NCJ Number
45087
Date Published
1976
Length
248 pages
Annotation
THIS COMPREHENSIVE STUDY OF THE DEATH PENALTY IN CANADA APPROACHES THE ISSUE FROM THE VIEWPOINT OF THE SOCIOLOGY OF LAW, THE PARTICULAR CODIFIED LAW, AND THE LEGISLATIVE PROCESS IN CANADA.
Abstract
THE SIMPLEST RENDITION OF THE SOCIOLOGICAL VIEW OF LAW IS THAT THE SOCIAL STRUCTURE OF SOME SOCIETIES AND GROUPS IS MORE CONDUCIVE TO REPRESSIVE SANCTIONS THAN OTHERS. EXAMINATIONS OF VARIATIONS IN CANADIAN SOCIAL STRUCTURE ASSIST IN EXPLAINING VARIATIONS IN PUBLIC SUPPORT FOR RETAINING THE DEATH PENALTY. THE DILEMMA OF LAW VIEWED AS EITHER AN INSTRUMENTAL CONTROL MECHANISM IN SOCIETY OR AS AN EXPRESSIVE DRAMA WHICH RITUALLY DISPLAYS THE IDEALS OF THE CULTURE IS A THEME OF THE BOOK; THE INTRODUCTION DESCRIBES THIS DILEMMA AND PRESENTS SOME CONCEPTS USED BY SOCIOLOGISTS INTERESTED IN DEVIANCE, SOCIAL CONTROL, AND THE SOCIOLOGY OF LAW. A DESCRIPTION OF THE CANADIAN SITUATION REGARDING THE DEATH PENALTY BOTH IN HISTORICAL AND COMPARATIVE PERSPECTIVE FOLLOWS; CAPITAL PUNISHMENT IN FRANCE, THE UNITED STATES, AND ENGLAND IS COVERED. A CRITICAL REVIEW OF THE PROBLEMS OF PUBLIC OPINION POLLS ON THE DEATH PENALTY IN PARTICULAR AND PUNITIVENESS IN GENERAL IS OFFERED, AND THE LEGISLATIVE PROCESS ON CAPITAL PUNISHMENT IS ANALYZED. THE CLASSICAL STRUCTURAL EXPLANATION OF REPRESSIVE LAW ADVANCED BY THE SOCIOLOGIST EMILE DURKHEIM IS DESCRIBED AND SUBJECTED TO EMPIRICAL VERIFICATION WITH DATA DERIVED FROM THE CANADIAN CENSUS, PARLIAMENTARY REPORTS, AND PARLIAMENTARY BIOGRAPHIES. SOME IMPLICATIONS OF THIS STRUCTURAL VIEW OF REPRESSIVE LAW ARE ADVANCED. APPENDIXES DESCRIBE THE TECHNICAL DETAILS OF THE DATA USED IN THE STUDY AND THE METHODS OF ANALYSIS AND PROVIDE A STATISTICAL COMPARISON OF THOSE CONVICTED MURDERERS WHO WERE EXECUTED AND THOSE WHOSE SENTENCES WERE COMMUTED DURING THE LAST 20 YEARS THE DEATH PENALTY WAS ACTUALLY USED IN CANADA. A NAME AND SUBJECT INDEX IS INCLUDED. (DS)