NCJ Number
5114
Journal
Southern California Law Review Volume: 45 Issue: 3 Dated: (SPRING 1972) Pages: 739-749
Date Published
1972
Length
11 pages
Annotation
IMPLICATIONS OF THE CALIFORNIA SUPREME COURT'S DECISION INVALIDATING THE DEATH PENALTY AS CRUEL AND UNUSUAL PUNISHMENT.
Abstract
THE COURT BASED ITS DECISION ON CALIFORNIA'S STATE CONSTITUTION. THE JUSTICES HELD THAT THE DEATH PENALTY WAS A CRUEL PUNISHMENT, BECAUSE IT VIOLATED CONTEMPORARY STANDARDS OF DECENCY. THEY RULED THAT THE CRUELTY AROSE FROM BOTH THE PAIN OF EXECUTION AND THE DEHUMANIZING EFFECTS OF THE LENGTHY DELAYS PRIOR TO EXECUTION.