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Just Desert
In March of 1996, David E. Powers wrote in the Baltimore Jewish Times: “Except outside death row; all over this country the bloodthirsty hold vigils near prisons as executions draw near. In peculiar scenes proponents of capital punishment count down to the instant of death. They cheer when they expect the deed is done. Opposite them others stand vigil against the death penalty. Both groups assemble to celebrate their moral positions, to make known to the world the joy or sorrow they feel when the state takes a life” (Powers, 1996).
Just desert is a punishment theory better known as "retribution". When referring to the term ‘retribution’, this can cover a range of measures as this sentencing philosophy can be stretched from extreme forms of punishment to very mild variations. For example, in its crudest form, a retributive action is identical to vengeance. This is summarized in the Roman sentencing rule of Lex Talionis (Keller, 2006). This principle, dates back to the Babylonian Code of Hammurabi, restated in the Old Testament as "If any harm follows, then you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe” (Keller, 2006). In all actuality; for this to be true, courts would have to argue for police to murder a murderer, rape a rapist, torture a torturer and beat a wife-beater. Imagine how inconceivable this would be to the American public. However; Lex Talionis is indefensible.
Lawyers also argue that capital punishment deters crime which is an argument doubtful on several standpoints. Obviously, this is the touchy issue; the rare instance where an innocent is put to death for a crime they did not commit. Because there are notable errors in our legal systems, capital punishment must be kept at a minimum and only the accused, without a shadow of a doubt are executed. But; mistakes have been made.
For example,...