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TERRORISM AND THE DEATH PENALTY (FROM TO ESTABLISH RATIONAL CRITERIA FOR THE IMPOSITION OF CAPITAL PUNISHMENT - HEARINGS BEFORE THE SENATE COMMITTEE ON THE JUDICIARY ON S 1382 - SEE NCJ-54844)

NCJ Number
54847
Author(s)
T P THORNTON
Date Published
1978
Length
3 pages
Annotation
ARGUMENTS FOR NOT MAKING TERRORISM A CAPITAL CRIME ARE PRESENTED.
Abstract
ALL TERRORIST ACTS SHARE A CRUCIAL CHARACTERISTIC: THEIR HIGH SYMBOLIC CONTENT. IT IS NOT SURPRISING THAT PUBLIC DEMANDS FOR ACTION AGAINST TERRORISM FOCUS ON SYMBOLICALLY SATISFYING AND DRAMATIC MEANS OF PREVENTION AND RETRIBUTION. FOR MOST PEOPLE, THE CENTER OF CONCERN ABOUT TERRORISM IS HOSTAGE-TAKING, AND THE DEATH PENALTY APPEARS HIGH ON MOST LISTS OF WAYS TO DEAL WITH HOSTAGE TAKERS. IT HAS BEEN ARGUED THAT EXECUTING CONVICTED TERRORISTS WOULD SAVE THE LIVES OF INNOCENT CITIZENS WHO OTHERWISE WOULD HAVE BEEN TAKEN HOSTAGE BY TERRORISTS DEMANDING THE RELEASE OF THEIR IMPRISONED COHORTS. THE ARGUMENT IS COMPELLING, BUT THERE ARE WEIGHTY COUNTERARGUMENTS. TERRORISM IS A DESCRIPTION OF A STATE OF MIND RATHER THAN A DEFINITION OF A SPECIFIC CRIMINAL ACT. EXECUTING TERRORISTS SO THAT HOSTAGES WILL NOT BE TAKEN BY OTHER TERRORISTS PUTS THE LAW IN THE STRANGE POSITION OF PUNISHING PEOPLE NOT FOR THEIR ACTS BUT FOR ACTS THAT OTHERS MAY COMMIT ON THEIR BEHALF. A SECOND PROBLEM IS THAT CAPITAL TRIALS AND SUBSEQUENT APPEALS USUALLY TAKE CONSIDERABLE TIME. WOULD-BE RESCUERS OF OF CAPTURED TERRORISTS WOULD HAVE AMPLE OPPORTUNITY TO MOUNT THEIR OPERATIONS. IN FACT, THEY WOULD BE MORE LIKELY TO ATTEMPT A RESCUE IF THE CAPTURED TERRORIST FACES DEATH RATHER THAN IMPRISONMENT. IT SHOULD ALSO BE NOTED THAT, GIVEN THEIR DEGREE OF COMMITMENT, TERRORISTS ARE UNLIKELY TO BE DETERRED BY CAPITAL PUNISHMENT. THERE ARE OTHER, LESS PRAGMATIC REASONS NOT TO EXECUTE TERRORISTS. TO THE EXTENT THAT PEOPLE WHO OPPOSE CAPITAL PUNISHMENT ON MORAL GROUNDS MAKE AN EXCEPTION FOR TERRORISTS, THEY HELP TERRORISTS UNDERMINE SOCIETAL VALUES. PEOPLE WHO ARGUE GENERALLY IN FAVOR OF CAPITAL PUNISHMENT JOIN THE TERRORIST IN DETERMINING THAT HUMAN LIFE IS A FAIR PRICE FOR MORAL OUTRAGE. (LKM)

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