Document Type

Article

Publication Date

1973

Publication Title

The Journal of Criminal Law and Criminology

Publication Title (Abbreviation)

J. Crim. L. & Criminology

Volume

64

Issue

1

First Page

2

Last Page

10

Abstract

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles which follow highlight the competing policy and legal considerations which face legislatures after Furman, and illustrate one state's response to those considerations. The first article is a slightly revised version of a memorandum to the Florida Governor's Committee to Study Capital Punishment, submitted by the Committee's Legal Advisory Staff. It sketches the various possible legislative responses to Furman and recommends one. The second indicates other recommendations made to the legislators and comments on the ultimate legislative determination.

Rights

© Northwesters University School of Law 1973

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