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Capital punishment is vengeance rather than retribution and, as such, is a morally dubious concept
The anticipatory suffering of the criminal, who may be kept on death row for many years, makes the
punishment more severe than just depriving the criminal of life
That's certainly true in the USA, but delay is not an inherent feature of capital punishment; some
countries execute people within days of sentencing them to death
Some people are prepared to argue against retribution as a concept, even when applied fairly.
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Deterrence
Capital punishment is often justified with the argument that by executing convicted murderers, we will deter
would-be murderers from killing people.
The arguments against deterrence
The statistical evidence doesn't confirm that deterrence works (but it doesn't show that deterrence
doesn't work either)
Some of those executed may not have been capable of being deterred because of mental illness or
defect
Some capital crimes are committed in such an emotional state that the perpetrator did not think about
the possible consequences
No-one knows whether the death penalty deters more than life imprisonment
Deterrence is most effective when the punishment happens soon after the crime - to make an analogy, a child
learns not to put their finger in the fire, because the consequence is instant pain.
The more the legal process distances the punishment from the crime - either in time, or certainty - the less
effective a deterrent the punishment will probably be.
Cardinal Avery Dulles has pointed out another problem with the deterrence argument.
Executions, especially where they are painful, humiliating, and public, may create a sense of horror that would
prevent others from being tempted to commit similar crimes...
...In our day death is usually administered in private by relatively painless means, such as injections of drugs,
and to that extent it may be less effective as a deterrent. Sociological evidence on the deterrent effect of the
death penalty as currently practiced is ambiguous, conflicting, and far from probative.
Avery Cardinal Dulles, Catholicism and Capital Punishment, First Things 2001
Some proponents of capital punishment argue that capital punishment is beneficial even if it has no deterrent
effect.
If we execute murderers and there is in fact no deterrent effect, we have killed a bunch of murderers. If we fail
to execute murderers, and doing so would in fact have deterred other murders, we have allowed the killing of a
bunch of innocent victims. I would much rather risk the former. This, to me, is not a tough call.
John McAdams: Marquette University, Department of Political Science
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Rehabilitation
Of course capital punishment doesn't rehabilitate the prisoner and return them to society. But there are many
examples of persons condemned to death taking the opportunity of the time before execution to repent, express
remorse, and very often experience profound spiritual rehabilitation.
Thomas Aquinas noted that by accepting the punishment of death, the offender was able to expiate his evil deeds
and so escape punishment in the next life.
This is not an argument in favour of capital punishment, but it demonstrates that the death penalty can lead to
some forms of rehabilitation.
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Prevention of re-offending
It is undeniable that those who are executed cannot commit further crimes.
Many people don't think that this is sufficient justification for taking human life, and argue that there are other
ways to ensure the offenders do not re-offend, such as imprisonment for life without possibility of parole.
Although there have been cases of persons escaping from prison and killing again, these are extremely rare.
But some people don't believe that life imprisonment without parole protects society adequately. The offender
may no longer be a danger to the public, but he remains a danger to prison staff and other inmates. Execution
would remove that danger.
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A Japanese argument
This is a rather quirky argument, and not normally put forward.
Japan uses the death penalty sparingly, executing approximately 3 prisoners per year.
A unique justification for keeping capital punishment has been put forward by some
Japanese psychologists who argue that it has an important psychological part to play in
the life of the Japanese, who live under severe stress and pressure in the workplace.
The argument goes that the death penalty reinforces the belief that bad things happen to
those who deserve it. This reinforces the contrary belief; that good things will happen to
those who are 'good'.
In this way, the existence of capital punishment provides a psychological release from
conformity and overwork by reinforcing the hope that there will be a reward in due time.
Oddly, this argument seems to be backed up by Japanese public opinion. Those who are
in favour currently comprise 81% of the population, or that is the official statistic.
Nonetheless there is also a small but increasingly vociferous abolitionist movement in
Japan.
From an ethical point of view this is the totallyconsequentialist argument that if
executing a few people will lead to an aggregate increase in happiness then that is a
good thing.