NCJ Number
43993
Journal
Criminal Law Bulletin Volume: 14 Issue: 1 Dated: (JANUARY-FEBRUARY 1978) Pages: 18-33
Date Published
1978
Length
16 pages
Annotation
THE INFLUENCE OF SOCIOLOGICAL THEORY AND RESEARCH ON JUDICIAL ATTITUDES CONCERNING CAPITAL PUNISHMENT IS EXAMINED.
Abstract
THE DISCUSSION OPENS WITH COMMENTS ON THE RELATIONSHIP OF RETRIBUTION TO THE DEATH PENALTY AND ON THE CONCEPT OF SYSTEM FAILURE AS A SOCIOPHILOSOPHICAL ARGUMENT AGAINST THE DEATH PENALTY. SHORTCOMINGS IN THE RATIONAL LOGIC FOR RETAINING THE DEATH PENALTY AS PUNISHMENT FOR KILLING ARE POINTED OUT, AS ARE PHILOSOPHIC ARGUMENTS FOR THE GREATER DETERRENT EFFECT OF IMPRISONMENT, AS OPPOSED TO EXECUTION. SYSTEM FAILURE ARGUMENTS CONCERN BOTH THE SOCIAL SYSTEM AND THE CRIMINAL JUSTICE SYSTEM. FAILURE OF THE SOCIAL SYSTEM TO ADEQUATELY SOCIALIZE ITS CITIZENS IS SAID TO REMOVE THE STATE'S RIGHTS TO TAKE THE LIVES OF ITS FAILED CITIZENS WHO COMMIT MURDER. FAILURE OF THE CRIMINAL JUSTICE SYSTEM TO CAPTURE ALL OFFENDERS RESULTS IN 'EXECUTION OF THE FEW,' SAID TO REPRESENT AN INEQUITY FOR ALL. A REVIEW OF JUDICIAL DECISIONS REGARDING THE DEATH PENALTY INDICATES THE INCREASED ROLE OF BEHAVIORAL RESEARCH IN THE FIELD AND A DEGREE OF RESPONSIVENESS TO THAT RESEARCH ON THE PART OF SOME JUDGES. DEATH PENALTY ARGUMENTS BASED ON LOGIC ALONE AND ON STATISTICAL EVIDENCE APPEAR TO STAND IN EQUAL STEAD. IT IS POINTED OUT THAT THE USE OF SOCIAL SCIENCE RESEARCH BY THE SUPREME COURT WAS AT A MINIMUM IN THE COURT'S 1976 DEATH PENALTY DECISIONS.