NCJ Number
42342
Date Published
1977
Length
185 pages
Annotation
THIS BOOK IS A CRITICAL ANALYSIS OF CAPITAL PUNISHMENT AND A LEGAL, SOCIAL, AND PHILOSOPHICAL ARGUMENT FOR ITS ABOLITION. BEDAU, A LONG-TIME OPPONENT OF THE DEATH PENALTY, EMPIRICALLY ATTACKS THE CONCEPT OF DETERRENCE.
Abstract
CITING DEMOGRAPHIC STATISTICS OF DEATH ROW INMATES AND THOSE EXECUTED SINCE 1960, BEDAU CONCLUDES THAT THE DEATH PENALTY HAS BEEN ADMINISTERED IN A DISCRIMINATORY MANNER, WITH THE POOR, UNEDUCATED, AND MINORITY DEFENDANTS RECEIVING A DISPROPORTIONATE SHARE OF THE DEATH SENTENCES. THIS BIASED ADMINISTRATION CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT, BEDAU FEELS. THE BOOK ALSO DEALS WITH CAPITAL PUNISHMENT FROM A JUDICIAL AND CONSTITUTIONAL PERSPECTIVE, EXPLORING THE DILEMMA OF FINDING AN IMPARTIAL JURY, THE ISSUE OF EQUAL PROTECTION OF THE LAWS, THE CONCEPT OF DUE PROCESS, THE INTERPRETATIONS OF CRUEL AND UNUSUAL PUNISHMENT, THE RIGHT TO LIFE, AND PERTINENT U.S. SUPREME COURT CASES. PHILOSOPHICAL AND UTILITARIAN ARGUMENTS IN FAVOR OF CAPITAL PUNISHMENT ARE ANALYZED AND CRITICIZED, ESPECIALLY ON THE ISSUE OF DETERRENCE. THE LAWS AND PRACTICES OF THE INDIVIDUAL STATES CONCERNING THE DEATH PENALTY ARE REVIEWED AND THE TOPICS OF PUBLIC OPINION, LEGISLATIVE REFORM, AND MISCARRIAGES OF JUSTICE ARE DISCUSSED. THE U.S. SUPREME COURT DECISIONS OF FURMAN V. GEORGIA (1972) AND GREGG V. GEORGIA (1976) ARE ANALYZED EXTENSIVELY AND BEDAU COMMENTS ON THE GARY GILMORE EXECUTION IN 1977....MSP