The Death Penalty: Conceptual and Empirical Issues

Authors

Jason Borenstein, School of Public Policy at Georgia Tech

Abstract

The article argues that the death penalty in the United States is plagued by significant conceptual and empirical flaws, particularly regarding its reliability and fairness. The author advocates for a moratorium on the death penalty until these issues are addressed, emphasizing the risk of executing innocent individuals and the lack of sufficient safeguards in capital proceedings. While not calling for outright abolition, the article contends that the current system is too flawed to continue without substantial reforms.

Disciplines

Criminal Law | Criminal Procedure | Judges | Law | Law and Society

Recommended Citation

Jason Borenstein, The Death Penalty: Conceptual and Empirical Issues, 2 Cardozo Pub. L. Pol’y & Ethics J. 377 (2004).
Available at: https://larc.cardozo.yu.edu/cplpej/vol2/iss2/5