For Capital Punishment: Crime and the Morality of the Death PenaltyThis distinguished constitutional theorist takes a hard look at current criminal law and the Supreme Court's most recent decisions regarding the legality of capital punishment. Examining the penal system, capital punishment, and punishment in general, he reviews the continuing debate about the purpose of punishment for deterrence, rehabilitation, or retribution. He points out that the steady moderation of criminal law has not effected a corresponding moderation in criminal ways or improved the conditions under which men must live. He decries the "pious sentiment" of those who maintain that criminals need to be rehabilitated. He concludes that the real issue is not whether the death penalty deters crime, but that in an imperfect universe, justice demands the death penalty. Originally published by Basic Books in 1979. |
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abolished abolition abolitionists Albert Camus Amendment American American Law Institute anger Auburn system Beccaria Bedau Benjamin Rush CALIFORNIA/SANTA CRUZ Camus capital punishment cause Cesare Beccaria chap citizens civil conclusion Constitution convicted Crimes and Punishments Criminal Justice criminal law Criminology cruel and unusual CRUZ The University death penalty death sentence defendant derived deserve deter crimes dignity Ehrlich Eighth Amendment enlightened example fact fear federal felony Georgia guilty Hobbes homicide rate human Ibid imposed imprisonment increase inflicted insisted judge jury kill law-abiding liberal Macbeth ment Meursault murder rate nation number of murders offense opinion passion penal penitentiary system penology percent persons police political prevent principle prison probation purpose of punishment question Ramsey Clark reason recent reform rehabilitation retribution S.Ct self-interest Sellin society statistics statutes Supreme Court tion trial U.S. Department United University Library UNIVERSITY UNIVERSITY OF CALIFORNIA/SANTA victims Walter Berns York