Libertarian perspectives on capital punishment

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Most libertarians oppose capital punishment. [1] [2] They argue that capital punishment is an extreme exertion of state power, it is contrary to the values of a free society, authoritarian countries tend to be retentionist, and liberal-democratic societies generally abolitionist. [3] [4]

Proponents of capital punishment believe that such punishment may be justified as a deterrent to particularly atrocious crimes and as a means of keeping dangerous individuals permanently incapacitated. Furthermore, if people commit crimes, they may sacrifice their rights and if the legal system is legitimate, perhaps capital punishment is justified. The U.S. Libertarian Party, a right-libertarian American third party, opposes "the administration of the death penalty by the state" [5] despite the large stake that conservatives would have in abolishing the death penalty. [6]

There is also the fundamental problem of the possibility of error or even the outright framing of the accused. To that effect, lack of trust in government to make decisions (including life-and-death decisions) competently or for the best motives may confound the issue; already deeply distrustful of government, they say, it should not be trusted to be an arbiter of life and death without error. [6] In any case, to anarcho-capitalists making judges, police officers, and other law enforcement personnel just as responsible for their acts as any citizen, with no privilege or special right or exemption, will prevent abuse of force in general, and of deadly force in particular. Walter Block went so far as to say, "We have seen that in the libertarian philosophy, the death penalty is justified for those whose crimes rise to a sufficient degree of severity. Surely, there are heads of state whose evil deeds many times eclipse such a level. Thus, it would altogether be justified to end their lives by violence." [7]

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Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment for a crime, usually following an authorised, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.

The major world religions have taken varied positions on the morality of capital punishment and, as such, they have historically impacted the way in which governments handle such punishment practices. Although the viewpoints of some religions have changed over time, their influence on capital punishment generally depends on the existence of a religious moral code and how closely religion influences the government. Religious moral codes are often based on a body of teachings, such as the Old Testament or the Qur'an.

Capital punishment in the Cook Islands, a state in free association with New Zealand, was officially part of the legal system until 2007, although the punishment had never actually been put into practice.

<span class="mw-page-title-main">Capital punishment in Italy</span> Overview of the state of capital punishment in Italy

The use of capital punishment in Italy has been banned since 1889, with the exception of the period 1926–1947, encompassing the rule of Fascism in Italy and the early restoration of democracy. Before the unification of Italy in 1860, capital punishment was performed in almost all pre-unitarian states, except for Tuscany, where, starting from 1786, it was repeatedly abolished and reintroduced. It is currently prohibited by the Constitution of the Italian Republic with no more exceptions even in times of war.

Libertarianism is variously defined by sources as there is no general consensus among scholars on the definition nor on how one should use the term as a historical category. Scholars generally agree that libertarianism refers to the group of political philosophies which emphasize freedom, individual liberty and voluntary association. Libertarians generally advocate a society with little or no government power.

<span class="mw-page-title-main">Capital punishment in Latvia</span>

Capital punishment in Latvia was abolished for ordinary crimes in 1999 and for crimes committed during wartime in 2012. Latvia is party to several international instruments which ban capital punishment.

Capital punishment in Peru was last used in 1979. In the same year, the death penalty was abolished for ordinary crimes. Peru is one of seven countries that has abolished capital punishment for "ordinary crimes only." Peru voted in favor of the United Nations moratorium on the death penalty in 2007, 2008, 2010, 2012, 2014, 2016, 2018, and 2020. Peru is not a member state to the Second Optional Protocol to the International Covenant on Civil and Political Rights.

Capital punishment is a legal penalty in Guatemala, and is carried out by lethal injection and, to a lesser extent, the firing squad. It is only in military codes of justice, and was abolished for civilian offences in October 2017.

Capital punishment in Uzbekistan has been abolished.

Capital punishment is a legal sanction in Chile, but its use has been limited to military personnel for war crimes and crimes against humanity committed during wartime, since its abolition for civilian offenses in 2001. Chile is one of seven countries that has abolished capital punishment for ordinary crimes only. The method of execution in Chile is by shooting, which was last carried out on January 29, 1985, when two serial killers, Jorge Sagredo and Carlos Topp, were executed by firing squad.

Capital punishment is a legal penalty in El Salvador. It was abolished in 1983 by Article 27 of the constitution, with an exception allowed for crimes committed under military law during a state of international war. Because of this, El Salvador is one of seven countries considered "Abolitionist for Ordinary Crimes," along with Brazil, Burkina Faso, Chile, Guatemala, Israel, and Peru. El Salvador's last execution was in 1973.

Capital punishment has been abolished in Fiji. It abolished capital punishment for ordinary crimes in 1979, and for all crimes in 2015. Its last execution was in 1964, before its independence on 10 October 1970.

Capital punishment is a legal penalty in Myanmar. It is classified as "Retentionist." Before 25 July 2022, Myanmar was considered "Abolitionist in Practice," meaning a country has not executed anyone in the past ten years or more and is believed to have an established practice or policy against carrying out executions. Between 1988 and 2022, no legal executions were carried out in the country. In July 2022, four democratic activists, including Zayar Thaw and Kyaw Min Yu, were executed.

Capital punishment has been abolished in Bolivia. It was abolished for ordinary crimes in 1997, and for all crimes in 2009. Bolivia's last execution was of Melquiades Suxo on 30 August 1973.

Capital punishment is a legal penalty in Guyana. Despite its legality, no executions have been carried out since 1997. However, due to a lack of "an established practice or policy against carrying out executions," Guyana is classified as "Retentionist." Guyana is the only country in South America that retains capital punishment for ordinary crimes.

Capital punishment is only a legal penalty in Ghana for high treason. Ghana last executed a criminal in 1993. It is considered "Abolitionist in Practice." Capital punishment was a mandatory sentence for certain ordinary criminal offenses until 2023.

Capital punishment has been abolished in Benin. It was abolished in 2016, as a result of a Constitutional Court of Benin ruling.

Capital punishment was abolished in the Republic of the Congo in 2015. The country last executed in 1982. Before the abolition of the death penalty, the Republic of the Congo was classified as "Abolitionist in Practice." The Republic of the Congo is not a state party to the Second Optional Protocol to the International Covenant on Civil and Political Rights.

Capital punishment in Gabon was officially abolished for all crimes in 2010. Gabon's last execution took place in 1985. Prior to abolition, Gabon was classified as de facto abolitionist, or "abolitionist in practice," due to the length of time since their last execution.

Capital punishment was abolished in Guinea. The civilian death penalty was abolished in 2016. It was abolished under military law in 2017. Guinea last executed in 2001. Prior to its abolition for ordinary crimes in 2016, Guinea was classified as retentionist.

References

  1. ↑ Archived at Ghostarchive and the Wayback Machine : "Death Penalty: Justice, or Just Too Far? | Learn Liberty" – via www.youtube.com.
  2. ↑ Archived at Ghostarchive and the Wayback Machine : "Why You Should Oppose The Death Penalty" – via www.youtube.com.
  3. ↑ "Abolitionist and Retentionist Countries". Death Penalty Information Center.
  4. ↑ "Death Penalty". Amnesty International.
  5. ↑ "Platform". 11 July 2018.
  6. 1 2 SpearIt, Reimagining the Death Penalty: Targeting Christians, Conservatives (15 July 2020). Buffalo Law Review Vol. 68 (2020), Available at SSRN: https://ssrn.com/abstract=3651740
  7. ↑ Block, Walter (2006). "Radical libertarianism: applying libertarian principles to dealing with the unjust government, Part II" (PDF). Reason Papers.
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