Death and Justice
Arguments against capital punishment: 1. The death penalty is “barbaric”. 2. No other major democracy (except the US) uses the death penalty. 3. An innocent person might be executed by mistake. 4. Capital punishment cheapens the value of human life. 5. Thou Shalt Not Kill. 6. The death penalty is state-sanctioned murder. Edward I. Koch’s counter-arguments: A On the contrary, it can be easily demonstrated that the death penalty strengthens the value of human life. When we lower the penalty for murder, it signals a lessened regard for the value of the victim’s life. Some critics of capital punishment have suggested that a life sentence is actually a harsher penalty for murder than death. This is sophistic nonsence. A few killers may decide not to appeal a death sentence, but the overwhelming majority make every effort to stay alive. It is by exacting the highest penalty for the taking of human life that we affirm the highest value of human life. B The Bible is our greatest source of moral inspiration. Opponents of the death penalty frequently cite the sixth of the Ten Commandments in an attempt to prove that capital punishment is divinely proscribed. In the original Hebrew, however, the Sixth Commandment reads “Thou Shalt Not Commit Murder”, and the Torah specifies capital punishment for a variety of offences. C This is the defence with which convicts themselves hope to soften the resolve of those who sentenced them to death. By saying in effect, “you’re no better than I am,” the murderer seeks to bring his accusers down to his own level. It is also a popular argument among opponents of capital punishment, but a transparently false one. Simply put, the state has the rights that the private individual does not. In a democracy, those rights are given to the state by the electorate. D Sometimes opponents of capital punishment horrify with tales of lingering death on the gallows, or faulty electric chairs, or of agony in the gas chamber. Partly in response to such protests some states switched to execution by lethal injection. The condemned person is put to death painlessly, without ropes, voltage, bullets, or gas. However, it’s not the method that really troubles opponents. It’s the death itself they consider barbaric. Admittedly, capital punishment is not a pleasant topic. We may not like the death penalty, but it must be available to punish crimes of cold-blooded murder, cases in which any other form of punishment would be inadequate and, therefore, unjust.
F No other major democracy – in fact, few other countries of any description – are plagued by a murder rate such as that in the United States. Fewer and fewer Americans can remember the days when unlocked doors were the norm and murder was a rare and terrible offence. It is not surprising that the laws of each country differ according to different conditions and traditions. If other countries had our murder problem, the cry for capital punishment would be just as loud as it is here. And I daresay that any other major democracy where 75 percent of the people supported the death penalty would soon enact it into law.
º Ex. 38 A. Now listen to Michael Swarovski, a candidate for the Senate in the State of Texas. In this radio interview he gives his views on the death penalty. Is he for or against it? B. What do these numbers on the tape refer to? 32 500 2 20 100,000 3 million C. Here some points on the other side of the argument. What does Mr Swarovski say about each of these points? 1 We must not kill a person just to save money. 2 A killer can be treated by a psychologist and become a normal person. 3 Revenge is not the same as justice. 4 We must look for the right punishment. 5 While a prisoner is alive, he has hope. 6 The death penalty does not stop killers.
Ex. 39 Write an essay “Capital Punishment: For and Against”, stating you point of view in this debate. Essay structure:
LAW Ex. 40 A Read the text and insert articles where necessary: Law Law is ___ set of enforced rules under which __society is governed. Law is one of __ most basic social institutions – and one of ___ most necessary. No society could exist if all people did just as they pleased, without regard for __ rights of others. Nor could __ society exist if its members did not recognize that they also have certain obligations toward one another. The law thus establishes __ rules that define ___ person's rights and obligations. The law also sets penalties for people who violate these rules, and it states how government shall enforce ___ rules and penalties. However, __ laws enforced by government can be changed. In fact, laws frequently are changed to reflect changes in __ society's needs and attitudes. In most societies, various government bodies, especially police agencies and courts, see that __ laws are obeyed. Because __ person can be penalized for disobeying the law, most people agree that laws should be just. ___ laws enforced by government have usually had __ strong moral element, and so justice has generally been one of ___ law's guiding principles.
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E According to Mr. Bedeau, one of the opponents of capital punishment, it is “false sentimentality to argue that the death penalty should be abolished because of the abstract possibility that an innocent person might be executed”. He cites a study of 7000 executions in this country from 1893 to 1971, and concludes that the record fails to show that such cases occur. The main point, however, is this. If government functioned only when it the possibility of error didn’t exist, government wouldn’t function at all. Human life deserves special protection, and one of the best ways to guarantee that protection is to assure that convicted murderers do not kill again. Only the death penalty can accomplish this end.
