NCJ Number
86278
Journal
Yale Law Journal Volume: 91 Issue: 5 Dated: (April 1982) Pages: 908-936
Date Published
1982
Length
29 pages
Annotation
An examination of the pattern of death sentences over the past 15 years concluded that the current system cannot serve the purported goals of capital punishment -- deterrence and retribution -- but will probably continue in a substantially unchanged form.
Abstract
More than 2,000 capital sentences have been imposed over the last 15 years, but only 4 persons have been executed. The capital convicting and sentencing process has become extremely careful to avoid executing those who are innocent or who deserve some sentences other than death. A large number of nullified convictions and sentences have resulted from such care. Over 1,000 prisoners who have been sentenced to death are now or soon will be litigating their sentences or convictions on appeal or in postappellate proceedings. Such a system cannot serve the goals of capital punishment. In addition, the death penalty cannot be administered evenhandedly in such a system, as shown by exceedingly aberrant selection of those who have been executed. Nevertheless, the commitment to keep the death penalty and the reluctance to use it are both too great for change to occur. Eventually, however, it will become clear that no way exists to make a capital punishment system work. Only a complete revision of the current legal and political system would make it possible to actually use capital punishment at a rate that would make it workable. The other solution to the current dilemma would be to abolish capital punishment. It is impossible to fashion an acceptable method of administering capital punishment while maintaining our constitutional system of rights. A total of 122 reference notes and an appendix presenting data tables are included.