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The Current Profile of Capital Punishment
Published online by Cambridge University Press: 16 February 2016
Extract
In a way, I suppose, everything has been said about the death penalty that can be said. Yet we continue to discuss the penalty, the legal processes involved, the actual means of execution, the crimes for which death is to be imposed, and at the cornerstone, the moral justification for society deliberately taking human lives.
At the risk of appearing immodest, I claim to be peculiarly equipped to enter into this discussion because I have been on all sides of the issue — not, I hasten to explain, because of unconcern or ambivalence. First, as an idealistic young man, I debated for abolition of the death penalty. Then, as executive secretary to the Governor of California, I had the duty of actually interviewing, in prison, men — and one woman — under sentence of death and making a report to the Governor. He, in turn, had the responsibility of commuting some sentences to life and allowing others to go to their death.
- Type
- Capital Punishment
- Information
- Copyright
- Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1991
References
1 1986 Criminal Justice Profile, Dept. of Justice, State of California.
2 Ibid.
3 Thomas, Trevor, This Life We Take (1965), Friends Committee on LegislationGoogle Scholar.
4 408 U.S. 238 (1972).
5 428 U.S. 153 (1976).
6 433 U.S. 584.
7 438 U.S. 586.
8 485 U.S. 782.
9 465 U.S. 37 (1984).
10 468 U.S. 447 (1984).
11 476 U.S. 162.
12 477 U.S. 399.
13 95 L. Ed. 2d 127.
14 95 L. Ed. 2d 262.
15 380 U.S. 202.
16 22 Cal.3d 258; 583 P. 2d 748.
17 476 U.S. 79.
18 482 U.S. 496, at 504.
19 Ibid., at 507.
20 Ibid., at 508.
21 156 Cal. App. 3d 500, at 516-517; 203 Cal. Rptr. 276.
22 108 S. Ct. 2687.
23 455 U.S. 104.
24 6 Cal. 3d 628; 493 P. 2d 880.
25 In Trop v. Dulles, 356 U.S. 86, at 101.
26 Supra n. 24, 493 P. 2d 880, at 893.
27 Ibid., at 894-897.
28 Ibid., at 899. Gardiner LC.'s remarks are taken from 268 Hansard, Parliamentary Debates (5th Series) Lords, 43d Parl., First Sess., 1964-1965, p. 703.
29 California Constitution, Article I, section 27.
30 New York, 1961.
31 Supra n. 7, at 605.
32 Sellin, T., Capital Punishment (New York, Harper and Row, 1967) 253Google Scholar.