NCJ Number
138430
Date Published
1991
Length
324 pages
Annotation
Capital punishment in the United States is examined with respect to its history, United States Supreme Court decisions, public attitudes, and deterrence effectiveness; the analysis concludes that capital punishment should be replaced with sentences of life without parole, along with mandatory financial restitution to the victim's survivors.
Abstract
An overview focuses on the history of capital punishment and the relative infrequency of its use. The efforts of abolitionist lawyers to have the Supreme Court review the constitutionality of capital punishment in the 1960's and 1970's are detailed, as are the Court's decisions during that period and since the 1972 decision in Furman v. Georgia. Data are presented indicating that capital punishment discriminates against black persons, that many death sentences are imposed in an arbitrary manner, that a criminal justice system that includes capital punishment costs more than one based on life imprisonment, that capital punishment is a less effective deterrent than life imprisonment, and that most Americans would choose to abolish capital punishment if they knew of an effective alternative. The analysis concludes that the proposed alternative of life sentences without parole and with restitution would ensure harsh punishment and protection of the public, while providing restitution and ensuring that innocent people are not executed. Figures, tables, chapter notes, index, and 209 references