Violent crimes such as murder and homicides have no doubt become a problem in the American community with gun policies worsening the situation. Towards ameliorating the situation, the criminal justice system’s role is to seek just punishment for such offenders as a means of deterring future similar acts or crimes. As such, there is no better way to punish murder convicts and criminals as well as reduce murder crimes than capital punishment, such as the death penalty.
While most people hate and speak against the death penalty as unethical, barbaric, and inhumane, the utilitarian theory disagrees with their sentiments and assertions. The theory essentially posits that the morality of an action is ascertained by its conformity the greatest happiness principle –which subsequently guides individuals to cause or set events in motion that produce the greatest amount of happiness for the greater number of individuals such as a society or community. On this accord, the theory maintains that capital punishment is permissible in cases of extreme and inhuman crimes such as murder or mass murder. However, according to Frasher (1993), two conditions have to be satisfied first. 1) The benefits to the society have to transcend the harm caused and 2) there must be strict guidelines for determining the appropriateness of capital punishment such as constitutional checks and balances.
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In essence, the American governance, constitution, and criminal justice system all satisfy both conditions above, and as such, death penalty should never be abolished; rather, it should be embraced as the perfect means of deterring murderous criminals. Indeed, the best type of government or system is one that has the most substantial consequences or punishment for crimes. Here, the theory maintains that the aim is not retribution or to make the criminal pay for his crimes, but rather to instill fear and prevent any future offenses. Thus, even though utilitarian theory distances itself from the “an eye for an eye” concept in retributive theory, it agrees that it is a significant way of deterring criminals. It is the fear it causes that makes the death penalty controversial, resulting in arguments against it; this essentially proves how effective it can be and why it should be adopted.
References
Frasher, D. W. (1993). Quieting the Controversy: A Rule Utilitarian Solution to the Capital Punishment Dilemma. San Diego Just. J. , 1 (2), 365-402. https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=147420
