New Life for Death

The Supreme Court last week finally decided to consider anew the perplexing question of capital punishment. It agreed to review the cases of five convicted murderers sentenced to death under state laws enacted since 1972, when the court ruled that previous laws authorizing the death penalty were unconstitutional. The new Supreme Court decision, expected in June, will decide the fate of more than 400 prisoners now awaiting execution under a variety of state laws.

Although the nine Justices issued nine separate opinions in the court's 1972 decision, the overall vote to suspend the death penalty was 5 to 4. Since then, 34 states have passed new laws trying to meet the various objections raised by the Justices. That in itself seems to indicate that there is substantial popular sentiment for execution in certain specified crimes--a point that could influence the court. Moreover, retired Justice William O. Douglas, who broadly opposed the death penalty as cruel and unusual punishment, has been replaced by John Paul Stevens, whose legal philosophy is more moderate than that of his liberal predecessor. Close observers of the court predict that it will vote this summer to restore executions by a margin of at least 6 to 3.

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