Affirmative Briefs: November/December 1998




 VALUE: SOCIATAL GOOD

1.	Thomas Aquinas
	"If a man be dangerous and infectious to the community, on account of some sin, it is praise 
	worthy and advantageous that he be killed in order to safeguard the common good, since a little 
	leaven corrupteth the whole lamb."

2.      Michael Kronenwetter, Capital Punishment: A Reference Handbook.  cc. 1993, pg.2
             "There is no reason why society should not rid itself of individuals proved socially harmful."
                -- Albert Einstein

3.      Ernest Van Den Haag, retired professor of law
	"I am in favor of the death penalty because it protects society more than any other possible
	penalty could."

CRITERIA:  UTILITARIANISM

1.      David L. Bender, Criminal Justice:  Opposing Viewpoints, cc. 1981, pg. 149
	"Always and invariably the welfare of the community takes precendence over that of the 
	individual, whose rights can be defined and protected only in relationship to the rights of 
	all others with whom he dwells."	
	 -- William R. Cannon, bishop of the Atlantic Area of the United Methodist Church

CONTENTION ONE:  CAPITAL PUNISHMENT IS AN EFFECTIVE DETERRENT TO CRIME.

1.      David L. Bender, Criminal Justice:  Opposing Viewpoints.  cc. 1981, pg.138
	"The idea that capital punishment "deters no one" does not explain the rapid
              rise of homicides in America while the death penalty was virtually outlawed.
	Deterrent or not, it effectively eliminates the possibility of a repeat crime."
	 -- Jenkin Lloyd Jones, Human Events, June 23, 1979

2.     Ernest Van Den Haag, Law Professor, "The Ultimate Punishment:  A Defense.", Taking Sides
        (Political Issues), 5th Edition, cc. 1993
	"Still, I believe the death penalty, because of its finality, is more feared than imprisonment, 
	and deters some prospective murderers not deterred by the threat of imprisonment."

3.      Hays, Scott, Capital Punishment:  Troubled Society Series. cc. 1990, pg. 23
	"[But for murders that were well thought out] the death penalty is . . . a significant deterrent."
	 -- 1976 U.S. Supreme Court Statement in Gregg vs. Georgia 

4.      Michael Kronenwetter, Capital Punishment:  A Reference Handbook. cc. 1993. pgs. 4-5
	"No other punishment deters men so effectively from committing crimes as the punishment, 
	however terrible, there is hope;  but death is death;  its terror cannot be described more forcibly."
	 -- English Barrister (Judge) James Stephen

CONTENTION TWO:  CAPITAL PUNISHMENT PROMOTES JUSTICE IN SOCIETY.

1.      Michael Kronenwetter, Capital Punsihment:  A Reference Handbook.  cc. 1993, pg. 5
	"Our system of punishment is based not just on deterrence but also on what is called 
	"justice"-namely that we feel a man who has committed a crime must be punished in proportion 
	to the seriousness of the crime.  Since the crime that takes a life is irrevocable, so must be the 
	punishment."
	 -- Professor Ernest Van Den Haag

2.      Ernest Van Dan Haag, Law Professor, "The Ultimate Punishment: A Defense," Taking Sides 
       (Political Issues), 5th Edition, cc. 1993. (On innocent people being executed)
	"Analogously, for those who think the death penalty just, miscarriages of justice are offset by
	the moral benefits and the usefulness of doing justice."

CONTENTION THREE:  CAPITAL PUNISHMENT WOULD ENHANCE SECURITY IN SOCIETY.

1.       Ernest Van Den Haag, retired professor of law
	"I am in favor of the death penalty because it protects society more than any other possible
	penalty could."

OTHER

1.Michael Kronenwetter, Capital Punishment A Reference Handbook, copyright 1993
	"I urge capital punishment for murder not because I believe that society wishes to thake the life of a murderer,
         but because society does not wish to lose its own."
		-- Robert E. Crowe, an Illinois State Attorney

2.David L. Bender and Bruno Leone, Criminal Justice: Opposing Viewpoints. cc. 1981 pg 146
	"History and present conditions in the world show that murder and homicide are most prevalent 
	where the punishment for them is moderate and limited."
		--William R. Cannon, a bishop of the Atlantic Area of the United Methodist Church

3.Scott Hays, Capital Punishment: Troubled Society Series. pg 27, cc 1990
	"All human activities-flying driving, playing football-occassional lead to the death of innocent 
	people. We don't give up these activities because the advantages outweigh the disadvantages. So I am in favor
        of the death penalty because it protects society more than any other possible penalty could."
		-- Ernest van den Haag, retired professor of law at Fordham U.

	 




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