STATEMENT OF HUGO ADAM BEDAU (FROM SENTENCING IN CAPITAL CASES - HEARING BEFORE THE HOUSE SUBCOMMITTEE ON CRIMINAL JUSTICE, 95TH CONGRESS, 2ND SESSION, HR 13360, JULY 19, 1978 - SEE NCJ-59638)

• NCJ Number: 59639
• Author(s): H A BEDAU
• Date Published: 1978
• Length: 14 pages
• Corporate Author: US Congress
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

PROF. HUGO ADAM BEDAU OF TUFTS UNIVERSITY DISCUSSES THE ROLE OF RETRIBUTION AND THE QUESTION OF RACIAL DISCRIMINATION IN CAPITAL PUNISHMENT, AND THE RECIDIVISM RECORD OF RELEASED PRISONERS.

Abstract

CERTAIN TYPES OF PUNISHMENT HAVE RETRIBUTIVE PURPOSES, BUT THE DEATH PENALTY IS NOT THE ONLY WAY TO ACHIEVE THEM. THESE PURPOSES CENTER AROUND THE IDEA THAT PROPER PUNISHMENT PAYS BACK TO OFFENDERS SOMETHING LIKE WHAT THEY INFLICTED ON VICTIMS. WITH THE TRADITIONAL PRINCIPLE OF PROPORTIONALITY, NO CRIME OTHER THAN CRIMINAL HOMICIDE CAN BE JUSTIFIABLY PUNISHED BY DEATH ON RETRIBUTIVE GROUNDS AND ALL INEXCUSABLE AND UNJUSTIFIABLE HOMICIDES REQUIRE THE DEATH PENALTY. THE ABSTRACT PRINCIPLE THAT THE PUNISHMENT OF DEATH BEST FITS THE CRIME OF MURDER, HOWEVER, IS EXTREMELY DIFFICULT TO INTERPRET AND APPLY. FURTHERMORE, IT IS VIRTUALLY IMPOSSIBLE TO CONSTRUCT A REASONABLE DEFENSE OF THE DEATH PENALTY ON THE GROUNDS THAT IT IS A REQUIREMENT OF EITHER JUSTICE OR RETRIBUTION. THE MAJOR COMPLAINT AGAINST THE DEATH PENALTY IN THE UNITED STATES, BOTH IN LITIGATION BEFORE FEDERAL COURTS AND IN ALL OTHER FORUMS, IS THE OBJECTION THAT THE DEATH PENALTY IS ARBITRARY OR DISCRIMINATORY. STUDIES INDICATE THAT CAPITAL PUNISHMENT FALLS WITH AN UNFAIRLY HIGH PROBABILITY UPON MEMBERS OF RACIAL MINORITIES, PRIMARILY BLACK AMERICANS. THIS IS REFLECTED IN STATISTICS ON THE RACE OF PERSONS UNLAWFULLY EXECUTED, RACE AND THE DEATH PENALTY FOR RAPE, AND HOMICIDE RATES AMONG BLACKS AND WHITES. FROM THE STANDPOINT OF SOCIAL DEFENSE, DIFFERENTIAL EFFECTS BETWEEN IMPRISONMENT AND THE DEATH PENALTY CAN BE MEASURED WITH REGARD TO GENERAL DETERRENCE, INCITEMENT TO CRIME (COUNTERDETERRENCE), AND PREVENTION THROUGH INCAPACITATION. CAPITAL PUNISHMENT IS WRONG AS A TECHNIQUE OF SOCIAL CONTROL BECAUSE IT IS AN AFFRONT TO HUMAN DIGNITY. THE ERRONEOUS INFLICTION OF DEATH CANNOT BE CORRECTED, AND THERE IS NO REMEDY OR COMPENSATION FOR ITS UNDESERVED INFLICTION. THE FUNCTION OF GOVERNMENT IN A JUST SOCIETY IS TO PROTECT AND ENHANCE HUMAN LIFE. (DEP)