ABSTRACT
This chapter presents background information about the use of capital punishment before turning to considerations of its justification. Capital punishment has been practised by human societies from their beginning to punish a variety of crimes, such as murder, rape, adultery, sexual assault, treason and espionage, and stealing horses. The business of the state is to protect and promote the well being of its citizens. Kidnapping and extortion are crimes that lack justification with innocent victims. An imprisoned burglar is not kidnapped, but convicted and punished for his crime. Restorative justice aims at the restoration of damaged relations between offenders, victims, and the community. Most restorative justice proponents defend this approach as an alternative to so-called hard treatment, such as prison and capital punishment. Restorative justice opposes capital punishment by its nature. Rehabilitation, unlike restorative justice, has been promoted as a theory of punishment applicable to all offenders.
