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Summary Week 5 Assignment.docx The Ambiguity of Capital Punishment PHI 208: Ethics and Moral Reasoning The Ambiguity of Capital Punishment Part 1: Introduction Is capital punishment ever ethically justifiable? If so, in what specific cases and for what purp $7.49   Add to cart

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Summary Week 5 Assignment.docx The Ambiguity of Capital Punishment PHI 208: Ethics and Moral Reasoning The Ambiguity of Capital Punishment Part 1: Introduction Is capital punishment ever ethically justifiable? If so, in what specific cases and for what purp

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Week 5 A The Ambiguity of Capital Punishment PHI 208: Ethics and Moral Reasoning The Ambiguity of Capital Punishment Part 1: Introduction Is capital punishment ever ethically justifiable? If so, in what specific cases and for what purposes? Capital punishment, or the death penalty, is nothing...

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The Ambiguity of Capital Punishment 1

The Ambiguity of Capital Punishment




PHI 208: Ethics and Moral Reasoning


The Ambiguity of Capital Punishment


Part 1: Introduction


Is capital punishment ever ethically justifiable? If so, in what specific cases and

for what purposes? Capital punishment, or the death penalty, is nothing new historically

speaking. It has existed since civilizations rose from the earth. The ethics behind capital

punishment is often in question, at least in the perspective of the people that reside in the

United States of America. Capital punishment is currently authorized in 28 states, with

six states having abolished the death penalty legislatively and replacing it with a sentence

of life imprisonment with no option for parole; states within the United States still debate

its fairness, reliability, and cost of implementation (Widgery & McInnes, 2020). In the

modern perspective, it is questioned whether capital punishment is a cruel and unusual

punishment, specifically focusing on the flaw in ethical or moral reason in the justice

system. The fallacy in capital punishment lies in racial discrimination, errors, and

fickleness of the judicial system, which in the end turns the criminal into a victim.


Amnesty International (2012), which is a human rights organization, shined light

on the racial biasedness of capital punishment, stating that “since 1977, the

overwhelming majority of death row defendants (77%) have been executed for killing

white victims, even though African-Americans make up about half of all homicide

, The Ambiguity of Capital Punishment 2

victims”. It is also worth mentioning that since 1973, only 140 people were released from

death row throughout the U.S. from newly acquired evidence, acquitting them from their

sentence, with over 1,200 people being executed, which gives further support for the

fallacy of capital punishment (Amnesty International, 2012).


Despite these fallacies, retribution is still imperative. The proven guilty

individuals deserve punishment in a level which corresponds to the gravity of the crime

that they have chosen to commit. The results of capital punish indefinitely lead to a

greater overall good. Through the application of the ethical theory of utilitarianism, it will

be shown that capital punishment is for the greater good of the public, while also taking

into consideration the greatest opposing argument, the Kantian deontological perspective,

where the ends do not necessarily justify the means.


Part 2: Ethical Argument


There is an adage that goes along the lines of “an eye for an eye”. This adage is in

correspondence to retributivism. The retributive argument has three beliefs, including that

all those who are guilty deserve to be punished, that only those who are guilty deserve to

be punished, and that those who are guilty deserve to be punished in the same manner

and to an equal level of those crimes that they have committed (Waller, 2011). In society

at large, there is a system of laws and rights that all society members agree upon, along

with punishments for breaking those laws.


The main argument against retribution, claiming that it is immoral, is the fact that

retribution is a form of vengeance or revenge. However, just retribution can easily be

distinguished from revenge. In a society at large, there is a system of laws and rights that

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