THE BACKGROUND PAPER EXAMINES THE FEDERAL CONSTITUTIONAL STATUS OF CAPITAL PUNISHMENT, ITS STATUS IN MICHIGAN (THE FIRST STATE TO ELIMINATE CAPITAL PUNISHMENT AS A SENTENCING ALTERNATIVE IN 1846), AND THE PREVALENCE OF THE DEATH PENALTY IN THE U.S. AT THE TIME OF WRITING. PRINCIPAL ARGUMENTS FOR AND AGAINST CAPITAL PUNISHMENT ARE SUMMARIZED. THE TWO ARTICLES WHICH FOLLOW DISCUSS THE TOPIC IN DEPTH FROM THE PRO AND CON SIDES. THE PROPONENT OF CAPITAL PUNISHMENT OFFERS A POINT-BY-POINT REFUTATION OF ARGUMENTS AGAINST THE DEATH PENALTY, INCLUDING SUCH TOPICS AS THE QUESTION OF ITS CONSTITUTIONALITY, THE SACREDNESS OF HUMAN LIFE, DISCRIMINATION AGAINST NONWHITES, THE POSSIBILITY OF EXECUTING AN INNOCENT PERSON, AND THE DETERRENT VALUE OF THE DEATH PENALTY. AS THE DETERRENT VALUE OF THE DEATH PENALTY CANNOT BE PROVEN POSITIVELY, HE CONCLUDES THAT IT IS BETTER TO ERR ON THE SIDE OF POTENTIAL VICTIMS AND THEREBY SAVE INNOCENT LIVES THAN TO ERR ON THE SIDE OF CONVICTED MURDERERS. THE AUTHOR OF THE ARTICLES OPPOSING THE DEATH PENALTY PRESENTS THE EXAMPLE OF MICHIGAN, WHERE LIFE IMPRISONMENT WITHOUT PAROLE IS THE MANDATORY PENALTY FOR FIRST-DEGREE MURDER, AS A STATE WHICH HAS SUCCESSFULLY ELIMINATED CAPITAL PUNISHMENT. HE HOLDS THAT THERE IS A POSSIBILITY THAT EVEN THE WORST KILLER CAN BE REFORMED, THAT CAPITAL PUNISHMENT HAS NOT BEEN PROVEN A BETTER DETERRENT THAN LIFE IMPRISONMENT, AND THAT THE DEATH PENALTY BRINGS ABOUT OTHER UTILITARIAN EVILS (E.G., DISCRIMINATION AGAINST NONWHITES). FOR INDIVIDUAL ARTICLES, SEE NCJ-45562 AND 45563. (DAS)