DEATH PENALTY AND THE INSANITY DEFENSE

• NCJ Number: 62556
• Author(s): H ZEISEL
• Date Published: 1978
• Length: 12 pages
• Corporate Author: University of Chicago
• Sale Source: William S Hein and Co, Inc
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. OCCASIONAL PAPERS - UNIVERSITY OF CHICAGO, LAW SCHOOL

Annotation

USING THE CASE HISTORY OF AN ALABAMA MULTIPLE MURDERER, THIS OCCASIONAL PAPER FOCUSES ON THE DILEMMA FACED BY JURIES WISHING TO PROTECT SOCIETY FROM MURDERS WHO ARE PROBABLY INSANE.

Abstract

T. WHISENHANT BURTALLY MURDERED FOUR WOMEN IN ALABAMA. AT THE TRIAL, THE JURY COULD ACQUIT THE DEFENDANT FOR INSANITY OR FIND HIM GUILTY AND IMPOSE THE DEATH PENALTY. THEY COULD NOT LESSEN THE CHARGE OR IMPOSE A DIFFERENT SENTENCE. SINCE THE COURT WITHHELD KNOWLEDGE OF WHAT SHOULD HAPPEN IF HE WERE ACQUITTED, THE JURY CONVICTED HIM TO PROTECT SOCIETY, ALTHOUGH SOME PSYCHIATRISTS TESTIFIED THAT HE WAS INSANE. AFTER SUCH A CONVICTION, ALABAMA LAW CALLS FOR A HEARING BEFORE THE TRIAL JUDGE, AFTER WHICH HE MUST DECIDE BETWEEN THE DEATH SENTENCE AND NONPAROLABLE LIFE IMPRISONMENT. AT THE SENTENCE HEARING, THE PROSECUTOR CALLED A LAW SCHOOL PROFESSOR AS A WITNESS. HIS TESTIMONY, REPRODUCED HEREIN, COMMENDS THE JURY FOR CONVICTING TO PROTECT SOCIETY, AS THE ONLY PRACTICAL VERDICT. THE SUPREME COURT HAS FOUND THAT THE DEATH SENTENCE CANNOT BE RETRIBUTIVE ALONE, BUT MUST BE RETRIBUTIVE AND DETERRENT. HOWEVER, SICK MURDERERS ARE NOT DETERRED BY DEATH SENTENCES. FOOTNOTES ARE INCLUDED. (PAP)