On the need for a philosophical investigation of capital punishment by the U.S. Supreme Court

The Supreme Court needs to clearly articulate the legal-political philosophy underlying its decisions so that consistency can be sought. Decisions involving life-and-death issued, such as capital punishment, should be based on sound, articulated philosophy rather than public opinion polls and the pe...

Full description

Saved in:  
Bibliographic Details
Main Author: Fishman, Ethan M. (Author)
Format: Electronic Article
Language:English
Published: 1982
In: American journal of criminal justice
Year: 1982, Volume: 7, Issue: 1, Pages: 61-77
Online Access: Volltext (lizenzpflichtig)
Volltext (lizenzpflichtig)
Journals Online & Print:
Drawer...
Check availability: HBZ Gateway
Keywords:
Capital Punishment Case
Jury Trial
Life Imprisonment
Death Sentence
Capital Punishment
Description
Summary:The Supreme Court needs to clearly articulate the legal-political philosophy underlying its decisions so that consistency can be sought. Decisions involving life-and-death issued, such as capital punishment, should be based on sound, articulated philosophy rather than public opinion polls and the perceived mood of the public. Supreme Court justices, like everyone else, bring their own biases to their decisionmaking, but too often cases appear to be decided on “technical” due process issues rather than philosophic grounds. Of course, the “due process” interpretations used actually reflect inarticulated political philosophy.
ISSN:1936-1351
DOI:10.1007/BF03373791