1. Capital Punishment

2. Against capital punishment Rights-based Arguments –A person has a right to life others shouldn’t kill him/her –People have a right to life –So, it is wrong to kill a person— no matter what that person has done. –What if the person has killed others? There is no proportionality— the death penalty is distinctively cruel

3. Kantian Arguments The death penalty degrades human dignity –Severity –Psychological suffering –Physical suffering –Denial of humanity— loss of right to have rights

4. Kantian Arguments The death penalty is often arbitrary –Infrequent –Unpredictable –Racially biased –Historically, states are far more dangerous than individuals (Camus)

5. Kantian Arguments Retribution? –Vengeance: emotion, not rational reason –Desensitizes us to violence and savagery –Retribution degrades the dignity of humanity as a whole

6. Utilitarian Arguments The death penalty is unnecessary We can keep people is prison— life without possibility of parole Deterrence –Not clear: assumes rationality –Statistical evidence unclear –Few murderers ever murder again

7. Utilitarian Arguments The death penalty is final; further information could show that the convicted person is innocent –In Illinois, in the past 20 years, 10 people have been released from death row after having been found innocent –How many innocent people have died?

8. Utilitarian Arguments The death penalty is expensive –Appeals are lengthy –Appeals need to be lengthy and careful, to avoid mistakes –Costs are high –More expensive than life imprisonment

9. For capital punishment The state may impose the death penalty If the right to life is a civil right: –What the state gives, it may take away (Rousseau)

10. Natural Rights If the right to life is a natural right: –Self-preservation => right to punish –In social contract, we do not surrender rights, but we do limit them –How much punishment? Locke:  Reparation  Restraint (deterrence)

11. Utilitarian Arguments The state should impose the death penalty Protection: remove threat to society Costs: imprisonment is expensive Deterrence: “to make the evil act a bad bargain for the offender, and to terrify others from doing the like” (Locke)

12. Deterrence Harsher punishment deters more Statistical evidence –Murder rate inversely proportional to execution rate –Some evidence that each execution saves 8 people Felony and stranger murders especially affected; if no death penalty, it pays to kill your victim, who is the chief witness

13. Deterrence If statistics are unclear: Forgoing death penalty risks innocent for the sake of the guilty (van den Haag) Special cases where there is no other effective deterrent: –Life prisoners –Spies –Murderers of police officers –Murder for hire

14. Kantian Arguments Retribution: some people deserve death Death penalty needed to preserve human dignity Nothing else shows adequate respect for the life of the victim