Capital punishment deterrence arguments in Muhlhausen's opposing views essay

Nursing Theory -- Bonnie Duldt

The debate surrounding capital punishment is not as clear as one might think -- in fact, there is a great deal of gray within this debate. The actual definition is State controlled taking of a human life in response to some crime committed by a person who was legally convicted of that crime. Views are quite polarized on the subject, as we shall see in review of two articles.

Muhlhausen, D. (2009). "The Death Penalty Should Not Be Abolished." In D. Muhlhausen, ed., Opposing Views in Criminal Justice. Detroit: Greenhaven Press.

Identify the principal issue presented by the source. Capital punishment produces a strong deterrent effect that saves lives.

Identify any examples of bias presented by the author. If none exist, explain how you determined this. Muhlhausen is predisposed towards right-wing policies as a member of a conservative think-tank, the Heritage Foundation.

Identify any areas that are vague or ambiguous. If none exist, explain how you determined this. Author uses selective studies to buttress his argument; for example, only two studies, one from the 1970s, indicating that the death penalty is a verifiable deterrent.

4 Do you find the source credible? Explain your reasoning. Yes, the source is credible, but, as typical for polemical arguments, the author uses only which outside sources agree with his/her point-of-view. Sometimes the decision not to use certain research indicates bias.

5 Identify and name any rhetorical devices used by the author. If none exist, explain how you determined this. Author uses Audience: "Federal…. Officials need to recognize that the death penalty saves lives." Cause-Effect: "Capital punishment does, in fact, save lives."

6 Identify and name any fallacies used by the author. If none exist, explain how you determined this. "If the recent evidence of deterrence is shown to be correct, then opponents of capital punishment will face an uphill struggle on moral grounds." This is a fallacy because it assumes facts not in evidence and makes a statement that appears to be factual when it is opinion.

7 State one argument made by the author. Each additional execution appears to deter between three and 18 murders. While opponents of capital punishment allege that it is unfairly used against African-Americans, each additional execution deters the murder of 1.5 African-Americans. Further moratoria, commuted sentences, and death row removals appear to increase the incidence of murder

8 Identify the premises and conclusion of the argument. Premise = legal execution has positive effects; conclusion: continued use of capital punishment will save lives.

9 Is the author's argument valid or invalid, sound or unsound, strong or weak? Explain how you determined this. Author's arguments are sound and strong, using selective data to prove case, using academics and law enforcement information to appeal to audience.