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Capital Punishment in Poland: The Debate Continues

NCJ Number
187014
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 24 Issue: 1 Dated: Spring 2000 Pages: 159-174
Author(s)
Emil W. Plywaczewski; Wojciech Cebulak
Editor(s)
Mahesh K. Nalla
Date Published
2000
Length
16 pages
Annotation
This article examines the reinstitution of capital punishment in Poland, a penalty currently absent from the Polish legal system.
Abstract
With rising rates of violent crime, 75 percent of Polish people demand the reinstitution of the death penalty. Among the general population, belief in the deterrent impact of death as a legitimate punishment continues to be widely held as an emotional appeal. The article presents the issue of capital punishment in Poland from three perspectives: First, the historical evolution of laws dealing with capital punishment is described. Secondly, some stereotypical opinions are described and analyzed. And third, the issue of the relationship between abolition of the penalty and crime in Poland is examined. The authors describe the death penalty debate in Poland from these perspectives and take a retentionist position in favor of maintaining capital punishment with regard to the most serious types of murders, including those committed in connection with acts of terrorism. Throughout its modern history, Poland has not escaped controversies surrounding the use of the death penalty. Tracing the historical development of laws dealing with the issue demonstrates an evolution influenced by various legal, political, social, philosophical, and international factors, leading up to the current absence of the penalty from the Polish legal system. The debate in society revolves around some stereotypical views held by different social groups. Some stereotypes discussed are: (1) the Catholic Church is completely against the death penalty. But in fact, the issue is more complicated when the Catechism of the Catholic Church is examined; and (2) the view that criminal law and criminology scholars in Poland are completely against the death penalty. The authors conclude that there are relatively few ardent opponents of capital punishment in this group. One of the biggest challenges is how to reconcile those views with empirical evidence, especially on issues like the deterrent effect of capital punishment.