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Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs
Cass R. Sunstein, Adrian Vermeule. Working Paper 05-06. Mar 2005.
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Recent evidence suggests that capital punishment may have a significant deterrent effect, preventing as many as eighteen or more murders for each execution. This evidence greatly unsettles moral objections to the death penalty, because it suggests that a refusal to impose that penalty condemns numerous innocent people to death. Capital punishment thus presents a life-life tradeoff, and a serious commitment to the sanctity of human life may well compel, rather than forbid, that form of punishment. Moral objections to the death penalty frequently depend on a distinction between acts and omissions, but that distinction is misleading in this context, because government is a special kind of moral agent. The familiar problems with capital punishment ? potential error, irreversibility, arbitrariness, and racial skew ? do not argue in favor of abolition, because the world of homicide suffers from those same problems in even more acute form. The widespread failure to appreciate the life-life tradeoffs involved in capital punishment may depend on cognitive processes that fail to treat ?statistical lives? with the seriousness that they deserve.


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Omissions of "Scholarship"
Comment by: Barry De Saw
Researchers Sunstein & Vermeule do not address the fact that many U.S. states and many European nations that have not executed anyone in a long time have much lower murder...
 
DP is unnecessary
This argument hardly even makes sense. What do you mean "the world of homicide suffers from those same problems [potential error]"? That a murderer might accidenta...
 
Purposes of capital punishment
Comment by: Peter Lushing
I've read a fair bit on capital punishment but nobody has ever explained to me why abolitionists have the right to posit that deterrence is the only possible justifiable reaso...
 
Simple-Minded
The thesis is flawed because it presumes only a two-option universe: an execution that saves 18 "statistical lives" or a life sentence that "costs" 18 "statistical lives." Ev...
 
More than just pretty words
To be fair, Sunstein and Vermeule accept the possibility that the data may not turn out to show what they claim it shows. They point out (correctly IMO) that their conceptual ...
 
A house of cards argument
Comment by: Karl Keys
The entire work depends on research that has been debunked. The researchers in the studies key to the work, in many instances, have not permitted their underlying data to be e...