NCJ Number
26371
Journal
AMERICAN JOURNAL OF ORTHPSYCHIATRY Volume: 45 Issue: 4 Dated: (JULY 1975) Pages: 614-640
Date Published
1975
Length
27 pages
Annotation
THE AUTHORS CONTEND THAT AMERICAN MORAL STANDARDS ARE EVOLVING TOWARDS A VIEW OF EXECUTION AS UNJUST AND IMMORAL PUNISHMENT; THIS, THEY CONTEND, PROVIDES A BASIS FOR SUPREME COURT REJECTION OF THE DEATH PENALTY.
Abstract
THE 1972 U.S. SUPREME COURT DECISION IN FURMAN V. GEORGIA DELCARED THE DEATH PENALTY, AS ADMINISTERED AT THAT TIME, TO BE UNCONSTITUTIONAL BECAUSE IT VIOLATED THE EIGHTH AMENDMENT'S PROHIBITION OF CRUEL AND UNUSUAL PUNISHMENT. THIS WAS BASED ON CONSIDERATION OF THE PATTERNS OF ADMINISTRATION OF THE DEATH PENALTY; A REVIEW OF THE DETERRENT EFFECT OF CAPITAL PUNISHMENT; AND CONSIDERATION OF PUBLIC OPINION AND EVOLVING STANDARDS CONCERNING THE DEATH PENALTY. THE AUTHORS OUTLINE A THEORY OF THE DEVELOPMENT OF MORAL JUDGMENT. THIS THEORY STATES THAT SOCIETIES AND INDIVIDUALS EVOLVE THROUGH A SET SERIES OF STAGES, AND THAT THE HIGHEST STAGES EVINCE MORAL CONDEMNATION OF THE DEATH PENALTY. BASED ON THIS THEORY, THE AUTHORS CONCLUDE THAT AMERICAN SOCIETY IS EVOLVING TOWARD REJECTION OF THE DEATH PENALTY SINCE, AS IT NATURES, IT MOVES TOWARDS THE HIGHER LEVELS OF MORAL REASONING. THIS, THE AUTHORS ARGUE, SHOULD PROVIDE EVIDENCE OF 'EVOLVING STANDARDS OF DECENCY' ON WHICH THE SUPREME COURT MAY BASE ITS DECISIONS ON THE CONSTITUTIONALITY OF CAPITAL PUNISHMENT.