CRJU 2010:

Justice and the Death Penalty

 What is the death penalty?
• Problem: lack of universal condemnation
• Two violations: right to life, right to be free
from cruel and inhumane punishment
• Your text argues that the
• DP is unnecessary
• DP is intrinsically irrational
 Death penalty in the US
Furman versus Georgia 1972:
– Death penalty suspended

Gregg versus Georgia 1976:

- Death penalty reinstated

DP constitutional if the determinations of guilt

and sentencing are separated

Coker versus Georgia 1976

-Death penalty unconstitutional for rape
 Death penalty around the world
Abolished for all crimes: 75 nations
Abolished for ordinary crimes: 13
Defacto abolished: 20
Retained: 87 nations including
• China, Congo, United States
• China: more than 1000 per year
 Execution methods
• Beheading: Guillotine; executioner’s axe
• Hanging
• Firing squad
• Electrocution
• Gas chamber
• Lethal injection
• China- single shot to the back of the head
Understanding the death penalty
Political Rationale for DP-
– Democracies-public support
– Authoritarian states- maintaining social order,
protecting national interests
Economic dimension-
cheaper then imprisonment
Religious dimension
advocated in several sacred texts
 Trends toward abolition?
• Global trend: toward abolition

• Absolute frequency of executions: seems

to counter abolition
• China Iran Nigeria Saudi Arabia: more
frequent executions in late 20th century
 Is the death penalty a deterrent?
• General deterrence: death penalty will
discourage potential murderers
• Utilitarian: serves the greater good acting
as a deterrent
 Criticisms of deterrence theory
1- Sacrifices one person for the benefit of others;
means and calculation
2- Life is precious; worth saving at all costs;
• That’s why deterrence is useful
• But is the threat of execution real?
3- Misunderstands human behavior
Assumes murder is rational, calculated
Most murderers: close to the victim; that’s the
reason; diminished capacity
 Criticisms of deterrence (cont)
4- “Statistics show that executions do not
deter”
The brutalization effect of the death penalty:
glorification of violence
Encourages violence
Does more harm than good(Neo-utilitarian)
 Deterrence a function of
Three conditions:

1- Certainty that punishment will be meted

out
2- Punishment must be proportionate to the
crime
3- The punishment must be meted out co-
terminous with the verdict
 Specific deterrence
• Means to prevent the killer from killing
again
• CP does this
• Sacrifices killer’s life for the protection of
the innocent
• Two problems:
1- punished not just for the crime committed
but for future crimes they may or may not
commit
2- most murderers will not kill again anyway
 Justice and Retribution
• Retribution: punishing murder because it is
morally wrong (mal en se crime)
• Retribution: balancing out a level of social
justice
• Just desserts:
1- redress the wrongs suffered by the
innocent victim
2- provide redemption for the offender;
offender has right to punishment to atone
for his crime
 Retribution (continued)
• Is not revenge; does not require eye for an
eye
• Does not require the rape of rapists or the
beating of those who commit assault and
battery
• Similarly: does not require serial
murderers to be executed more than once
or executed by the method they executed
their innocent victims
 Other criticisms of capital
punishment

• Racist in its application

• Discriminates against the poor; compounded by

adequate legal representation

• Is irrevocable
 The experience of death row
• Enforced idleness
• Repressive custodial restrictions
• Substandard living conditions
• Isolation from humans
• Rehabilitation not part of the experience
• Depression, physical and mental
deterioration
• Dehumanization to the end
 Medical involvement
• Acceptable forms of medical involvement
in DP

• Forensic expertise/benefits
• Examining accused/presenting evidence
• Routine medical care
• Psychological/psychosomatic crisis care
• Certifying death
 Medical involvement
Unacceptable forms:
• Facilitating execution
• Tranquilizing/restraining prisoner
• Witnessing execution
• Examination during execution to pinpoint
moment of death
• Recommending further applications of
lethal agents is prisoner not dead
 Medical involvement
Controversial forms of involvement:
• Predicting prisoners future dangerousness
in determining whether to execute
• Assessing fitness for execution
• Providing treatment to make prisoner for
execution
 Interesting connections: medicine
and executions
• Physician invented guillotine
Dr. Guillotine
• Dentist invented the electric chair
Alfred Southick