The Courts, the Constitution, and Capital Punishment

By Hugo Adam Bedau | Go to book overview

Notes

Introduction
1.
Jack Greenberg and Jack Himmelstein, "Varieties of Attack on the Death Penalty," Crime and Delinquency 15 ( January 1969): 112-120.
2.
Actually, his essay was published in essentially the same form in two journals, Ethics in 1968 and The Journal of Criminal Law, Criminology and Police Science in 1969. I submitted my rejoinder to both journals, too, and each published it.
3.
David C. Baldus and James W. L. Cole, "A Comparison of the Work of Thorsten Sellin and Isaac Ehrlich on the Deterrent Effect of Capital Punishment," Yale Law Journal 85 ( December 1975): 170-186, at p. 185.
4.
See Leonard W. Levy, Against the Law, New York, Harper and Row, 1974, p. 410; James Q. Wilson, Thinking About Crime, New York, Vintage Books, 1977, p. 211; and Ernest van den Haag, Punishing Criminals, New York, Basic Books, 1975, p. 200 note.
5.
Laughlin McDonald, Civil Liberties, June 1974, p. 15.
6.
Richard Kluger, Simple Justice, New York, Alfred A. Knopf, 1976, pp. 101, 113, 147, 161.
7.
Formation of the NCADP has been mentioned in The Los Angeles Times, 5 October 1976, pp. 1, 15; AFSC Quaker Service Bulletin, Fall 1976, p. 3; Diane Leonetti, "Capital Punishment," Fellowship, October 1976, pp. 10-14; Deborah Leavy, "The Return of Legalized Murder?" WRL News, January-February 1977, no. 198, pp. 5-6. For the sake of the record, it should be mentioned that the American League to Abolish Capital Punishment effectively ceased to exist well before Furman was decided. As a single-issue abolitionist organization, its eventual fate was sealed by the number of multi-issue reform organizations which, during the 1960s, adopted policy positions against the death penalty.

Chapter 1
The Issue of Capital Punishment
1.
The President's Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society, Washington, D.C., U.S. Government Printing Office, 1967, p. 143.
2.
I have drawn heavily in the following paragraphs upon information in chapter 2 of my book, The Death Penalty in America, New York, Doubleday Anchor, 1964, rev. ed., 1967.
3.
R. H. Beattie and J. P. Kennedy, "Aggressive Crime," The Annals ( March 1966): 84.

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