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Defending the Death Penalty

NCJ Number
74969
Journal
Crime and Delinquency Volume: 26 Issue: 4 Dated: (October 1980) Pages: 503-511
Author(s)
W Berns
Date Published
1980
Length
9 pages
Annotation
Focusing on modern moral objections to the death penalty, this article discusses the efficacy of capital punishment as an indicator of society's outrage at particularly heinous crimes and asserts its use as a valid retributive function.
Abstract
Retribution is a legitimate goal of punishment. By punishing the criminal, the law satisfies this goal and teaches that the law must be obeyed. This promotes respect for things, such as human life, that the criminal has violated. From retribution comes the principle that the punishment should fit the crime, and the only punishment that fits some crimes is capital punishment. Respect for human life requires respect for the laws forbidding the taking of human life. Respect for those laws can be inspired by inflicting the death penalty for violation of them. Use of the death penalty, however, must be restricted to nondiscriminatory application to the worst criminals. To illustrate these views, two literary works dealing with murders are discussed: Shakespeare's 'Macbeth' and Camus 'l'Estranger.' Footnotes are included. (Author abstract modified).

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