NCJ Number
11126
Date Published
1973
Length
8 pages
Annotation
THE DEATH PENALTY IS VIEWED AS A DETERRENT THAT HAS NOT BEEN, AND CAN NOT BE ARBITRARILY APPLIED WITHIN PRESENT STATE LAWS AND PROCEDURES.
Abstract
THE MINORITY REPORT TAKES THE POSITION THAT THE DETERRENT VALUE OF CAPITAL PUNISHMENT CAN BE NEITHER PROVED OR DISPROVED BY STATISTICS. IT NOTES THAT THE TOTAL NUMBER OF PEOPLE WHO DO NOT KILL BECAUSE OF FEAR IS NEVER KNOWN AND CITES THE EXPERIENCES OF LAW ENFORCEMENT OFFICIALS WITH OFFENDERS WHO HAD BEEN DETERRED BY A POSSIBLE IMPOSITION OF THE DEATH PENALTY. STATISTICS WHICH INDICATE NO DIFFERENCE BETWEEN THE RACES IN PAST IMPOSITIONS ARE PRESENTED AND THE JUDICIAL AND EXTRAJUDICIAL REVIEWING PROCEDURES ARE REVIEWED. THE MINORITY RECOMMENDS A MANDATORY DEATH SENTENCE IN THE CASE OF SECOND MURDERS AND IN OTHER SPECIFIC INSTANCES.