ABSTRACT
Capital punishment (or ‘the death penalty’) is the most severe form of punishment generally permitted, where the convicted are executed. It is also the subject of intense debate about its justification and whether the state should execute its citizens. This chapter will begin by presenting background information about the use of capital punishment before turning to considerations of its justification. Perhaps one surprising result is that, often, any one penal theory may offer support to both sides of the debate. While it may be tempting to believe that accepting one particular theory of punishment commits its proponents to a single conclusion, we will discover that most theories may lead to split conclusions or be inapplicable. Some theories, such as the unified theory, are able to best account for why capital punishment may be justified if at all, and this chapter will attempt to illuminate why this is the case.
