NCJ Number
45831
Journal
Vital Speeches of the Day Volume: 43 Issue: 22 Dated: (SEPTEMBER 1, 1977) Pages: 677-682
Date Published
1977
Length
6 pages
Annotation
MORAL, ETHICAL, AND PHILOSOPHICAL/HISTORICAL CONSIDERATION OF THE USE OF CAPTIAL PUNISHMENT IS PRESENTED, AND TRADITIONAL JUSTIFICATIONS FOR ITS USE ARE CRITICALLY EXAMINED.
Abstract
THE BASIC REALITY OF CAPTIAL PUNISHMENT IS THAT IT IS A FORM OF LEGALIZED MURDER, THE HIDEOUSNESS OF WHICH IS IMPLICITLY RECOGNIZED IN STATE LAWS WHICH PROHIBIT PUBLIC VIEWING OR EVEN PHOTOGRAPHING OF EXECUTIONS. FURTHER, CAPTIAL PUNISHMENT DOES NOT MERELY PREMEDITATEDLY KILL PEOPLE, IT MAY ALSO KILL THEM IN ERROR. WHEN A FALLIBLE SYSTEM PERMITS THE KILLING OF AN INDIVIDUAL IN ERROR, OR BECAUSE HE IS BLACK, POOR, UGLY, SOCIALLY UNACCEPTABLE, OR MERELY UNLUCKY, THEN THE BURDEN OF JUSTIFYING CAPITAL PUNISHMENT MUST LIE FULLY AND HEAVILY ON ITS PROPONENTS. THE RETRIBUTION OR MORAL REINFORCEMENT ARGUMENT FOR CAPITAL PUNISHMENT IS BASED ON THE PRINCIPLE THAT A SEVERE CRIME WARRANTS A SEVERE PUNISHMENT. THIS IS BASICALLY THE EYE-FOR-AN-EYE PHILOSOPHY AND CANNOT SERVE AS A JUSTIFICATION; IT IS NO LONGER THE BASIS FOR LEGAL SANCTIONS. IF CAPITAL PUNISHMENT MAKES ANY MORAL STATEMENT, IT IS THAT HUMAN LIFE IS NOT SACRED AND MAY BE TAKEN WHENEVER ANYONE WITH SUFFICIENT POWER AND A COMPELLING PRAGMATIC REASON WISHES TO DO SO. ANOTHER JUSTIFICATION IS THAT CAPITAL PUNISHMENT PREVENTS THE MURDERER FROM COMMITTING THE SAME ACT AGAIN; LIFE IMPRISONMENT WITHOUT PAROLE, HOWEVER, CAN SERVE THIS SPECIFIC DETERRENT PURPOSE WITHOUT TAKING A HUMAN LIFE. A FINAL JUSTIFICATION PUT FORTH BY PROPONENTS IS THAT CAPITAL PUNISHMENT DETERS OTHERS FROM COMMITTING A SIMILAR CRIME. THE MAJORITY OF EMPIRICALLY SOUND STUDIES EITHER FOUND NO PROOF OF A DETERRENT EFFECT OR WERE INCONCLUSIVE. IN FACT, NUMBEROUS CASES EXITS WHERE THE MURDERER COMMITTED THE CRIME AS A FORM OF SUICIDE, I.E., EXPECTING AND WISHING TO RECEIVE THE DEATH PENALTY. THERE IS THEN NO EVIDENCE TO SUPPORT ANY OF THE JUSTIFICATIONS PUT FORTH FOR THE DEATH PENALTY. FURTHER, MOST OF THE CIVILIZED WORLD NO LONGER CONDONES SUCH A BARBAROUS LEGAL SOLUTION TO THE PROBLEM OF CRIME. AS A CIVILIZATION MATURES AND EVOLVES, IT DISCARDS SUCH SOLUTIONS FOR MORE DECENT AND HUMANE ONES. THERE WILL EVENTUALLY COME A TIME WHEN CAPTIAL PUNISHMENT IS PERCEIVED WITH THE SAME HORROR AND DISBELIEF WHICH WE TODAY ACCORD THE OLDER TRADITIONS OF CRUCIFIXION AND LIVE DISEMBOWELMENT. CAPITAL PUNISHMENT WILL BE FORSAKEN BECAUSE IT IS A SELF-DELUDING, SELF-DEFEATING, SELF-DEGRADING, FUTILE, AND ENTIRELY STUPID MEANS OF DEALING WITH MURDER. (JAP)