EIGHTH ADMENDMENT CHALLENGES TO THE DEATH PENALTY - THE RELEVANCE OF INFORMED PUBLIC OPINION

• NCJ Number: 44821
• Journal: Vanderbilt Law Review Volume: 30 Issue: 5 Dated: (OCTOBER 1977) Pages: 1005-1030
• Author(s): C W THOMAS
• Date Published: 1977
• Length: 26 pages
• Corporate Author: Vanderbilt University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: THIS PAPER WAS PRESENTED TO THE SOUTHERN SOCIOLOGICAL SOCIETY, SECTION ON DEVIANCE AND SOCIAL CONTROL, ATLANTA, GEORGIA, APRIL 1, 1977.

Annotation

THE RELATIONSHIP BETWEEN RETRIBUTIVE AND UTILITARIAN SENTIMENTS AND THE ROLE OF THESE SENTIMENTS IN DETERMINING SUPPORT FOR CAPITAL PUNISHMENT ARE EXPLORED IN A SURVEY OF VIRGINIA HOUSEHOLDS.

Abstract

SURVEY DATA WERE OBTAINED DURING THE WINTER OF 1973-74 AS PART OF A LARGER RESEARCH PROJECT CONDUCTED IN THE NORFOLK, VA., STANDARD METROPOLITAN STATISTICAL AREA. COMPLETED QUESTIONNAIRES WERE RETURNED BY 3,334 CITIZENS, OR 46.12 PERCENT OF THOSE CONTACTED. THE QUESTIONNAIRE CONTAINED ITEMS DESIGNED TO MEASURE THE EXTENT OF RETRIBUTIVE SENTIMENT, I.E., THE BELIEF THAT PUNISHMENT OF THE GUILTY IS A MORAL IMPERATIVE; UTILITARIAN SENTIMENT, I.E., THE BELIEF THAT CAPITAL PUNISHMENT IS A DETERRENT; AND SUPPORT FOR CAPITAL PUNISHMENT. A SUBSTANTIAL PROPORTION OF THE SUBJECTS SUPPORTED THE RETENTION OF THE DEATH PENALTY FOR SOME KINDS OF CRIMINAL OFFENSES. MANY BELIEVED THAT SOCIETY HAS A MORAL OBLIGATION TO PUNISH CRIMINAL OFFENDERS, AND SUCH RETRIBUTIVE VIEWS CORRELATE SIGNIFICANTLY WITH SUPPORT FOR THE DEATH PENALTY. SIMILARLY, THOSE WHO HELD THAT PUNISHMENT IS AN EFFECTIVE DETERRENT WERE EVEN MORE LIKELY TO ENDORSE THE DEATH PENALTY. A POSITIVE CORRELATION BETWEEN RETRIBUTIVE AND UTILITARIAN SENTIMENTS INDICATES THAT THESE TWO PERSPECTIVES, RATHER THAN DIVIDING THE SAMPLE GROUP, ACTUALLY WERE COMPLEMENTARY IN THE MINDS OF THOSE WHO SUPPORTED CAPITAL PUNISHMENT. IMPLICATIONS OF THE FINDINGS FOR THE EVALUATION OF EIGHT AMENDMENT ATTACKS ON THE CONSTITUTIONALITY OF THE DEATH PENALTY ARE CONSIDERED. SUPPORTING DATA AND A REVIEW OF U.S. SUPREME COURT DECISIONS REGARDING THE DEATH PENALTY ARE INCLUDED. (LKM)