To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library




Death Penalty

(See, MPC § 210.6) A majority of the states administer the death penalty for the most serious of crimes.

A. Policy Considerations

1. Deterrence
The severity of the punishment is a more effective deterrent than the likelihood of the punishment.

2. Irrevocability
The benefits of the punishment outweigh the danger of irrevocably punishing an innocent.

3. Sanctity of Life

a. All Killing is Wrongful
The killing of another human being can be considered wrongful no matter who commits it or to what end.

b. Societal Necessity
Alternately, implementing the death penalty can be looked upon as a society acting in self defense.

B. Constitutional Requirements

The death penalty is constitutional so long as it conforms to society’s evolving standard of decency.

1. First Degree Murder
A death sentence requires that one have intended to take, attempted to take, or actually taken a life. The death penalty has been declared unconstitutional as a punishment for rape and will probably be declared unconstitutional for the punishment of any offense but first degree murder.

Create New Group

Casebriefs is concerned with your security, please complete the following