Evidence for "When heinous criminals get to live out their days, people feel that justice is not being done" is the history of any society prior to 1800 and basic human nature? I don't know, read history and literature and philosophy of the premodern age, or I guess you could call it vibes sure. I believe it to be true and find it self evident.
It is decidedly not self evident given that it is directly contradicted by statistical evidence. Again, violent crime in most European countries is significantly lower than the United States. I would agree that there are lots of reasons for it but it certainly doesn’t appear that the lack of capital punishment is causing massive spikes in crime.
Eudamoniac is pretty clear that this is entirely about their feelings. When the state murders somebody it feels good and when it doesn’t murder people it feels bad.
> society needs to feel that the state executes justice
> People largely feel a greater trust in the state and a greater sense of justice and peace of mind when heinous criminals are killed
> people feel that justice is not being done
(and again)
> people feel that justice is not being done
They’re not going to give anybody a rational argument here because
> I guess you could call it vibes sure
It’s like asking somebody to justify why they’re really into ABDL stuff. The important part is that they just are, and won’t be talked out of it.
Correct. The value judgements (feelings) of the demos should be reflected in the policies that the democracy enacts and is governed by. That's part of what a government of and by the people means. Governing by any other system, like utilitarianism, or arbitrary moral principles like 'killing criminals is wrong' that the majority of constituents don't hold, needs heavy justification, and may not be justifiable in a democracy. If you'd prefer an oligarchy or monarchy wherein someone can impose their own minority value system on the people, even if that system objectively results in 'better outcomes' whatever that means to you, that's fine, but just be honest about it.
In brief, it doesn't matter what "is best" in some utilitarian framework if the democracy is not attuned to that framework. It doesn't matter if the death penalty actually increases crime. What matters is that the government should be doing what the people want it to be doing. If the people really want to kill criminals, any system that prevents that is non-democratic.
Well, good thing we don't live in any time prior to 1800! What even is that answer? Of course premodern societies would appeal to different aspects of human nature in different ways. The question is whether a society can sustain its own survival and welfare even when certain facets of human nature are frawned upon and discouraged. I see no reason for doubting that this is the case for the retributive instinct, at least when killing is involved.
