1 Elon L. Rev. 1 (2009)

handle is hein.journals/elonlr1 and id is 1 raw text is: INTRODUCTORY ESSAY
CLASSIC ARGUMENTS FOR AND
AGAINST THE DEATH PENALTY
ŠVICTOR STREIB*
This death penalty symposium issue is an academic exploration of
a wide variety of complex legal issues surrounding capital punishment
law. It follows, then, that the authors of the articles examine these
issues as academics, regardless of the political fallout from their find-
ings. What this symposium issue is not, therefore, is a pro and con
debate about the death penalty's morality, legality, or effectiveness.
The organizers of this symposium assume, however, that at least some
of our audience at the symposium and the readers of this symposium
issue would appreciate having a primer on the classic arguments for
and against the death penalty. This is that primer, complete with ref-
erences to guide readers to more complete information if they choose
to pursue it.2
* Professor, Ohio Northern University College of Law; Senior Lecturing Fellow,
Duke University School of Law. These materials are taken primarily from VICTOR
STREIB, DEATH PENALTY IN A NUTSHELL 9-26 (3d ed. 2008).
1 Symposium attendees did benefit considerably from the oral presentation by Pro-
fessor Arnold Loewy entitled The Death Penalty and Innocence, Elon Law Review Death
Penalty Symposium (Nov. 21, 2008), based upon his previously published article, Police,
Citizens, the Constitution, and Ignorance: The Systematic Value of Citizen Ignorance in Solving
Crime, 39 TEX. TECH L. REV. 1077 (2007).
2 An excellent summary of these issues also can be found at LINDA E. CARTER, ELLEN
S. KREITZBERG & SCOTT W. HowE, UNDERSTANDING CAPITAL PUNISHMENT LAw 7-16 (2d
ed. 2008), and at NINA RIVKIND & STEVEN F. SHATZ, CASES AND MATERIALS ON THE DEATH
PENALTY 7-19 (2d ed. 2005).

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