NCJ Number
117218
Date Published
1987
Length
6 pages
Annotation
This essay argues that extending the death penalty under military law and proposals to reinstate it under Federal law conflict with international standards, particularly Article 4(2) of the American Convention on Human Rights.
Abstract
Imposition of the death penalty under military law since the Supreme Court's 1972 Furman decision is reviewed, and Legislation passed in 1985 which extended the death penalty to military personnel convicted of espionage in peacetime is reviewed. The article examines the Air Piracy Act of 1974, the only new civilian death penalty legislation passed by Congress after 1972, and discusses several bills providing for revised death sentencing procedures introduced into but not enacted by Congress as of May 1986. Particular attention is given to S-239 introduced in January 1985 which extended the death penalty to several offenses to which it did not previously apply such as attempted assassination of the President. The Senate Judiciary Committee 1983 report on draft death penalty legislation is analyzed. Footnotes.