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NCJ Number: 63759 Find in a Library
Title: DEATH PENALTY - A NATIONAL DILEMMA (FROM CRITICAL ISSUES IN CRIMINAL JUSTICE, 1979, BY R G IACOVETTA AND DAE H CHANG - SEE NCJ-63717)
Author(s): A J CROWNS
Corporate Author: Carolina Academic Press
United States of America
Date Published: 1979
Page Count: 22
Sponsoring Agency: Carolina Academic Press
Durham, NC 27701
Format: Document
Language: English
Country: United States of America
Annotation: THIS ESSAY EXAMINES THE ARGUMENTS WHICH SURROUND THE DEATH PENALTY, NOTES THE POSITION OF STATE LEGISLATURES, AND COMMENTS ON RULINGS BY THE SUPREME COURT.
Abstract: IT PRESENTS ARGUMENTS BOTH FOR AND AGAINST THE DEATH PENALTY, CONCLUDING THAT IF SAFEGUARDS ARE TAKEN TO PREVENT PREJUDICE IN THE IMPOSITION OF THE PENALTY, THE SUPREME COURT, IS IN AGREEMENT WITH ITS USE. THE ESSAY SUMMARIZES THE USE AND HISTORY OF THE DEATH PENALTY, AND LISTS THE MAJOR THEORETICAL REASONS FOR ITS USE. AN ANALYSIS OF THE UNITED STATES CODE INDICATES WHEN THE DEATH PENALTY CAN BE IMPOSED FOR WHICH FEDERAL CRIMES OF MILITARY PERSONNEL. THE ESSAY ALSO DISCUSSES THE STATE LEGISLATURES AND THE DEATH PENALTY, NOTING THE CRIMES OF MURDER WHICH JUSTIFY THE PENALTY, INCLUDING THE COMMITTED UNDER SUCH CIRCUMSTANCES AS MURDER FOR CONTRACT, MURDER BY ASSASSIN, MURDER DURING ARSON, RAPE, OR BURGLARY, MURDER WHICH RESULTS FROM A HIJACKING, AND OTHERS. THE SUPREME COURT ON THE DEATH PENALTY IS DISCUSSED IN LIGHT OF EIGHTH AMENDMENT CASES BEFORE THE COURT. THE ESSAY CONCLUDES WITH A SHORT DISCUSSION OF FREQUENTLY OVERLOOKED ISSUES IN THE DEBATE: THE EXTREME BRUTALITY BROUGHT FORTH BY MURDER, FACTORS OF RACE AND ABILITY TO PAY, AND THE DEPERSONALIZED NATURE OF A CRIMINAL TRIAL. DISCUSSION QUESTIONS AND NOTES ARE INCLUDED. (RFC)
Index Term(s): Capital punishment; Constitutional Rights/Civil Liberties; Cruel and unusual punishment; Deterrence; Deterrence effectiveness; Judicial decisions; Public Attitudes/Opinion; US Supreme Court
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