Our discussion last week on capital punishment generated a lot of comments that are worth discussing in more detail. Since capital punishment is so controversial, we decided to continue the same subject this week.
First, let me correct a misunderstanding in some of the comments. I never claimed the evidence is anywhere near conclusive that capital punishment has an important deterrent effect. I stated that the evidence from quantitative studies is decidedly mixed, yet I concluded that "the preponderance of evidence does indicate that capital punishment deters". Although the weight of the positive evidence should not be overstated, the frequently stated claim that these studies prove that capital punishment does not deter is clearly false.
My belief in its deterrent effect is partly based on these limited quantitative studies, but also because I believe that most people have a powerful fear of death. David Hume said in discussing suicide that "no man ever threw away life, while it was worth living. For such is our natural horror of death…". Schopenhauer added also in discussing suicide "…as soon as the terrors of life reach a point at which they outweigh the terrors of death, a man will put a an end to his life. But the terrors of death offer considerable resistance…".
Nevertheless, the main point of my comment last week was not to try to prove that capital punishment deters murders, but rather to argue against the view that it is "immoral" for the State to take lives through capital punishment even if we assume that the deterrent effect on murders is sizeable. Indeed, I believe that deterrence can be the only reasonable basis for capital punishment. Revenge, retribution, and other arguments sometimes made to justify capital punishment are too subject to government abuse, and have been abused.
Some readers interpreted my views as implying that a major goal of government policy should in general be to save lives. That is not my belief. I am against governments interfering, for example, with the rights of people to overeat even when that causes obesity, disease, and possibly early death because overeaters are primarily "harming" themselves. In my view, people should have the right to do that.
Murder, on the other hand, involves taking the lives of others, and any reasonable discussion has to distinguish such behavior from individuals taking actions that affect only their own lives. In economists' language, murder involves the most severe negative externalities. If we assume for the sake of this discussion that there are two fewer murders for each murderer executed, the State would reduce two of these severe externalities for each murderer that it executes. This issue of the effect of capital punishment on innocent victims has to be confronted by even those most opposed to its use. And I frankly do not see how any reasonable and relevant philosophy could oppose the use of capital punishment under the assumptions of this example.
Admittedly, the argument gets less clear-cut as the number of lives saved per execution falls from two to lower values, say, for example, to one life saved per execution. In this case, I compared the qualities of the life saved and the life taken, to the dismay of some readers. In particular, I wrote that "wouldn’t the trade-off still be desirable if the life saved is much better than the life taken, which would usually be the case?" I do not see how to avoid making such a comparison. Consider a person with a long criminal record who holds up and kills a victim who led a decent life and left several children and a spouse behind. Suppose it would be possible to save the life of an innocent victim by executing such a criminal. To me it is obvious that saving the lives of such a victim has to count for more than taking the life of such a criminal. To be sure, not all cases are so clear-cut, but I am just trying to establish the principle that a comparison of the qualities of individual lives has to be part of any reasonable social policy.
This argument helps explain why capital punishment should only be used for some murders, and not for theft, robbery, and other lesser crimes. For then the trade off is between taking lives and reducing property theft, and the case in favor of milder punishments is strong. However, severe assaults, including some gruesome rapes, may approach in severity some murders, and might conceivably at times call for capital punishment, although I do not support its use in these cases.
A powerful argument for reserving capital punishment for murders is related to what is called marginal deterrence in the crime and punishment literature. If say perpetrators of assaults were punished with execution, an assaulter would have an incentive to kill the victims in order to reduce the likelihood that he would be discovered. That is a major reason more generally why the severity of punishments should be matched to the severity of crimes. One complication is that capital punishment may make a murderer fight harder to avoid being captured, which could lead to more deaths. That argument has to be weighed in judging the case for capital punishment. While marginal deterrence is important, I believe the resistance of murderers to being captured, possibly at the expense of their own lives, is really indirect evidence that criminals do fear capital punishment.
Some readers asked whether I also favor public executions of convicted murderers, mangling of their bodies, and other methods used in some countries still, and in most countries in the past? I do not because they seem unnecessarily abusive of convicted murderers without any compensating gains. However, I admit I would reconsider this position if it were demonstrated that such added punishments have a large effect in reducing the number of murders. For those who find such a position "barbaric", I would ask how many innocent victims are they willing to tolerate before they might take a more positive position on these additional punishments?
Of course I am worried about the risk of executing innocent persons for murders committed by others. In any policy toward crime, including capital punishment, one has to compare errors of wrongful conviction with errors of failing to convict guilty persons. My support for capital punishment would weaken greatly if the rate of killing innocent persons were as large as that claimed by many. However, I believe along with Posner that the appeal process offers enormous protection not against wrongful conviction but against wrongful execution. And this process has been strengthened enormously with the development of DNA identification. However, lengthy appeals delay the execution of guilty murderers, and that can only lower the deterrent effect of capital punishment.
So to summarize once again my position on this controversial question, I favor capital punishment because and only because I believe it has "sizeable" deterrent effects. I would join the anti-capital punishment side if this view turns out to be wrong, if it were proven that many innocent persons are wrongly executed, or if it is administered in such a racially biased manner as to wrongly convict many black persons, and to be little used against white murderers. But I do not believe that the available evidence strongly supports any of these arguments against the use of capital punishment.
comment2,
Posted by: Anonymous | 09/22/2009 at 08:49 AM
Perfect work!
Posted by: Anonymous | 12/06/2009 at 11:48 PM
Perfect work!
Posted by: Anonymous | 12/06/2009 at 11:49 PM
Perfect site, i like it!
Posted by: Anonymous | 12/07/2009 at 03:48 AM
Excellent site. It was pleasant to me.
Posted by: Anonymous | 12/08/2009 at 04:32 PM
Excellent site. It was pleasant to me.
Posted by: Anonymous | 12/08/2009 at 04:33 PM
Great work, webmaster, nice design!
Posted by: Anonymous | 12/08/2009 at 08:07 PM
Incredible site!
Posted by: Anonymous | 12/08/2009 at 11:39 PM
If you have to do it, you might as well do it right.
Posted by: Anonymous | 12/09/2009 at 01:24 AM
If you have to do it, you might as well do it right.
Posted by: Anonymous | 12/09/2009 at 01:25 AM
My weight tends to fluctuate upward during times of stress, and I know that feeling of someone watching me eat, that look on their face. When I'm at a low number on the scale, nobody does that. When the number is low, men look at me in a friendly way. When the number is up, they don't. Yet I'm the very same person I was 30 pounds ago. It's bizarre and it can be crazy-making if I think about it too much.
Posted by: Electric socket | 05/11/2011 at 09:58 PM
Weight-ism is the last refuge for those who like to practice "better than/less than" - it hasn't become non-PC yet. What's sad is that your partner's mother is representative of so many people who are in denial about their attitudes and beliefs.
Posted by: Power board | 05/11/2011 at 09:59 PM
Great piece. For all her flaws, at least Lucy accepts you as her daughter's partner. Judging by her affection for Bill O'Reilly, it could so easily be otherwise. I realize this might be a mixed blessing. But I can understand your wish not to turn every encounter with Lori's parents into a battle, Kim. Especially when it won't do any good. Seems to me that relationship is as good as it's ever going to get.
Posted by: Power cable | 05/11/2011 at 09:59 PM
to prove that capital punishment deters murders, but rather to argue against the view that it is "immoral" for the State to take lives through capital punishment even if we assume that the deterrent effect on murders is sizeable. Indeed, I believe that dete
Posted by: Christian Louboutin | 06/05/2011 at 03:50 AM
Venice resident Rhonda DeVictor said she noticed the empty lot when she first moved into the neighborhood 12 years ago
Posted by: manolo blahnik | 10/14/2011 at 10:05 AM
This sheds some light on the possible roots of your misogynistic tendencies Matt.
Posted by: China digital thermometer | 10/19/2011 at 04:24 AM
The writing here was exquisite, with great flow and a compelling tale. I relaxed at your epiphany when you figured out that the danger was being exaggerated.
Posted by: China digital blood pressure monitor | 10/19/2011 at 04:25 AM
Read this last night but had trouble commenting at the time, so I'll chime in now to say good job of relating your experience here.
Posted by: China digital thermometer manufacturer | 10/19/2011 at 04:25 AM
It is amazing what fear can lead us to believe. You brought me along with you, though I started getting a little pissed the Army would risk killing it's own soldiers. Nice piece of writing my friend. Glad to see it is where it belongs...on the cover.
Posted by: China ear thermometer | 10/19/2011 at 04:26 AM
It's so nice to have you do all of the research for us. It makes our decision making so much easier!! Thanks.
Posted by: suprayouth | 12/03/2011 at 12:31 PM
I like ANMJ on FB & just subscribed to the email feed! :)
Posted by: Moncler Jakke | 03/06/2012 at 06:55 PM
http://omnicef250mg.webs.com/apps/blog/show/14767812-omnicef-treatment
omnicef pediatric
http://omnicef250mg.webs.com/apps/blog/show/14766652-antibiotic-omnicef
omnicef prescription dosage for toddlers
http://omnicef250mg.webs.com/apps/blog/show/14765760-omnicef-prescribing-information
omnicef oral suspension
Posted by: ParAfq | 05/15/2012 at 04:06 AM
Men Nike Air Max LTD Shoes Black
Men Nike Air Max LTD Shoes Black
Men Nike Air Max LTD Shoes Black
But when it comes to getting those pet furs, a pet vacuum cleaner would be a perfect fit. Men Nike Air Max LTD Shoes Black. Different people prefer different lures, lines, flies, leaders, hooks, weights, reels and rods. Laser printers in the less-than-300 dollar niche don't normally have the sort of array of features that this Brother has.. Of course this is a good service if you do not have the time to rifle through endless county records. Men Nike Air Max LTD Shoes Black. he Pens Like all of their products, Cross fountain pens are truly masterpieces, revealing several features that add value to the instruments. There are other ways to find good antique tea sets and other tea items at wholesale prices. Nike Air Max 2012.
Article Source: http://www.sellairmax2012.com/
Posted by: sellairmax2012 | 05/30/2012 at 02:50 AM
Nike Air Max 2009 Mesh Mens Shoes Black White
Nike Air Max 2009 Mesh Mens Shoes Black White
Nike Air Max 2009 Mesh Mens Shoes Black White
Nike Air Max 2009 Mesh Mens Shoes Black White. Nike Air Max 2012. This cuts the cooking time and will make preparing the food faster. With such a great punching capacity, you will be able to finish your document finishing project much faster than if you used a machine with a less impressive punching ability. Enjoy the new addition to your home.. Alessi kettles were made by many famous artists. Report Bad Business Practices. Nike Air Max 2009 Mesh Mens Shoes Black White. With the large variety of Christmas gift ideas available, you can make this holiday season both fun and memorable..
Article Source: http://www.sellairmax2012.com/
Posted by: sellairmax2012 | 05/30/2012 at 10:43 PM