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Comment: The Crucial Issue in Making Death Penalty Policy

NCJ Number
114421
Journal
Criminal Justice Review Volume: 12 Issue: 2 Dated: (Fall 1987) Pages: 35-38
Author(s)
D A Shively
Date Published
1987
Length
4 pages
Annotation
The long-standing debate in the United States over the establishment of death penalty policy suggests a deep collective ambivalence toward the issue.
Abstract
The most prevalent arguments have supported the deterrence position, but another popular explanation has focused on the goal of incapacitation. Moreover, a good deal of attention has been directed toward the rational of retribution, which may be defined as the symbolic expression of moral outrage, or a form of collective and legitimate justice. This article discusses the posited definition of retribution and its implications for death penalty legislation. Included in the discussion are issues such as harm, value responses, public perception, freedom or loss of freedom, restitution and rehabilitation, restrictions, individual choice and suicide, public education, and finality and leadership. 24 references.

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