The argument is akin to a deterrence argument, but differs in that it contemplates the individual's shrinking from antisocial conduct, not because he fears punishment, but because he has been told in the strongest possible way that the conduct is wrong. See e.g., T. Sellin, The Death Penalty, A Report for the Model Penal Code Project of the American Law Institute (1959). The statute is “not cruel and unusual punishment” if ‘drafted to ensure adequate info and guidance.’ The Georgia v. Gregg case overturned the Furman v. Georgia case, and set a precedent when it reinstated the death penalty in all fifty states. ‡ ^ . 10 ^ . Indeed, a deterrent effect would be suggested if, once again all other things being equal, one State abolished the death penalty and They are essentially utilitarian in that they portray the death penalty as valuable because of its beneficial results. 15 ^ . See Commonwealth v. O'Neal, supra, at ___ , 339 N.E.2d, at 687; Bowers, supra, n. 13, at 135; Sellin, supra, n. 2, at 79. Accord, Commonwealth v. O'Neal, ___ Mass. ); Roberts v. Louisiana, post, at 353-354 (White, J., dissenting). They had to do with capital punishment in the United States.. E in Jurek v. Texas, O.T. [p. 240] They then quote with approval from Lord Justice Denning's remarks before the British Royal Commission on Capital Punishment: "'The truth is that some crimes are so outrageous that society insists on adequate punishment, because the wrong-doer deserves it, irrespective of whether it is a deterrent or not.'" United Nations, Department of Economic and Social Affairs, Capital Punishment, pt.  Indeed, a recent regression study, based on Ehrlich's theoretical model but using cross-section state data for the years 1950 and 1960, found no support for the conclusion that executions act as a deterrent.. But the implication of the statements appears to me to be quite different—namely, that society's judgment that the murderer "deserves" death must be respected not simply because the preservation of order requires it, but because it is appropriate that society make the judgment and carry it out.
See Furman v. Georgia, 408 U.S., at 343-345 (Marshall, J., concurring). , The most compelling criticism of the Ehrlich study is [p. 236] that its conclusions are extremely sensitive to the choice of the time period included in the regression analysis.
"; or how too many cooks make a statistically average soup. Id., at 331; ante, at 173, 182-183 (opinion of Stewart, Powell, and Stevens, JJ.
Ante, at 183, quoting from Furman v. Georgia, supra, at 308 (Stewart, J., concurring).
 This finding has cast severe doubts on the reliability of Ehrlich's tentative conclusions.
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