NCJ Number
12477
Date Published
1972
Length
40 pages
Annotation
EXAMINES THE PROS AND CONS OF CAPITAL PUNISHMENT THROUGH AN ANALYSIS OF THE FURMAN DECISION, WITH THE CONCLUSION THAT LEGAL RATIONALIZATION IS NOT COMPELLING TO EITHER SIDE AND MASKS PERSONAL VALUE JUDGMENTS.
Abstract
THE SUPREME COURT'S DECISION THAT CAPITAL PUNISHMENT CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE 8TH AND 14TH AMENDMENTS IS CONSIDERED WEAK ON THE BASIS OF THE FIVE OPINIONS OF THE MAJORITY, NO TWO OF WHICH SHARED UNIFORM REASONING. THE DECISION AS TO WHAT CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT IS DEEMED IN ITSELF A RELATIVE VALUE JUDGMENT. ARGUMENTS OF THOSE FAVORING RETENTION OF CAPITAL PUNISHMENT ARE LIKEWISE CRITICIZED AS LACKING IN PERSUASIVE LEGAL OR SOCIOLOGICAL BASES. IT IS JUDGED THAT STUDIES PURPORTING TO DETERMINE THE DETERRENT EFFECT OF CAPITAL PUNISHMENT FAIL TO ESTABLISH AN OBVIOUS CONNECTION BETWEEN THE HOMICIDE RATE IN A STATE AND THE PRESENCE OR ABSENCE OF THE DEATH PENALTY IN THAT STATE.