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Capital Punishment - Criminal Law and Social Evolution

NCJ Number
91016
Author(s)
J Gorecki
Date Published
1983
Length
164 pages
Annotation
Cultural evolution brings about a tendency towards decreasing severity of criminal punishment. As societies evolve, the exercise of legally sanctioned violence by the state declines.
Abstract
This thesis is supported by historical and anthropological evidence and is substantiated by a psychological analysis of the differential impact of punishment at different levels of cultural development. The text explores in detail the abolitionist trend which grew in America until the mid-1960's and has continued to decline since then. Building upon this historical and legal study, the author considers the basic issues of capital punishment. Arguments for and against capital punishment focus on deterrence, rehabilitation, equality of punishment, the demoralizing effect on the general public, and an infringement of inalienable individual rights. The influence of changing public opinion on Supreme Court decisions is examined in reference to the reversal of the trend against capital punishment to a reaffirmation of the death penalty on the law books. A discussion of needed improvements in the functioning of the criminal justice system concludes the book. Chapter notes, an index, and about 350 references are provided.

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