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Download e-book for kindle: Beyond repair? : America's death penalty by Garvey, Stephen P

By Garvey, Stephen P

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39. American Bar Ass’n, ‘‘Report with Recommendation No. 107 (Feb. html. 21 : Second Thoughts discrimination in capital sentencing, and the end of capital punishment for defendants who are mentally retarded or who were condemned for crimes committed before they turned eighteen. Of the issues addressed in the aba resolution, the most potent turned out to be the danger of executing innocent defendants. ∂≠ Over the years, the stories of the more notorious cases of erroneous death sentences had received significant attention from the media, usually when the defendant was released,∂∞ but individual stories could be interpreted as isolated events, or even as evidence of the success of the system of review of capital cases.

6/97. 96. See Gross, supra note 2, at 1454–55 and 1460. ’’ As an alternative to the death penalty, life without parole (or ‘‘lwop’’) obviously speaks to the desire to permanently incapacitate convicted murderers, but it may satisfy retributive impulses as well. Ω∫ Such sentences may seem too light for murder, regardless of any future danger the defendant might pose; if so, life without parole may right the retributive balance. In any event, it is now well established that offering life without parole as an option decreases support for capital punishment considerably.

See Thompson v. S. 815 (1988). 108. Ellsworth and Gross, supra note 1, at 35–36; Gross, supra note 2, at 1458–59. 109. Gallup, 2/99. 110. nbc News/Wall St. , 7/00. 36 : Gross and Ellsworth Speculations In this section, we summarize, integrate, and elaborate the social and individual themes we have developed, focusing on the new concrete scripts, the new political climate, and the moratorium as a new alternative to favoring or opposing the death penalty. We then go on to speculate about possible futures.

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