Ernest Van Den Haag Capital Punishment Analysis

Superior Essays
The death penalty is the most severe form of current legal punishment. The question that is hotly debated is if this form of legal punishment is just and necessary. Hugo Bedau argues that capital punishment is not ethically acceptable. On the other hand, Ernest Van Den Haag argues that this penalty is completely necessary. This paper will summarize both opinions and give two reasons why the death penalty should be abolished, both from a ethical point of view and from a practical perspective.

Van Den Haag argues in defense of the death penalty (Van Den Haag 325). His first defense is against claims that the penalty is not distributed equally (Van Den Haag 326). To answer this objection, he says that the maldistribution of justice does not make the punishment itself immoral. The death penalty itself is just while its distribution is not always fair. He then claims that even those who show statistics to prove racist faults in the distribution of capital punishment fail to present an argument that would warrant abolishing the penalty, since justice is
…show more content…
Bedau starts by asking four questions. The first is whether the death penalty is a better deterrent than imprisonment. Bedau answers that no studies have shown that the death penalty is a better deterrent. His second question is whether or not the death penalty is racist. Bedau answers that the sentencing has been discriminatory, and therefore racist (Bedau 331). The third question is how many innocent people have been sentenced to death. Bedau concludes that it is impossible to tell; yet he argues that, there definitely have been cases. The fourth question Bedau asks concerns the risk that a convicted felon who is not executed will commit another crime. Bedau answers that this indeed may be a risk. Even if everyone agrees on these facts, however Bedau concludes that they will not agree on a proper policy based on them (Bedau

Related Documents

  • Improved Essays

    For this assignment, I reviewed two articles on the Criminal Justice database library. One focused on bail decisions, and how this can sometimes affect the outcome of the sentencing phase. The other article focused on Capital Sentencing Decisions, that focused on the portrayal of the victim. Both of these articles gave some interesting theories of how judges and jury decide the fate of one’s future. It described how certain factors can influence the judge or jury in their decision making.…

    • 786 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Nathanson argues that the decision should be made by the majority. He affirms that while some claim that criminals deserve death penalties for their sins, many regard death penalty as a threat to innocent lives instead of the guilty. Because government’s goal of protecting innocent citizens’ lives is more important than executing harmful individuals, governments should go with the majority and stop executions. Nathanson also argues that the cost of death sentences and execution procedures are far more expensive than the benefit of executing criminals. Finally, Nathanson argues that our legal system is not compatible with capital punishment.…

    • 415 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    In his article "Capital punishment’s slow death," George F. Will claims capital punishment is unjust. The death penalty is becoming used less over time, but Americans are still divided over whether it should be abolished or not. The movement created about capital punishment has split into liberals being against it and conservatives for it. This article is able to give insight into both sides, as George Will is a conservative who is against the death penalty.…

    • 790 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Van den Haag’s response was that the distribution of the death penalty does not change its morality. ”no distribution cannot affect the quality of what is distributed.” If the death penalty was misdistributed then it would “actually favor African American murders over white murders, because the misdistribution Is explain by the race of the victim, and murders tend to kill people that are the same race as them.” Misdistribution is irrelevant when it come to those who deserve it. People that deserve the punishment will get it because it is not about equality it is about justice being served.…

    • 145 Words
    • 1 Pages
    Improved Essays
  • Great Essays

    The death penalty has caused tension between more than just those who enforce it and those who receive it. The shock waves caused by the death penalty can be found building tension within the conversations of those who may not have a true role in the process but who, in the eyes of the American democracy, have a voice on the matter. As an observer of the current and past status of the death penalty, one can form the opinion and understanding the necessity of capital punishment in the form of the death penalty. The death penalty has been apart of the court rulings since its reinstatement in 1988. Although those who are against the death penalty would argue that each one of these deaths were not necessary to the safety of our nation..…

    • 1818 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Haag also talks about special cases, such as the potential to kill while in jail. What else do these inmates have to lose? I think this is when the death penalty can be used. Bedau argues that the death penalty is immoral and barbaric in this civil society.…

    • 2134 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    In “Death of the Death Penalty”, David Von Drehle states that the death penalty is becoming less common and should now just be abolished because of the cost and time that it takes. Drehles article was published in Time Magazine. He concludes that the death penalty has become unnecessary and doesn’t work anymore. The crime rate in the United States has declined so much that in the past decade even though there are hundreds of people under the death penalty. This statement is making people believe that there is no reason to keep the death penalty in our society.…

    • 909 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Hugo Bedau supports 5 arguments against death penalty in his writing, The Case Against the Death Penalty. He has been a leading philosophical critic of capital punishment, making him a good source for this topic. Badau starts with his first argument: Capital Punishment is not a deterrent to capital crimes. Capital punishment is being used as a deterrent for crime because if people know that certain actions result to death by punishment, they are less likely to commit the crime. Badau argues, "A punishment can be an effective deterrent only if it is consistently and promptly employed.…

    • 409 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Ernest van den Haag, “The Ultimate Punishment: A Defense of Capital Punishment” (Analyzing Moral Issues, 234-238 in the 6th Ed.) Ernest van den Haag idea for government role was “securing rights and duties by specifying them through laws and enforcing the laws.” Haag argues that capital punishment is morally permissible on the arguments of retribution rather than deterrence it can be clearly reflected in his work. Ernest also addresses the idea of justice, and deterrence. Ernest van den Haag main point was, if the government should not only have the right to punish but to also enforce more extreme laws.…

    • 1380 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Death Penalty Texas

    • 1001 Words
    • 5 Pages

    Not all the cases with death sentences is right, “I don't want to put one innocent person to death to put 99 that are guilty to death,” said Gary Johnson (Johnson 1). In addition, the cost of it is also excessively expensive; therefore, this solution is not as good as its definition. The death penalty has its impacts to the criminal behavior of people as the result of reducing crime rates since it was re-instituted. One can say keep it but only for a symbol. Life is precious, and no one has the right to end other’s…

    • 1001 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    In this paper, I will discuss Nathansons argument against capital punishment. I will discuss how Nathanson has responses to Haags arguments with two cases. I argue that Haag has good responses but I would agree with Nathanson to say that one must treat everyone the same depending on their crimes without treating each criminal differently even though they have committed the same crime but are not getting the same punishment. Haag’s primary objection in capital punishment was that it does not matter if the death penalty is administered arbitrarily because individual punishments depend on individual quilt alone, and whether punishments are distributed equally among the class of guilty persons does not matter.…

    • 1008 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The key features of the argument on supporting the death penalty developed by Ernest Van Den Haag first focuses on matters of mal-distribution and determining if an individual really deserves it, second the miscarriages of justice, third if the death penalty is a better deterrence than other punishments, fourth the incidental issues that the death penalty promotes, and fifth justice, excess, and degradation. The first argument that Ernest Van Den Haag argues is on the matter of mal-distribution, and determining whether an individual really deserves capital punishment. He expresses his view that mal-distribution being compared between those individuals who are guilty or innocent is undeserved. The acts of capital punishment upon an individual who knowingly commits a crime and is considered guilty in that sense deserves the punishment. However, on the other hand he considers that when mal-distribution is then put upon an innocent life that did not commit the crime but is considered guilty is seen as than unjust.…

    • 1032 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    As John Morrison exclaimed,“It should be clear that the death penalty does just the opposite of promoting decency and respect for life... It can never be applied fairly.” Since the mid nineteenth century, inmates on death row have been murdered by a plethora of gruesome methods, such as venomous lethal injections, gas chambers, and electrocution. According to the Death Penalty Information Center, there have been 1,413 executions in the United States from 1976 to the present. Although the number of death penalty verdicts are decreasing, flaws in the American judicial system have caused an increase in the amount of punishing wrongfully accused suspects to the death penalty.…

    • 1178 Words
    • 5 Pages
    Great Essays
  • Superior Essays

    The death penalty is a controversial topic which receives a great deal of criticism from parties on both sides of the argument. Some suggest that it is morally sound on the basis of an eye-for-an-eye ideology, while others argue that its inherent hypocrisy makes the act illegitimate. By examining and analyzing Igor Primoratz’s A Life for a Life and its argument in support of the death penalty, I will attempt to both explain and discredit his argument on the grounds that murder ought not justify murder. Igor Primoratz’s central argument is that there is no equivalent punishment to murder, which is why in cases of murder, the death penalty is justified. Simply imprisoning someone who committed such a heinous crime as murder does not equate…

    • 1621 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    One of the most debated ethical issues throughout the entire history of man, has been capital punishment (death penalty). Is it necessary, and more importantly, is it moral to put someone to death for a crime which they have committed? This questions has been raised and debated in every country and at every period of time, as far back as known history will allow us to observe. This paper will present and discuss the dilemma of capital punishment on ethical grounds and present arguments both for and against capital punishment. This paper will also look at the history and evolution of capital punishment, as well as attempt to gauge what will become of the practice in the foreseeable future.…

    • 783 Words
    • 4 Pages
    Improved Essays