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Jeffrey Reiman on Capital Punishment
(in James White text)
Reiman's Problem: While evil gives
us the right to punish the wrongdoer with retribution, does it follow
that we should act on this right?
The Kantian idea of respect for
persons: Always treat persons as ends, never as mere means.
To treat a person as ends, we respect the
ends they choose for themselves (but we never respect their decision to
treat another person as mere means). The whole point of punishing a
person is to make a statement to that person.
The Resulting Conflict: By their
choices, each person authorizes similar action directed at themselves by
others.
However, to authorize is not the same as
to compel.
Sometimes an evil choice authorizes others to
do to them what we neither choose to do nor should permit them to do to
others - in practical terms, respecting another person with retribution
will authorize an action that dehumanizes the person doing the
punishing. Example: If we're civilized, we don't want to torture
people, so we should not be compelled by a person who tortures a victim
into our becoming torturers. We should have the right to substitute a
more humane (yet serious) punishment.
Reiman's solution: Pursue the most
humane punishment while retaining proportional substitution of severity,
provided there is no reduction of deterrence. Civilized people look
for a more humane way to make a statement to the guilty person.
(He is proposing that we use proportional retribution
instead of lex talionis.)
Additional problem: do executions deter
murder?
If a more humane or "civilized" punishment makes life
more dangerous for ourselves and others, then it is morally wrong to be
more humane. (TOO LITTLE punishment communicates that we do not think
that the wrongdoing is serious, and we will encourage more of it. But it
is wrong to encourage more of it.) So,
does being humane with murderers take away a deterrence that we have a
right to employ? We have no good
statistics to say that executions deter more than life sentences, and here are four additional
reasons not to think it does:
- Anyone who is worried about being
punished is just as likely to be deterred by life in prison as by
execution.
- Each year, more criminals are killed
by policemen while being arrested than are executed. If this does
not deter criminals, why would the lower risk of delayed death?
- If criminals are not coldly
calculating their odds, then proponents of executions must think
that some general message has deterrence power. But if that
is true, then there will also be a counter-balancing general message
by not executing, a message of respect for life. This should save
lives.
- If common sense says that #1 is wrong,
and executions deter more than life (because most criminals who face
death try to get a life sentence, instead), then brutal torture
before execution is even harsher. So anyone who wants executions
should also want torture. But this would be wrong!
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