Chapter Seven:Chapter Seven:Capital PunishmentCapital Punishment

Applying Ethics: A Text with Readings (10th ed.)Julie C. Van Camp, Jeffrey Olen, Vincent Barry

Cengage Learning/Wadsworth

The nature of punishmentThe nature of punishment

Must involve pain, harm, or another Must involve pain, harm, or another unpleasant consequenceunpleasant consequence

Must be administered for an offense Must be administered for an offense against a law or ruleagainst a law or rule

Must be administered to someone who Must be administered to someone who has been judged guilty of an offensehas been judged guilty of an offense

Must be imposed by someone other Must be imposed by someone other than the offenderthan the offender

Must be imposed by rightful authorityMust be imposed by rightful authority

The aims of punishment:The aims of punishment:do these justify capital do these justify capital

punishment?punishment? Retribution: “eye for an eye,” justice

Prevention of crime: people don’t commit crimes if they are in jail or executed

Deterrence of crime: discourage people from committing crimes

Reform and rehabilitation: does this make sense for capital punishment?

Retentionist and abolitionistRetentionist and abolitionist

Retentionist: those who support retaining or reinstituting capital punishment

Abolitionist: those who oppose capital punishment

““Speech in Favor of Capital Speech in Favor of Capital Punishment”Punishment”

John Stuart MillJohn Stuart Mill

Utilitarian argument in support of capital punishment

Capital punishment is more humane than life in prison

Well-run Courts of Justice address the criticism that innocent people might be executed

““A Life for a Life”A Life for a Life”Igor PrimoratzIgor Primoratz

Retributive argument in favor of capital punishment: eye-for-an-eye: justice: eye-for-an-eye: justice

Consequences of capital punishment: irrelevant for purpose of justification

Meets demand for proportionality between the offense and the punishment

But this does not justify using torture against a torturer Torture is absolutely wrong morally Torture is indecent, inhuman, degrading

““On Deterrence and the Death On Deterrence and the Death Penalty”Penalty”

Ernest van den HaagErnest van den Haag

Retentionist argument

Protection of society does not justify death penalty

Deterrence: psychological defense, even without data, to justify the death penalty

““Capital Punishment and Capital Punishment and Social Defense”Social Defense”

Hugo Adam BedauHugo Adam Bedau

Abolitionist

Analogy with self-defense does not justify capital punishment

Deterrence: no evidence that it deters murders

Moral principle: in the absence of data that capital punishment deters, we should use the less severe punishment