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St. Thomas Law Review

Authors

Eileen Weber

First Page

57

Document Type

Article

Abstract

Punishment by death has stirred controversy over the millennia of human existence. Recently, this country has debated whether a society in which the dignity of the individual is the supreme value can, without fundamental inconsistency, put the lives of some of its members to an untimely violent end. Only between 1967 and 1977 was there a moratorium on executions in the United States.1 Since death sentences were carried out again, a combined total of 101 persons have been executed, and, as of May 1, 1988, there were 2,048 convicted murderers on death row. Currently, only 14 states are without the death penalty.2 Recent opinion polls, as well as society's reaction to specific executions, indicate that public sentiment for the death penalty is rising among Americans.3 This paper will consider the legal and ethical positions on the issue of capital punishment. The first section of this study is a brief historical overview. It is followed by an analysis of the Eighth Amendment and the landmark cases decided by the U.S. Supreme Court. The paper will end with a critical assessment of the policies advanced in support of capital punishment, and present an alternative view, the perspective of the Catholic Church.

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