Philosophy study notes

Philosophy study notes - Philosophy study notes Lecture...

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Philosophy study notes!! Lecture outline: Capitol Punishment Capitol Punishment: the Question -Are there any crimes worth fitting the penalty? -How do we determine the crimes? -Is the penalty of death consistent with the constitution? -“Fairness” can the death penalty be administered in a fair way? Retention vs. Abolitionists (positions) Strong and weak- how many states use the death penalty and how many states actually have the death penalty? Retention arguments Why would you believe that the sates have the right to execute: 2 sets of arguments The Argument of Retribution Desert (retribution justice) – it is the moral thing to do, “eye for an eye”- a crude judgment- and not all murders’ die ( just because they believe a person ought to die does not mean the state will kill them) you need something more than a person deserves to die- The person deserves to die and it is the duty of the state to serve the justice for you. Social Utility Prevention If Joe kills somebody and we kill Joe, Joe will never kill again. Most people who kill never kill again- a very small number will ever actually do it again (most murders are crimes of passion) TV can be misleading, since most of the shows have serial murders For most human beings one killing is enough –guilt sleepless nights How do you know if you kill Joe, Joe will never kill again, or would have even killed again? Deterrence If we kill Joe then maybe John will not kill anybody If we kill a killer then others will be deterred from killing –good simple logic- We cannot dismiss deterrence being a good argument- but is it good for capitol punishment? Does capitol punishment deter
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murders? Does it deter other crimes? Or is it work worth other punishments- i.e. long imprisonment, life without parole. The statistics do not correlate with capitol punishment/deterrence Money Here we have a murder, we do not kill him, we imprison him for life, we provide for him, he has stuff to do, the guy he killed is dead and has nothing to do nor ever do. It is cheaper to kill a murder then keep him in prison for life. Premises are false, it is more expensive to kill the guy then keep him alive the process of appeals is practically automatic and takes years to review and is highly costly, more resources and more detailed Throw out the argument professor does not agree with it. The abolitionists rebuttal There are some who agree and some who do not agree, however killing is always wrong –exception (defending yourself or protecting the innocent) Frequently brings up the retentions argument Can you deal the capitol punishment out fairly under amendment 14 Classic case Gregg V Georgia- does it violate their 8 th amendment rights? Problems of rectification – if you kill a person who is innocent, how
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Philosophy study notes - Philosophy study notes Lecture...

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