Cruel and Unusual Punishment - by Joseph Anthony Melusky & Keith A Pesto (Hardcover)

About the Book

In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue.
The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment."

Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes.

• A focused list of primary source documents includes the Magna Carta, the Northwest Ordinance, the 5th, 8th, and 14th Amendments, and excerpts from the Federalist Papers
• Appendixes include tables and charts on public opinion on the death penalty, state statistics, federal sentencing guidelines, and a bibliography

Book Synopsis

In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue.

The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment."

Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes.

Review Quotes

"Well written and easily accessible to students at the high school level, this title would be an excellent addition to both public and school libraries. It would be particularly useful to students preparing to debate either side of the issue." --VOYA

"This compact volume delivers a balanced review of the history, development, and current status of the death penalty in America . . . Suitable for public libraries and academic libraries serving undergraduates." --Reference & User Services Quarterly

"[S]eeks to provide a concise and coherent background on constitutional freedoms as guaranteed by the Bill of Rights. Cruel and Unusual Punishment achieves that purpose admirably . . . Highly recommended. Public, two-year, and four-year colleges; general readers and undergraduates." --Choice

"This book discusses a wide range of issues falling under the 8th Amendment's protection against cruel and unusual punishment, including excessive fines and the three strikes laws . . . Cruel and Unusual Punishment is recommended for public, high school, and undergraduate library collections." --American Reference Books Annual

About the Author

Joseph A. Melusky is chair of the Department of History and Political Science at Saint Francis University, Loretto, PA.

Keith A. Pesto is a United States magistrate judge for the Western District of Pennsylvania.