Justice, Crime, and Ethics by Braswell et al.--Chapter 12 Capital Punishment

1. CAPITAL Punishment JCE Chapter 12

2. From Last Class… The justification of punishment differs for different ethical theories. Deontological  Retribution Utilitarian  Deterrence Care Ethics  Restorative/Rehabilitation Police Sub-culture  Incapacitation

3. …To this class The justification of CAPITAL punishment differs for different ethical theories. Deontological  Retribution Utilitarian  Deterrence Care Ethics  Restorative/Rehabilitation Police Sub-culture  Incapacitation

4. Forms of CAPITAL Punishment

5. Current Practices in US

6. Current Practices in US: Problem

7. CAPITAL Punishment Comparison

8. CAPITAL Punishment Practice

9. Philosophical Justification The justification of CAPITAL punishment differs for different ethical theories. Deontological  Retribution Utilitarian  Deterrence Police Sub-culture  Incapacitation

10. Philosophical Justification The justification of CAPITAL punishment differs for different ethical theories. Deontological  Retribution Utilitarian  Deterrence Police Sub-culture  Incapacitation

11. Utilitarian  Deterrence If one person is shown as paying the ultimate price for their crime, then other criminals will be less likely to commit related crimes. Deterrence is an empirical consequence. For deterrence to be justified under utilitarianism, it must be shown to deter.

12. Utilitarian  Deterrence From Sellin, 1980

13. Utilitarian  Deterrence

14. TEXAS!

15. TEXAS!

16. Philosophical Justification The justification of CAPITAL punishment differs for different ethical theories. Deontological  Retribution Utilitarian  Deterrence Police Sub-culture  Incapacitation

17. Deontological  Retribution Argument: By deliberately causing an innocent person’s death, the murderer has rendered himself guilty and deserving of death.

18. Deontological  Retribution Problem: Death for Death? No Equity in CAPITAL Punishment. “But what is capital punishment if not the most premeditated of murders, to which no criminal act, no matter how calculated, can be compared? If there were to be a real equivalence, the death penalty would have to be pronounced upon a criminal who had forewarned his victim of the very moment he would put him to a horrible death, and who, from that time on, had kept him confined at his own discretion for a period of months. It is not in private life that one meets such monsters (25).” -Camus

19. Philosophical Justification The justification of CAPITAL punishment differs for different ethical theories. [Deontological  Retribution] ?? Utilitarian  Deterrence Police Sub-culture  Incapacitation

20. Police Sub-culture  Incapacitation A criminal will not recommit their crime if they no longer are living.

21. Police Sub-culture  Incapacitation PROBLEM: Mistakes!

22. Police Sub-culture  Incapacitation PROBLEM: Mistakes!

23. Police Sub-culture  Incapacitation PROBLEM: Discrimination!

24. Philosophical Justification The justification of CAPITAL punishment differs for different ethical theories. [Deontological  Retribution] ?? Utilitarian  Deterrence [Police Sub-culture  Incapacitation]???

25. Final Appeal for CAPITAL Punishment? • Some on Death Row feel their death is just. • Passarowas executed for the 1998 death of his daughter. Passaro was in a custody dispute with his second wife in November 1998 when he doused his van with gasoline, strapped 2-year-old daughter Maggie inside and then sat down in his car before lighting it on fire. However, before the fire could consume him, Passaro jumped out of the car but left Maggie to die.Passaropleaded guilty to murder in 2000 and requested — and received — the death penalty. Passaro did not, and never wanted, to appeal his guilty plea, and rejected his attorneys' attempts to help him. • http://www.goodbyewarden.com (last words of executed inmates)