Capital Punishment, its morality, constitutionality and more importantly its functionality is subject to centuries old academic debates. Literature on arguments for and against capital punishment has vast resources and defenses from moral and religious arguments to statistical and economic arguments. From human right concerns to moral, ethical, religious oppositions to the capital punishment, from discrimination to risk for executing innocent people, one side believes in the abolition of death penalty. On the other side believers of the well functioning of the death penalty mainly meet on such arguments of retribution, economic costs of imprisonment. Both side’s arguments and counter arguments, on the other hand, are based on the deterrence function of the capital punishment for certain types of homicide. The question then turns to whether the severity of punishment diminishes certain types of homicides. This paper mainly will analyze the arguments against and for capital punishment within the perspective of deterrence theory. As of the punishment is justifiable if it can realize its aims. That is sure that beyond the other reasons, deterrence effect of the capital punishment is its most important consequential aim. Accordingly first part of the paper will be vested to the ascertainments of the Van den Hagg. Hagg’s arguments for the deterrence effect of dealth penalty, the Best Bet Argument, describe the real benefits of the society by saving the lives of innocent future victims. Then the paper will process to evaluate the arguments for and against to the capital punishment within the perspective of the deterrence theory just after given definition of the terms as capital punishment and deterrence theory.. Last remark will be Third part of the paper will reconsider and evaluate findings of these three arguments.
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