NCJ Number
106937
Journal
New England Journal on Criminal and Civil Confinement Volume: 13 Issue: 1 Dated: (Winter 1987) Pages: 1-9
Date Published
1987
Length
9 pages
Annotation
Capital punishment is a necessary symbolic sanction needed to express society's abhorrence for heinous crimes.
Abstract
Socrates, even on the eve of his execution, argued that the state is correct when, in its best judgment and within the bounds of measured justice it declares on principle, 'We think right to destroy you.' Opponents of capital punishment have argued that it is disproportionately applied to black persons and that it can constitute irreversible error when innocent persons are convicted. There is no current empirical evidence that capital punishment is racially discriminatory, and the thoroughness with which capital cases are defended makes it highly unlikely that an innocent person will be executed. Critics of the death penalty are wrong in asserting that the felony murder rule is a narrow and highly restrictive rule which eliminates the need for the state to prove that the defendant's acts proximately caused the victim's death. Death penalty critics have also misinterpreted the postconviction, presentencing procedure in capital offense cases, when relevant aggravating and mitigating factors are considered.