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Libertarian perspectives on capital punishment

From Wikipedia, the free encyclopedia

Most libertarians oppose capital punishment.[1][2] They argue that capital punishment is an extreme exertion of state power, it is contrary to the values of a free society, authoritarian countries tend to be retentionist, and liberal-democratic societies generally abolitionist.[3][4]

Proponents of capital punishment believe that such punishment may be justified as a deterrent to particularly atrocious crimes and as a means of keeping dangerous individuals permanently incapacitated. Furthermore, if people commit crimes, they may sacrifice their rights and if the legal system is legitimate, perhaps capital punishment is justified. The U.S. Libertarian Party, a right-libertarian American third party, opposes "the administration of the death penalty by the state"[5] despite the large stake that conservatives would have in abolishing the death penalty.[6]

There is also the fundamental problem of the possibility of error or even the outright framing of the accused. To that effect, lack of trust in government to make decisions (including life-and-death decisions) competently or for the best motives may confound the issue; already deeply distrustful of government, they say, it should not be trusted to be an arbiter of life and death without error.[6] In any case, to anarcho-capitalists making judges, police officers, and other law enforcement personnel just as responsible for their acts as any citizen, with no privilege or special right or exemption, will prevent abuse of force in general, and of deadly force in particular. Walter Block went so far as to say, "We have seen that in the libertarian philosophy, the death penalty is justified for those whose crimes rise to a sufficient degree of severity. Surely, there are heads of state whose evil deeds many times eclipse such a level. Thus, it would altogether be justified to end their lives by violence."[7]

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  • Death Penalty: Justice, or Just Too Far? | Learn Liberty
  • Is the Death Penalty Ever Moral?
  • What Is Justice?: Crash Course Philosophy #40

Transcription

In 1983, an 11-year-old North Carolina girl was raped and suffocated, her body later found in a soybean field. Two mentally disabled half-brothers, Henry McCollum and Leon Brown, quickly became targets of the investigation. After hours of interrogation, McCollum and Brown each confessed. They were convicted and sentenced to die. Sounds like well-served justice. Public officials in North Carolina and across the country praised their death penalty conviction. But here's the problem: McCullom and Brown were innocent. After 30 years on death row, DNA evidence revealed another man, who'd lived near the scene and had a long record of sexual assaults, was the murderer. He was never investigated during the case. We nearly executed two men for a crime they did not commit. That shows just how dangerous the death penalty really is. Even if you think that some people deserve to die, governments make mistakes. That means having to accept the unacceptable: innocent people will die. That can't be undone and we cannot compensate for it the way we can with mistaken imprisonment. What if the death penalty doesn't make us any safer? It hasn't deterred crime more than life sentence without parole, nor have we seen a spike in murder rates following its abolishment in different states. Innocent people can and have been wrongfully sentence to die for many reasons. Take Curtis McCarty. He was sentenced to death for the murder of a police officer's daughter. After 22 years in prison he was exonerated. He returned home to his terminally ill mother and now adult son, and a granddaughter he'd never held. 22 years of Curtis McCarty's life were stolen from him because a forensic chemist with the Oklahoma City Police Department either intentionally altered or lost evidence related to the case. That same chemist participated in over 3,000 other cases; 23 resulted in death sentences. Does that make you feel safe? How many more innocent people should we let die before we abolish the death penalty once and for all?

Further reading

  • Decker, Jarret (2008). "Capital Punishment". In Hamowy, Ronald (ed.). Nozick, Robert (1938–2002). The Encyclopedia of Libertarianism. Thousand Oaks, CA: SAGE Publications, Cato Institute. pp. 51–54. doi:10.4135/9781412965811.n220. ISBN 978-1412965804. LCCN 2008009151. OCLC 750831024.

References

  1. ^ Archived at Ghostarchive and the Wayback Machine: "Death Penalty: Justice, or Just Too Far? | Learn Liberty" – via www.youtube.com.
  2. ^ Archived at Ghostarchive and the Wayback Machine: "Why You Should Oppose The Death Penalty" – via www.youtube.com.
  3. ^ "Abolitionist and Retentionist Countries". Death Penalty Information Center.
  4. ^ "Death Penalty". Amnesty International.
  5. ^ "Platform". 11 July 2018.
  6. ^ a b SpearIt, Reimagining the Death Penalty: Targeting Christians, Conservatives (15 July 2020). Buffalo Law Review Vol. 68 (2020), Available at SSRN: https://ssrn.com/abstract=3651740
  7. ^ Block, Walter (2006). "Radical libertarianism: applying libertarian principles to dealing with the unjust government, Part II" (PDF). Reason Papers.
This page was last edited on 11 January 2024, at 18:11
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