Arthur Goldberg

“ Can the permissible aims of punishment (e. g., deterrence, isolation, rehabilitation) [5] be achieved as effectively by punishing rape less severely than by death (e. g., by life imprisonment) ; [6] if so, does the imposition of the death penalty for rape constitute 'unnecessary cruelty?' [7]
Notes
↑ The United Nations recently conducted a survey on the laws, regulations and practices relating to capital punishment throughout the world. ”

“ Cf. Lambert v. California, 355 U.S. 225, 231, 78 S.Ct. 240, 2 L.Ed.2d 228 (dissenting opinion of Frankfurter, J.) .↑ See e. g., Williams v. New York, 337 U.S. 241, 69 S.Ct. 1079, 93 L.Ed. 1337; Trop v. Dulles, 356 U.S. 86, 111, 78 S.Ct. 590, 2 L.Ed.2d 630 (concurring opinion of Brennan, J.) ”