NCJ Number
63758
Date Published
1979
Length
23 pages
Annotation
THIS ESSAY CONSIDERS PUNISHMENT CRITERIA FOR CAPITAL PUNISHMENT AND CONCLUDES THAT THEY FAIL TO MEET THE IDEAL AND, THEREFORE, THAT CAPITAL PUNISHMENT SHOULD NOT BE PERMITTED.
Abstract
THE DIMENSIONS OF UNIFORMITY, CELERITY, CERTAINTY, CORRESPONDENCE, VISIBILITY, CONSISTENCY, AND IMPERSONALITY ARE AMONG THE CRITERIA FOR PUNISHMENT. THE DEATH PENALTY FAILS TO MEET THESE IDEAL CRITERIA. UNIFORMITY REFERS TO EQUAL LIABILITY UNDER THE LAW; CELERITY, TO THE SPEED WITH WHICH SENTENCE IS FOLLOWED BY EXECUTION. HOWEVER, CELERITY MAY BE INCOMPATIBLE WITH DUE PROCESS. CORRESPONDENCE, REFERS TO THE HYPOTHETICAL RELATIONSHIP BETWEEN THE SERIOUSNESS OF THE CRIME AND THE SEVERITY OF THE SANCTION. VISIBILITY REFERS TO THE SALIENCY OF PENALTIES FOR THE GENERAL PUBLIC AND FOR PAST AND POTENTIAL OFFENDERS. PUBLIC OPINION AND THE DEATH PENALTY ARE ENTAILED IN THE DIMENSION OF VISIBILITY AND THE EFFECT THE FUNCTION OF THE DEATH PENALTY AS A DETERRENT. ADDITIONAL ISSUES ADDRESSED BRIEFLY INCLUDE COST, ERROR, AND THE UNEQUAL VALUE OF LIFE. TABLES, DISCUSSION QUESTIONS AND EXTENSIVE NOTES ACCOMPANY THE TEXT. (RFC)