NCJ Number
147420
Journal
San Diego Justice Journal Volume: 1 Issue: 2 Dated: (Summer 1993) Pages: 365-402
Date Published
1993
Length
38 pages
Annotation
The author, using the moral theory of rule utilitarianism, attempts to settle the debate on capital punishment.
Abstract
Both proponents and opponents will read into the text of the Constitution their own definitions of "cruel and unusual," and will pass the issue through their own tests of "human dignity" and "evolving standards of decency." Both sides have some merit. Under rule utilitarianism, capital punishment is permissible in cases of extremely serious crime, given two conditions. First, the benefits of capital punishment to society must exceed the harm--considering not only the fact of whether the sanction is available, but also the method of execution. Second, there must be strict guidelines for determining the appropriateness of capital punishment in particular cases, including Constitutional checks and balances that keep separate the legislative, executive, and judicial branches of government. Because these conditions exist, rule utilitarianism leads to support of capital punishment, and lethal injection as a preferred method of execution. 218 footnotes