Ethical Justification for Capital Punishment

Rule Utilitarian Analysis

By Brian Rice, published Mar 23, 2006
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Capital punishment is defined as the judicially ordered execution of a prisoner as punishment for a serious crime. The ethical question regarding capital punishment is a longstanding one to say the least; nonetheless, it has a relatively simple answer, and is perhaps best answered through the rule utilitarianism model. Rule utilitarianism offers the best choice in the long run, by setting a precedent to be followed, in this case relating to punishment and penology. 

From the utilitarian stance, punishment exists solely to ensure the continuity of society and the deterrence of future crimes. Statistical evidence proves that when punishment is severe, prompt, and certain that it will in fact act as a successful deterrent to future criminals. Some evidence to support this thesis includes:
• From 1995 to 2000," "executions averaged 71 per year, a 21,000 percent increase over the 1966-1980 periods. The murder rate dropped from a high of 10.2 (per 100,000) in 1980 to 5.7 in 1999 - a 44 percent reduction. The murder rate is now at its lowest level since 1966. *
• Life without parole cases cost $1.2 million - $3.6 million more than equivalent death penalty*
• Roughly around 71% of the American population supports the death penalty*
• A prisoner is incapacitated via execution, from committing another crime.*
• In China, whom has had continuous progression of executions, crime rates have dropped significantly.*

What these points dictate, is that capital punishment can and ought to be used to serve and uphold the best interests of society. For instance, the greatest amount of utility would obviously maintain the importance of keeping killers, rapists, and other heinous criminals off the street. The evidence shows that when executions are used more frequently, they have a direct effect on the murder (and other violent crimes) rate. Subsequently, statistics show that in cases where the death penalty is not an alternative, criminals see no incentive not to kill again, particularly when facing life without parole. 

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