Tuesday, August 31, 2010

Thom Brooks, "Retribution and Capital Punishment"

SSRN (via Mirror of Justice)

It is similar to the argument that capital punishment is to be avoided since it can't be undone, and can be considered a development of that argument, by looking at what is required by justice for the execution of human justice, in the conviction and punishment of individuals.

What is required for the possession of moral certitude on the part of the judge or jury? Is does justice necessitate that one should consider (or eliminate) the potential for error beyond this?

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