Ernest Van Den Haag Death Penalty Analysis

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. For example in the text he states:

Mal-distribution between the guilty and the innocent is, by definition, unjust. But the injustice does not lie in the nature of the punishment. Because of the finality of the death penalty, the most grievous, mal-distribution occurs when it is imposed upon the innocent (Haag, 192);
Haag concludes that
…show more content…
Opponents of the death penalty believe that the cost of sentencing criminals to death are much more higher than criminals being sentenced to life imprisonment. When an individual is sentenced to life imprisonment the criminals typically do not create cost during imprisonment. Also, opponents believe that sentencing a criminal to death promotes more pain and suffering upon the criminal than that that was displayed upon the victim. In Haag defense he

Related Documents

  • Improved Essays

    The author’s point of this article was to give insight to the controversial view points on the death penalty, being in favor of those who deserve the capital punishment and opposed to those who do not deserve it, and argues that until the death penalty is not justified even without uncertainty to those that deserve it, and the moral deterrence is abolished from those that favor it, the argument against it will never…

    • 578 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    He included a list of states and and the methods they use in the execution process. He also provided information on different groups and the percentage that each is sent to death row. He was also very also very apt and bold in including how race and the indigent are affected by the death sentence. On page 36 he starts to talk about fairness and how capital punishment is reserved for those members of society who are already the weakest and most disadvantaged because of their different behaviors than with any built-in bias of the justice system. Kronenwetter includes primary sources in his writing.…

    • 548 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Article Abstract Two: Guilty on All Counts Guilty on All Counts, written by Elizabeth Hull discusses the death penalty and the randomness and inconsistencies of the punishment. The author outlines in the article the many flaws of execution in the United States. There are many arguments about the logistics of this sentence and whether it is a cruel or unusual punishment. First, the article explains how the death penalty is gravely flawed.…

    • 967 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Ernest Van Den Haag begins his article asking if the death penalty deters more than life in prison. Haag says that even though life in prison is unpleasant, it is still very different from taking the life of a person. He says that 99% of people on the death row would rather be in life sentence (Pg,392 right column). I think anyone would prefer to stay alive, but isn’t a life sentence just like the end of a persons life? They will be confined to a cell for the rest of their life.…

    • 2134 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    Igor Primoratz Analysis

    • 968 Words
    • 4 Pages

    In other cases the proportionality between the crime and the sentence can be satisfied by fines or prision. The value of human life is not commesurable with other values, and they are only one punishment for murders, and it is death. The death of the person who kill the other. They are several arguments against the death penalty. One abolitionist argument stated that capital punishment is illegitimate because violates the right to life and this is a fundamental right of all human beings.…

    • 968 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The morality of the death penalty has long been, and still is a controversial topic in the United States. People have been debating for centuries whether or not this form of punishment should exist. Those supporting it have claimed that the death penalty acts as a deterrent of future crimes. On the other hand, those against it have disproved this claim. Studies show that capital punishment should not be used in the United States, since it does not act as a deterrent, certain groups are more likely to be sentenced to death, and it does not offer closure for families.…

    • 1248 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    If an individual commits a lethal act, the punishment should be appropriate to the crime. For example, retribution requires a proportion between the gravity of the crime and the severity of the punishment (Barr 2010, 3). When a person faces death through the criminal justice system; justice is restored. If the citizens do not resign offenders to their destiny, then there is an apparent imbalance. Some believe Capital punishment is a retributive measure, a way of giving a person a taste of his own medicine while satisfying our deepest instincts for justice (Blecker 2013, 2).…

    • 1202 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    He stands firm on his first argument, saying that the death penalty is not only the best but the only deterrent to crime. Ernest says the objection of life imprisonment is a light slap on the wrist and is not geared enough. Imprisonment only gives murderers more time to plot and scheme it does not change other criminal minds about making the same mistake. Some opponents of Haag stand argue that people have a right to life and morally we should not use capital punishment. An objection that Haag uses is that the right to life is forfeited if the crime that is broken is severe enough.…

    • 1380 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    When it comes to having justice being served equally amongst individuals, they must be all treated as a similar case and with same results instead of treating each person differently based on how they may argue their case. Nathanson believes that Haag’s argument on treating individuals differently is a discriminatory effect in the justice system. Nathanson believes it is arbitrary to decide whom specifically deserves the capital punishment and whom deserves a lesser of a sentence which then makes a distinction between who deserves what…

    • 1008 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    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…

    • 1410 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    He does not respect the decisions of states in that regard, arguing that the death penalty ought to be a universally used punishment. He argues that this is true because murderers need to be punished for what they have done and the death penalty is the only way to adequately give them what they deserve. He argues that while some crimes receive a punishment equivalent to what they have done; petty theft and short-term imprisonment, for example, the top end of the spectrum when lacking the death penalty offers a disproportionately low punishment as compared to the rest of the punishments. That is to say, Primoratz argues, that murderers, relative to other criminals, receive less of a punishment which is not only less of a deterrent, but to some degree an active endorsement of the act as it is known that they will not receive an equally terrible punishment to the crime that they committed. It is morally illogical that murderers receive a lesser sentence than what they actually did when other crimes are not subject to the same…

    • 1621 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    In “What Do Murderers Deserve”, David Gelernter’s essay, the main topic is capital punishment. Everyone has an opinion on capital punishment. It is a very controversial topic and whether you agree with it or not, is completely up to you. In “What Do Murderers Deserve”, Gelernter chooses to agree with capital punishment. The article starts out with Gelernter providing two examples.…

    • 961 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Death Penalty Analysis

    • 1244 Words
    • 5 Pages

    In the United States there are several topics that are considered morally ambiguous. Among these contended topics is the death penalty. There are many arguments for and against capital punishment. One proponent for the death penalty is Ernest van den Haag who in his article, “The Ultimate Punishment,” argues a case for the death penalty. I believe he successfully counters the arguments against the death penalty leading me to believe it is not something that should be viewed as inhumane and wrong.…

    • 1244 Words
    • 5 Pages
    Improved 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
  • Improved Essays

    Thus one can make the argument that botched lethal injections fall under this protection. An additional argument supporting that the death penalty is a cruel and unusual punishment rests within supporter’s justification of the practice. For the most part, the death penalty is seen as an “eye for an eye,” or a justified act of revenge for those in close relation to the victim. Both the criminal justice system and constitution should uphold their superiority to superficial warrants for revenge. In other words, both systems should hold the supreme respect for life, as a way to set a model standard for others.…

    • 935 Words
    • 4 Pages
    Improved Essays

Related Topics