NCJ Number
63759
Date Published
1979
Length
22 pages
Annotation
THIS ESSAY EXAMINES THE ARGUMENTS WHICH SURROUND THE DEATH PENALTY, NOTES THE POSITION OF STATE LEGISLATURES, AND COMMENTS ON RULINGS BY THE SUPREME COURT.
Abstract
IT PRESENTS ARGUMENTS BOTH FOR AND AGAINST THE DEATH PENALTY, CONCLUDING THAT IF SAFEGUARDS ARE TAKEN TO PREVENT PREJUDICE IN THE IMPOSITION OF THE PENALTY, THE SUPREME COURT, IS IN AGREEMENT WITH ITS USE. THE ESSAY SUMMARIZES THE USE AND HISTORY OF THE DEATH PENALTY, AND LISTS THE MAJOR THEORETICAL REASONS FOR ITS USE. AN ANALYSIS OF THE UNITED STATES CODE INDICATES WHEN THE DEATH PENALTY CAN BE IMPOSED FOR WHICH FEDERAL CRIMES OF MILITARY PERSONNEL. THE ESSAY ALSO DISCUSSES THE STATE LEGISLATURES AND THE DEATH PENALTY, NOTING THE CRIMES OF MURDER WHICH JUSTIFY THE PENALTY, INCLUDING THE COMMITTED UNDER SUCH CIRCUMSTANCES AS MURDER FOR CONTRACT, MURDER BY ASSASSIN, MURDER DURING ARSON, RAPE, OR BURGLARY, MURDER WHICH RESULTS FROM A HIJACKING, AND OTHERS. THE SUPREME COURT ON THE DEATH PENALTY IS DISCUSSED IN LIGHT OF EIGHTH AMENDMENT CASES BEFORE THE COURT. THE ESSAY CONCLUDES WITH A SHORT DISCUSSION OF FREQUENTLY OVERLOOKED ISSUES IN THE DEBATE: THE EXTREME BRUTALITY BROUGHT FORTH BY MURDER, FACTORS OF RACE AND ABILITY TO PAY, AND THE DEPERSONALIZED NATURE OF A CRIMINAL TRIAL. DISCUSSION QUESTIONS AND NOTES ARE INCLUDED. (RFC)