THE ULTIMATE PUNISHMENT: A DEFENSE, by Ernest van den Haag
A Pro Death Penalty Argument, by Justice For All ... and see my response Here (POWERPOINT FILE)
The following are slideshow
presentations
prepared for The Death Penalty class at ASU.
The first deals with retribution,
the second with deterrence and incapacitation.
These are the three main
justifications
for capital punishment.
#1: Retribution
(POWERPOINT
FILE) UPDATED
FALL 2007
#2: Deterrence
(POWERPOINT FILE) UPDATED
FALL 2007
#3: Incapacitation
(POWERPOINT
FILE) UPDATED
FALL 2007
As you will see, these
slide
shows demonstrate the following facts:
1) vengeance
is
a raw, human emotion that is normal in family members of murder
victims,
but it can never be used to justify a public policy given that policies
are supposed to be based on reason and empirical science.
Additionally,
the state is technically/legally the victim when a crime occurs and is
incapable of feeling vengeance. A careful analysis of the entire
Bible, taking the whole Bible in its historical context, does not
provide
a mandate for capital punishment, even for murderers.
2) retribution
is a state sponsored, rational response to criminality that is
justified
given that the state is the victim when a crime occurs. The
government
is justified in pursuing justice when it is harmed in order to
re-balance
the scales of justice that were tilted to the benefit of the offender
when
he or she broke the law. In reality, however, the death penalty
does
not generally achieve retribution because it is so rarely applied to
murderers
(less than 2% of aggravated murderers are sentenced to death and FAR
LESS
than 1% of all killers are sentenced to death);
3) deterrence
is
the notion that by administering punishment to offenders, the state can
cause fear in both the offender (special or specific deterrence)
and in others (general deterrence) so that they will not want to
commit crimes in the future. Obviously, capital punishment cannot
achieve special or specific deterrence because once the offender is
dead,
he or she cannot be afraid of future punishment. The available
scientific
evidence with regard to general deterrence suggests that the death
penalty
is not a deterrent to murder and cannot be for the simple reason that
the
most important element of punishment is missing -- certainty.
Punishment must be certain in order to deter, whereas the
administration
of the death penalty is so rarely applied and so unlikely to be applied
to any individual that to even suggest that the death penalty is a
general
deterrent is a very weak claim.
For more, see this
page on deterrence.
4) incapacitation
means
taking away a person's freedom so that he or she cannot commit another
crime. The typical form of incapacitation is incarceration (in a
jail, prison, etc.). The ultimate form of incarceration is
death.
As with retribution, this is a legitimate justification for the
administration
of punishment because the primary responsibility of government is to
protect
its citizens from harm, and one of the goals of our justice systems is
to reduce criminality. Unless you believe in reincarnation, you
will
agree that the death penalty achieves these objectives, but only for
those
few that we execute. Like with retribution, we generally do not
meet this
objective simply for the fact that the death penalty is so rarely
applied
(less than 2% of aggravated murderers are sentenced to death and FAR
LESS
than 1% of all killers are sentenced to death).
The conclusion seems to be
that
we have some legitimate reasons to pursue the death penalty IN
THEORY,
but IN REALITY,
we do not meet these above
objectives.
In other words, the practice of capital punishment in the United States
does not meet its goals. We simply do not achieve the objectives
we set out
to achieve, thus a fair assessment of this policy is that it is not
sustainable
as currently practiced.
So, what are our options? .... I see two possibilities: 1) use capital punishment MORE or 2) DO NOT USE capital punishment at all. Given the ruling by the U.S. Supreme Court in Woodson v. North Carolina (1976) that mandatory death for all murderers in not permissible, we cannot kill them all! For more, see this page on the case.
So, how do we kill more in
order
to achieve our objectives? Prosecutors do not seem willing to
seek it, juries are unwilling to impose it, and states are unable to
pay for it.
Of course, the fact that
the death penalty does not meet its goals is only half of the
story. There are also alleged serious problems with the
administration of the death penalty in the United States. For more on these alleged
problems,
see this
page
on alleged problems with the death penalty.