NCJ Number
93781
Date Published
1984
Length
632 pages
Annotation
After examining America's experience with capital punishment during the century prior to the 'Furman' decision (1972), this book presents and analyzes recent factual evidence pertaining to the fairness, utility, and adherence to contemporary values of States' post-Furman capital punishment statutes.
Abstract
The discussion begins with a review of the historical struggle over the availability and use of capital punishment in the United States. In considering the fairness of its application, the inventory of executions is examined for information on race, age at execution, appeals prior to execution, and crimes for which offenders were executed. The text examines how homicide rates were affected by the movement of States from the mandatory to the discretionary imposition of death sentences and by the unprecedented national moratorium on executions that began in 1967. Part One ends with a review of historical and cross-national data suggesting that the death penalty exists essentially for the extralegal function it serves, a conclusion that challenges the Supreme Court's judgment that the unfairness found unconstitutional in 'Furman' might be remedied by statutory reforms. Part Two evaluates America's efforts to impose the death penalty fairly in the decade after 'Furman' and adds to the evidence of the death penalty's effect on the incidence of homicides. The discussion reviews the history of capital punishment since 'Furman,' tracing the enactment and alterations of new capital statutes and the imposition of death sentences by State through 1982. The issue of fairness is considered by using data from the States responsible for most of the death sentences in the first 5 years after 'Furman.' Regarding the issue of deterrence the short-term effects of executions are examined using data on the incidence of homicides in the months immediately following an execution. Attention is given to the research of Isaac Ehrlich, which claims to demonstrate the deterrent effect of the death penalty. According to the author, the results of Ehrlich's research actually indicate a brutalizing effect--i.e., that executions stimulate the behavior they are supposed to deter. The appendixes provide inventories on executions under State authority as well as legislative and judicial actions on capital punishment since 'Furman.' Tables, footnotes, 880 references, and a subject index are provided.