ABSTRACT
An important aspect of the capital punishment controversy is centered about the relative importance which should be attributed to the factors of rehabilitation and retribution. A major element of the controversy is whether capital punishment, as claimed by retentionists, is a unique deterrent to crime. Yet, even if the existence of discrimination can satisfactorily be proven, it would be a mistake to argue that capital punishment should be rejected because some discrimination exists. Confinement alone qualifies as punishment and society's demand that criminals be punished can certainly be met by imposition of prison terms. At least some justices of the Supreme Court have shown an acute awareness of public opinion on the capital punishment issue. "Pragmatic" arguments enter the capital punishment controversy. Furthermore, many who commit repeated capital crimes are adjudged legally insane and are not executed, even in a capital punishment jurisdiction.
