slide1 l.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Death Penalty PowerPoint Presentation
Download Presentation
Death Penalty

Loading in 2 Seconds...

play fullscreen
1 / 24

Death Penalty - PowerPoint PPT Presentation


  • 263 Views
  • Uploaded on

Death Penalty. Outline. 1. Dead Man Walking. 2. The morality of punishment. 3. Death Penalty and Deterrence. 4. Death Penalty and Human Dignity. Outline. 1. Dead Man Walking. 2. The morality of punishment. 3. Death Penalty and Deterrence. 4. Death Penalty and Human Dignity.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Death Penalty' - jaden


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
slide1
Death Penalty

Soazig Le Bihan - University of Montana

slide2
Outline

1. Dead Man Walking

2. The morality of punishment

3. Death Penalty and Deterrence

4. Death Penalty and Human Dignity

slide3
Outline

1. Dead Man Walking

2. The morality of punishment

3. Death Penalty and Deterrence

4. Death Penalty and Human Dignity

slide4
Dead Man Walking

View of human beings

Views on Death Penalty

slide5
Outline

1. Dead Man Walking

2. The morality of punishment

3. Death Penalty and Deterrence

4. Death Penalty and Human Dignity

slide6
The Morality of Punishment

Four ways of justifying punishment:

Retribution

Deterrence

Rehabilitation

Reconciliation

DUTY THEORIES

UTILITARIANISM

slide7
The Morality of Punishment:

Utilitarianism

Punishment and making the world a better place for everybody concerned:

(U) Punishing a criminal is right because it has beneficial consequences, in particular, that fewer crimes will be perpetrated.

Conditions for a just – i.e. efficient – punishment:

(U1) Applied consistently

(U2) Applied quickly

Example: Cheating

slide8
The Morality of Punishment:

Duty Theory

Retribution and Respect:

(DT) Punishing a criminal is right because it is the only way in which we can respect her as a rational, autonomous agent

Two Principles for a just punishment:

(DT1) Punish only the guilty

(DT2) Punish in proportion to the offense: lex talionis

Ex: stealing

slide9
The Morality of Punishment:

Conclusion

 Application: to what extent is death penalty justified?

slide10
Outline

1. Dead Man Walking

2. The morality of punishment

3. Death Penalty and Deterrence

4. Death Penalty and Human Dignity

slide11
Death Penalty and Deterrence

The Facts

Facts: At best not conclusive:

- Social Studies: Some argue that it saves lives / Some argue that the number of capital crimes increases after an execution

- Checking for ourselves

Compare Canada / France and US

Compare North and South Dakota

 Whether or not death penalty serves as a good deterrent is far from clear

slide12
Death Penalty and Deterrence

The Arguments

Bedau:

A punishment is just, i.e. effective as deterrent, only if:

(U1) Applied consistently

(U2) Applied quickly

(U3) The crimes are deliberated

 What about cases involving death penalty?

slide13
Death Penalty and Deterrence

More Facts

(U1) violated: Unfair Distribution

Race / Gender / Wealth

(U2) violated: Extremely long procedures

And for good reasons!

(U3) violated: Most murders are not deliberated

Passion / Accident

 Death Penalty cannot be a good deterrent

Death Penalty is not right from a utilitarian point of view

slide14
Death Penalty and Deterrence

The Arguments

Van den Haag’s answer on unfair distribution:

That a punishment is unfairly distributed does not make the punishment unjust: It is always just to punish the guilty – Guilt is personal!

Van den Haag’s general answer on deterrence:

Admits that there is no conclusive evidence

But claims that this is not the point!

 Can Death Penalty be justified from a Kantian point of view?

slide15
Outline

1. Dead Man Walking

2. The morality of punishment

3. Death Penalty and Deterrence

4. Death Penalty and Human Dignity

slide16
Death Penalty and Human Dignity

The Argument

Van den Haag:

“Execution, when deserved, is required for the sake of the convict’s dignity”

Reminder: Two Principles for a just punishment:

(DT1) Punish only the guilty

(DT2) Punish in proportion to the offense: lex talionis

 How does Death Penalty do regarding such principles?

slide17
Death Penalty and Human Dignity

The Facts about Wrongful Convictions

Facts: 245 post-conviction DNA exonerations since 1989

slide18
Death Penalty and Human Dignity

The Arguments on Wrongful Convictions

Bedau:

Because errors are inevitable, we should not apply any irreversible punishment

Van den Haag’s answer:

SO BE IT!

The moral benefits will outweigh the cost of innocents’ being killed

 Van den Haag: some criminals deserve death penalty.

slide19
Death Penalty and Human Dignity

The Significance of the LexTalionis

Understanding the lex talionis: Two interpretations:

(I1) A scale of punishments, corresponding to a scale of offences

(I2) Exact pay back?

(I2) cannot be true:

Raping the rapist? Killing all the family members of the one who murdered the family of someone? Killing an entire community…?

 The Lex Talionis is about a SCALE, not about exact payback.

slide20
Death Penalty and Human Dignity

The Significance of the LexTalionis

What should be the upper limit of the scale?

Painful Death? Non-painful Death? Life sentence? 30 years? 20 years?

 Duty Theory does not tell us!

 Duty Theory does not justify death penalty

slide21
Death Penalty and Human Dignity

The Moral Integrity of the Executioners

Appeal to virtue ethics:

What kind of person do we want to be?

What kind of punishment makes us lose our moral integrity?

 There is no doubt that awful people deserve awful treatment. But what kind of punishment do we want to be responsible for?

slide22
Outline

CONCLUSION !

slide23
Conclusion:

Is Death Penalty morally right?

1. From the point of view of Utilitarianism:

There is no convincing evidence or argument that applying death penalty has beneficial consequences:

- Unfair distribution

- Slow procedures

- No premeditation most of the time

slide24
Conclusion:

Is Death Penalty morally right?

2. From the point of view of Duty Theory

Duty Theory does not support death penalty either:

- Problem of Wrongful Convictions

- Duty Theory justifies that a proportionate punishment be applied, but does not tell us about what the highest level punishment should be

Your call!