NCJ Number
103278
Date Published
1985
Length
111 pages
Annotation
S.239, a bill to establish constitutional procedures for the imposition of the death penalty for certain Federal offenses, provides for a bifurcated trial. A determination of guilt would be followed by a separate hearing to determine whether or not the death penalty should be imposed.
Abstract
Witnesses included a U.S. Senator, an Assistant U.S. Attorney General, and representatives of the American Civil Liberties Union, National Association of Criminal Defense Lawyers, Washington Legal Foundation, and Amesty International. Supporters of the proposed law argued that the death penalty is an effective deterrent and that society has the right and possibly the duty to rid itself of individuals who have committed especially harmful offenses. Opponents argued that innocent individuals mistakenly convicted might be executed, that the death penalty does not deter, and that it is the ultimate form of cruel and unusual punishment. One witness aruged that the proposed law contains many constitutional mistakes; another said that the law contains too many procedural safeguards.