Death Is Different

[Justice] Stevens still thinks the death penalty is constitutional. "But I really think it's a very unfortunate part of our judicial system and I would feel much, much better if more states would really consider whether they think the benefits outweigh the very serious potential injustice, because in these cases the emotions are very, very high on both sides and to have stakes as high as you do in these cases, there is the special potential for error," he said.

- "High court justice: U.S. would be better off without death penalty." Justice Breyer was more restrained, but see here.

"In sum, the punishment of death is inconsistent with all four principles: Death is an unusually severe and degrading punishment; there is a strong probability that it is inflicted arbitrarily; its rejection by contemporary society is virtually total; and there is no reason to believe that it serves any penal purpose more effectively than the less severe punishment of imprisonment. The function of these principles is to enable a court to determine whether a punishment comports with human dignity. Death, quite simply, does not."

- Justice Brennan (concurring opinion)

"[T]he death penalty continues to legitimize vengeance, intensify racial divisions, promise simple solutions to complex problems and distract us from the challenges that the turn of century poses for America. It also damages our political and legal institutions in ways that are just now being recognized by the American people."

- Professor Austin Sarat

"The death penalty can be opposed because of the possibility of mistake or because how it is carried out is so flawed, but one must still face the fact many on death row did the acts (some quite horrible) for which they were sentenced. Nonetheless, if we take into consideration that such acts were not truly done by free choice, our sense of vengeance must also be reduced. Furthermore, there is the fact that society as a whole is unable to prevent the state of affairs that drives so many to kill.

Should our inability to truly do right and provide a good society that does not do such reprehensible acts along with their inability truly to choose to do wrong lead us to kill them? They remain people (perhaps even with souls), and just like us people unable to stop from doing bad things. It is clear they can be punished for their actions, but the ultimate question remains: should the horrible nature of their actions lead us to ignore they were not freely done? Any number of criminals have various reasons that mitigate the culpability of their offense, but in my view they all are not so culpable to have their lives ended."

- Sin: Does it Exist and Should (Did) People Die For It?