There are certain situationswhere results matter more than intentions.
An engineer who builds a bridge, for example, may have intended for it to be successful, but a faulty design would render him liable if someone lost their life while crossing said bridge.
A CEO who intended to make his company richer only to end up declaring bankruptcy is again remembered for his results, not intentions.
The idea that actions are judged by their outcomes and not by their intentions is something that is seen in the real world all the time, and yet people feel anxious and ambivalent in using this as a medium to judge law-makers and politicians.
We then make the mistake of believing that the egregious outcomes of some laws should be excused provided that they were originally written in good faith.
The death penalty is one such law. Although written with seemingly good intentions, it has still brought about more harm than good.
Yes, everyone wants to hang murderers, rapists, pedophiles, and the rest of societys scum as it seems to be the right thing to do and it appears to be with good intentions.
The reason why civilized countries have abolished the death penalty, however, is because they realized that it is actually not as just as the self-righteous claimit to be.
More specifically, the death penalty is not justified because of its high cost for the taxpayer, and its incompatibility with an individuals natural and universally-understood rights. These two affronts to liberty an assault on the taxpayer and an assault on civil liberties is why libertarians are the only ones within the right-wing community to despise capital punishment.
To begin, the death penalty is not justified (i.e. it is not reasonable or fair) because it is both highly inefficient and highly ineffective for the taxpayer. Primarily, the death penalty is ineffective because it neglects to do its job as a punishment in a civilized legal code: deter crime. There is not a single nation-state in the world that has, through implementing capital punishment, achieved a lower crime rate.
In fact, American states that still have the death penalty have, on average, a 25% higher homicide rate than states that do not have such a punishment (Deterrence: States Without the Death Penalty Have Had Consistently Lower Murder Rates).
We see in the above citation that everyoneloses when the death penalty is in effect, and that this punishment only brings about more pain and sorrow for our society, not less. If a penalty only serves to perpetuate a problem that it was meant to solve, then it has no business being included in the criminal code.
On top of not being effective, the death penalty is simply not efficient even if you believe the end goal isnt to deter crime but to instead exact revenge.I say this because the death penalty curses society with an unfair financial burden.
The State of Maryland is just one of many places where the death penalty serves as a colossal waste of tax dollars as the death penalty cases cost 3 times more than the non-death penalty ones.
On top of this, we see a similar complaint with law professor, JeffreyFagan, who estimates that the cost of an individual state execution can range anywhere between $2.5 million and $5 million.
Both Fagan and the State of Maryland teach us that the death penalty is a more expensive alternative than simply incarcerating a violent felon because defense lawyers will seek a lot more appeals for court cases if their client is otherwise faced with certain death.
These appeals combined with the time and money needed to hear and file them all cost the taxpayer extra money.
I think it goes without saying that we, as libertarians, have a very low tolerance for taxation as we can often be heard equating it to theft (which it is), and that is why we can never advocate for a policy that only triples the amount of theft we allow our robbers politicians to get away with.
Furthermore, when the taxpayer is really paying for a system that does not benefit them at all, it is easy to realize that the death penalty really isnt worth paying for.
With regard to the economic argument here, something can also be said about the issue of opportunity costs because the death penalty diverts resources from more effective programs that have actually been proven to reduce crime, i.e. money spent on taking a life (plus the tedious legal work behind it) is money that could have been used on the families of murder to accommodate psychological healing.
The money could have also been used for mental health research that could preclude others from going down a criminal path or even be used to uplift poverty-stricken communities and provide them with the resources and education needed to make crime unnecessary for ones survival.
Moreover, introducing the death penalty would be in violation of ones rights as declared in the Universal Declaration of Human Rights (UDHR).
In particular, article 3 of the UDHR states that everyone has the right to life, liberty and the security of the person.
The reason why this creed is so important is because it shows that life is an unalienable right bestowed on to every human being and that taking away this right would not only violate constitutional law, but also natural law.
Life, liberty, and the pursuit of happiness are supposed to, in theory, be immune to positive law passed by humans. What this means is that no legislature is supposed to be able to draft a law that strips away any of these rights nor can an independent judiciary order one to surrender them. The state, in theory, is not even supposed to be the one to dispense the right to live but rather, they are obligated to protect and defend it.
A failure to protect and defend this right, even for societys most unwanted, will mean that the state is stooping down to the very murderers that they wish to hang.
Ultimately, the death penalty is not just breaking some abnormal right or privilege it is breaking a universally-understood right. And to violate such a right in its rawest, most natural form is grounds for an outcry from the libertarian community.
In the end, if there is one thing that libertarians will go to war over, it is, as their name implies, liberty. I then assert that the community should continue on with its crusade against things like the death penalty for it violates both the financial liberty of the taxpayer and the natural liberty of the individual.
We must remember that just because it may sound good to finally get revenge on those who have raped, murdered, or committed acts of terrorism against their fellow citizens, the greater injustice will always be allowing that thirst for revenge to trivialize both the taxpayer as well as the sacred possessions of life and liberty for all.
See also:
https://www.amnestyusa.org/issues/death-penalty/death-penalty-facts/death-penalty-and-innocence/
http://facade1.law.columbia.edu/law_school/communications/reports/summer06/capitalpunish
* Christopher X. Henry has just graduated high school and will be attending the University of Toronto to study political science. He wishes to become a lawyer, writer, and politician and has taken up writing as a hobby for both Being Libertarian and his own blog and Facebook page, Freedom Papers.
Like Loading...
See the original post:
A Libertarian Case Against the Death Penalty - Being Libertarian
- KISS Army horing the US Army - November 7th, 2009 [November 7th, 2009]
- Post-Election: Liberal Columnist Peter Beinart says GOP now has a "libertarian thrust" - November 7th, 2009 [November 7th, 2009]
- Indiana Gov. Mitch Daniels goes Libertarian: Orders 10% Cut for State Agencies - November 7th, 2009 [November 7th, 2009]
- Libertarian Group calls for Apology from Obama for his insulting and inappopriate Remarks after Ft. Hood - November 7th, 2009 [November 7th, 2009]
- Now the responsibility of American Muslims is to expose the Radical Jihadists among us - November 7th, 2009 [November 7th, 2009]
- Lt. Col. Ralph Peters on Hasan, calling it like it is - November 7th, 2009 [November 7th, 2009]
- Rush County Residents Start Effort to Organize County - November 8th, 2009 [November 8th, 2009]
- Libertarian Party of Marion County Announces Second Annual Canned Food Drive - November 8th, 2009 [November 8th, 2009]
- Cato: Federal Education Results Prove the Framers Right - November 8th, 2009 [November 8th, 2009]
- Bell: If a picture is worth a thousand words, what's a word worth?... - November 8th, 2009 [November 8th, 2009]
- Maguire: How I will Vote on Wishard This Tuesday - November 8th, 2009 [November 8th, 2009]
- Contrary to Popular Belief... There IS an Election TODAY - November 8th, 2009 [November 8th, 2009]
- That Would be Perfect: Stop the RTA - November 8th, 2009 [November 8th, 2009]
- Press Release: Libertarian Party Reaction to Voters Defeating the RTD - November 8th, 2009 [November 8th, 2009]
- An Easy Way To Email Your Senators on Obamacare and Responsible Energy Policy - November 8th, 2009 [November 8th, 2009]
- The Bell Curve: Oh yeah, that's a lot better... Property Tax "solution" Destroying Indiana Small Business - November 8th, 2009 [November 8th, 2009]
- Libertarian City Councilman Mark Byrne, Port Huron, MI wins endorsement of Local Paper for Reelection - November 8th, 2009 [November 8th, 2009]
- WASHINGTON STATE: Race for King County Executive one to watch - November 8th, 2009 [November 8th, 2009]
- Closeted Republican could be elected Atlanta's next Mayor - November 8th, 2009 [November 8th, 2009]
- Obama will own a Corzine loss - November 8th, 2009 [November 8th, 2009]
- Jason Shih, Photo of Corzine Staffer busted for Drugs - November 8th, 2009 [November 8th, 2009]
- Sarah Palin blasts Biden over Energy Hypocrisy - November 8th, 2009 [November 8th, 2009]
- Murder in Arizona: Father runs over Daughter in so-called "Honor Killing," she had become "too Westernized" - November 8th, 2009 [November 8th, 2009]
- Races to Watch for Libertarian Republicans 2009 - November 8th, 2009 [November 8th, 2009]
- HUGE NEWS OUT OF TEXAS!! Scores of Democrat County Officials Switch to Republican - November 8th, 2009 [November 8th, 2009]
- Chris Christie Wins!!! - November 8th, 2009 [November 8th, 2009]
- Dedicated to Governor-Elect Chris Christie and the Citizens of the Great State of New Jersey - November 8th, 2009 [November 8th, 2009]
- Republicans win 6 new Seats in Virginia House of Delegates - November 8th, 2009 [November 8th, 2009]
- Post-Election Party Switchers from Democrat to Republican: 8 so far in Texas - November 8th, 2009 [November 8th, 2009]
- Libertarian Party Election Results: 5 Victories, 1 Heartbreaking Loss, 1 Big 2nd place finish - November 8th, 2009 [November 8th, 2009]
- Rand Paul questioned on his Libertarian ties, Father's controversial Foreign Policy views - November 8th, 2009 [November 8th, 2009]
- Libertarian "RINO" wins County Council seat in Erie, Pennsylvania - November 8th, 2009 [November 8th, 2009]
- Republicans sweep Westchester County, New York on Anti-Tax message - November 8th, 2009 [November 8th, 2009]
- GOP Congressional candidate Alan West says Fort Hood tragedy "proof" Jihadists infiltrating our Military - November 8th, 2009 [November 8th, 2009]
- TEXAS STATE REPRESENTATIVE SWITCHES TO REPUBLICAN!!! - November 8th, 2009 [November 8th, 2009]
- Minnesota DFL may have a Big Problem on its hands for 2010: Lynne Torgerson - December 12th, 2009 [December 12th, 2009]
- New Poll: 39% of Israelis believe Obama is a Muslim - December 12th, 2009 [December 12th, 2009]
- Since Obama elected "Worst Year" for Homegrown Islamic Terrorism - December 12th, 2009 [December 12th, 2009]
- A Pro-Islamist President? Obama's ties to the Muslim World exposed - December 12th, 2009 [December 12th, 2009]
- Libertarian Party of Marion County Holds Holiday Party to Benefit Second Helpings - December 13th, 2009 [December 13th, 2009]
- Tippecanoe County Libertarian Party Plans to Walk in Christmas Parade - December 13th, 2009 [December 13th, 2009]
- NRA: Bloomington, Indiana Herald-Times Treats Law-Abiding Gun Owners like Registered Sex Offenders! - December 13th, 2009 [December 13th, 2009]
- Kole Hard Facts of Life: Great Post On Copenhagen Global Warming Issues - December 13th, 2009 [December 13th, 2009]
- SchansBlog: ClimateGate extravaganza - December 13th, 2009 [December 13th, 2009]
- Scherschel: A Letter to the Editor of the Bloomington Herald Times - December 13th, 2009 [December 13th, 2009]
- Press Release: Libertarian Party of Johnson County Wants Voters To Decide on Jail Expansion - December 13th, 2009 [December 13th, 2009]
- LPIN HQ Seeks Interns in 2010 - December 13th, 2009 [December 13th, 2009]
- Cato: More Federal Health Care Fraud - December 13th, 2009 [December 13th, 2009]
- Indiana Election Division Releases Important 2010 Election Guides - December 13th, 2009 [December 13th, 2009]
- Mahmoud Ahmadinejad preparing Holy War against the United States - December 13th, 2009 [December 13th, 2009]
- Pro-Liberty Students in Iran Protest Against the Government - December 13th, 2009 [December 13th, 2009]
- It's Official! Tea Party Movement founded by Libertarian Republicans and that settles it! - December 13th, 2009 [December 13th, 2009]
- Good news for Republicans against Dodd; All three GOPers come out ahead - December 13th, 2009 [December 13th, 2009]
- Massachusetts GOP: We have a candidate - December 13th, 2009 [December 13th, 2009]
- Libertarian Republican bloggers discuss Climategate, Health Care and Hot Political Races - December 13th, 2009 [December 13th, 2009]
- Panel votes against Impeachment for Libertarian Republican Gov. Mark Sanford - December 13th, 2009 [December 13th, 2009]
- Reid Senate Plan includes Individual Mandates: $750 Fine for Non-Compliance - December 13th, 2009 [December 13th, 2009]
- OHIO: More gains in latest poll for Fiscal Conservative John Kasich - December 13th, 2009 [December 13th, 2009]
- Yet another bigtime incumbent Dem calls it quits; Rep. Brian Baird (WA) faced increasingly tough Reelection - December 13th, 2009 [December 13th, 2009]
- RCP running average for Obama Approvals drops to 48.9% - December 13th, 2009 [December 13th, 2009]
- Sarah Palin, Ron Paul ticket 2012? Sarah on Top - December 13th, 2009 [December 13th, 2009]
- Libertarians attacked by Leftists at Welcoming Event in Copenhagen - December 13th, 2009 [December 13th, 2009]
- Baucus mistress Melodee Hanes sleeping her way to the Top - December 13th, 2009 [December 13th, 2009]
- Not the First Time Baucus has had a Sex Scandal: Harrassment Allegations back in 1999 - December 13th, 2009 [December 13th, 2009]
- Baucus "Bimbo Eruption" gains Criticism back Home; Calls for his Resignation - December 13th, 2009 [December 13th, 2009]
- Senator DeMint officially endorses Michael Williams for US Senate - Texas - December 13th, 2009 [December 13th, 2009]
- WISCONSIN: Terri McCormick for Congress - December 13th, 2009 [December 13th, 2009]
- Nancy Pelosi as Stalin: One California Korean-American says it fits - December 13th, 2009 [December 13th, 2009]
- Abolish Medicare says Glenn Beck - December 13th, 2009 [December 13th, 2009]
- Glenn Beck on Barbara Walters: Describe my politics? "Libertarian, Maximum Freedom" - December 13th, 2009 [December 13th, 2009]
- Obama is a Muslim entering Pop Culture - December 13th, 2009 [December 13th, 2009]
- Fed Bureaucrats get big raise in Compensation: Private Sector workers grow Poorer - December 13th, 2009 [December 13th, 2009]
- Obama Administration launches Massive Assault on Financial Privacy - December 13th, 2009 [December 13th, 2009]
- Tucker Carlson to launch new Journalist Website: Promises not to "suck up" to Obama - December 14th, 2009 [December 14th, 2009]
- Michele Bachman: Time to KILL SOCIALISM! - December 14th, 2009 [December 14th, 2009]
- IDAHO: Democrat switches to Republican to run against libertarian-leaning Dem Rep. Walt Minnick - December 14th, 2009 [December 14th, 2009]
- Did the Missoulian cover up for the Max Baucus Affair? - December 14th, 2009 [December 14th, 2009]
- And now some good old-fashioned Hardcore Right-wing Punk Rock from Wyoming - December 14th, 2009 [December 14th, 2009]
- Obama's approval ratings take another dip at RCP - December 14th, 2009 [December 14th, 2009]
- Adam Andrzejewski for Illinois Governor: Deserving of Conservative and Libertarian support - December 15th, 2009 [December 15th, 2009]