Inferring and Explaining

ChaPter thIrteen Capital Punishment and the Constitution Te death penalty remains fraught with arbitrariness, discrimination, caprice, and mistake. . . . Rather than continue to coddle the Court’s delusion that the desired level of fairness has been achieved and the need for regulation eviscer- ated, I feel morally and intellectually obligated simply to concede that the death penalty experiment has failed. —JustIce BlacKmun, callIns v. collIns 1 Arguments from Pure Principle: For and against the Death Penalty Americans are passionately divided about capi- tal punishment. About 55 percent say that they are in favor of the death penalty, while about 41 percent are opposed. 2 Te argument that one most ofen hears in its support appeals to basic principles of justice. Te kinds of crimes that warrant death at the hands of the state are so brutal, violent, and just plain evil that it is only reasonable that murders would pay the ultimate price. Death penalty abolitionists appeal to con- trary intuitions of basic principle. Tey argue that the death penalty itself is brutal, violent, and just plain evil. Yes, murder is the most seri- ous crime and deserves the most serious crimi- nal punishment. But opponents believe that at this stage of society’s development, life impris- onment without the possibility of parole is an incredibly serious form of punishment and to go any further crosses amoral line and degrades the basic moral foundations of our society. I am far from neutral on this debate. As long as I can remember having strong moral or political stances regarding anything, I have been a pas- sionate opponent of the death penalty. 117