Thom Brooks
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199752232
- eISBN:
- 9780199895342
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199752232.003.0013
- Subject:
- Law, Criminal Law and Criminology
This chapter argues that contrary to popular wisdom (and clear pronouncements by classic retributivists such as Kant), retributivists should oppose capital punishment for murderers. He concedes that ...
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This chapter argues that contrary to popular wisdom (and clear pronouncements by classic retributivists such as Kant), retributivists should oppose capital punishment for murderers. He concedes that murderers may deserve to be executed, and that this can be carried out fairly and humanely. Rather, his argument focuses on epistemic problems with ascertaining guilt, which have been made more prominent and visible by recent advances in forensic science (such as DNA testing). Even after guilt was found beyond a reasonable doubt during a fair trial, and confirmed in all subsequent appeals, these scientific advances have been able to clearly demonstrate the innocence of dozens of convicted murderers on death row. This chapter rejects several other arguments against capital punishment offered as retributivist before outlining and defending his own against actual and potential criticisms.Less
This chapter argues that contrary to popular wisdom (and clear pronouncements by classic retributivists such as Kant), retributivists should oppose capital punishment for murderers. He concedes that murderers may deserve to be executed, and that this can be carried out fairly and humanely. Rather, his argument focuses on epistemic problems with ascertaining guilt, which have been made more prominent and visible by recent advances in forensic science (such as DNA testing). Even after guilt was found beyond a reasonable doubt during a fair trial, and confirmed in all subsequent appeals, these scientific advances have been able to clearly demonstrate the innocence of dozens of convicted murderers on death row. This chapter rejects several other arguments against capital punishment offered as retributivist before outlining and defending his own against actual and potential criticisms.
Robert P. Mosteller
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199844807
- eISBN:
- 9780190260033
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199844807.003.0028
- Subject:
- Law, Comparative Law
This chapter considers the relationship between the American prosecutor and the wrongful conviction phenomenon, as illustrated by contemporary miscarriages of justice. It examines the “Duke Lacrosse ...
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This chapter considers the relationship between the American prosecutor and the wrongful conviction phenomenon, as illustrated by contemporary miscarriages of justice. It examines the “Duke Lacrosse Case” and the “Central Park Jogger Case,” both of which involve demonstrated innocence and show the importance of DNA evidence to exonerations. The chapter next moves to a series of other significant but lesser-known examples of injustice and concludes by suggesting that miscarriages of justice can be cured by punishing identified malefactors.Less
This chapter considers the relationship between the American prosecutor and the wrongful conviction phenomenon, as illustrated by contemporary miscarriages of justice. It examines the “Duke Lacrosse Case” and the “Central Park Jogger Case,” both of which involve demonstrated innocence and show the importance of DNA evidence to exonerations. The chapter next moves to a series of other significant but lesser-known examples of injustice and concludes by suggesting that miscarriages of justice can be cured by punishing identified malefactors.
