The Death Penalty: An Eye for an Eye

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might already have been decided in the abolitionists' favor. Bittaker's prosecutor had an apt beyond-the-pale phrase for Bittaker and his partner: "mutants from hell." Can they be human? Without killers in this league, more of America's logic and instinctive sense of mercy could prevail. There might be more electorates like Michigan's and more Governors like New York's who declare that capital punishment is unworthy of a decent society.

Administration of the death penalty perhaps cannot be made fair enough. As a deterrent, it is probably not necessary. But public passions are inflamed by the inevitable monsters. Civil reason is suspended in the face of what looks like evil incarnate. "It's an emotional issue. It's not a rational issue." Says who? Lawrence Bittaker, an emotional man, whose life is very hard to save.

—By Kurt Andersen.

Reported by Lee Griggs/Chicago, B.J. Phillips/Atlanta and Janice C. Simpson/New York

* Other states now without a death penalty: Alaska, Hawaii, Iowa, Kansas, Maine, Michigan, Minnesota, North Dakota, Rhode Island, West Virginia and Wisconsin.

* There is still one man condemned to die for a crime other than murder: Lucious Andrews, 31, sentenced in Florida in 1981 for the "sexual battery of a child."

* Of the nine on today's Supreme Court, only Thurgood Marshall and William Brennan believe that the death penalty itself is unconstitutional.