NCJ Number
45527
Editor(s)
I ISENBERG
Date Published
1977
Length
161 pages
Annotation
ISSUES CENTRAL TO THE DEBATE ON THE DEATH PENALTY AND CAPITAL PUNISHMENT ARE EXAMINED IN A COLLECTION OF RELEVANT DOCUMENTS.
Abstract
THIS COLLECTION IS DIVIDED INTO FOUR MAJOR SECTIONS -- CAPITAL PUNISHMENT PAST AND PRESENT, CRIMINALS AND THE LAW, THE STATE AS EXECUTIONER, AND LIFE OR DEATH. EACH MAJOR AREA IS THEN SUBDIVIDED BY THE INDIVIDUAL ARTICLES. UNDER CAPITAL PUNISHMENT PAST AND PRESENT, A WORLD SURVEY OF THE DEATH PENALTY AS OF 1971 IS PRESENTED. THS HISTORY OF CAPITAL PUNISHMENT IN THE UNITED STATES AND THE IMPORTANCE OF THE CASE OF FURMAN V. GEORGIA (1972) AS A DECISION WHICH WOULD HOPEFULLY END CAPITAL PUNISHMENT ARE STRESSED. THE ORIGINS OF THE DEATH PENALTY IN ENGLISH LAW ARE TRACED ALONG WITH THE PROGRESSION OF THE PENALTY AND THE DRASTIC CHANGES IN THE TYPES OF CRIME PUNISHABLE BY IT. THE FINAL ARTICLE IN THIS PART EMPHASIZES THE VALUE OF HUMAN LIFE AND QUESTIONS WHY WE ARE NOT MORE CONCERNED ABOUT THE OTHER KILLINGS OF WAR AND NEGLIGENCE. CRIMINALS AND THE LAW ARE DESCRIBED IN THE NEXT MAJOR SECTION. ARTICLES INCLUDE (1) THE EMOTIONS AND REACTIONS OF FIVE MEN SENTENCED TO DEATH; (2) A DESCRIPTION OF THE ACTIVITIES OF THE SOUTHERN COALITION ON JAILS AND PRISONS; (3) THE SUPREME COURT'S RULING ON THE DEATH PENALTY IN 1976, WHEREIN EXECUTION DOES NOT NECESSARILY CONSTITUTE CRUEL AND UNUSUAL PUNISHMENT; (4) A LEGAL VIEWPOINT ON THE SUPREME COURT DECISIONS; AND (5) POLITICAL TERRORISM AND THE DEATH PENALTY, (E.G., THE BRITISH AND IRISH REPUBLICAN ARMY). THE FOCUS MOVES NEXT TO THE STATE AS EXECUTIONER, WITH TWO ARTICLES ON THE GARY GILMORE EXECUTION -- ONE A NEWS REPORT OF THE ACTUAL EXECTUION, AND THE OTHER A PROFILE OF GILMORE. THE CONTROVERSY OVER THE ELECTRIC CHAIR AND THE USE OF IT IS ANALYZED. SOME HISTORICAL EVENTS LEADING TO EXECUTIONS ARE TRACED, WITH EMPHASIS ON THE JOHN BROWN AND JOE HILL CASES. THE FINAL SECTION DEALS WITH ARGUMENTS FOR AND AGAINST CAPITAL PUNISHMENT. THOSE PERSONS AGAINST THE DEATH PENALTY INCLUDE FORMER SUPREME COURT JUSTICE ABE FORTAS, WHO CLAIMS THAT IT DEGRADES AND BRUTALIZES OUR CIVILIZATION, AND FORMER ATTORNEY GENERAL RAMSEY CLARK, WHO STRESSES REHABILITATION AS OPPOSED TO THE DETERRENT EFFECTS OF CAPITAL PUNISHMENT. ARGUMENTS FOR IT CITE THE CONCERN FOR HUMAN LIFE (THAT OF THE VICTIM), AND THE THEORY THAT IF CAPITAL PUNISHMENT WERE A CERTAIN RESULT OF A MURDER CONVICTION, SOCIETY WOULD BENEFIT. A QUESTION AND ANSWER DEBATE FOLLOWS; POINTS RAISED INCLUDE DISCRIMINATORY APPLICATION, DETERRENT EFFECT, AND CRUEL AND UNUSUAL PUNISHMENT. THE FINAL ARGUMENTS ARE THAT DETERRENCE IS NOT A SUFFICIENT REASON TO EXECUTE A CRIMINAL, AND THAT IT MAY NOT ACTUALLY BE JUSTICE. BIBLIOGRAPHICAL NOTES ARE INCLUDED. (BAC)