Capital Punishment (From Criminology, P 479-494, 1991, Joseph F Sheley, ed.)

• NCJ Number: 150441
• Author(s): M D Smith
• Date Published: 1991
• Length: 16 pages
• Sale Source: Wadsworth Publishing Co
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Following a review of the history and current status of capital punishment in the United States, this chapter explores issues in the capital-punishment debate and summarizes the empirical evidence pertinent to these issues.

Abstract

In terms of crime-control tactics, the major death penalty issue is whether or not capital punishment deters criminal behavior. The issue is whether potential murderers are deterred from such crimes by the fact that convicted murderers are put to death. The empirical evidence reviewed in this chapter finds little support for the deterrence doctrine. Another significant issue in the capital- punishment debate is whether there is racial discrimination in the assignment of the death penalty. Executions were brought to a halt during one period when the U.S. Supreme Court held that the framing and implementation of a State death-penalty statute led to the disproportionate assignment of the death penalty to African-American offenders. Since that time States have rewritten their laws to satisfy the Supreme Court's standards for eliminating discriminatory and arbitrary death sentences. Although many believe the issue of discrimination in the use of the death penalty is no longer an issue, this chapter suggests that race still exists as a variable in death sentences; evidence is presented for this belief. In assessing the future of capital punishment, the author concludes that both courts and legislatures are disposed to maintain and promulgate capital punishment statutes. The current problem for such a position is the high number of death sentences imposed compared to the number of executions. This has created an unprecedented death-row population. To achieve a condition where the number of executions is sufficient to relieve death-row crowding, Cheatwood (1985) concludes that the rate of executions would have to be increased to a magnitude not seen in the United States in the 20th Century. This could precipitate a backlash against capital punishment, particularly if there were to be an execution of an offender later proven to be innocent. 2 tables