NCJ Number
47071
Journal
NATURAL HISTORY Volume: 87 Issue: 5 Dated: (MAY 1978) Pages: 51-67
Date Published
1978
Length
17 pages
Annotation
ARGUMENTS FOR AND AGAINST CAPITAL PUNISHMENT ARE EXAMINED; THE INHUMANITY INVOLVED IN CARRYING OUT AN EXECUTION IS REALISTICALLY DETAILED; AND MORE HUMANE ALTERNATIVES ARE DISCUSSED.
Abstract
AN EXAMINATION OF ARGUMENTS FOR AND AGAINST CAPTIAL PUNISHMENT IS PRESENTED. IN GENERAL, THE AVAILABLE EVIDENCE SUPPORTS OPPONENTS OF THE DEATH PENALTY. CAPITAL PUNISHMENT DOES NOT ACT AS A DETERRENT. THE GREAT MAJORITY OF MURDERS ARE CRIMES OF PASSION AND UNLIKELY TO BE REPEATED BY THE OFFENDER. CAPITAL PUNISHMENT IS NOT A MORAL COMMITMENT; EVEN THE CHURCHES ARGUE AGAINST IT. GIVEN THE HIGH COSTS OF CAPITAL OFFENSE TRIALS AND MULTIPLE APPEALS, EXECUTION IS NOT NECESSARILY MORE ECONOMICAL. IT IS NOT DEMONSTRABLY KINDER THAN LIFE IMPRISONMENT. CONDEMNED OFFENDERS ARE NOT NECESSARILY BEYOND REHABILITATION. THERE ARE ALTERNATIVES TO EXECUTION WHICH MAY BE EQUALLY EFFECTIVE AND ECONOMICAL. IN ADDITION THERE ARE TWO IRREFUTABLE ARGUMENTS AGAINST CAPITAL PUNISHMENT: THE POSSIBILITY OF A MISTAKEN CONVICTION AND WRONGFUL EXECUTION, AND THE CAPRICIOUS AND SELECTIVE NATURE OF THE CRIMINAL JUSTICE PROCESS IN DETERMINING GUILT AND SENTENCING. AN EXAMINATION OF THE TECHNOLOGIES USED IN CARRYING OUT CAPITAL PUNISHMENT IS PRESENTED IN DETAIL. HANGING, GASSING, ELECTROCUTION, AND SHOOTING ARE ALL BARBARIC AND BRUTAL. THEY DISFIGURE NOT ONLY THE BODY OF THE VICTIM BUT THE MINDS AND SPIRITS OF ALL IN CONTACT WITH THE VICTIM AND THE PROCESS OF EXECUTION. CAPITAL PUNISHMENT SUCCEEDS ONLY IN DISPOSING OF A LIMITED NUMBER PEOPLE AT GREAT FINANCIAL, PHYSICAL, MORAL, AND SPIRITUAL COST TO THE SOCIETY AND ALL IN IT. AN EXAMINATION OF OTHER CULTURES SUGGESTS SOME POSSIBLE ALTERNATIVES TO CAPITAL PUNISHMENT. IN OTHER SOCIETIES, THE FOCUS IS NOT SO MUCH ON THE ACT ITSELF BUT ON THE MOTIVATIONS AND CIRCUMSTANCES OF THE ACT AND ITS IMPLICATIONS FOR SOCIETY AS A WHOLE; IN DETERMINING PUNISHMENT, THE EMPHASIS IS ON RESTITUTION RATHER THAN RETRIBUTION. FOR INSTANCE, WHILE THE MURDERER CAN NOT REPAY AN INDIVIDUAL FOR THE LIFE TAKEN, HE CAN FULFIL THAT INDIVIDUAL'S SOCIAL OBLIGATIONS TO FAMILY AND TO SOCIETY. FOR CRIMINALS WHO CAN NOT BE SAFELY RETURNED TO THE OUTSIDE WORLD, OPPORTUNITIES FOR GAINFUL EMPLOYMENT COULD BE PROVIDED. FROM THE INMATE'S EARNINGS DEDUCTIONS WOULD BE MADE FOR ROOM AND BOARD, SUPPORT OF THE OFFENDER'S FAMILY, AND RESTITUTION TO VICTIMS AND/OR THEIR FAMILIES. RESTITUTION PROGRAMS IMPLEMENTED IN SOME STATES HAVE DEMONSTRATED THAT SUCH A SCHEME IS POSSIBLE AND RESULTS IN LOWER COSTS TO THE STATE AND LOWER RATES OF RECIDIVISM. (JAP) RESULTS IN LOWER COSTS TO THE STATE AND LOWER RATES OF RECIDIVISM. (JAP)