NCJ Number
9161
Date Published
1972
Length
273 pages
Annotation
THIS COLLECTION OF READINGS, ALTHOUGH IT PRE-DATES THE SUPREME COURT'S HISTORIC DECISION, PRESENTS ARGUMENTS FROM BOTH PROPONENTS AND OPPONENTS.
Abstract
THE SUPREME COURT'S DECISION IN FURMAN V. GEORGIA, WHICH PROHIBITED CAPITAL PUNISHMENT AS CURRENTLY IMPOSED, HAS PROVOKED A NATION-WIDE CONTROVERSY OVER THE NEED FOR THE DEATH PENALTY. INTRODUCTORY ARTICLES COVER DEVELOPMENT OF CAPITAL PUNISHMENT UNDER ENGLISH AND AMERICAN LAW AND THE LEGAL STATUS OF THE DEATH PENALTY IN THE WORLD TODAY. THE LEADING ISSUES IN THE DEBATE - DETERRENCE, DISCRIMINATION, THE PROTECTION OF SOCIETY, THE ROLE OF PUBLIC OPINION, AND LEGAL PROBLEMS - ARE ANALYZED IN DETAIL IN ANOTHER ARTICLE. SEVERAL OF THE READINGS ADVANCE ARGUMENTS FOR RETAINING THE DEATH PENALTY. THESE PAPERS STRESS THE DETERRENT EFFECTS OF EXECUTIONS ON POTENTIAL MURDERERS, HEINOUS CRIMES WHICH REQUIRE RETRIBUTION, AND THE POSSIBLE DANGERS TO LAW ENFORCEMENT OFFICERS AFTER REPEAL. THESE ARGUMENTS ARE BALANCED BY ARTICLES WHICH OPPOSE CAPITAL PUNISHMENT. IT IS ARGUED THAT REHABILITATION SHOULD BE THE MAIN GOAL OF CRIMINAL JUSTICE, THAT THE POOR AND RACIAL MINORITIES RECEIVE AN UNEQUAL SHARE OF DEATH SENTENCES, AND THAT PRISONERS WITH LIFE SENTENCES RARELY COMMIT ANOTHER HOMICIDE EITHER IN PRISON OR AFTER RELEASE TO THE COMMUNITY. (SNI ABSTRACT)