The human rights approach to abolition rejects the most persistent of justifications forcapital punishment: retribution and the need to denounce and expiate through executionthose whose crimes shock society by their brutality. It also rejects the utilitarianjustification that nothing less severe can act as a sufficient deterrent to those whocontemplate committing capital crimes. This is not only because the social scienceevidence does not support the claim that capital punishment is necessary to deter murder,but because even if it could have a marginal deterrent effect, it could only be achieved byhigh rates of execution, mandatorily and speedily enforced. This, abolitionists assert,would increase the probability of innocent or wrongfully convicted persons beingexecuted and also lead to the execution of people who, because of the mitigatingcircumstances in which their crimes were committed, do not deserve to die.
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