Death Again

Since the U.S. Supreme Court in 1972 handed down its 5-to-4 ruling that the death penalty was cruel and unusual punishment ("In the same way that being struck by lightning is cruel and unusual," struck wrote by Justice Potter Stewart), 22 states have redrafted execution laws. It was only a matter of time before the Federal Government got around to a similar resuscitation. Last week the Senate passed, 54 to 33, a measure restoring the death penalty for certain federal crimes. If the bill passes in the House, which seems certain, capital punishment could be imposed for treason, espionage or assassination of the President, Vice President, a Justice of the Supreme Court, any federal law-enforcement officer or any foreign chief of state. A death sentence could also be ordered for murder committed in the process of an airplane hijacking, a kidnaping or an escape from the custody of a law officer.

The only twist added to the familiar punishment v. deterrence arguments came in the scathing amendment proposed by death-penalty foe Senator Har old Hughes--that executions be broadcast on radio and television. "If Senators believe there is a deterrent effect inherent in the death penalty," Hughes reasoned mordantly, "then my amendment will provide a way to greatly increase this deterrence." Hughes' amendment was defeated by 81 to 10.

Though it now seems certain that the bill to kill may soon become law, to many Americans executions seem not only cruel but barbaric, and no doubt the Supreme Court will once again be asked to rule on the constitutionality of the practice. The court's answer could take years.

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