Is Capital Punishment Just? Assessing the Death Penalty Using Justice Theory

Abstract

In this paper, I introduce and compare & contrast well-known theories of justice. Then, I introduce realities of capital punishment practice in the United States using both descriptive empirical data and summaries of recent studies of the death penalty. Finally, I assess capital punishment in terms of ways in which it is consistent and inconsistent with the major theories of justice. The primary goal of the paper is to answer the question of whether capital punishment in the United States is just or not, and why. This is the first time these theories of justice have specifically been applied to capital punishment as it is currently practiced in the United States.