NCJ Number
14612
Date Published
1974
Length
517 pages
Annotation
EXAMINATION OF THE EXTENT TO WHICH THE DEATH PENALTY HAS SERVED ITS FUNCTIONS OF RETRIBUTION AND DETERRENCE.
Abstract
AS NEW DEATH ROW INMATES APPEAL THEIR CASES, THE COURTS AS WELL AS THE PUBLIC WILL HAVE ANOTHER CHANCE TO REVIEW THE EVIDENCE ON AMERICA'S EXPERIENCE WITH CAPITAL PUNISHMENT. THIS BOOK EXAMINES THE EXTENT TO WHICH THE DEATH PENALTY HAS SERVED ITS LEGALLY PRESCRIBED FUNCTIONS OF RETRIBUTION AND DETERRENCE AND CONSIDERS WHETHER IT CAN BE EXPECTED TO DO SO WITHIN THE CONSTRAINTS ON LEGAL PUNISHMENT SET BY OUR CONSTITUTION. THE FIRST CHAPTERS PROVIDE AN HISTORICAL PERSPECTIVE ON CAPITAL PUNISHMENT AND ITS USE OVER THE PAST CENTURY IN AMERICA AS REVEALED IN APPENDICES THAT CONTAIN AN INVENTORY OF THE MORE THAN 5,000 EXECUTIONS IMPOSED UNDER STATE AUTHORITY FROM 1864 THROUGH 1967. THE AUTHOR EXAMINES EVIDENCE OF THE DIFFERENTIAL TREATMENT OF BLACKS AND WHITES AND FOCUSES ON THE RACE OF OFFENDER AND VICTIM AS THEY HAVE AFFECTED THE IMPOSITION OF THE DEATH SENTENCE FOR RAPE. THE VARIOUS EXTRA-LEGAL FUNCTIONS OF CAPITAL PUNISHMENT - THE PROTECTION OF DOMINANT INTERESTS IN SOCIETY, THE OPPRESSION OF RACIAL AND ETHNIC MINORITIES, AND THE SEMBLANCE OF SECURITY AGAINST THE THREAT OF SERIOUS CRIME - ARE DISCUSSED. THE NEXT CHAPTERS DEAL WITH THE QUESTION OF DETERRENCE AND NOTE THE EFFECTS OF THE FIVE YEAR EXPERIMENTAL ABOLITION OF THE DEATH PENALTY IN CANADA AS WELL AS THE RECENT U.S. MORATORIUM ON EXECUTIONS. BASED ON THIS DATA, THE PROBABLE MINIMUM DETERRENT EFFECTS OF A MANDATORY DEATH SENTENCE ARE NOTED. THE CONCLUDING CHAPTER TAKES A BROADLY HISTORICAL AND COMPARATIVE VIEW OF CAPITAL PUNISHMENT INCLUDING THE HISTORY OF ITS USE IN THE WESTERN WORLD AND ITS ABOLITION AND ABANDONMENT IN RECENT TIMES AMONG MOST NATIONS OF THE WORLD. APPENDICES ALSO CONTAIN A COMPREHENSIVE BIBLIOGRAPHY. (SNI ABSTRACT)