IT IS POINTED OUT THAT CAPITAL PUNISHMENT CANNOT BE DEFENDED AS THE LOGICAL MATCH FOR THE CRIME OF MURDER OR FOR ANY OTHER CRIME. IF CAPTIAL PUNISHMENT IS CONSTRUED AS RETRIBUTIVE (SINCE IT CANNOT BE REHABILITATIVE AND SINCE IT IS AWKWARD TO DEFEND AS DETERRENT), IT MUST BE CONSTRUED AS THE SYMBOLIC EQUIVALENT OF THE ORIGINAL CRIME -- THE SYMBOLICALLY ADEQUATE PENALTY ASSIGNED IN VIRTUE OF A SOCIETY'S CONDEMNATION OF THE CRIME COMMITTED. BECAUSE OF SUCH CONSIDERATIONS, HOWEVER, IT IS DIFFICULT TO JUSTIFY CAPITAL PUNISHMENT. IT IS FURTHER NOTED THAT ALL SOCIOLOGICAL STUDIES OF THE EFFECTIVENESS OF THE DETERRENT FORCE OF THE DEATH PENALTY ARE CONCEPTUALLY DEFECTIVE IF THEY ARE CONSTRUED AS JUSTIFYING THE PENALTY FOR HOMICIDE OR FOR OTHER AGGRAVATED CRIMES, AND THAT WHATEVER DETERRENT FORCE THE PENALTY MAY HAVE IS LOGICALLY INDEPENDENT OF WHATEVER MAY JUSTIFY THE USE OF THE PENALTY. THE STRONGEST ARGUMENT FAVORING THE DEATH PENALTY WILL ESCHEW DETERRENCE FOR THE FOLLOWING REASONS: DETERRENCE PRESUPPOSES A PRIOR JUSTIFICATION OF PUNISHMENT; DETERRENCE ADDRESSES AN ACTUAL CRIME INDIRECTLY BY ADDRESSING A CLASS OF FUTURE, AS YET UNCOMMITTED CRIMES THAT A COMMUNITY DIRECTLY WISHES TO AVOID; THE EXTREMITY OF THE PENALTY IS INAPPROPRIATELY LINKED NOT TO THE SERIOUSNESS OF THE CRIME BUT TO THE SERIOUSNESS WITH WHICH A COMMUNITY WISHES TO AVOID A CLASS OF RELATED, AS YET UNCOMMITTED CRIMES; STATISTICAL EVIDENCE REGARDING DETERRENCE AND THE DEATH PENALTY IS NOT STRONG; AND THE EXTREMITY OF THE PENALTY IS HARDER TO DEFEND IN DIRECT PROPORTION TO THE EXTENT TO WHICH STATISTICAL EVIDENCE IS INDECISIVE OR UNFAVORABLE. A LIST OF REFERENES IS INCLUDED. (LKM)