The Death Penalty. Two sorts of arguments Argument from justice: the DP is/is never the just punishment for certain crimes Argument from consequences:

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Presentation transcript:

The Death Penalty

Two sorts of arguments Argument from justice: the DP is/is never the just punishment for certain crimes Argument from consequences: the DP is/is never the punishment that leads to better societal outcomes over time (e.g greater deterrence than alternative punishment)

The distribution of penalties Some people believe that because the DP is applied unequally (e.g. on racial grounds) it is wrong. Van Den Haag thinks this is wrong. If a penalty is just it remains just even if others are not treated equally

What about innocent executions? Van Den Haag admits that with the DP, innocent people are executed, but does not think this is a good argument against the DP Driving cars and riding in airplanes also cause accidental death, but we don’t stop these activities

“The infliction of a legal punishment on a guilty person cannot be unjust (p. 305) What makes a punishment just or unjust If any legal punishment is just, then how is the DP a better punishment than its alternatives?