Primoratz on Death Penalty as the Only Proportionate Punishment for Murder

Essay 3
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What does it mean to be a retributivist?
According to Primoratz, being a retributivist means holding the idea that punishment is morally acceptable and justified if imposed as retribution for the crime committed. Hence, a criminal gets what they deserve. It also means it is fair and justified for a criminal to be punished. The idea is actualized by denying criminals the same values they deny their victims. Each person has the right to life, and their life’s worth is equal to everyone else. Thus, since life is the most valuable thing, a murderer who takes it away from another person should die as well since this is what they deserve (Primoratz, 1997, p. 370).
Being a retributivist also means that you agree that justice necessitates capital punishment. As a supreme legal virtue, there is no single argument strong enough to warrant the abolition of the death penalty. Thus, a county should continue executing convicted murderers (Primoratz, 1997, p. 371).
What is meant by the retributivist claim that the punishment ought to be a proportionate response to the crime?
Punishment ought to be proportionate means that while a sentence is justified, it is only deemed appropriate when it is equal to the offense committed. Suppose a criminal commits murder intentionally and with disregard to human life. In that case, proportionality means that such a criminal should receive a punishment equal to the crime of murder, which would be capital punishment (Primoratz, 1997, p. 372).
Also, in imposing proportional punishment, the uniqueness of the crime and the values taken away deliberately should determine an appropriate response to a crime. Primoratz believes that determining other forms of crime can be through fines and different sentences as these are appropriate in these situations. However, in a critical case such as murder, a life sentence or a fine would not be fair, as they do not equate to the criminal act of taking a life (Primoratz, 1997, p. 370). Thus, the weight of the punishment has to meet the uniqueness and gravity of the crime.
Why does Primoratz think that the only proportionate punishment for murder is the death penalty?
Primoratz believes that the only equal punishment for murder is death based on the biblical teachings about punishment. The Bible asserts that “You shall accept no ransom for the life of a murderer who is guilty of death; but he shall be put to death (Primoratz, 1997, p. 371).” Thus, through this rationale, a man who is God’s creation in his image deserves to enjoy the exceptionality and supremacy of human life, and no money or property should be equated to it. Hence, the guilt of a murderer is considered immeasurable because human life is immeasurable. Also, since it is a significant sin against God, death is the only solution.
Another reason he believes equal punishment for murder is capital punishment is due to the immense value of human life. According to Primoratz, no value commensurate the value of human life (Primoratz, 1997, p. 372). Therefore, the only way an individual can enjoy life and all its values is by being alive, equal, and giving just punishment to a crimi...