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15 Crime & Delinquency 1 (1969)

handle is hein.journals/cadq15 and id is 1 raw text is: CRIME and DELINQUENCY NATONAL COMM,[ ON CME MD DEUNQUENCY Volume 15 January 1969 Number 1 Capital Punishment* GERALD H. GorrLIEBt In simplest terms, the thesis of this paper is that the death penalty is torture, that it serves no other purpose than revenge, that revenge is an unconstitutional purpose, and that torture is an unconstitutional act. The supporting narrative relies upon historical and present facts and upon law. It offers a prediction that our courts will strike down the penalty, applying those facts to the Eighth Amendment of the Bill of Rights. Departing from that narrative, I venture some personal ex- pressions. To maintain an institution that sets a barbaric exam- ple is to thwart the civilizing process that holds man's only hope for survival. The death penalty is the most dramatic symbol of barbarism present in our national domestic life. It is not the only barbarism, yet to remove it is to sound a civilizing chord that will reverberate across the nation and its laws. Raw punishment, in whatever form, is no answer to crime. The appropriate question is how to prevent and cure criminal- ity-in those already miscreant, in those so inclined, and in those whose character is still unformed. The answer to the question ,must be relevant to the massive causes and subtle triggers of criminality. *Reprinted, by permission of the author t Gerald H. Gottlieb is a practicing attor- and the publisher, from Capital Punish- ney, a member of the bars of California and ment, published by the Center for the Study the U.S. Supreme Court. He is also a part- of Democratic Institutions, copyright 1967 by time member of the staff of the Center for Fund for the Republic. All rights reserved, the Study of Democratic Institutions. I

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