Together with war [the death penalty] was for a long time the other form of the right of the sword; it constituted the reply of the sovereign to those who attacked his will, his law, or his person... As soon as power gave itself the function of administering life, its reason for being and the logic of its exercise - and not the awakening of humanitarian feelings - made it more difficult to apply the death penalty. How could power exercise its highest prerogatives by putting people to death, when its main role was to ensure, sustain and multiply life, to put this life in order? For such a power, execution was at the same time a limit, a scandal, and a contradiction. Hence capital punishment could not be maintained except by invoking less the enormity of the crime itself than the monstrosity of the criminal, his incorrigibility, and the safeguard of society. One had the right to kill those who represented a kind of biological danger to others.
Does Capital punishment tend to the security of the people? By no means. It hardens the hearts of men, and makes the loss of life appear light to them; it renders life insecure, inasmuch as the law holds out that Property is of greater value than life.
I must first clear up an ambiguity in the phrase 'doing evil that good may come'. We cannot ask whether e. g. Caesar's death was a good or bad thing to happen; there are various titles under which it may be called good or bad. One might very well say e. g. that a violent death was a bad thing to happen to a living organism but a good thing to happen to a man who claimed divine worship, and this would again leave it open whether doing Caesar to death was a good or bad thing to do for Brutus and the rest. Now when I speak of 'not doing evil that good may come', what I mean is that certain sorts of act are such bad things to do that they must never be done to secure any good or avoid any evil. For A to kill a man or cut off his arm is not necessarily a bad thing to do, though it is necessarily bad that such a thing should happen to a living organism. Only by a fallacy of equivocation can people argue that if you accept the principle of not doing evil that good may come, then you must be against capital punishment and surgical operations.
We are concerned here only with the imposition of capital punishment for the crime of murder, and when a life has been taken deliberately by the offender; we cannot say that the punishment is invariably disproportionate to the crime. It is an extreme sanction suitable to the most extreme of crimes.
We could lose, and I think we need to face that. I was speaking in Nebraska the other day and a very intelligent man came up afterward and said in a very kind and intelligent way, Of course you know you may be fighting a losing battle. And I answered, I’ve known for 30 years that I may be fighting a losing battle. The question to me is not whether I’m going to win or not, but whether I’m going to fight or not.
A child born to a black mother in a state like Mississippi . . . has the same rights as a white baby born to the wealthiest person in the United States. It's not true, but I challenge anyone to say it is not a goal worth working for.