NCJ Number
103717
Date Published
1986
Length
92 pages
Annotation
After tracing historical uses of capital punishment, this book reviews theories of crime causes, identifies factors that affect criminal case outcomes, outlines the pros and cons of the death penalty, and critiques U.S. Supreme Court decisions pertinent to the use of capital punishment.
Abstract
The historical perspective examines the origins of capital punishment in early history, follows its use in England prior to the 18th century, and discusses its use in America from colonial times to 1986, noting its increased use after its cessation for 10 years prior to Gilmore's execution in 1977. The review of crime cause capital punishment as a rational response to crime. Among the theories considered are those dealing with biological, psychological, sociological, and economic crime factors. Criminal case processing is shown to be subject to bias at certain points of discretionary decisionmaking, e.g., that exercised by prosecutors, defense attorneys, and juries. Arguments for capital punishment include deterrence for serious crimes and the justice requirement. Arguments against capital punishment include lack of deterrent value, irreversibility should the defendant later be found innocent, cruel and unusual punishment, and its arbitrary use. U.S. Supreme Court decisions regarding capital punishment are shown to be ambivalent and confusing, reflecting the changing values of the Court's political appointees. 13-item bibliography and subject index.