Death Penalty - Jeffrey Reiman

Exam 3

Main Argument

The death penalty is a just form of punishment, but it shouldn’t be used to have a “civilizing” effect on society because it shows mercy and that killing is always wrong

Retributivism

Wrongdoers should get what they deserve (their deserts)

Kant (Retributivism)

Because of Kant’s Formula of Humanity, we have to recognize the rationality of criminals and thus give them their deserved punishment

Shouldn’t give Lex Talionis for all crimes because it can corrupt (rape and torture)

Hegel

Lex talionis justified because it restores equality of human rights which was disrupted when a criminal does onto another person what he wouldn’t want done to himself (goes beyond given rights)

Objection and Reply 1

Objection: If death penalty is just why not give it

Reply: Mercy in tension with justice; Death penalty, like rape and torture as punishment, so see it is wrong (Kant)

Objection and Reply 2

Objection: If the death penalty makes society safer, shouldn’t we continue it? (VDH deterrence view)

Reply: Doesn’t justify rape and torture so not this either; Murderers already have their life-threatened (like gang violence) so one more thing won’t make a difference