San Diego Law Review

Library of Congress Authority File


Document Type



This Article discusses the traditional justifications advanced in support of the death penalty and compares them with current empirical data. The justifications are then applied to the O.J. Simpson case. The Article examines the data and reasons for the incidence of error in convicting innocent defendants in capital cases. The type of representation available to O.J. Simpson is contrasted with the quality of representation accorded to most capital defendants. After comparing the empirical data with the ideological justifications for capital punishment, the Author concludes that capital punishment is not necessary.