NCJ Number
54112
Date Published
Unknown
Length
9 pages
Annotation
A SYSTEM FOR SANCTIONS IS PROPOSED WHEREBY A LETHAL DEVICE WOULD BE ACTIVATED TO CAUSE DEATH ACCORDING TO A MEASURED PROBABILITY FOR EACH OFFENSE AND THE DEGREE OF GUILT ESTABLISHED UPON CONVICTION.
Abstract
THE SYSTEM OF SANCTIONS PROPOSED IS BASED UPON THE AUTHOR'S BELIEF THAT THE PRESENT PENAL SYSTEM IS 'INEQUITABLE, INEFFECTIVE, IRRATIONAL, AND TOO EXPENSIVE.' IT IS PROPOSED THAT EVERY PERSON CONVICTED OF A CRIMINAL OFFENSE BE SUBMITTED TO A RITUAL CONTACT WITH A LETHAL DEVICE (ELECTRIC CHAIR, HANGING, ETC.) WITH THE DEVICE BEING ACTIVATED TO CAUSE DEATH ACCORDING TO MEASURED PROBABILITIES SPECIFIED FOR EACH OFFENSE. IT IS DESCRIBED AS A FORMALIZED GAME OF 'RUSSIAN ROULETTE,' WITH THE FATAL 'BULLET' BEING FIRED AT A FREQUENCY BASED ON THE SEVERITY OF THE OFFENSE COMMITTED. THOSE NOT EXECUTED WOULD BE IMMEDIATELY RELEASED, WITHOUT FURTHER SANCTIONS OR COURT SUPERVISION. IN ORDER TO ALLOW FOR VARIATIONS IN PROVEN DEGREE OF GUILT BEYOND THE 'REASONABLE DOUBT' REQUIREMENT FOR CONVICTION, A WEIGHTED FACTOR WOULD BE INTRODUCED TO DETERMINE THE PROBABILITY OF EXECUTION FOR EACH OFFENSE CONVICTION AS FOLLOWS: (1) REALLY DEFINITELY GUILTY (ALMOST) (P GREATER THAN 99.9) FACTOR = 1.0; QUITE LIKELY TO BE GUILTY (P GREATER THAN 99.0) FACTOR = 0.5; AND MEASUREABLY BEYOND REASONABLE DOUBT (P GREATER THAN 95.0) FACTOR = 0.1. THESE FACTORS MEASURING DEGREE OF GUILT UPON WHICH CONVICTION IS BASED WOULD THEN BE MULTIPLIED BY THE PRESCRIBED PROBABILTY ATTACHED TO THE OFFENSE FOR WHICH CONVICTED. IT IS ALSO PROPOSED THAT DEGREES OF GUILT BE CUMULATIVELY DETERMINED FOR DEFENDANTS WHO ARE ACQUITTED FOR VARIOUS OFFENSES, SO THAT IT WOULD BE POSSIBLE IN A SERIES OF ACQUITTALS TO ACCUMULATE SUFFICIENT DEGREES OF CUMULATIVE GUILT TO BE DECLARED 'GUILTY.' THE PROBABILITY FOR EXECUTION WOULD BE DETERMINED BY USING THE MEAN PROBABILITY FOR EXECUTION FOR ALL THE OFFENSES FOR WHICH ACQUITTAL WAS RECEIVED UP UNTIL THE LEVEL OF 'GUILT' WAS REACHED. A PROCEDURE FOR PHASING OUT THE EXISTING PRISON SYSTEM IS BRIEFLY SUGGESTED. (RCB)