ix
Contents
Preface, xv
Acknowledgments, xvii
1 Background
and
History, 3
Introduction, 3
The Death Penalty before It Was Capital
Punishment, 3
How Did This History Affect Capital Punishment in
the United States?, 9
So Why Does the Eighth Amendment Ban Cruel and
Unusual Punishment?, 13
How Did the Ban on Cruel and Unusual Punishment
Become Linked to the Death Penalty?, 21
Capital Punishment in the New Republic, 27
The Due Process Clause of the Fourteenth Amendment
Changes the Bill of Rights, 36
So Does Due Process “Incorporate” a Ban on Cruel
and Unusual Punishment?, 42
References, 51
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