PSYCHIATRIC REFLECTIONS ON THE DEATH PENALTY (FROM CAPITAL PUNISHMENT IN THE UNITED STATES, 1976, BY HUGO A BEDAU AND CHESTER M PIERCE - SEE NCJ-46351)

• NCJ Number: 46361
• Author(s): L J WEST
• Date Published: 1976
• Length: 13 pages
• Corporate Author: American Orthopsychiatric Assoc, Inc
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINT FROM AMERICAN JOURNAL OF ORTHOPSYCHIATRY, V 45, N 4 (JULY 1975), P 689-700

Annotation

PERSONAL EXPERIENCE WITH AN EXECUTION IN 1952 LED THIS PSYCHIATRIST TO DEVELOP 10 REASONS WHY DEATH PENALTIES SHOULD BE ABOLISHED TOGETHER WITH REASONS WHY PEOPLE STILL FAVOR CAPITAL PUNISHMENT.

Abstract

FOLLOWING DIRECT EXPERIENCE WITH THE HANGING OF EDWARD J. BECKWITH IN IOWA IN 1952, A SEARCH FOR INFORMATION BEGAN. THE RESULT HAS BEEN A LIST OF 10 REASONS WHY THE DEATH PENALTY SHOULD BE ABOLISHED. THE FIRST IS THAT THE DEATH PENALTY IS OUTDATED. LONG BEFORE THE SUPREME COURT DECISION IN FURMAN V. GEORGIA, EXECUTIONS WERE STEADILY DECLINING IN NUMBER AND A DE FACTOR ABOLITION WAS RAPIDLY TAKING PLACE. AT THE TIME OF THE FURMAN DECISION 13 STATES HAD ABOLISHED THE DEATH PENALTY. SOME OF THESE HAD ABOLISHED IT AS LONG AS 100 YEARS AGO WITH NO HARMFUL EFFECTS. THE SECOND IS THAT THE DEATH PENALTY IS IMMORAL. THE THIRD IS THAT IT IS ECONOMICALLY EXPENSIVE. THE COST OF THE APPARATUS AND THE MAINTENANCE OF LEGAL PROCEDURES ATTENDING THE DEATH PENALTY FAR OUTWEIGHS THE COST OF MAINTAINING IN PRISON THE SMALL NUMBER OF CRIMINALS WHO WOULD OTHERWISE BE SLAIN. THE CHESSMAN CASE COST CALIFORNIA MORE THAN $500,000. THE COST OF OTHER CASES HAS APPROACHED $1 MILLION. THE DEATH PENALTY IS CRUEL. ONLY THE CONDEMNED PRISONER IS SUBJECTED TO THE AGONY OF PROLONGED WAITING, THE HOPES OF APPEALS, AND YEARS OF UNCERTAINTY. IT IS ALSO BRUTAL. SIXTH, IT IS UNFAIRLY APPLIED WITH THE POOR AND MINORITIES RECEIVING THE MAJORITY OF DEATH SENTENCES. THE SEVENTH POINT IS THAT THE DEATH PENALTY IS IRREVOCABLE AND IN THE LAST 100 YEARS MORE THAN 75 CASES OF DOCUMENTED WRONGFUL CONVICTION OF CRIMINAL HOMICIDE HAVE OCCURRED. TWO STATES WERE SHOCKED INTO ABOLISHING THE DEATH PENALTY AFTER MISTAKEN EXECUTIONS WERE DISCOVERED. POINT EIGHT IS THAT CAPITAL PUNISHMENT INHIBITS GENERAL CRIMINAL REFORM AND POINT NINE IS THAT IT IS USELESS AS A DETERRENT. THE LAST POINT IS THAT CAPITAL PUNISHMENT GIVES SOCIETY A FALSE SENSE OF SECURITY. INSTEAD OF INSISTING ON IMPROVED SENTENCING AND PAROLE PROCEDURES TO PROTECT THE PUBLIC FROM THOSE WHO ARE LIKELY TO COMMIT FUTURE CRIMES, THE FALSE BELIEF THAT MURDERERS WILL BE EXECUTED LEADS TO APATHY. IT IS HYPOTHESIZED THAT PEOPLE STILL FAVOR THE DEATH PENALTY BECAUSE THEY NEED A RITUALISTIC SCAPEGOAT, A SYMBOLIC SACRIFICE TO DRAIN AWAY THE SINS OF SOCIETY. COURAGEOUS LEADERS ARE NEEDED TO COUNTERACT THIS PRIMITIVE FEELING. THE MEDICAL PROFESSION IS URGED TO TAKE A LEADERSHIP ROLE IN RATIONAL ASSESSMENT OF THE DEATH PENALTY. REFERENCES ARE PROVIDED. (GLR)