The death penalty in the United States of America – selected issues Cover Image

Kara śmierci w Stanach Zjednoczonych Ameryki. Wybrane zagadnienia
The death penalty in the United States of America – selected issues

Author(s): Damian Michalski, Kamil Ryś
Subject(s): Constitutional Law, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: historical background of the death penalty; the origins of the death penalty in the United States; executions in the United States

Summary/Abstract: The death penalty as a part of the criminal law is, currently, a very controversial issue. In addition to the strong abolitionist trend, which was created by international organizations and democratic states (with said trend concluding that the death penalty is a repression in the form of revenge), it has mainly an eliminatory function. As for the repressive function, this punishment is ineffective because it has no real impact on the level of crime. It is meant to satisfy the sense of a social justice and achieve the general goal of crime prevention with the tightening of the criminal law system and its provisions becoming more strict. Nowadays, the reception of this retentive view is noticeable in the legislation of certainin states of the United States of America. The following article presents the historical background of the use of the death penalty and its origins in the US legal system. The issues of applying the main sanction since 1990, the institution of the right of clemency and statistical data on the subject are also discussed in great detail.

  • Issue Year: 2017
  • Issue No: 38
  • Page Range: 381-396
  • Page Count: 16
  • Language: Polish