Of course he hold this opinion as long as the death avoids any kind of torture. So in the end Bentham seems to, in almost every case, give preference to live in prison over death. However still allowing room for the punishment of death to be held as moral for certain circumstances in governments. Bentham’s predecessor as an authority on utilitarianism, John Stuart Mill, holds the basically the same position.

Mill opens up this theory and encompass the best cohesive framework for understanding utilitarianism. The enduring popularity of Mill most likely lies in his stating of objections to utilitarianism and reapplication of utility in many ethical and moral problems. Mill’s work, which is known as Utilitarianism, gives the framework for the whole theory of utility.

Mill holds that the whole of a society’s happiness is the core concern for this ethical system. Mill states that the true Utilitarian recognizes that, “sacrificing their own greatest good for the good of others… is itself a good” (Mill 16). Mill drives home this point making it quite clear contenting,

John Stuart Mill, in a speech before Parliament, stands against banning capitol punishment. Mill appears in this speech to hold the same opinion in regard to the safeguarding of the penalty of death, yet standing firmer in favor of its place in the British penal system. He makes it clear that he believes that every protection should be made insuring the “fullest evidence of guilt” (Mill 5). He says that abolishing the death penalty will leave Britain “without any effectual punishment, except for small offences” (5). He also worries that the prisons are becoming too comfortable and the effective punishments are being lost. However when this theory is applied to the U.S.A, the weight of pleasure seems to override any possible pain that could be experienced from banning the death penalty.

“If, in spite of these reasons, which appear to be conclusive, it be determined to preserve the punishment of death, in consideration of the effects it produces in terrorum, it ought to be confined to offences which, in the highest degree, shock the public feeling---for murders, accompanied with circumstances of aggravation, and particularly when their effect may be the destruction of numbers” (ch. XII sec. III).

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