ABSTRACT

This chapter engages with the various strategies adopted in pursuit of the abolition of capital punishment and proffers a model that is both evidence based and holistic in preparing for abolition and its aftermath. In our opinion it is essential to such an approach that attention and resources are dedicated to improving legal services, prison and police practices, crime victims’ services, humane and proportionate alternatives to the death sentence, the public and elites’ knowledge about the death penalty and finally promoting a political philosophy that avoids reinforcing the myths of the benefits of capital punishment. The replacement of capital punishment and all its trappings should be addressed as a penal policy issue informed by reference to the wealth of available evidence. Paradoxically, abolition of the death penalty itself rarely leads to improvements to the administration of justice that such a radical step would indicate. Reliance by many abolitionists on the moral high ground can be counter-productive, though that is not to deny that there is a moral and an emotional dimension. In this brief overview, we will address some of the most frequently cited justifications for the death penalty including the theories of deterrence, retribution and incapacitation, as well as looking at the concept of abolitionism itself. Issues relating to the law, victims, public opinion, moratoria and alternatives to the death sentence will also be explored.