Thesis: Pojman’s theory in favour of capital punishment, namely the utilitarian theory, is weakly

rooted to support that the death penalty is permissible. Firstly, Pojman’s argument that capital
punishment serves as an effective deterrent is invalid as it remains to be seen whether majority of
criminals engage in a ‘cost-benefit analysis’ before committing a crime. Secondly, the utilitarian’s
claim that capital punishment is crucial as it invokes fear is myopic as humans do experience other
emotions which potentially outweigh the fear of the death penalty. Lastly, utilising the death penalty
as a mean of deterrent is immoral as lives should never be used as a tool, no matter what the goal is. 

(1) With the access to DNA testing, there is a significant number of cases of those being
wrongful convicted being exonerated, it is simply not acceptable for their lives to end with an
execution. (United Nation Human Rights, 2014, p. 12)

(2) With the reintroduction of capital punishment within several states in America, there was no
corresponding drop in number of homicide cases. (Bailey, 1975)

(3) The eternal confinement and wait while the guilty is being forced to endure takes the soul out
of a man, surely this is proportional punishment for the capital offense he committed.
(Johnson, 2014, p. 951)

(4) The assumption that proportionality of crime and punishment allows victims to get closure is
false as instead of being focused on retribution, loved ones of those murder seek to get over
their trauma through forgiveness, healing and restoration. (United Nation Human Rights,
2014, p. 16)