The case against the American death penalty
This chapter makes the case against the American death penalty. It begins by differentiating utilitarian and retributive arguments and examining them as a basis for public and expert opinion on capital punishment. It goes on to reject utilitarian arguments for the penalty, arguing that it has neglig...
| Main Author: | |
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| Format: | Print Article |
| Language: | English |
| Published: |
2024
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| In: |
The Elgar companion to capital punishment and society
Year: 2024, Pages: 7-16 |
| Online Access: |
Volltext (lizenzpflichtig) |
| Check availability: | HBZ Gateway |
| Keywords: |
| Summary: | This chapter makes the case against the American death penalty. It begins by differentiating utilitarian and retributive arguments and examining them as a basis for public and expert opinion on capital punishment. It goes on to reject utilitarian arguments for the penalty, arguing that it has negligible deterrence effects, that the conditions under which deterrence is achievable are intolerable, that brutalization effects are significant, that the incapacitation argument is unjustified, and that the penalty is cost-ineffective. It continues by showing flaws in the retributive argument, with an emphasis on wrongful convictions. It goes on to show the system’s arbitrariness, with an emphasis on race and regional disparities. The chapter concludes by showing how the Court’s failure to require specificity in aggravating factors and to limit their number has led to high rates of death eligibility and a failure to meet Furman and Gregg’s mandate of reducing arbitrariness. These factors, in combination with poor representation, have led to a system that randomly selects poor people of color for execution. |
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| Item Description: | Literaturverzeichnis: Seite 15-16 |
| ISBN: | 9781803929149 |
| DOI: | 10.4337/9781803929156.00007 |
