Chapter

Death as Incapacitation

Matthew H. Kramer

in The Ethics of Capital Punishment

Published in print December 2011 | ISBN: 9780199642182
Published online January 2012 | e-ISBN: 9780191732188 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199642182.003.0004
Death as Incapacitation

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This chapter examines the incapacitative justification of capital punishment. The central idea in that rationale is that thugs who are strongly disposed to engage in savage murders are too dangerous to be kept alive. Given the strongly consequentialist character of the incapacitative line of thought, it suffers from many of the same weaknesses which afflict other consequentialist approaches to the death penalty. Like retributivism, moreover, the incapacitative approach runs afoul of the Minimal Invasion Principle.

Keywords: incapacitation; consequentialism; punishment; Minimal Invasion Principle; savage murders

Chapter.  8150 words. 

Subjects: Criminal Law

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