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Excessive Retribution


            
             Killing convicted murderers satisfies valid retributive needs and desires either in society at large or in the specific victim. For this reason the death penalty cannot be viewed as excessive retribution. Immanuel Kant was a proponent of strong retribution. "Evil must be repaid with evil, a restoration of the moral balance. Whoever has committed murder must die, there is no juridical substitute or surrogate, that can be given or taken for the satisfaction of justice." Kant describes the death penalty as basic algebra. "If a murderer takes someone's life, then that negative equality must be balanced with the consequent of taking his life, another negative to balance to the equation." Kant also believed that if a wrongdoer has committed murder, "he must die. There is no substitute that will satisfy the requirements of legal justice. For there is no sameness of kind between death and remaining alive even under miserable conditions and consequently there is no equality between the crime and the retribution unless the criminal is judicially condemned and put to death.".
             John Locke also defends the death penalty as being of appropriate retribution by arguing that a person forfeits his rights when committing even minor crimes. Once rights are forfeited, Locke justifies punishment such as "criminals deserve punishment, also that punishment is needed to protect our society by deterring crime through example. Thus society may punish the criminal any way it deems necessary so to set an example for other would-be criminals, including taking away his life.".
             Ernest Van Den Haag supports the notion that the death penalty is suitable retribution. He believes that, "By committing the crime, the criminal volunteered to assume the risk of receiving a legal punishment he could have avoided by not committing the crime. The punishment he suffers is the punishment he voluntarily risked suffering and therefore it is no more unjust to him than any other event for which one knowingly volunteers to assume the risk.


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