Capital Punishment - Capital Punishment 1. Capital...

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Capital Punishment 24/10/2007 11:59:00 1. Capital Punishment: The Questions are there any crimes for which the penalty of death is fitting? if there are, what are they? How do we determine who is punished is the penalty of death consistent with our constitution? Can the death penalty be administered in a fair way? 2. Retention v. Abolitionism a. Retentionist arguments b. Desert (retribution, justice) - an eye for an eye, tooth for a tooth - some argue that there are some killers so bad they deserve to die - belief that a person deserves to die doesn’t entail that he state should kill him c. Social Utility - Idea that some good socially is done by the punishment - Statistical frequency of murder being a serial killer is very unlikely - how do you know they will kill again? - we have killed many innocent people d. Prevention - argument is offset by number of innocent people we have killed e. Deterrence - second argument used by abolitionists
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- good reason for punishment, but does it apply to capital punishment? - Does capital punishment deter any further than some other form of punishment? - Statistics say the deterrence argument fails - The states that use it the most have the highest murder rate f. Money 3. The Abolitionist Rebuttal g. The Moral Argument - killing is wrong no matter who does it - philosophical tradition says this is false h. Constitutional Issues i. Due Process ii. 8 th amendments i. Problems of Rectification j. Denial of Deterrence
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Gregg v. GA 24/10/2007 11:59:00 1. Background a. Furman v. GA - decided the death penalty as administered was unconstitutional - 5 to 4 majority to get rid of death penalty - asked to rule on cruel and unusual - 3 of 5 majority said cruel and unusual because of the way its administered; unfair - Marshall said violates the 8 th amendment - Majority of states went to rewrite their death penalty laws - GA has absolute discretion on part of the jury b. Woodson v. North Carolina c. Facts and questions of the case
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Capital Punishment - Capital Punishment 1. Capital...

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