You have not explained why the right to life is exempt from the other rights that may be forfeited through crime.

I like to think that Arabs, Persians and Chinese are just as corruptible and violent as the rest of humanity.

Second, one does forfeit certain rights by virtue of crime. Why should the “fundamental” right to life be exempt?

Actually societies with a basic eye-for-an-eye justice system fare much better when it comes to the murder rate. Just look at China, Iran and Saudi Arabia.

The goals of punishment do not imply rights for convicted felons. They are simply the objectives that the society wishes to achieve. If some of the objectives cannot be achieved, or have to be sacrificed to achieve higher goals, then that does not constitute an injury to the rights of the convict.

I would agree that it is difficult to prove or disprove the deterrence value of capital punishment but it does stand to reason that if people instantly dropped dead every time they committed a murder, then there would be very few murders.

Secondly, even in the case of thievery, the punishment is not in repossessing the ill-gotten gains. That is merely restitution and does not constitute a penalty paid by the thief. A fine such as I was referring to is one that is paid over and above the value of the stolen cash or merchandise.

Finally, an executed criminal is paying for his past crimes and his death serves as a deterrent to future criminal activity. He is not hanged for what he might do, but for what he has already done. However in deciding for or against the death penalty, society weighs what is in its best interests. Mercy is a privilege not a right. Neither is the opportunity for rehabilitation a right. If it serves society’s best interests to rehabilitate, then by all means we should. But by the same token, if our interests are better served by deterring other criminals and at the same time eliminating a clear and present danger, then I see nothing immoral in doing so.

Secondly, to state that we cannot demand an-eye-for-an-eye recompense is to put the criminal himself in the position of determining what can or cannot be done to him. Since we do not wish to be like thieves, then society cannot take for itself a thief’s hard earned property through a system of fines. The very act of thieving would thus deprive society of resort to this kind of punishment and kidnapping would automatically outlaw jail sentences. The criminals would be the new legislators.

Your objection to the deterrent value of capital punishment is similarly flawed. All form of punishment is geared to achieving three goals: compensation, rehabilitation and deterrence. We jail thieves so as:

1) to get some sort of compensatory justice in that they got what was coming to them;
2) to attempt within the prison system, to rehabilitate them by showing them the error of their ways and hopefully giving them a socially acceptable alternative course of action; and
3) to deter him and other would-be criminals by promising similar treatment (in the famous words of Vioja Mahakamani, ili iwe funzo kwa wengine wenye tabia kama hiyo).

The deterrence value of punishment (capital or otherwise) is an important safeguard for society. And it does involve an element of (to paraphrase M) punishing someone for sins both he and others are yet to commit. However, by engaging in criminal activity, one does forfeit one’s rights and society can then rightfully proceed to impose sanction.

1. This event was a grim reminder of the veracity of the statement: “Those who live by the sword will die by the sword.”

2. I would hesitate to sacrifice justice at the altar of feel-good mushiness. In every circumstance concerning the taking of another human life, above all – Justice must be served. Make no mistake – Anyone who loves freedom and democracy places himself/herself in harm’s way when they refuse to deal with the grim decision that they have to make when dealing with those who do not respect the sanctity of life. Life is sacred. Anyone who deliberately and without remorse takes the life of another human being deserves no less than death.