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Administering Capital Punishment

NCJ Number
96483
Journal
University of Florida Law Review Volume: 36 Issue: 2 Dated: (Spring 1984) Pages: 177-199
Author(s)
J Kaplan
Date Published
1984
Length
16 pages
Annotation
The administration of the death penalty currently involves such inefficiency and unfairness in its application that these problems, together with the other arguments of those who oppose the death penalty, may outweigh the claims of those who wish to retain and enlarge upon capital punishment.
Abstract
Thus, although a solid majority of Americans favor capital punishment, the small number of executions to which we have become accustomed may make the execution of many more unacceptable. The administration of capital punishment is analagous to the issue of merit pay for teachers. Determining which people should get punishment is similar in many respects to determining which teachers should get merit raises. Capital punishment cannot be considered to be just another death, since it involves helpless waiting and an on-again, off-again character resulting from stays as the case goes through the courts. Determining whether the individual is guilty of a capital offense or only of some lesser offense is another crucial issue. Arbitrariness is another serious problem in the administration of capital punishment. A total of 31 footnotes are supplied.

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