NCJ Number
144455
Journal
Journal of Criminal Law and Criminology Volume: 83 Issue: 3 Dated: (Fall 1992) Pages: 538-576
Date Published
1992
Length
39 pages
Annotation
The conditions contributing to the abolition and subsequent reinstatement of capital punishment in several States at or near the turn of the century were examined.
Abstract
During the years preceding World War II, 10 States abolished capital punishment. By the end of the 1930s, eight of these states had reinstated the death penalty. The social context and the nature of individual support in each State were considered in an effort to find the motivating factors. The populations of these States were mainly homogeneous. Only two had populations with more than 5 percent minorities. The number of murders and the number of executions in the year prior to abolition varied greatly from State to State. A common factor, however, appears to be that the governor, the press, or a very prominent citizen supported, and in some cases was the primary proponent of, changing the laws. In the one State where there was no evidence of such support, neither was there evidence of any significant opposition by any individual or group. Most abolition laws were passed during an economic boom period when the convict pool could be exploited as a source of labor. Interestingly, it was during the economic downturn following World War II that eight of the States reinstated capital punishment. Another factor that was found to be significant in this reinstatement was the fear that lynchings would increase as otherwise law-abiding citizens attempted to take the law into their own hands. Statements by convicted murderers to the effect that they might not have committed their crimes if the threat of punishment by death had existed also incited legislators to move for the reinstatement of the death penalty. 1 table