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Van den Haag on Capital Punishment
(in James White textbook, 9th ed)
Five standard objections to capital
punishment:
- Maldistribution -- this punishment is
applied in an unfair way (minorities and men receive it
disproportionately)
Response: This does not challenge capital punishment. If the person
receiving it deserves it, then no wrong is done to that person.
Instead, the wrong is that others who deserve it didn't get the
same; the way to address this wrong is to execute more people.
- Miscarriages of Justice -- many
innocent people are killed
"Sauce for the goose" response: innocent people are
punished with EVERY form of punishment, so this is not an objection
to capital punishment. It's an objection to ALL punishment. Provided
we do not intentionally execute the innocent, and take reasonable
steps to prevent their being punished, no wrong is done.
- Lack of deterrence -- it does not
reduce the crime rate more than simply locking them up (See Reiman's
response)
While it would be wrong to use capital punishment if the
counter-deterrent effect outweighs the deterrent, not having
is likely to have a counter-deterrent effect, since common sense
tells us that people fear execution more than incarceration.
- Incidental harms -- it has harmful
consequences, e.g., high financial cost, undeserved suffering of
those awaiting execution, & legitimatization
The importance of doing justice makes these objections pointless.
Of these side effects, the only relevant one is the idea that
executions legitimize or endorse killing, sending the wrong message
to society. But "sauce for the goose": if killing is
counter-deterrent in some ways, then so is imprisonment; if this
were an argument against capital punishment, it would also be an
argument against prisons, and against fines.
- Inherently degrading -- It denies the
humanity of the person executed, & violates the same right to
life that is the basis for punishing the person.
Those who impose execution do not degrade those who are executed, for the guilty person volunteers for
punishment: they literally choose it for themselves, and so any
degradation is self-inflicted. (This claim
requires that the punishment is for a crime and a corresponding
punishment clearly recognized in the law. Preannouncement
is necessary to justify retribution.)
It is not degrading if it is used to make the guilty person aware
of their wrongdoing. We are affirming their personal responsibility. (This point prohibits us from executing
children, the mentally impaired, and others who cannot understand
the situation.)
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