NCJ Number
25311
Journal
Prison Journal Volume: 53 Issue: 1 Dated: (UNDATED) Pages: 36-48
Date Published
Unknown
Length
13 pages
Annotation
CRITIQUE OF EFFORTS TO RESTORE THE DEATH PENALTY IN PENNSYLVANIA DISCUSSES THE LACK OF EVIDENCE OF A DETERRENT EFFECT OF CAPITAL PUNISHMENT AND REVIEWS U.S. SUPREME COURT JUSTICES' OPINIONS ON CAPITAL PUNISHMENT.
Abstract
IT IS NOTED THAT THE SUPREME COURT'S DECISION IN FURMAN V. GEORGIA ESTABLISHES THE UNCONSTITUTIONALITY OF DISCRETIONARY DEATH PENALTIES. HOWEVER, SEVERAL STATES HAVE INSTITUTED PROPOSALS FOR MANDATORY DEATH PENALTIES IN ENUMERATED AND DEFINED CATEGORIES OF KILLING. THE AUTHOR REVIEWS THE JUSTICES' OPINIONS WHICH HAVE LED STATES TO BELIEVE THAT THIS TYPE OF STATUTE WOULD BE FOUND CONSTITUTIONAL; HE CONTENDS THAT SUCH MANDATORY STATUTES WOULD STILL BE FOUND UNCONSTITUTIONAL AND NOTES THAT A MAJORITY OF THE JUSTICES EXPRESSED OPPOSITION TO MANDATORY DEATH PENALTIES. THE AUTHOR MAINTAINS THAT THERE CAN BE NO DISCRETION-FREE DEATH PENALTY STATUTE DUE TO THE ESSENTIAL DISCRETIONARY NATURE OF THE ENTIRE CRIMINAL JUSTICE SYSTEM.