iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
John Shook, Ph.D.

GET UPDATES FROM John Shook, Ph.D.
 

The Humanist Case Against Capital Punishment

Posted: 09/26/11 05:00 PM ET

Humanism stands for a social ethics of equality, individual human rights, justice for everyone and government that defend their citizens. Humanism cannot support the death penalty.

Death penalty supporters appeal to these principles, too. But they narrowly interpret them to justify government killings, and they coldly apply them to the weakest among us. The pro-death side behaves as if some people's value is higher than others, the rights of the victim outweigh the rights of the accused, the desire for retribution should dictate just punishment, and that the government needn't defend everyone equally.

The pro-death camp will admit that trials can deliver wrong verdicts. There's no way to ignore how many defendants get poor legal counsel, and how death-row inmates can be proven innocent on fresh evidence. Yet pro-deathers prefer a criminal system that kills all the murderous guilty along with some innocents over a criminal system that might let a single guilty murderer escape death. The rights of the victims far outweigh the rights of the accused, in their estimation. The blood of the victim on the ground cries out for retribution -- any retribution available -- and the government's overriding duty becomes the delivery of that retribution.

Dominated by that vengeful spirit, the criminal justice system encourages prosecutors to chase a conviction of whoever they can, rather than the truly guilty; it distracts jurors from the lofty standard of reasonable doubt; and it lets supervisory courts forget their supreme duty of justice for all. In that heated atmosphere of swift vengeance, the criminal "justice" system mostly executes the poor, the disadvantaged and racial minorities. Evidently, the pro-death camp is satisfied with a system that can't value some lives as much as others.

Pro-deathers should broaden their principles. Governments exist not merely to deliver criminal justice, but to protect and defend the lives and rights of everyone. When a government executes an innocent person, it violates the ultimate justification for its own existence. The death penalty permits the government to mutate into a loathsome tyrant over its own people, rather than its protector. Other punishment options, especially the life sentence without parole, are sufficient to protect the population and signal disapproval of murder.

Pro-deathers should look inside to ponder this drive to vengeance toward other human beings. The pro-death argument exalts death-retribution as an exemplary valuing of human life. Humanism replies that the rational way to respect human life is to stop killing people. The pro-death side fears weakness in the face of violence against society. Humanism replies that the true strength of a society lies in its commitment to social justice. Pro-deathers are quick to judge who should die and who should live, as if they were a god. Would they want to be on the receiving end of an all-too-human system passing judgment on them?

Humanism stands for valuing the lives of all, individual human rights, justice for everyone, and government that defends all of its people. These grounds alone are sufficient for abolishing the death penalty. Humanism also stands for elevating human dignity and pursuing the nobler virtues of common humanity. Even if some perfected criminal system could execute only the truly guilty, such murderous machinery is still unworthy of us. Any institution that still encourages vengeance and retribution over equal social justice and protection of everyone is a decrepit perversion of civilization.

Humanism looks forward to a time when society consistently respects humane virtues. But a day of execution is day of sadness and shame. May we have mercy on us all.

The views expressed are those of the author, and not necessarily shared by the Center for Inquiry or its staff.

 
 
 
 
 
  • Comments
  • 33
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
photo
gungavin
Nevah hoppen, G.I.!
05:46 PM on 11/01/2011
I just viewed some of the pro-death penalty arguments etc.. See you later.
photo
gungavin
Nevah hoppen, G.I.!
05:45 PM on 11/01/2011
Very, very good article that tells it like it is, and like it should be. Thanks.
HUFFPOST SUPER USER
dbrett480
09:00 PM on 10/19/2011
Meet some of the people that you describe as the "accused" (factually wrong since they have been convicted) and you will see why they do not deserve to live.
photo
HUFFPOST SUPER USER
Dan Jighter
04:07 PM on 09/28/2011
John, how can you call this "The Humanist" case? Or is that the publishers? - in which case they are choosing awful titles as usual. Humanism naturally leads to a variety of opinions on subjects like this.

The harsh reality is that you need a way to deal with wrong doers in society. Also some people are just not compatible with living with other humans (serial killers and such) and they need removed from human society (i.e. killed). And there is no perfect justice system to weed out the guilty from the innocent, so if you are going to run a good society you are going to have to badly harm or kill a few people. If you can't handle that, you don't have the stomach to run a society and you need to shut up about these sort of issues. If you can handle that, then the question isn't how to save every innocent man (that just isn't an option) but rather how to minimize the punishment and killing of the innocent.

I think there are some much more serious issues here, some that John Shook rightfully alludes to. Issues that would minimize misuse of the death penalty. Firstly, we shouldn't kill for revenge, we should kill only because we have to because someone is too violent to live with the rest of us. The death penalty is being used for revenge against criminals.
photo
HUFFPOST SUPER USER
Dan Jighter
04:06 PM on 09/28/2011
More importantly, we have a justice system that favors the rights of victims over the rights of the accused (and not yet ruled guilty). Our system should be ran so that the rights of the accused to a fair trial are protected so that the accused is only punished if show guilty beyond a reasonable doubt. There are other issues, but the last big one in my mind is the serious lack of scientific literacy in our public and in the court system. Eyewitness testimony is often unreliable. DNA evidence is much more reliable. If we are going to kill someone, we need good scientifically-vetted evidence that they are guilty and not just what a bunch of witnesses *thought* they saw (or maybe not). (Note the CSI effect is also a symptom of scientific illiteracy. But the standards should be higher and if the evidence is not strong enough to with certainty show someone is guilty, we just can't kill them.)

I think rather than focusing on the death penalty, we should focus on improving the justice system, in particular in promoting civil literacy and scientific literacy.

For one thing, our schools aren't doing their jobs and need approved. And Rick Perry isn't doing his job and should have his political career destroyed to the point that even McDonalds won't hire him. This would fix far far more in and out of our justice system than the death penalty.
This user has chosen to opt out of the Badges program
iLdoRight
Encouraging The Rightest Rightness
02:25 AM on 09/28/2011
So how do YOU discourage the person who wants nice clean shelter, health care, food and reading material for the remainder of his life and is willing to commit murder against even the nicest person on earth to get it ?
researcher
researcher
09:25 PM on 09/27/2011
"Humanism looks forward to a time when society consistently respects humane virtues. But a day of execution is day of sadness and shame. May we have mercy on us all".

at some point in your life or your next life or lives you will come to know how a statement of that kind can come from the human species.

there is more spiritual awareness in this one sentence then I have found in any evangel I have ever talked to about these mysteries of life.

for some a rejection of all religion and religious beliefs much be attained before one is ready to begin become a sincere seeker into these mysteries of life.

atheism is nothing more than a path to that end. all paths are unique but all paths lead to the same place. awareness of reality.

now to become that sincere seeker one must give up the idea of knowing. the ego will scream in protest as the ego above all else wants to be known for knowing, so without a significant emotional event in one's life; few are willing to become a sincere seeker, it is much easier to let others tell them what is reality.
photo
HUFFPOST SUPER USER
Stanley Seay
Beware of Dogma
05:10 PM on 09/27/2011
Personally, I feel that there is a better solution than the death penalty. Medical sentences. If you are convicted of a horrible crime then instead of just killing them, you give them a medical sentence. Meaning, you put them in a tiny apartment where they live a somewhat "normal" life, but when doctors need a kidney and a match is available, you take it. When we need human trials of a drug, we use them. So on and so forth. You treat them well, but if they gotta go because you need the heart...then too bad. If you remove life from society, then you should have to put life back into society. Science can use all sorts of parts from these humans instead of just killing them. Everything is recyclable in one way or another from the eyes to the stem cells.
11:30 AM on 09/28/2011
Without claiming authoritative knowledge, I humbly and respectfully submit that this solution appears to omit certain important logic and reason in its apparent analysis.

History appears to suggest that moral and procedural human fallibility renders humanity unqualified to administer many “human experience management” roles, including justice and health. Assigning to humanity a role that combines the two apparently reported, already horrifically ill-managed roles appears to be reasonably considered to create a potential harm greater than its parts’ harms.

The potential perceived incentive for immoral abuse of the justice and health systems, combined with limited human capability to recognize and correct such abuse appears to provide for the possible, yet heretofore barely fathomable, subjugation of our society to both internal and external forces capable of influencing decision-making.

On a date so close to September 11, 2011, the apparently reported understanding appears to bear repeating that American education taught external malevolent forces how to utilize American technology and systems to destroy Americans.

Creating a body-harvesting industry based upon the American justice system appears reasonably considered to incentivize fraud and abuse in both and to potentially create for the anti-American, a potent potential tool for undermining America. I welcome your thoughts.
photo
HUFFPOST SUPER USER
Stanley Seay
Beware of Dogma
04:55 PM on 09/28/2011
I have to admit that you make a solid case for the need of regulation and oversight while pointing out some of the more troubling aspects of human society. Any program of this nature is going to have an incentive for the unscrupulous. Yet, how does that differ from the rumors of organ harvesting by EMTs? Plenty of people have that very fear, yet there seems to be very little evidence to support those fears. Likewise, how does the very real world of For-Profit-Prisons that are sweeping the nation get a pass? The only goal of these corporate prisons is exactly like all the other massive billion dollar corporations; to make money ANY way possible. Overcrowded prisons and substandard conditions routinely result in prisoner deaths. How does this vary from the death of a prisoner that makes the choice to put back into life? Jack Kevorkian clearly showed that death row inmates routinely were in favor of having that choice. Of course, death is the most that one can give back in a bid for a sense of redemption or contribution. We still put a number of people to death, yet they are afforded no method or even the choice to ease their guilt. We take their life and nothing but justice (or revenge?) is served. I merely propose that we utilize the most precious recyclables known, which currently are just being thrown away in the most barbaric means of our age possible.
photo
HUFFPOST SUPER USER
Stanley Seay
Beware of Dogma
05:02 PM on 09/27/2011
As a Humanist and an Atheist I can say that I support the death penalty... wait for it.... but only under one specific circumstance, 100% proof of guilt of a terrible crime. While 100% proof is rare, in today's world of technology that is happening more and more. If there is even a shred of doubt or lack of proof, then no way, it should be off the table.

As for making the argument that the Death Penalty isn't in line with Humanism, I can't agree fully. Think about it this way, the human body makes a great analogy with individual cells (citizens) that combine to form a larger organism (society). When the human body (in this case, society) has a cancer (anyone convicted of a heinous crime [with the proof!] ) that threatens the proper functioning of the body, you cut it out. It would be nice to live in a world where horrible atrocities weren't committed, but that is idealistic. In reality, our society produces cancers that need to be removed least they be allowed the chance to metastasize and create more cancers elsewhere in the body. But, don't get me wrong, this is a last resort, of which, we have used improperly and harmfully. We know for a fact that we have killed many innocent people falsely accused of a horrible crime.
04:39 PM on 09/27/2011
I can't help but notice that after 24 hours, we have a mere 13 comments, just a few minor put-downs, and generally informed discussion. There are no ignorant posts attacking the author for his positions, no insultingly misinformed conclusions of his worldview, and a quite a nice spectrum of opinions in the comments section.

Kudos, HuffPost Religion subscribers. Now remember this the next time a person of faith writes an article.
photo
HUFFPOST SUPER USER
raker
10:45 AM on 09/27/2011
I oppose the death penalty, but the value of the life of the condemned murderer is not foremost in my mind. I have as much contempt for murderers and terrorists as does the most rabid pro-deather. It's the value of our own civility and decency that I hate to see diminished when our government kills convicted criminals. As if that weren't enough, the pervasive racism in the system and the likelihood that the state sometimes executes innocent men makes the death penalty unconscionable.

I have to give credit to the catholic church for consistency in its "pro-life" position in opposing the death penalty, but I think it's interesting that the majority view of conservative christians in this country seems to support the death penalty for vengeance, while humanists/atheists/freethinkers lean more toward mercy. It turns on its head the thing that christians tell themselves, that for them forgiveness is a defining quality, and that people cannot be good without god.
photo
buggeroffyou666
Hierophant of the Crawling Chaos
10:26 PM on 09/26/2011
A perfect example of why secular ethics are in every way superior to religion.
01:27 PM on 09/27/2011
There is not one argument up there that wasn't said 400 years ago by some theologian or another. Luckily for the author those Judeo-Christian morals were buried into him; even if the religion didn't hold.
photo
buggeroffyou666
Hierophant of the Crawling Chaos
03:40 PM on 09/27/2011
Your bible is all about killing for everything. Thank human ethics he didn't learn from your myth.
photo
buggeroffyou666
Hierophant of the Crawling Chaos
09:37 AM on 09/28/2011
Kill People Who Don't Listen to Priests

Anyone arrogant enough to reject the verdict of the judge or of the priest who represents the LORD your God must be put to death. Such evil must be purged from Israel. (Deuteronomy 17:12 NLT)



Kill Witches

You should not let a sorceress live. (Exodus 22:17 NAB)



Kill Homosexuals
"If a man lies with a male as with a women, both of them shall be put to death for their abominable deed; they have forfeited their lives." (Leviticus 20:13 NAB)



Kill Fortunetellers

A man or a woman who acts as a medium or fortuneteller shall be put to death by stoning; they have no one but themselves to blame for their death. (Leviticus 20:27 NAB)



Death for Hitting Dad

Whoever strikes his father or mother shall be put to death. (Exodus 21:15 NAB)



Death for Cursing Parents

1) If one curses his father or mother, his lamp will go out at the coming of darkness. (Proverbs 20:20 NAB)

2) All who curse their father or mother must be put to death. They are guilty of a capital offense. (Leviticus 20:9 NLT)
photo
HUFFPOST SUPER USER
syntax facit saltum
We do not live in a 2 story universe
03:37 PM on 09/27/2011
Excuse me, but I know many secular humanists who are in favor of the death penalty. There isn't a general singular secular ethic that secular people follow.
photo
HUFFPOST SUPER USER
JayBachand
Atheist, artist, and dad.
09:32 PM on 09/26/2011
Thank you Huffington Post for bringing in more atheist/humanist voices. I think your readership is more atheist than you realize!
photo
HUFFPOST SUPER USER
syntax facit saltum
We do not live in a 2 story universe
04:43 AM on 09/27/2011
I don't think so.
photo
RedRat
Ignorance is fixable, stupidty is forever
07:30 PM on 09/26/2011
If you follow the logic in the first paragraph, then you must also be against ANY punishment for any crime. Societies over the centuries have used the death penalty as a way to rid themselves of their antisocial elements. I see nothing really wrong with this.

However, all that being said, I recognize that the death penalty is substantively different from all other punishments passed on by law. A government, through misdeed or through a foul-up in the legal system may deprive an individual of home, hearth, and freedom. Nevertheless, the individual is still alive and may seek some form of redress, he or she is still capable of that. With the death penalty, it is final, there is no possibility of redress.

If we had a justice system, then I could support a death penalty. It clearly removes from our society such sick and incorrigible people like Ted Bundy and few other recent cases. But we do not have a justice system, we have a LEGAL SYSTEM! In our legal system, justice can be perverted by prejudicial juries (e.g., basing a judgment on race), crooked judges and prosecutors. Recently, a judge in New York had a sweetheart deal with a privately run prison for minors. Prosecutors want to avoid the blemish of a wrong conviction and cover up evidence. Poor people do not get good legal representation in court. The lists go on. Under these circumstances, I would argue for the abolishment of the death penalty.
photo
HUFFPOST SUPER USER
Cole 33
Careful. We don't want to learn from this.
04:31 PM on 09/26/2011
The number one reason we should abolish the death penalty, is because our justice system is imperfect, and the death penalty can only be justified in a perfect system. The injustice of executing an innocent man, trumps any imagined justice of executing many who are guilty.
photo
RedRat
Ignorance is fixable, stupidty is forever
07:31 PM on 09/26/2011
Agreed.
photo
HUFFPOST SUPER USER
syntax facit saltum
We do not live in a 2 story universe
04:44 AM on 09/27/2011
I think the death penalty should be abolished because it is morally wrong for one person to kill another person-- even if the killing is state sanctioned and even if it is 100% certain that the one who is to be executed is guilty.
01:23 PM on 09/27/2011
Fair enough; I basically agree with you. I have one question. What about impoverished countries that cannot reasonably incarcerate violent and recurring criminals for their whole lives? Is the death penalty moral then, as a type of societal self-defense?