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There is simply no system for “Eye for an Eye”
“Eye for an Eye” is a metaphorical statement which offers disguise for retribution and lacks guidance
Proves no true retribution, the act of producing suffering requires some part barbaric treatment
"Eye for an eye" provides no retribution for the death penalty
Equality nor proportional retribution provide justification for the death penalty
Abolishing the death penalty would provide two important messages:
1. Respect for life by preserving the sanctity of life and dignity of human beings
2. Exercise restraint of violence, sanctioning violence only for self defense
Proportional Retribution: punishment proportional to the crime; murderers do not get executed
“Severity of a punishment should be commensurate with the seriousness of the wrong,” Von Hirsch
This theory is not specific enough, as noted by von Hirsch
Proportionality is too flexible, it leaves too many punishments applicable for murder
Equality Retribution is immoral and impossible
Proportional Retribution is too flexible
Human life is sacred
“Treat humanity, in any case, as an end withal, never as a means to an end,” Kant
Death Penalty is not defensive violence
Respect for life is restraint from violence
“In defense of human well being, we may punish people for their crimes, but we ought not to deprive them of everything, which is what the death penalty does.”
Despite cruel and unusual punishment we continue to pass the death penalty
Personal Desert & Human Desert
Reinstate and reaffirm belief in human rights at the core of human dignity
Equality Retribution states punishment should be equal to crime; fails because there is no way to systematically determine punishment
There is no general rule to this theory and provides no criterion for determining punishment
We could not design a system of punishment simply on the basis of “eye for an eye"
A person’s actions determine what a person deserves
We ought to treat people the way they treat others, or lex tailouis
An attractive view prompted by moral common sense, tradition and philosophical thought
Kant states it is incredibly difficult to adopt a legal justice system
The Principle of Equality is an attempt to treat others the way you ought to be treated
Believe in the undeserved evil
Only the law of retribution, or jus talionis can attempt to provide the degree of punishment