On the Death Penalty

So lately quite a number of folks have talked about the death penalty, so I figured I'd put in my two cents...

I believe that to have or not have the death penalty stems from the belief that the prison system is either for revenge or reform. Therein lies the answer to the death penalty. If it's for revenge (retribution) in the vein of Hammurabi's lax talionis, then the death penalty is the answer. If, however, we believe that humanity is essentially good, then criminals are merely creatures of their circumstance. This would call for long prison sentences and reformation programs.

Also there is a need to take into account the philosophy behind man's nature. The Chinese Legalists believed that men are inherently evil, along with Mencius, so a strict adherence to the law and rather draconic laws will prevent the general populace from slipping into anarchy. Confucius, along with most mainstream Christians, believe that man is inherently good, and must look towards (or back to) a Golden Age where we realise our full potential as humans.

The death penalty is the state's right in the monopolisation of violence. When nation-state's were formed, they assumed that monoply of violence in a social contract with the citizenry. The prison system was for punishment and not reformation, hence the death penalty was an accepted form of punishment. In the Progressive age and Victorian Britain, prisons began to be looked at as tools of reformation and not merely for reformation. It is from this philosophy that stems the opposition to the death penalty.

So where do we go from here? I essentially believe that the criminal justice system is one of revenge as well as reform. Petty thieves and purse snatchers are most likely victims of circumstance and given the proper guidance, can become functioning members of society, as long as we work towards helping them escape their former situation. On the other hand we have murderers and drug traffickers. I honestly believe that murderers should be hung. For no other reason than revenge. Some have pointed out that this affects the murderer's family, but it also affects the murdered's family. I truly belief that taking a life means forfeiting one's own right to life.

Drug traffickers should not be hung. In fact I have argued for the decriminalisation of non-opiad drugs. I believe a long sentence is punishment enough. Similarly for drug users, I believe rehabilitation and a short prison term would help. Perhaps we can adopt a "three strikes" system for drug trafficking to balance the need for punishment and the need for reform. So if you're caught the third time, then it's the gallows for you.

The death penalty is one outcome of the state's monopoly on violence. I believe that state's have a right to it. I also believe that certain crimes are punishable by death. I tend to agree that if you take a life, it is expected that yours is forfeit.

It is a considerable dilemma, that even the Catholic Church deals with. Although the last pope opposed the death penalty, the Church has always upheld a state's right to use the death penalty if it believes in it.