Death Row, Calls for Indifference, and Redemption of the Soul

77 Ohio St. L.J. Furthermore, Forthcoming

16 Pages Posted: 22 Jun 2016 Last revised: 8 Jul 2016

See all articles by Corinna Lain

Corinna Lain

University of Richmond - School of Law

Date Written: June 19, 2016

Abstract

In this essay, an invited response to Marah McLeod’s article "Does the Death Penalty Require Death Row? The Harm of Legislative Silence," I first engage with McLeod’s paper, summarizing its key claims and endorsing its call for legislative action, while disagreeing at times with analytical moves along the way. I then turn to two questions that the article inspired. One stems from comments in the constitutional, academic, and public discourse calling for indifference to the way we treat the condemned in light of the way they treated their victims. Given the depravity of the crimes the condemned have committed, why should we care about the conditions under which they are housed on death row? The other stems from McLeod’s description of death row as originally intended to facilitate redemption of the soul in preparation for destruction of the body. For those who still care about redemption of the soul — and religion runs deep in arguments for the death penalty and against it — how do the conditions of death row impact the opportunity for redemption, and how might the answer to that question contribute to the death penalty discourse today? A good paper asks important questions. A great paper inspires questions of their own. Does the Death Penalty Require Death Row? is a great paper.

Keywords: death penalty, death row, retribution, law and religion

Suggested Citation

Lain, Corinna, Death Row, Calls for Indifference, and Redemption of the Soul (June 19, 2016). 77 Ohio St. L.J. Furthermore, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2797887

Corinna Lain (Contact Author)

University of Richmond - School of Law ( email )

28 Westhampton Way
Richmond, VA 23173
United States

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