Originally posted by notyoueither
When did your personal choice of punishment enter into it? You don't get a choice. A judge passes a sentence based on guidelines of the law and justice. Justice would include impact on the family of victims, but not their personal heart's desire.
When did your personal choice of punishment enter into it? You don't get a choice. A judge passes a sentence based on guidelines of the law and justice. Justice would include impact on the family of victims, but not their personal heart's desire.
The problem is that it won't have a positive effect on some of them, and will have a negative effect on others. If you are going to make this your reason for the death penalty, then its hard to deny cases in which efficiency is increased by tailoring the punishment to the desires of those who are supposed to benefit from it. After all, judges have considerable leeway in sentencing to allow them some degree of efficiency maximization in meting out punishments for reasons of deterrence. Why should it be any different in the case of victims' families? The problem is that victims' families are not impartial in the way that judges are, and the punishments that would result would be rather variant and arbitrary.
Moreover, putting someone to death simply because it would make someone else or society feel better seems a weak justification.
Besides... if you are made to feel better by the death of someone else, there's clearly something wrong with you. And unfortunately, as history has shown us, many human beings derive sadistic pleasure from the practice of punishment. Those are the DP supporters who are evil.
But the key problem is:
Even apart from the problems above, retributivists have yet to construct a nonarbitrary way of deciding what sentence the guilty offender deserves as punishment.
The best cases for the DP rely on retributivist justifications, and these suffer from this terrible problem. At least with the utilitarian theories of punishment the problems are mainly practical.
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