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Consider Ethics: Theory, Readings, and Contemporary Issues
Third Edi(on Bruce N. Waller
Copyright © 2011 Pearson Education, Inc. All rights reserved.
Chapter 15
The Death Penalty
Copyright © 2011 Pearson Education, Inc. All rights reserved.
The Death Penalty • In effect in the U.S. and remains a fiercely debated topic
• Arguments for: – RetribuIon – Symbolic or expressive funcIon – Deterrent for future crime
• Arguments against: – Sends the wrong message – Cruel, unusual, and dehumanizing – Administered arbitrarily or in a biased manner – Based on a flawed system – leads to execuIon of innocents
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Copyright © 2011 Pearson Education, Inc. All rights reserved.
The Death Penalty Should Be Abolished
• Stephen B. Wright – Criminal law professor and human rights proponent
– President of the Southern Center for Human Rights
– WriQen extensively on why the U.S. should abolish the death penalty
– The Death Penalty Should Be Abolished
Copyright © 2011 Pearson Education, Inc. All rights reserved.
The Death Penalty Should be Abolished -‐ Wright
• Abandoning the death penalty in the U.S. is inevitable, as so many other naIons have done so
• Most Americans support the death penalty, but do not understand its realiIes
• Assessing the death penalty should not be based on abstract theories. Instead, we must analyze the states that employ it and assess those results.
Copyright © 2011 Pearson Education, Inc. All rights reserved.
The Death Penalty Should be Abolished -‐ Wright
• CriIcisms of the Death Penalty – Human rights violaIon
• Undermines the United States standing in the global community as a moral authority
– Arbitrary and unfair inflicIon • Race • Class • Poverty
– Innocent people are executed wrongly • DNA tesIng • The number of people exonerated in recent years
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Copyright © 2011 Pearson Education, Inc. All rights reserved.
The Death Penalty Should be Abolished -‐ Wright
• CriIcisms of the Death Penalty – conInued – Prosecutorial DiscreIon
• Decision-‐making role is taken from juries, even though they are the fact-‐finders in our system
– Racial Bias – IneffecIve assistance of counsel
• Bad lawyering leads to execuIons – More capital sentences for the disadvantaged
• Weakest and most troubled members of society
Copyright © 2011 Pearson Education, Inc. All rights reserved.
The Death Penalty is Morally LegiImate
• Louis P. Pojman (1935-‐2005) – Philosophy professor – Argued that the death penalty is morally permissible, because of:
• Its ancient roots • Its biblical Ies • Its deterrent effect • RetribuIon
– Why the Death Penalty is Morally Permissible
Copyright © 2011 Pearson Education, Inc. All rights reserved.
A Defense of the Death Penalty -‐ Pojman
• Support for the Death Penalty – RetribuIon
• Three proposiIons: – The guilty deserve to be punished – Only the guilty deserve to be punished – The guilty deserve to be punished in proporIon with the severity of their crime
• Appeals to our natural insInct for vengeance, while allowing for the restraint required in civilized society
• Reminds us that there are consequences for our acIons
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Copyright © 2011 Pearson Education, Inc. All rights reserved.
A Defense of the Death Penalty -‐ Pojman
• Support for the Death Penalty – conInued – Deterrence
• Deters would-‐be criminals from killing innocent people • StaIsIcs cannot tell us how many potenIal criminals were actually deterred by the death penalty
– However: » Criminals generally do not try to kill their captors, because of fear of the death penalty
» Criminals refrain from carrying deadly weapons during some kinds of crimes, because of fear of the death penalty
» Criminals have transported vicIms to non-‐death penalty states to avoid execuIon
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