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The Death Penalty

The Death Penalty. Two sorts of arguments. Argument from justice: the DP is/is never the just punishment for certain crimes Argument from consequences: the DP is/is never the punishment that leads to better societal outcomes over time (e.g greater deterrence than alternative punishment).

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The Death Penalty

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  1. The Death Penalty

  2. Two sorts of arguments • Argument from justice: the DP is/is never the just punishment for certain crimes • Argument from consequences: the DP is/is never the punishment that leads to better societal outcomes over time (e.g greater deterrence than alternative punishment)

  3. The distribution of penalties • Some people believe that because the DP is applied unequally (e.g. on racial grounds) it is wrong. • Van Den Haag thinks this is wrong. If a penalty is just it remains just even if others are not treated equally

  4. What about innocent executions? • Van Den Haag admits that with the DP, innocent people are executed, but does not think this is a good argument against the DP • Driving cars and riding in airplanes also cause accidental death, but we don’t stop these activities

  5. “The infliction of a legal punishment on a guilty person cannot be unjust (p. 305) • What makes a punishment just or unjust • If any legal punishment is just, then how is the DP a better punishment than its alternatives?

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