Argument: Could be cheaper

While budget should not be the primary concern of the justice system, The death penalty, when applied properly, can be cheaper. A lethal injection, or a few bullets, costs far less than keeping a person incarcerated for a long time, especially if they need long term health or other care in old age. The longer someone is in jail the greater the cost to the state.

The costs of the implementation of the death penalty are driven up by anti-death penalty activists using the appeals system. Since the death penalty would only be applied to the worst of the worst when there is absolute moral certainty there would be less need for extensive appeals because there would be less marginal cases.

Candidate 1: "While Blecker proposes a three step test in a draft statute, it does not feature much legal certainty – it features a large amount of jury discretion, which was deemed to be a violation of the US constitution [1] . Any such elastic definition would allow prosecutors to make an argument that pretty much any case is within such a category.

It also continues due use of “death qualified juries”, exclusively made up of death penalty supporters [2] , which are racially skewed toward being whiter. Would this then end up really being for the worst of the worst?

[1] See Furman v Georgia, 408 US 238 (1972) https://supreme.justia.com/cases/federal/us/408/238/case.html

[2] See Witherspoon v Illinois, 391 US 510 (1968) https://supreme.justia.com/cases/federal/us/391/510/case.html"
Candidate 2: "Those who are murdered are not some public resource – they are not our relatives. We may feel sorrow for the victims and their family but uninvolved members of society have no reason to demand punishment on account of them being members of ‘our family’. What of all those who do not feel such resentment, should society enact a death penalty simply to gratify a part of the population that feels this way. This is not a rational grounds for a death penalty even for the very worst. In order to claim that the society wants the criminals' blood, you have to make sure that a)everyone does; b)the person killed deserves to be avenged."
Candidate 3: "The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf"
Candidate 4: "By keeping a person locked up for life, which may well be appropriate for the “worst of the worst”, they are incapacitated for life. It similarly satisfied any retributive instinct, providing a total punishment, a form of internal banishment and total civil death – if one considers retributive justice desirable.

Moreover this is inconsistent. If we are inflicting an eye for an eye because they deserve it then why should the death penalty reserved for the worst of the worst? Should it not be exactly proportional – which would mean all murderers should face the death penalty."

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf
