PHIL 2306 Final SHSU Clune

1) Is the death penalty consistent with "current standards of decency" (Unusual)?
2) Does the death penalty serve reasonable social purposes? (Is it good for society: utilitarian) 3) Is the death penalty excessive (cruel)?

Yes (35 states, Juries)

Yes, Retribution: deserved punishment, stops vigilantism
Deterrence

No, Extreme punishment reserved for extreme crime

1) Is the Death Penalty an excessive punishment?
2) Does Death Penalty conflict with society's standards of decency (unusual)?

Yes,
Retribution is excessive: It is a total denial of the person's human dignity, which the 8th amendment disallows; No evidence that "life in prison" will lead to vigilantism
As a deterrent the Death Penalty is excessive: No evidence that it's a deterrent (Not needed = excessive)

A truly informed society would say 'yes.' So it would be unusual.

Bet #1: Death Penalty deters and instate it.
Bet #2: Death Penalty does not deter and do not instate.

1) It does deter and instate it (Kills murderers and saves innocents)
2) It does not deter and instate it (Kills murderers w/o reducing murder rate)

1) It does deter and do not instate (Saves murderers, but more innocents are killed)
2) It does not deter and do not instate (Kills no murderers and does not increase murder rate)

Innocent lives being killed

Killing murderers while admittedly getting no deterrent effect (Van Den Haag's choice)

1) We don't know whether death penalty deters, so we don't know for sure whether it saves innocent lives
2) We know that many people on death row are innocent, so instating does risk innocent lives
3) Evidence is much stronger that having the death penalty risks innocent lives than not having the death penalty
4) Therefore, Van Den Haag ought to be against the death penalty if he's worried about saving innocent lives

1) When the victim is white:(a) defendant more likely to receive death penalty that if the victim is black (b) higher probability if killer is black (Kentucky)(c) District Attorneys were six times more likely to seek death penalty (Georgia 1976-1990)
2) Geographical: Some states do not have the death penalty
3) Decade: Punishments different for like crimes in different times in history

- Maldistribution does not matter
- Suppose that some escape Capital Punishment for whatever reason, at least we gave some what they deserved, Death.