MODR 1760 Chapter Notes - Chapter 4: Categorical Imperative, Malice Aforethought, Immanuel Kant
14 Sep 2017
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Jury is not required to find any mitigating circumstances, but must find statutory aggravating circumstances before death sentence. Jury is focused on specific circumstance of crime: why did he commit the crime(?) Immanuel kant the retributive theory of punishment: punishment justified by criminal"s guilt, murderer"s appropriate punishment is death, no substitute, only punishment is death. If there is no justice, all values and moral would perish: retaliation. Justice, excess, degradation: by committing crime, criminal risked of receiving legal punishment, two objections, penalty may be excessive, penalty may be morally degrading, no crime could justify capital punishment. Justice brennan: penalty degrades the executed convict, death resulted from deliberate social imposition. Jeffrey h. reiman against the death penalty. Less severe punishment may have the same effect in reality: refraining the death penalty reduces our tolerance for cruelty and thereby fosters the advance of human civilization, conveys the awfulness of torture.
