NCJ Number
100544
Journal
New England Journal on Criminal and Civil Confinement Volume: 11 Issue: 2 Dated: (Summer 1985) Pages: 267-327
Date Published
1985
Length
61 pages
Annotation
This article considers the constitutionality of legislation mandating the automatic execution of life-term (without parole) inmates convicted for a murder in prison.
Abstract
The analysis considers the value of using social science research to assist appellate courts in resolving legal issues. The argument that unique needs for deterrence, incapacitation, and retribution justify the mandatory execution of all life-term inmates convicted of murder can be debated upon premises that range from the factual and logical to those grounded in moral or value judgments. Scientific research findings have little relevance to judgments founded on value choices rather than facts. Social science research contributes to that 'middle range' of inquiry between value judgments beyond the reach of empirical inquiry and factual statements too obvious to require empirical confirmation. This middle range of inquiry exists for debates associated with the deterrence, incapacitation, and retribution value of mandatory execution for life-term inmates who murder in prison. Such inquiry should be considered in an appellate court's deliberations on this issue. 127 footnotes.