The Death Penalty

Paper Summary:

The paper discusses the death penalty and makes several cogent arguments for its abolishment. The paper contends that, from the point of view of the judicial system, the death penalty is an anachronism, and cannot be assumed to be "humane" or "dignified" in any circumstance. The paper further argues that, in terms of proportionality, there is no compelling reason to include death in the catalogue of sanctions. In addition, the paper asserts that, rather than enforcing social bonds, criminal punishment can build only a very superficial and fragile sense of togetherness, and is questionable whether the symbolical inclusion of the death penalty can reinforce that bond. The paper concludes that the death penalty is inconsistent with the goals of the criminal-justice system.

From the Paper:

"There is a general notion of a social aspect of human nature. In addition more specific social bonds are created by moral norms. When these are recognized by the law they acquire the status of legal bonds. At this level the notion of social bonds becomes relative and depends on the prevailing values of each particular form of society. In authoritarian forms of society, the overriding value is obedience to the state; other values are subordinate. In the totalitarian penal codes, the most serious crimes are against the state. The subordination of the values of life to the integrity of state power explains the frequent use of the death penalty in such societies. Even crimes against the person are viewed as crimes against the public administration."

Sample of Sources Used:

• Bailey, W. C. (1990). Murder, capital punishment, and television execution publicity and homicide rates. American Sociological Review, 55, 628-633.
• Bohm, D (1996) Unfolding Meaning: A Weekend of Dialogue with David Bohm. New York: Taylor & Francis Ltd
• Bowers, W.J. (1988). The effect of execution is brutalization, not deterrence. In K.C. Haas and J.A. Inciardi (Eds.). Challenging capital punishment: Legal and social science approaches (49-90). Newbury Park, CA: Sage.
• Costanzo, M. (1997). Just revenge: Costs and consequences of the death penalty. New York: St. Martins Press.
• Liebman, J. S., Fagan, J., & West, V. (2000). A broken system: Error rates in capital cases, 1973-1995. [On-line]. Available: www.TheJusticeProject.org

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