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  1. What's Wrong with Differential Punishment?Benjamin S. Yost - 2017 - Utilitas 29 (3):257-285.
    Half of the drug offenders incarcerated in the United States are black, even though whites and blacks use and sell drugs at the same rate, and blacks make up only 13 percent of the population. Noncomparativists about retributive justice see nothing wrong with this picture; for them, an offender’s desert is insensitive to facts about other offenders. By contrast, comparativists about retributive justice assert that facts about others can partially determine an offender’s desert. Not surprisingly, comparativists, especially comparative egalitarians, contend (...)
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  • Desert, Justice and Capital Punishment.Patrick Lenta & Douglas Farland - 2008 - Criminal Law and Philosophy 2 (3):273-290.
    Our purpose in this paper is to consider a procedural objection to the death penalty. According to this objection, even if the death penalty is deemed, substantively speaking, a morally acceptable punishment for at least some murderers, since only a small proportion of those guilty of aggravated murder are sentenced to death and executed, while the majority of murderers escape capital punishment as a result of arbitrariness and discrimination, capital punishment should be abolished. Our targets in this paper are two (...)
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  • Race, Capital Punishment, and the Cost of Murder.M. Cholbi - 2006 - Philosophical Studies 127 (2):255-282.
    Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher sentences, and (...)
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  • Black Lives Matter and the Call for Death Penalty Abolition.Michael Cholbi & Alex Madva - 2018 - Ethics 128 (3):517-544.
    The Black Lives Matter movement has called for the abolition of capital punishment in response to what it calls “the war against Black people” and “Black communities.” This article defends the two central contentions in the movement’s abolitionist stance: first, that US capital punishment practices represent a wrong to black communities rather than simply a wrong to particular black capital defendants or particular black victims of murder, and second, that the most defensible remedy for this wrong is the abolition of (...)
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