The Death Penalty Beyond the Smoke and Mirrors

Capital punishment attracts strong and opposing moral positions: execution by the state under any condition is wrong versus execution as just retribution for heinous killing. Using evidence from legal history, this book rejects these moral arguments as a basis for determining the social value of the death penalty and considers the issue scientifically by determining whether capital punishment deters willful killing.

Alfred B. Heilbrun, Jr. is Distinguished Professor of Psychology Emeritus and Distinguished Emeritus Fellow at Emory University

Acknowledgment

ii

Preface

iii

SECTION ONE DOES THE DEATH PENALTY DETER WILLFUL KILLING?

1

(64)

The Interminable Debate Regarding the Death Penalty

3

(24)

The 45-Year Study of the Death Penalty and Deterrence

27

(15)

Conceptual Lacunas in the Deterrence Evidence

42

(23)

SECTION TWO CAN THE DEATH PENALTY BE FAIRLY IMPLEMENTED?

65

(92)

Fair Practice in Adjudicating the Death Penalty: The Issue of Race

67

(31)

Fair Practice in Adjudicating the Death Penalty: The Issue of Gender

98

(22)

Fair Practice in Adjudicating the Death Penalty: Mental Disorder as a Competence Issue

120

(18)

Fair Practice in Adjudicating the Death Penalty: Mental Retardation as a Competence Issue

138

(19)

SECTION THREE PUTTING IT ALL TOGETHER

157

(32)

A Verdict on the Death Penalty as a Deterrent to Murder

159

(14)

Fairness in Adjudicating the Death Penalty

173

(16)

References

189

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The Death Penalty Beyond the Smoke and Mirrors

Summary

Author Biography

Table of Contents

Supplemental Materials