“Victims of Crime” and “Victims of Justice”

The ongoing battle in the United States between people in favor of the death penalty and those opposing it has always been quite fierce. In 1972, a first round was won by those opposing it when the Supreme Court ruled, in Furman v. Georgia, ¹ that the death penalty constitutes “cruel and unusual punishment,” in violation of the Eighth and Fourteenth Amendments. Executions were stopped until 1976, when the same Supreme Court, in Gregg v. Georgia, reinstated capital punishment. ² After 1976, the debate between those who contest and those who defend the death penalty changed radically. It centered increasingly on the use of “types” or “figures,” which to this day plays a major role. ³ Thanks to their materiality, these figures were able, on one side, to attract not only attention but also sympathy and empathy, thus winning over the majority of the audience to their respective cause and, on the other, to benefit from the financial assistance that states provide through compensation programs.