Abstract
Social Work, Criminal Justice, and the Death Penalty is a text edited by Lauren Ricciardelli. The book opens with a foreword written by Ed Risler stressing the importance of advocating for individuals who have been failed by the “unjust criminal justice system.” Author biographies are included as each chapter is written by professionals with expertise in social work, law, forensics, and/or academia. The introduction details the important role of social work on criminal justice reform and its alignment with the ethical principles outlined by the National Association of Social Workers (NASW). Statistics are provided on death penalty rates by state and introduces racial bias in death penalty sentencing. Death penalty case laws are briefly reviewed. A table is used for key anti-death and pro-death arguments. The editor states the purpose of the book is “to prepare students, and aspiring advocates and activists, to take an active role in the criminal justice and death penalty discourses by providing key insights from professionals who are engaged with the system.”
The book is broken into three parts: (1) criminal justice considerations, (2) sociopolitical considerations, and (3) social work considerations. Chapters are written based on each author’s professional death penalty experience combined with relevant social policy issues. This text is empirically supported by scholarly literature. Implications for social work and references are included at the end of each chapter.
Part 1 of the book covers criminal justice considerations. Chapter 1 begins with the contention that the death penalty as a system is dead. Reasons for the death of the death penalty are explored including the advancement of DNA evidence and exonerations, Supreme Court decisions on capital punishment fairness, inhumane execution methods, racial discrimination, and incompetent defense attorneys. Chapter 2 reviews the Supreme Court decisions that resulted in a death penalty moratorium and the revision of procedural standards in capital cases and statutory limitations. Jury considerations are examined in Chapter 3, and the guilt phase of trial procedure is outlined in a figure. History of mitigation in death penalty cases is described in Chapter 4. Additionally, the role of the social worker as a member of the interdisciplinary team involved in the mitigation process is introduced. Chapter 5 delves further into the role of the social worker in capital defense practice. The author argues that effective crafting of mitigating social histories by the social worker is a critical task in restoring social justice and rehumanizing defendants.
Part 2 explores sociopolitical considerations. Chapter 6 presents three traditional reasons for supporting capital punishment including (1) as necessary to purge evil, (2) as war on the outlaw, and (3) as a punishment fitting the crime. Chapter 7 argues for the application of structuralism in the examination of helping systems while maintaining wariness toward the neoliberal perspective. Additionally, this chapter proposes macro social work considerations for engagement in criminal justice reform. Chapter 8 reviews the criminal justice system’s role in criminalizing poverty. Mass incarceration trends beginning in the early 1900s and reasons behind this trend are described in Chapter 9. Chapter 10 argues against the death penalty because of the resulting trauma and post-traumatic stress disorder experienced by secondary victims. The authors include defendant’s family members, victim’s family members, defense attorneys, prison guards, witnesses, and jurors as secondary victims. The final chapter in Part 2 outlines a practical five-step model of advocacy practice for legislative change.
Part 3 covers social work considerations. This section begins with the discussion of historical linkages between social services and the criminal justice system. Chapter 13 reports on the injustice of executions and ineffective protections for individuals diagnosed with serious mental illness. Chapter 14 reviews intellectual disability criteria and issues frequently encountered with this vulnerable population. Policy considerations regarding foreign nationals, immigration, and death penalty are explored in Chapter 15. Chapter 16 discusses the physical and psychological impact on family members of individuals sentenced to death. The relevance of trauma in capital defense and secondary trauma among practitioners are described in Chapter 17. Additionally, this chapter outlines a five-step guide for best practices in trauma investigations. The final chapter focuses on the role of social workers as criminal justice reform advocates and activists. A summary of recommendations regarding social work activism is bulleted.
This book is appropriate for all social workers ranging from the micro- to macro-level practitioner. Social workers will encounter this issue in practice at some point in their career through interactions with clients, families, or in the course of policy advocacy. Throughout the text, the values and ethics outlined by the NASW are referenced and reflected upon in relation to death penalty practice and procedure. Unethical treatment in the criminal justice system is evidenced by disproportionate rates of marginalized individuals sentenced to the death penalty. The authors highlight this unjust system clearly, and the text is read as a call to action.
This text is a great resource for individuals with little knowledge of the criminal justice system. The text provides a sufficient review of death penalty history, case law, and court procedure. Tables and figures adequately summarize key material, and information is located rapidly with the use of the comprehensive index. Additionally, the book contains a list of recommended works and resources including advocacy groups, books, court decisions, film documentaries/news/TED talks, museums, music, and web resources.
