skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 62556 Find in a Library
Title: DEATH PENALTY AND THE INSANITY DEFENSE
Author(s): H ZEISEL
Corporate Author: University of Chicago
Law School
Managing Editor
United States of America
Date Published: 1978
Page Count: 12
Sponsoring Agency: University of Chicago
Chicago, IL 60637
William S Hein and Co, Inc
Buffalo, NY 14209
Sale Source: William S Hein and Co, Inc
1285 Main Street
Buffalo, NY 14209
United States of America
Language: English
Country: United States of America
Annotation: USING THE CASE HISTORY OF AN ALABAMA MULTIPLE MURDERER, THIS OCCASIONAL PAPER FOCUSES ON THE DILEMMA FACED BY JURIES WISHING TO PROTECT SOCIETY FROM MURDERS WHO ARE PROBABLY INSANE.
Abstract: T. WHISENHANT BURTALLY MURDERED FOUR WOMEN IN ALABAMA. AT THE TRIAL, THE JURY COULD ACQUIT THE DEFENDANT FOR INSANITY OR FIND HIM GUILTY AND IMPOSE THE DEATH PENALTY. THEY COULD NOT LESSEN THE CHARGE OR IMPOSE A DIFFERENT SENTENCE. SINCE THE COURT WITHHELD KNOWLEDGE OF WHAT SHOULD HAPPEN IF HE WERE ACQUITTED, THE JURY CONVICTED HIM TO PROTECT SOCIETY, ALTHOUGH SOME PSYCHIATRISTS TESTIFIED THAT HE WAS INSANE. AFTER SUCH A CONVICTION, ALABAMA LAW CALLS FOR A HEARING BEFORE THE TRIAL JUDGE, AFTER WHICH HE MUST DECIDE BETWEEN THE DEATH SENTENCE AND NONPAROLABLE LIFE IMPRISONMENT. AT THE SENTENCE HEARING, THE PROSECUTOR CALLED A LAW SCHOOL PROFESSOR AS A WITNESS. HIS TESTIMONY, REPRODUCED HEREIN, COMMENDS THE JURY FOR CONVICTING TO PROTECT SOCIETY, AS THE ONLY PRACTICAL VERDICT. THE SUPREME COURT HAS FOUND THAT THE DEATH SENTENCE CANNOT BE RETRIBUTIVE ALONE, BUT MUST BE RETRIBUTIVE AND DETERRENT. HOWEVER, SICK MURDERERS ARE NOT DETERRED BY DEATH SENTENCES. FOOTNOTES ARE INCLUDED. (PAP)
Index Term(s): Capital punishment; Criminally insane persons; Insanity defense; Jury decisionmaking; Mandatory Sentencing; Mentally ill offenders; Sentence review; Sentencing guidelines; Sentencing/Sanctions
Note: *This document is currently unavailable from NCJRS. OCCASIONAL PAPERS - UNIVERSITY OF CHICAGO, LAW SCHOOL
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62556

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.