volatile subjects in American history and come up with a well-written book that explores the death penalty's development in this country and the related controversies.

In the colonial era there were no prisons, so execution - primarily by hanging - was the only option for a myriad of crimes: not just murder, but arson, rape, burglary and in some cases, acts like blasphemy. The hangings were public events that were widely attended by men, women and children. As prison provided an alternative punishment, execution began to be used only for the most serious crimes, and eventually began to be done in a more private forum and by newer, more "humane" methods.

Banner covers all these issues well and with such an objective approach it is difficult to even see what side of the issue he is on. That's what helps make this book so great: with Banner's balanced approach, you never get the feeling he is pushing either a pro- or anti-death penalty agenda.

Balance by itself would not be enough, but Banner also is a good writer and this book is a fascinating read. Whether you are for the death penalty or against it, you should read this book. It probably won't change your mind, but it will give you much more insight as to why we use the death penalty like we do.