NCJ Number
26369
Journal
American Journal of Orthopsychiatry Volume: 45 Issue: 4 Dated: (JULY 1975) Pages: 581-595
Date Published
1975
Length
15 pages
Annotation
THIS PAPER EXAMINES THE PROBABLE ROLE OF SOCIAL SCIENCE DATA IN DETERMINING THE LEGAL VALIDITY OF CAPITAL PUNISHMENT, DRAWING ON APPROACHES ALREADY UTILIZED BY THE SUPREME COURT IN ITS 1972 DECISION IN FURMAN V. GEORGIA.
Abstract
UNDER THE DOCTRINE ACCEPTED IN THE FURMAN V. GEORGIA DECISION AND EARLIER EIGHTH AMENDMENT CASES, THE CONSTITUTIONALITY OF THE NEW STATUTES WILL BE DETERMINED BY TESTING THEM AGAINST 'OUR EVOLVING STANDARDS OF DECENCY.' THE COURT INDICATED IN FURMAN THAT THIS TESTING WILL INCLUDE AN EXAMINATION OF EMPIRICAL MATERIAL DRAWN FROM THE SOCIAL SCIENCES. TO INVESTIGATE THE ROLE OF EMPIRICAL DATA IN RESOLVING THE CONSTITUTIONALITY OF NEW STATURES, THIS ARTICLE 1) EXAMINES THE USE OF EMPIRICAL DATA MADE BY THE JUSTICES IN THE FURMAN DECISION TO ANALYZE THE DEATH PENALTY'S APPLICATION AND EFFECTIVENESS AS A DETERRENT; 2) DISCUSSES THE PROBABLE ROLE OF THE SOCIAL SCIENCES IN DETERMINING WHETHER NEW CAPITAL PUNISHMENT STATUTES ARE VALID, USING THE RATIONALE APPLIED IN FURMAN: AND 3) EXPLORES THE ROLE OF SOCIAL SCIENCES IN RESOLVING SUCH ISSUES AS THE ADEQUACY OF PROCEDURAL SAFEGUARDS UNDER A NEW CAPITAL PUNISHMENT STATURE AND THE CONSTITUTIONALITY OF THE DEATH PENALTY PER SE.