Charting death penalty abolition through abolitionist de facto states
<p>This dissertation explores the phenomenon of abolitionist <em>de facto</em> (in practice) (ADF) states in the United States (US). These states, located primarily in the Midwestern and Western US, retain the death penalty <em>de jure</em> (in law) but have not carried...
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| Format: | Thesis |
| Language: | English |
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2024
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| _version_ | 1817931065448202240 |
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| author | Clesi, AB |
| author2 | Hoyle, C |
| author_facet | Hoyle, C Clesi, AB |
| author_sort | Clesi, AB |
| collection | OXFORD |
| description | <p>This dissertation explores the phenomenon of abolitionist <em>de facto</em> (in practice) (ADF) states in the United States (US). These states, located primarily in the Midwestern and Western US, retain the death penalty <em>de jure</em> (in law) but have not carried out any executions in at least 10 years. Focusing on Kansas and Wyoming, this research challenges the assumption that ADF status inevitably leads to abolition de jure. Instead, it argues that ADF jurisdictions may remain vulnerable to the resumption of executions due to various political and social factors.</p>
<p>Using a theoretical framework informed by historical institutionalism and path dependence (i.e., an ‘Analysis of Institutional Mechanisms and Structures’ or ‘AIMS’), this dissertation examines death sentences, state supreme court decisions, legislative efforts to repeal the death penalty, prosecutorial decisions, and current political and social attitudes toward the death penalty in Kansas and Wyoming to understand the causes and persistence of the ADF phenomenon in these states.</p>
<p>It is argued that the survival of the death penalty in Kansas and Wyoming is linked to antecedent historical conditions, particularly lynching and gun ownership, and that these conditions have furthered a ‘cowboy culture’ that endorses capital punishment as a means of maintaining order and justice. Race, class, and an ‘othering’ dynamic have also influenced who is deemed worthy of execution in these states, producing the critical junctures responsible for ADF in Kansas and Wyoming. Lastly, ‘local legal cultures’ explain how jurisdictions establish and maintain patterns of execution (or non-execution) and how particular events (i.e., ‘near-misses’) could have turned ADF into abolition.</p>
<p>This dissertation contributes to a broader understanding of the death penalty in the US by examining how historical, cultural, and legal/institutional forces stabilize ADF, complicating the path toward abolition. To date, it appears that no such study has been undertaken in the US.</p> |
| first_indexed | 2024-12-09T03:16:06Z |
| format | Thesis |
| id | oxford-uuid:4ca6ef5e-cfec-47c8-a504-558e3b59b94c |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-12-09T03:16:06Z |
| publishDate | 2024 |
| record_format | dspace |
| spelling | oxford-uuid:4ca6ef5e-cfec-47c8-a504-558e3b59b94c2024-10-24T08:10:00ZCharting death penalty abolition through abolitionist de facto statesThesishttp://purl.org/coar/resource_type/c_bdccuuid:4ca6ef5e-cfec-47c8-a504-558e3b59b94cCriminal law (Customary law)Constitutional lawCapital punishmentBills, LegislativeRace discriminationLegislative powerAppellate courtsCriminal procedureEnglishHyrax Deposit2024Clesi, ABHoyle, C<p>This dissertation explores the phenomenon of abolitionist <em>de facto</em> (in practice) (ADF) states in the United States (US). These states, located primarily in the Midwestern and Western US, retain the death penalty <em>de jure</em> (in law) but have not carried out any executions in at least 10 years. Focusing on Kansas and Wyoming, this research challenges the assumption that ADF status inevitably leads to abolition de jure. Instead, it argues that ADF jurisdictions may remain vulnerable to the resumption of executions due to various political and social factors.</p> <p>Using a theoretical framework informed by historical institutionalism and path dependence (i.e., an ‘Analysis of Institutional Mechanisms and Structures’ or ‘AIMS’), this dissertation examines death sentences, state supreme court decisions, legislative efforts to repeal the death penalty, prosecutorial decisions, and current political and social attitudes toward the death penalty in Kansas and Wyoming to understand the causes and persistence of the ADF phenomenon in these states.</p> <p>It is argued that the survival of the death penalty in Kansas and Wyoming is linked to antecedent historical conditions, particularly lynching and gun ownership, and that these conditions have furthered a ‘cowboy culture’ that endorses capital punishment as a means of maintaining order and justice. Race, class, and an ‘othering’ dynamic have also influenced who is deemed worthy of execution in these states, producing the critical junctures responsible for ADF in Kansas and Wyoming. Lastly, ‘local legal cultures’ explain how jurisdictions establish and maintain patterns of execution (or non-execution) and how particular events (i.e., ‘near-misses’) could have turned ADF into abolition.</p> <p>This dissertation contributes to a broader understanding of the death penalty in the US by examining how historical, cultural, and legal/institutional forces stabilize ADF, complicating the path toward abolition. To date, it appears that no such study has been undertaken in the US.</p> |
| spellingShingle | Criminal law (Customary law) Constitutional law Capital punishment Bills, Legislative Race discrimination Legislative power Appellate courts Criminal procedure Clesi, AB Charting death penalty abolition through abolitionist de facto states |
| title | Charting death penalty abolition through abolitionist de facto states |
| title_full | Charting death penalty abolition through abolitionist de facto states |
| title_fullStr | Charting death penalty abolition through abolitionist de facto states |
| title_full_unstemmed | Charting death penalty abolition through abolitionist de facto states |
| title_short | Charting death penalty abolition through abolitionist de facto states |
| title_sort | charting death penalty abolition through abolitionist de facto states |
| topic | Criminal law (Customary law) Constitutional law Capital punishment Bills, Legislative Race discrimination Legislative power Appellate courts Criminal procedure |
| work_keys_str_mv | AT clesiab chartingdeathpenaltyabolitionthroughabolitionistdefactostates |