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Dylan Pidich. Boston College Philosophy. . "Does The Retributive

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Dylan Pidich
Boston College Philosophy

"Does the retributive theory of punishment deter crime?"

“We demand of a deterrent not whether it is just but whether it will deter. We demand of a cure not whether it is just but whether it succeeds. Thus when we cease to consider what the criminal deserves and consider only what will cure him or deter others, we have tacitly removed him from the sphere of justice altogether; instead of a person, a subject of rights, we now have a mere object, a patient, a ‘case’.” C.S. Lewis

C.S. Lewis wants us to believe that the process of rehabilitating a criminal is so heinous that it is better to execute him for his own best interests. I remember a similar myth about slavery – that southern slaves were …show more content…

Why? Because the instincts that are warring in man are not, as the law claims, constant forces in a state of equilibrium.” Albert Camus.

“A recent study by Professor Michael Radelet and Traci Lacock of the University of Colorado found that 88% of the nation’s leading criminologists do not believe the death penalty is an effective deterrent to crime. The study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists, published in the Journal of Criminal Law and Crimonology, concluded, “There is overwhelming consensus among America’s top criminologists that the empirical research conducted on the deterrence question fails to support the threat or use of the death penalty.” A previous study in 1996 had come to similar conclusions.”

What do criminologists know about the death penalty? Why should we give credence to these professionals instead of trusting the ordinary jurist man? “The Humanitarian theory, then, removes sentences from the hands of jurists whom the public conscience is entitled to criticize and places them in the hands of technical experts whose special sciences do not even employ such categories as rights or justice. It might be argued that since this transference results from an abandonment of the old idea of punishment, and, therefore, of all vindictive motives, it will be safe to leave our criminals in such hands. I will not pause to comment on the simple-minded view of fallen human nature which such a belief implies.” C. S.

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