Justification of the Death Penalty in the form of utilitarianism with an Emphasis on Mass Intimidation

Abstract

The death penalty is reserved for criminals who have committed the most serious crimes. In cases of the death penalty, it is used with the aim of not repeating that criminal behavior by killing the perpetrator, which is one of the utilitarian mechanisms of punishment, deterrence, or intimidation. It is based on the fact that by scaring people, as a belief, it is possible to warn about the results of some of their actions, the possible result of which in criminal law is the punishment of "death". The school of utilitarianism seeks to increase suffering and decrease the possibility of committing a crime. By choosing an instrumental view of punishments, including executions, this school tends to achieve social benefits as a result of committing crimes. This research is related to the justification of the death penalty in the theory of utilitarianism with an emphasis on mass intimidation, and the main purpose of this study is to the school of utilitarianism and the way to justify the death penalty; Also, the question that sought to be answered was, what is the point of view of the utilitarian school regarding the death penalty based on the mass intimidation index? Using the descriptive-analytical method and the reference texts of utilitarianism, the article investigated the way of justifying the death sentence with an emphasis on mass intimidation and concluded that: Utilitarians have considered punishment as a necessary evil and have accepted the death penalty considering the prevention of a greater evil and its deterrent effect.