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Wednesday, March 27, 2013

Flanders on the Death Penalty

Flanders chadChad Flanders (Saint Louis University - School of Law) has posted The Case Against the Case Against the Death Penalty (New Criminal Law Review, Forthcoming) on SSRN. Here is the abstract:

Despite the continuing belief by a majority of Americans that the death penalty is morally permissible, the death penalty has few academic defenders. This lack of academic defenders is puzzling because of the strong philosophical justification the death penalty finds in traditional theories of punishment. The three major theories of punishment (the deterrent, the retributive, and the rehabilitative), far from showing that the death penalty is not justified, tend to provide good reasons to favor of the death penalty. Indeed, every attempt to show that the major theories of punishment rule out the death penalty either involves smuggling in other assumptions that are not intrinsic to the theory of punishment or puts into question that theory’s ability to serve as a theory of punishment in general. Punishment theory provides little basis for sound arguments against the death penalty. Perhaps one could mount a better attack on the death penalty using ideas outside of punishment theory, such as “dignity,” “decency” or “civilization,” but so far, the death penalty's opponents have not met their burden of persuasion.

http://lawprofessors.typepad.com/crimprof_blog/2013/03/flanders-on-the-death-penalty.html

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Flanders is dead right.

Many professors have, quite simply, just acted as anti death penalty activists.

The Death Penalty: Justice and Saving Innocent Lives
Dudley Sharp

The death penalty has a foundation in justice and it spares more innocent lives.

Anti death penalty arguments are either false or the pro death penalty arguments are stronger.

The majority populations of all countries, likely, support the death penalty for some crimes (1).

Why? Justice.

THE DEATH PENALTY: SAVING MORE INNOCENT LIVES

The Innocent Frauds: Standard Anti Death Penalty Strategy
and
THE DEATH PENALTY: SAVING MORE INNOCENT LIVES
http://prodpinnc.blogspot.com/2013/04/the-innocent-frauds-standard-anti-death.html

OF COURSE THE DEATH PENALTY DETERS: A review of the debate
http://prodpinnc.blogspot.com/2013/03/of-course-death-penalty-deters.html

MURDERERS MUCH PREFER LIFE OVER EXECUTION
99.7% of murderers tell us "Give me life, not execution"
http://prodpinnc.blogspot.com/2012/11/life-much-preferred-over-execution.html


MORAL FOUNDATIONS FOR THE DEATH PENALTY

1) Immanuel Kant: "If an offender has committed murder, he must die. In this case, no possible substitute can satisfy justice. For there is no parallel between death and even the most miserable life, so that there is no equality of crime and retribution unless the perpetrator is judicially put to death.". "A society that is not willing to demand a life of somebody who has taken somebody else's life is simply immoral."

2) Pope Pius XII; "When it is a question of the execution of a man condemned to death it is then reserved to the public power to deprive the condemned of the benefit of life, in expiation of his fault, when already, by his fault, he has dispossessed himself of the right to live." 9/14/52.

3) John Murray: "Nothing shows the moral bankruptcy of a people or of a generation more than disregard for the sanctity of human life." "... it is this same atrophy of moral fiber that appears in the plea for the abolition of the death penalty." "It is the sanctity of life that validates the death penalty for the crime of murder. It is the sense of this sanctity that constrains the demand for the infliction of this penalty. The deeper our regard for life the firmer will be our hold upon the penal sanction which the violation of that sanctity merit." (Page 122 of Principles of Conduct).

4) John Locke: "A criminal who, having renounced reason... hath, by the unjust violence and slaughter he hath committed upon one, declared war against all mankind, and therefore may be destroyed as a lion or tyger, one of those wild savage beasts with whom men can have no society nor security." And upon this is grounded the great law of Nature, "Whoso sheddeth man's blood, by man shall his blood be shed." Second Treatise of Civil Government.

5) Jean-Jacques Rousseau: "In killing the criminal, we destroy not so much a citizen as an enemy. The trial and judgments are proofs that he has broken the Social Contract, and so is no longer a member of the State." (The Social Contract).

6) Saint (& Pope) Pius V: "The just use of (executions), far from involving the crime of murder, is an act of paramount obedience to this (Fifth) Commandment which prohibits murder." "The Roman Catechism of the Council of Trent" (1566).

3200 additional pro death penalty quotes
http://prodpquotes.info/

REBUTTAL: Common Anti Death Penalty Claims

1) THE 142 "EXONERATED" FRAUD

a) The 130 (now 142) death row "innocents" scam
http://homicidesurvivors.com/2009/03/04/fact-checking-issues-on-innocence-and-the-death-penalty.aspx

b) The "Innocent", the "Exonerated" and Death Row
http://prodpinnc.blogspot.com/2013/03/the-innocent-exonerated-and-death-row_19.html

2) Saving Costs with The Death Penalty
http://prodpinnc.blogspot.com/2013/02/death-penalty-cost-saving-money.html

3) RACE & THE DEATH PENALTY: A REBUTTAL TO THE RACISM CLAIMS
http://prodpinnc.blogspot.com/2012/07/rebuttal-death-penalty-racism-claims.html

4) "The Death Penalty: Neither Hatred nor Revenge"
http://homicidesurvivors.com/2009/07/20/the-death-penalty-neither-hatred-nor-revenge.aspx

5) The Death Penalty: Mercy, Expiation, Redemption & Salvation
http://prodpinnc.blogspot.com/2013/06/the-death-penalty-mercy-expiation.html

6) "Killing Equals Killing: The Amoral Confusion of Death Penalty Opponents"
http://homicidesurvivors.com/2013/02/19/murder-and-execution--very-distinct-moral-differences--new-mexico.aspx

7) "The Death Penalty: Not a Human Rights Violation"
http://homicidesurvivors.com/2006/03/20/the-death-penalty-not-a-human-rights-violation.aspx
------

1) US Death Penalty Support at 80%: World Support Remains High
95% of Murder Victim's Family Members Support Death Penalty
http://prodpinnc.blogspot.com/2012/04/us-death-penalty-support-at-80-world.html

Much more, upon request. sharpjfa@aol.com

Posted by: Dudley Sharp | Sep 15, 2013 5:22:19 PM

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