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Paul Kaplan - Murder Stories: Ideological Narratives in Capital Punishment (Issues in Crime and Justice)

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Paul Kaplan Murder Stories: Ideological Narratives in Capital Punishment (Issues in Crime and Justice)
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Murder Stories engages with the current theoretical debate in death penalty research on the role of cultural commitments to American ideologies in the retention of capital punishment. The central aim of the study is to illuminate the elusive yet powerful role of ideology in legal discourses. Through analyzing the content and processes of death penalty narratives, this research illuminates the covert life of the American Creed, (a nexus of ideologiesliberty, egalitarianism, individualism, populism, and laissez fairesaid to be unique to the United States) in the law.
Murder Stories draws on the entire record of California death sentence resulting trials from three large and diverse California counties for the years 1996 2004, as well as interviews with 26 capital caseworkers (attorneys, judges, and investigators) from the same counties. Employing the theoretical framework proposed by Ewick and Silbey (1995) to study hegemonic and subversive narratives, and also the ethnographic approach advocated by Amsterdam and Hertz (1992) to study the producers and processes of constructing legal narratives, this book traces the ideological content carried within the stories told by everyday practitioners of capital punishment by investigating the content, process, and ideological implications of these narratives.
The central theoretical finding is that the narratives constructed by both prosecutors and defenders tend to instantiate rather than subvert the ideological tenets of the American Creed.

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Murder Stories

Issues in Crime & Justice

Series Editor

Gregg Barak, Eastern Michigan University

As we embark upon the twenty-first century, the meanings of crime continue to evolve and our approaches to justice are in flux. The contributions to this series focus attention on crime and justice as well as on crime control and prevention in the context of a dynamically changing legal order. Across the series, there are books that consider the full range of crime and criminality and that engage a diverse set of topics related to the formal and informal workings of the administration of criminal justice. In an age of globalization, crime and criminality are no longer confined, if they ever were, to the boundaries of single nation-states. As a consequence, while many books in the series will address crime and justice in the United States, the scope of these books will accommodate a global perspective, and they will consider such eminently global issues such as slavery, terrorism, or punishment. Books in the series are written to be used as supplements in standard undergraduate and graduate courses in criminology and criminal justice and related courses in sociology. Some of the standard courses in these areas include introduction to criminal justice, introduction to law enforcement, introduction to corrections, juvenile justice, crime and delinquency, criminal law, white collar, corporate, and organized crime.

Titles in Series:

Effigy: Images of Capital Defendants, by Allison Cotton

Perverts and Predators: The Making of Sexual Offending Laws , by Laura J. Zilney and Lisa Anne Zilney

The Prisoners World: Portraits of Convicts Caught in the Incarceration Binge , by William Tregea and Marjorie Larmour

Racial Profiling: Research, Racism, Resistance, by Karen S. Glover

State Criminality: The Crime of All Crimes , by Dawn L. Rothe

Punishment for Sale: Private Prisons and Big Business , by Donna Selman and Paul Leighton

Forensic Science in Court: Challenges in the Twenty-first Century , by Donald E. Shelton

Threat Perceptions: The Policing of Dangers from Eugenics to the War on Terrorism , by Saran Ghatak

Gendered Justice: Intimate Partner Violence and the Criminal Justice System , by Venessa Garcia and Patrick McManimon

Murder Stories: Ideological Narratives in Capital Punishment , by Paul Kaplan

Murder Stories

Ideological Narratives in Capital Punishment

Paul Kaplan

Lexington Books

Lanham Boulder New York Toronto Plymouth, UK

Published by Lexington Books

A wholly owned subsidiary of The Rowman & Littlefield Publishing Group, Inc.

4501 Forbes Boulevard, Suite 200, Lanham, Maryland 20706

www.lexingtonbooks.com

Estover Road, Plymouth PL6 7PY, United Kingdom

Copyright 2012 by Lexington Books

Forgetting the Future: Cause Lawyering and the Work of California Capital Trial Defenders, by Paul Kaplan (2010), was originally published in Theoretical Criminology, 14 (2). Reprinted with permission of SAGE Publications Ltd.

All rights reserved . No part of this book may be reproduced in any form or by any electronic or mechanical means, including information storage and retrieval systems, without written permission from the publisher, except by a reviewer who may quote passages in a review.

British Library Cataloguing in Publication Information Available

Library of Congress Cataloging-in-Publication Data

Kaplan, Paul, 1968

Murder stories : ideological narratives in capital punishment / Paul Kaplan.

pages cm.(Issues in crime & justice)

Includes bibliographical references and index.

ISBN 978-0-7391-7170-7 (cloth: alk. paper)ISBN 978-0-7391-7171-4

(electronic)

1. Capital punishmentUnited States. 2. TrialsUnited States. 3. Murder

United States. I. Title.

KF9227.C2K37 2012

364.660973dc232011046173

Picture 1 The paper used in this publication meets the minimum requirements of American National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI/NISO Z39.48-1992.

Printed in the United States of America

To Sylvia

Acknowledgments

My work on capital cases began in 1996 when I was convinced by my friend Sarah Weiner to volunteer at the Center for Capital Assistance in San Francisco, a nonprofit organization dedicated to providing mitigation expertise to lawyers defending persons facing death sentences or executions. In the years since, my professional life hasin one way or anotherfocused on Americas institution of state killing. Along the way, I have worked as a mitigation investigator on cases and published articles about the death penalty. This book thus represents a kind of culmination for me, an encapsulation of my career to this point. As with all books of this kind, Murder Stories is the result of many collaborations, conversations, and arguments with smart and dedicated people. Of course, everything in this book, including any errors or flaws, should be attributed exclusively to me.

First and foremost, I thank Scharlette Holdman, who introduced me to the world of capital mitigation and provided a paragon example of intelligence and dedication. My time under Scharlette was short, but her tutelage stays with me today. Next, I thank Courtney Bell, Susan Garvey, and Charlie Pizarro, the team of investigators who took me in, trained me, and became some of my closest friends. To this day, I look to these beautifully fierce persons for inspiration, laughter, and hijinks. Thanks to Peter Blair for keeping me sharp for the last twenty years. Sylvia Valenzuela gets special recognition for putting up with me. Thank you, my darling darling, for being wonderful.

I thank Val Jenness, who stepped in and saved this project from falling through the cracks when it began in graduate school. I would never have written this book were it not for Vals guidance, vision, and dedication. I would like to thank Kitty Calavita for her always incisive commentary on this work, and also for her example as a scholar. Kitty is the ultimate scholarly role model. Thanks to Simon Cole, for his perceptive commentary, intellectual inspiration, and wonderfully dry humor. I also thank Richard Leo for his early stewardship of this project and mentorship in general. Richard always thought long and hard about my work, and provided probably the best constructive criticisms I have ever been lucky enough to receive.

Thanks to my collaborator Kerry Dunn for her intellectual integrity and remarkable dedication to social justice. I would also like to thank the following scholars from around the world for their various assistances and inspirations: Bill Bowers, Jesse Cheng, John Cleary, Susan Coutin, Howie Erlanger, Ben Fleury-Steiner, David Garland, David T. Johnson, Beth Loftus, Mona Lynch, Liisa Malkii, Bill Maurer, Karl Shoemaker, Bill Thompson, Austin Sarat, Elizabeth Vartkessian, and Frank Zimring. I am especially thankful to Daniel LaChance for reading the entire manuscript of this book. His comments were exceptionally thoughtful and helpful.

I am grateful to Kate Coyne for her help with introducing me around various courthouses. Thanks to Jesse Rodriguez for his help. Thanks to all the prosecutors, defense attorneys and others who agreed to be interviewed for this project. I enthusiastically thank all of my friends in the world of capital defense, both for inspiration and for being there to answer my legal questions.

My colleagues at San Diego State University have proven to be invaluable friends, collaborators and mentors; I thank them heartily: Mounah Abdel-Samad, Salvador Espinoza, Shawn Flanigan, Stuart Henry, Larry Herzog, Alan Mobley, Dana Nurge, and Paul Sutton.

A deeply felt debt of gratitude goes to family and friends who believed in me all alongeven when I didntand who have inspired me in all kinds of ways over the years. I am deeply grateful to my immediate family: Jeff Kaplan, Barbara Kunkel (RIP), Ben Kaplan-Good, Sam Kaplan-Good, and Peri Lou Good. Thanks to the following friends for their unconditional love, support, and inspiration: Courtney Bell, Susie Bennett, Peter Blair, Dimitri Bogazianos, Michael Braun, Stone Clement, Ryan Fischer, Susan Garvey, Scott Kaminski, Glenda Kelmes, James Lingen, Christian Muro, Charlie Pizarro, Darcy Purvis, Kim Richman, Anastasia Tosouni, Michael Smyth, David Weiner, and Kyong Yi. Thanks to the basketball posse for forcing me go to my left once in a while: Mounah Abdel-Samad, Trent Biggs, Alessio Bloesch, Brian Goeltzenleuchter, Jeff Kaplan, and Dana Nurge.

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