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Murder at the Supreme Court: Lethal Crimes and Landmark Cases, by Martin Clancy, Tim O'Brien
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This in-depth yet highly accessible books provides compelling human stories that illuminate the thorny legal issues behind the most noteworthy capital cases. In 1969, the Supreme Court justices cast votes in secret that could have signaled the end of the death penalty. Later, the justices’ resolve began to unravel. Why? What were the consequences for the rule of law and for the life at stake in the case? These are some of the fascinating questions answered in Murder at the Supreme Court. Veteran journalists Martin Clancy and Tim O’Brien not only pull back the curtain of secrecy that surrounds Supreme Court deliberations but also reveal the crucial links between landmark capital-punishment cases and the lethal crimes at their root. The authors take readers to crime scenes, holding cells, jury rooms, autopsy suites, and execution chambers to provide true-life reporting on vicious criminals and the haphazard judicial system that punishes them. The cases reported are truly "the cases that made the law." They have defined the parameters that judges must follow for a death sentence to stand up on appeal. Beyond the obvious questions regarding the dubious deterrent effect of capital punishment or whether retribution is sufficient justification for the death penalty (regardless of the heinous nature of the crimes committed), the cases and crimes examined in this book raise other confounding issues: Is lethal injection really more humane than other methods of execution? Should a mentally ill killer be forcibly medicated to make him "well enough" to be executed? How does the race of the perpetrator or the victim influence sentencing? Is heinous rape a capital crime? How young is too young to be executed?
- Sales Rank: #345858 in eBooks
- Published on: 2013-02-19
- Released on: 2013-02-19
- Format: Kindle eBook
Review
"This book takes the smoke screen out of the capital-punishment debate and dishes out the realities: the challenges to judges and lawmakers posed by awful crimes, competing pressures on the scale of justice, and the role of victims in determining punishment. A great read and more. Martin Clancy and Tim O'Brien have written an important book."
-Barbara Walters, ABC News
"This book is a lightning strike. It quickens the mind, illuminates the landscape, and guarantees you will see things differently-in this case, how the jagged edges of justice come to bear on decisions of life and death. Clancy and O'Brien are journalists at the top of their class, where facts matter and reporting can read like a novel."
-Bill Moyers, journalist, author, and managing editor, Moyers & Company
"A fascinating treatment of some of the Supreme Court's seminal criminal-law cases, complete with the invariably intriguing facts, characters, and circumstances that made each case so unique and compelling. A great read for lawyers, students, and the general public alike. The makings of a great true-life television series."
-Ted Olson, former U.S. Solicitor General
"A thoughtful and fascinating look behind the headlines of some of the most grisly-and important-murder cases at the Supreme Court."
-Jeffrey Toobin, writer for the New Yorker, legal analyst for CNN
"The most knowledgeable and informative book about crime and capital punishment available today."
-Johnny Hughes, U.S. Marshal, District of Maryland (Hughes, a veteran law-enforcement officer, is a former major in the Maryland State Police)
"A thought-provoking book written at the right time for our society to revisit the death penalty."
-Burl Cain, warden at Louisiana State Penitentiary, Angola (Cain has pre
About the Author
Martin Clancy and Tim O’Brien are both veterans of ABC News, Clancy as a producer and writer, and O’Brien as the network’s longtime law correspondent. They have each reported on capital punishment for more than thirty years, interviewing witnesses, detectives, jurors, murderers, judges, and Supreme Court justices. Their journalism has earned each a Silver Gavel Award from the American Bar Association, the Dupont-Columbia Award for excellence, and several national Emmy Awards. Clancy, a recipient of many awards for his investigative work, is perhaps best known for his partnership with Barbara Walters in producing marquee interviews with eight presidents, heads of state, and controversial newsmakers. O’Brien, a lawyer, has served as Distinguished Visiting Professor at four law schools and lectures frequently on the Supreme Court and legal issues.
Most helpful customer reviews
4 of 4 people found the following review helpful.
Save Your Money
By M. Stephens
To say that this book is a major disappointment is something of an understatement. As an attorney, I was looking forward to a reasonably intelligible description of how the Supreme Court has responded to death penalty cases over time, why its jurisprudence has developed in the manner it has, and what the actual facts of the underlying cases had (or didn't have) to do with how that body of law developed. What I got instead was a disjointed, unfocused, poorly written and inadequately edited, essay which is anything but thought provoking or genuinely educational.
The facts associated with individual cases are presented almost in isolation, without any real effort to suggest why they did or didn't influence the court or individual justices in characterizing and deciding those cases as they did. The writing is hackneyed -- e.g., "now it was time to call in the cavalry;" "[t]he flame had been lit by two men no longer in the building" (p. 38); the Justice Department "also had a horse in this race" (p. 47) -- and replete with fawning and irrelevant detail. For instance, we are told that in 1963 Arthur Goldberg presented to his colleagues a memorandum urging abolition of the death penalty on Eighth Amendment grounds. Instead of quoting that memorandum, summarizing its arguments, or suggesting why it failed to garner three other votes for accepting a case which presented that issue, however, we are informed that it was drafted by Goldberg's "then twenty-four-year-old clerk, Alan Dershowitz . . . a Brooklyn-born legal prodigy who had been first in his class at Yale Law School." With all due respect, that isn't the kind of information I was looking for when I bought this book.
3 of 3 people found the following review helpful.
MAKE UP YOUR OWN MIND
By joe rooms Author of PRINCE OF THE WILD FRONTIER
With a young woman In an Arizona prison awaiting the ultimate consequences of being convicted for a murder that was more brutal than imaginable, and a "loser nephew" in a Boston prison accused of terrorism, could there be a more timely book than
"Murder At The Supreme Court"?
There was only one sentence in the entire book I wish they would have edited out. In "closing Arguments", the authors apologize if seeming to advocate for the death penalty. I never got that impression anywhere in the book. Not even close.
On a personal note, I have opposed capital punishment since I was a child. A major influence was listening to my hero:Clinton T Duffy on t.v. Mr. Duffy was the long time warden of San Quentin prison. When I saw that these writers cited this
great man, I was confident that they would be reporting with authority, and they did. Their account of landmark cases at the Supreme Court was comprehensive and, I thought without prejudice. I felt that the stories in "MATSC" achieved a perfect
balance of victims and their families and perpetrators and their families. I think the authors intended for their book to more educational than inspirational i.e, "Just the facts, Ma'am". "MATSC' disciplines itself to provide us a clinical analysis of a
controversial subject Having said that, it would be next to impossible to explore such a volatile topic without emotion being a factor.
I have tried my hardest to focus on reviewing the book, and not pontificating on my own beliefs regarding capital crimes and punishment. I do find it pertinent, though, to mention that "MATSC" did not change my stance on the matter. What It did
do,though, was remind me to have empathy for the victims of these killers. I do.
For those reviewers who were stingy with their stars,(one gentleman didn't even read the book. Another had previously given one star to a thermometer) I posit that they misread AT for IN in the title, and expected to read Margaret Truman's
fine novel. May I suggest?, if you are still in a quandary about your position, and need more info than "MATSC" was able to provide you, see the movies :The Thin Blue Line & Henry, Portrait Of A Serial Killer, and read the books: Stranger Beside Me & Actual Innocence,
and then read Murder At The Supreme Court by Martin Clancy and Tim O'brien, again! p.s. Make sure to take advantage of the websites they direct you to. There are videos and transcripts of actual cases. A bonus feature I've not seen in the main text of a book
4 of 4 people found the following review helpful.
A Clear & Absorbing Account of Landmark Cases Affecting the Death Penalty
By R. Schultz
This book is a lucid account of some of the cases that shaped our Country's approach to administering the death penalty. Each chapter starts with a description of the crime and criminal whose case then prompted a Supreme Court decision.
While the authors ultimately do express their opinion about the efficacy of the death penalty, they never appear to be biased or dogmatic in their presentation. They summarize the Supreme Court Judges' differing views in an even-handed way. The authors achieve their stated goal: To provoke & inform readers' personal decision regarding capital punishment.
Some of the cases they review involve questions of:
XX Which methods of execution (if any) would pass the Bill of Rights' "no cruel or unusual punishment" test. (As accompaniment to these sections, you might want to check out Mr. Death: The Rise & Fall of Fred A. Leuchter Jr., the account of one man's attempt to build a better electric chair);
XX Whether accomplices to a deadly crime are as culpable as the actual triggermen;
XX How extensive is a convicted individual's right to appeal and review - and how should 11th hour "new evidence" claims of innocence be handled;
XX What should constitute the "aggravating circumstances" that might elevate a crime to qualify for the death penalty;
XX How much have issues of race disproportionately landed members of minority groups on Death row, and more interestingly, how much has the race of the victims' of crime disproportionately affected the severity of the sentences handed down;
XX Should the impact statements of surviving family members be allowed to influence the severity of punishment meted out to a perpetrator;
XX What cut-off points can be established to qualify juveniles and low-IQ individuals for capital punishment? (Note Justice Scalia's thought-provoking retorts in this regard);
The authors generally only consider cases accepted for review by the Supreme Court from 1970-the present. For example, not included here are earlier cause celebres, such as the Caryl Chessman case, that raised constitutional questions along the way. Chessman qualified for a death sentence (which was ultimately carried out) because the crimes he was convicted of violated "The Little Lindbergh Law." This law allowed the death penalty if any bodily harm (even harm well short of murder) occurred in the course of a kidnapping. Chessman's rape crimes qualified as "kidnappings" because he dragged several of his victims a number of feet out of their cars. (However, that wasn't the basis on which Chessman's case was ultimately brought to the Supreme Court for review. His case was reviewed by the highest Court on the more mundane basis of a permanently lost trial transcript.)
However this book, while not specifically going as far back as Chessman, does recount several cases that raised issues of "proportionality." Can any State apply the death penalty for a crime that didn't itself result in death? Or does the law have to stick to "an eye for an eye" parity? Should the death penalty be applied in cases in which a minor was raped, but not killed? More recent supreme court cases produced some interesting rationales on both sides of that question.
This book gives clear insights into the kinds of reasoning that the judges applied when they considered their cases. There's a lot you'll likely learn about the logic of the law and more general philosophy here. The authors also give readers some rare behind-the-scenes views into the Judges' Friday conferences where they privately consider which cases to review, and how to frame the presentations.
I also found this book to be much more revealing and informative about the manner of Supreme Court deliberations than many other books I've read that attempted inclusive accounts of the Court's history. Seeing the Court's operations through this narrower lens of how the death penalty has been addressed - gives the reader more focus. It's like walking into a huge museum and trying to take in EVERYTHING versus walking in with a few specific questions you'll look to have answered. The latter approach often, paradoxically, ends in giving you the more informed overview. That's what happens here where you review the Supreme Court's operations through the narrower lens of how it has considered issues relating to the death penalty.
The authors issue a warning at the beginning of the book regarding the graphic nature of their accounts of some of the crimes and some of the photographs. Actually though, I don't think that warning should necessarily limit high school student's access to this book, nor should it dissuade more sensitive readers from reading it. Most of the photos are portraits of the various Judges or the perpetrators. When a crime scene photo is included, it is usually too grainy to be disturbing. The accounts of the crimes themselves are no more distressing than what's presented on the average CSI TV show.
So almost everyone capable of reading this book would likely profit from its review of a range of important, compelling legal issues. There are also scan-able bar codes throughout the book, leading you to online sources of more information.
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