Jump to ContentJump to Main Navigation
The Death PenaltyA Worldwide Perspective$
Users without a subscription are not able to see the full content.

Roger Hood CBE QC (Hon) DCL FBA and Carolyn Hoyle

Print publication date: 2008

Print ISBN-13: 9780199228478

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199228478.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 23 July 2019

Deciding Who Should Die: Problems of Inequity, Arbitrariness, and Racial Discrimination

Deciding Who Should Die: Problems of Inequity, Arbitrariness, and Racial Discrimination

Chapter:
(p.278) 8 Deciding Who Should Die: Problems of Inequity, Arbitrariness, and Racial Discrimination
Source:
The Death Penalty
Author(s):

Roger Hood

Carolyn Hoyle

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199228478.003.0009

This chapter starts with a review of the extent to which the death penalty in retentionist countries is the mandatory punishment for murder or other serious crimes. It shows that the mandatory use of capital punishment has come under increasing attack as an unacceptably inflexible penalty. It then proceeds to a consideration of whether a discretionary use of capital punishment can be applied in an equitable and non-discriminatory manner. Legal scholarship and social science research on the American statutes that have sought to restrict the imposition of the death penalty are examined to see whether they have been successful in eliminating arbitrariness and discrimination in the infliction of the death penalty.

Keywords:   mandatory death sentence, discretion, policy implications, social science research, American statutes

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .