NCJ Number
25575
Journal
Barrister Volume: 1 Issue: 4 Dated: (FALL 1974) Pages: 10-13,58-59
Date Published
1974
Length
6 pages
Annotation
THE AUTHOR ARGUES THAT INDIVIDUALS ARE SOMETIMES MORALLY JUSTIFIED IN TAKING HUMAN LIFE AND THAT THE LAWS OF THE STATE OUGHT BOTH TO RECOGNIZE THESE RIGHTS AND TO GIVE OFFICIAL SANCTION TO THEM BY INSTITUTIONALIZING THEM.
Abstract
TO SUPPORT THIS STAND, HE SUMMARIZES, CRITISIZES, AND THEN REJECTS THE PRINCIPAL ARGUMENTS EMPLOYED BY THE FIVE TO FOUR MAJORITY IN THE 1972 SUPREME COURT CASE OF FURMAN V. GEORGIA (THE DEATH PENALTY AS APPLIED IS UNCONSTITUTIONAL DUE TO LACK OF EQUAL PROTECTION). CONSIDERED ARE THE ARGUMENTS THAT BLACKS AND THE POOR ARE DISPROPORTIONATELY EXECUTED; THAT JURIES HAVE BEEN ARBITRARY, CAPRICIOUS, AND DISCRIMINATORY IN THEIR APPLICATION OF THE DEATH PENALTY; THAT THERE IS NO EVIDENCE OF THE DETERRENT VALUE OF CAPITAL PUNISHMENT; THAT ANY POSSIBLE DETERRENT VALUE IS COST DUE TO LONG DELAYS IN EXECUTING THE PENALTYS AND THAT THE DEATH PENALTY CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT.