Ethical Dilemma

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Capital Punishment Annotated Bibliography

Kayla Ferrell

Chamberlain University

ETCH445N- Principles of Ethics

Professor Daniel Henke

Question 1

Because of numerous opposing viewpoints, the death sentence is a prominent issue of moral discussion.  When we look at this further, we can observe how a variety of personal and community circumstances influence its moral perspective. To begin with, we can see that there are still those who support the death sentence because they feel the offender deserves the death penalty for the offenses and crimes he or she has committed. The supporters and advocates of capital punishment argue that implementation of severe punishment can return the crimes and bring the ratio of crimes down. Therefore, it is considered a good tool for the police and prosecutors in a plea bargain to make sure that the convicted criminals can get capital punishment. In order to restrict them from offending again, usually, the death penalty for atrocious crimes, including serial killing, torture murders, or child murders, is pursued. Advocates of the death penalty claim that justice demands that the convicted criminals, especially those of heinous crimes, need to be sentenced to death as justice are when everyone is treated equally. It is an unjust gesture by the criminals who deliberately impose greater losses on the victims, and the victims or their families had to bear that loss. If the punishment given to the criminals is lower than those that the criminal has imposed on their victims, then it can be said that society is favorable to criminals. By giving them lighter punishments in contrast to the laws of victims would be unjust. 

While on the other side, more individuals raise their voices against the death penalty is made law. Many people believe that it is an out-of-date rule and declare this type of punishment in the category of violence and anti-humanism; therefore, this law should be abandoned. They think that there is no one who deserves to be murdered or executed regardless of the acts that they have done. The counterargument made by the advocates of the elimination of the death penalty or capital punishment says that it is inhuman and can be categorized as murder. They also claim that there is no evidence that suggests that the implementation of capital punishment has any effect in reducing crime.

The major disagreement in response to death penalty is frequently advanced on the moral basis of the society which has the moral duty to protect the society instead of execution of the any human life even if he is a crime. The execution of human life should only be allowed if it is considered crucial so that we can attain a balance between good or evil. Considering the importance of human lives and the moral values of society it is necessary to respect the value of human beings. Therefore, it is necessary to reject the notion of capital punishment (Santa Clara University, 2015).

Question 2

Through the lens of Kantian ethics, we can see how can and his followers would have seen it when we look at this sentence. Kant was one of the advocates and supporters of the death sentence because he believed that anybody who committed a crime, especially the heinous ones, should be met with equal punishment. In this way, they will achieve the results of their deliberate actions and will be set an example for others who have similar intentions. “Wrongdoers must be punished, and the punishment must fit the crime,” (Rachels, 2018). According to Kant, the capital punishment or death penalty is one of the most appropriate forms of punishment to be applicable to criminals because it is carried out with the intention of goodwill in mind. The main objective of the punishment is to make the criminals aware of their gestures and actions as wrong. Kant was a strong supporter of the death sentence, especially for the murders, as his views on the death penalty can be e understood in the paradigm of retributivism. In the days of Kant, capital punishments for ordinary throughout Europe and used for various crimes. But the viewpoints of Kant regarding capital punishment usually involve heinous crimes, e.g., murder. For example, in those days’ treason was considered a big crime for which there was no other punishment than and the death penalty. But Kant disagreed with these crimes because, according to him, no other crime is as big as murder; therefore, there should be other punishments as murder is the only crime for which the death penalty is considered as an appropriate punishment (Potter, 2012). 

Annotated Bibliography

Dezhbakhsh, H., & Shepherd, J. M. (2006). The deterrent effect of capital punishment: Evidence from a "judicial experiment." Economic Inquiry, 44(3), 512-535.

In this study, authors Dezhbakhsh & Shepherd (2006) explore the death sentence as an effective crime deterrent. To investigate the deterrent impact of capital punishment, panel data from 50 states were accumulated from the period of 1960 to 2000 through the process of judicial experiment. To continue this study, differences recording the timing and duration of Moratorium were examined in order to identify the murder rate before and after the changes in death penalty statutes. The findings of this study have revealed that capital punishment has a deterrent impact, and execution has the unique fact that adds to the deterrent effect free introducing the death penalty. According to the author of this article, there is no proof that capital punishment lowers or deters crime. This study discovered that increasing the death penalty has resulted in an increased ratio of crime. This article contributes to the research as it contains the crucial fact that the research is demonstrating that the implementation of capital punishment does not affect the crime ratio.

Barrile, L. G. (2015). I forgive you, but you must die: Murder victim family members, the death penalty, and restorative justice. Victims & Offenders, 10(3), 239-269.

In this article, the author Barrile (2015) stated that the survivors of Murder victims and their families discuss how they choose to forgive their killers while still supporting their execution. The study's author included 52 participants who were the survivors of the murder victims and their families to find out how they felt about the death penalty to the accused. Regardless of the perpetrator's remorse, the author believes the victim's campaign for the death sentence out of concern that they would do it again. The results of this study indicated that most of the survivors supported the death penalty and rejected the remorse. At the same time, a few of them decided to forgive the offender and empathize with their friend’s family or short the signs of ambivalence regarding the death penalty. The findings suggested that the ‘forgive but die’ sentiment became the most common narrative of the survivors, which helped them to overcome their negative feelings. I think this article will help because it goes to explains the point I started in my previous paper; who can give their view on capital punishment until they have been faced with the situation. While few do believe in remorse, most would accepting of the death of another that caused them so much pain.

Howe, S. W. (2020). Atoning for Dred Scott and Plessy While Substantially Abolishing the Death Penalty. Wash. L. Rev., 95, 737.

This study is significant because it highlights the need to eliminate the death penalty due to its discriminatory nature. This thesis is compelling, and it clearly identifies the racial prejudice linked with the death sentences among the accused. The findings of this study state that the courts have failed to protect minorities, especially the rights of African Americans. Just like the stereotypical approach utilized by common people, the court also views the African Americans as second-class citizens and usually backs white Supremacy showing discrimination. This study is valuable since it discusses the failure of the courts to recognize the equality and rights of African Americans.  It also shows different past mistakes which the courts had made in this manner. This study achieves its goals by giving arguments against the death penalty and declaring it to be discriminatory. When compared to incarceration, the author of the study claims that capital punishment has minimal benefits. This study is possessive since it backs up its assertion with pertinent cited material. In this article, the examination and Thoreau literature review of different secondary sources, including journals and court records, has been done, which backs up the present real-life examples of systemic racism and capital punishment.

Cassell, P. G. (2000). We’re Not Executing the Innocent.”. Wall Street Journal, 16.

The author of this article gives arguments in favor of the death sentence, which is evident from the title that we are not executing the innocent. It depicts that the execution is for the criminals who have done things that deviate from the norms and laws of our society. For the run of this article, the author has made arguments by refuting the allegations made by the opponents of capital punishment that innocent people are executed unjustly. The author explains the reasons by citing proper statistics as to why the convicted murderers should be executed or should go through capital punishment. The statistical citation provides the numbers of previously convicted converts who are presently serving time for homicide. In this article, the author also quoted the examples of Supreme Court Judges and their feelings regarding the implementation of death sentences and their legal status in all states. This article will be very helpful in making an argument regarding the implementation of capital punishment, and it can be used to refute and the death penalty allegations of unfair executions. This article will be beneficial to the agreeing side of the argument, while the opposing side is scared of killing innocent people.

Ehrenfreund, M. (2014, April 30). There’s still no evidence that executions deter criminals. The Washington Post. https://www.washingtonpost.com/news/wonk/wp/2014/04/30/theres-still-no-evidence-that-executions-deter-criminals/

In this article, the author rights how the lack of proof edits criminals. Despite the fact that criminologists have conducted significant research on the subject, there is no evidence that capital punishment returns the crime. Even if capital punishment and other severe punishments are enabled, it does not cause any impact on the criminal’s behavior. Throughout the studies, various statistical values are applied and evaluated in order to identify any change in the criminal behavior or reduction in crimes, but it does not affect that graph. The author claims that whether the criminals are subjected to the death penalty or they are released from capital punishment has no effect on their behavior. The criminals are constantly continuing their criminal activities. According to the evidence, the question of whether or not they will be in court is more important than what will happen subsequently. Due to lack of proof, various criminals are not arrested, posing no effect on the declaration of capital punishment. I think that while it is a good way to try and deter people from committing a crime, there are a lot more things out there that can scare people into stopping.

References

Barrile, L. G. (2015). I forgive you, but you must die: Murder victim family members, the death penalty, and restorative justice. Victims & Offenders, 10(3), 239-269.

Cassell, P. G. (2000). We’re Not Executing the Innocent. Wall Street Journal, 16.

Dezhbakhsh, H., & Shepherd, J. M. (2006). The deterrent effect of capital punishment: Evidence from a “judicial experiment”. Economic Inquiry, 44(3), 512-535.

Ehrenfreund, M. (2014, April 30). There’s still no evidence that executions deter criminals. The Washington Post. https://www.washingtonpost.com/news/wonk/wp/2014/04/30/theres-still-no-evidence-that-executions-deter-criminals/

Howe, S. W. (2020). Atoning for Dred Scott and Plessy While Substantially Abolishing the Death Penalty. Wash. L. Rev., 95, 737.

Potter, N. T. (2012). Kant and capital punishment today.

Santa Clara University. (2015). Capital Punishment: Our duty or our doom? https://www.scu.edu/ethics/focus-areas/more/resources/capital-punishment-our-duty-or-our-doom/