CAN "MISJUDGMENT" BE THE DECISIVE REASON FOR ABOLISHING DEATH
PENALTY? (SUMMARY)
The main body in Japanese
Most Japanese abolitionists seem to consider 'the possibility of
misjudgment' or 'the risk of wrongful execution' as the definite
ground for abolishing the capital punishment (hereafter abbreviated as
C.P.).
Their argument runs as follows:
- Human beings are fallible, i.e. they tend to make mistakes.
- Wrongful execution is a mistake which is irrevocable and
irremissible (and therefore is 'the most unjust thing imaginable').
- As long as C.P. exists, the risk of wrongful execution also remains.
------------------------------
- Therefore, C.P. ought to be abolished.
The followings are the main objections that have been made by
anti-abolitionists.
- There is no risk of wrongful execution in the present legal and
judicial system in Japan.
- While some judicial decisions may be subject to doubts, others
leave no room for misjudgment. Thus, the talk of
the risk of wrongful execution doesn't apply to the latter cases.
- Not only C.P., but also some other forms of punishment
(e.g. a twenty-year imprisonment) may be
irrevocable and irremissible, so if admitted, the argument from
the risk of wrongful execution entails the abolition of the
whole system of punishment.
- Even if we concede that there is
'A DIFFERENCE' between the irrevocability
and irremissibility in CP and those
in other forms of punishment, in that
the former may take away the innocent's lives whereas the latter may
not, car accidents or wrong diagnoses
can certainly kill the
innocent. Thus, if the government should decide to abolish C.P.
on the ground that it may kill the innocent, it would also have to
abolish motorcar traffic and medical treatment on the same ground.
(Some abolitionists argue against these objections, but I'll omit their
arguments)
I grant that the objections (1) and (2)
are not valid and I'm also ready to admit that
the objection (3) can be challenged. But the objection (4)
appears to me unable to be rebutted (and unfortunately I haven't seen
any comments on this objection from those abolitionists who argue
against C.P. on the grounds of the risk of wrongful execution).
KODAMA Satoshi <kodama@ethics.bun.kyoto-u.ac.jp>
Last modified: Tue Feb 10 20:58:57 JST 1998