In a society of ever increasing awareness of the importance of the individual and his dignity, it is only natural that such a drastic sanction as the destruction of a human life should fall victim to the closest scrutiny. Today, not only is the imposition of the death sentence decreasing, but so is its ultimate effectuation, due mainly to permissive appeal procedures and executive clemency. Furthermore, capital cases are largely responsible for impeding the effective administration of all other criminal cases because they consume a large portion of the court's time, while the deterrent effect of the death penalty has been found to be at least questionable.
Salvatore J. Cucinotta,
Witherspoon - Will the Due Process Clause Further Regulate the Imposition of the Death Penalty?,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol7/iss3/6