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Utilitarian approach to punishment
Capital punishment in an ethical view
Capital punishment in an ethical view
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The America that we live in today is one that is divided in more ways that we can imagine. Issues such as race, gender, sexual orientation, religion, socioeconomic status, and political views are all issues that polarize our great nation. Within each of these categories lie more specific and focused issues that can be as equally debated and unsettled. Issues such as abortion, gay rights and other ideas that deal with human liberty and freedom are often considered to be hot button issues in politics and can even invoke strong enough emotions to influence presidential elections. One issue of this nature that has been the topic of great discussion and debate over the last century, especially in the United States, is the idea of capital punishment, …show more content…
According to Thiroux, the two main goals of utilitarian based punishment are to deter other people from committing crime and to rehabilitate the offender and to keep him from acting unlawfully again . Deterring others from committing crime, as I will discuss in more detail later, is one of the main arguments for the death penalty. Simple logic tells us that if a certain action carries with the potential to be executed, then we are less likely to do it. This is a very important point and a strong defense of capital punishment from a utilitarian viewpoint. On the other hand, the idea of trying to rehabilitate a prisoner doesn’t work in a system of execution. This is a commonly exploited point by opponents of the death penalty that try to use utilitarianism to defend their argument. As a neuroscience major and someone who has not only taken courses in but also independently researched and studied the human mind, I know it to be true that rehabilitation simply isn’t that effective. While a small number of former murders may have gone on to live decent lives after release and rehabilitation, and even larger number have gone on to kill again . This poses a major problem for the second part of the …show more content…
As we discussed in the beginning, punishment is a necessary thing. We need it and depend on it in our society to hold people accountable for their actions and to act as a way of teaching others and deterring them from committing similar crimes. By looking even further into the concept of punishment and studying what is required for it be effective, we found that capital punishment indeed meets the four criteria outlined by Thiroux. Then the views on punishment from three difference ethical viewpoints were closely examined. It was found that in the retributivist, utilitarian and restitutional views of punishment, that capital punishment could not only be defended but also embraced. After establishing that the death penalty was an exceptional form of punishment, we looked at three specific arguments including deterrence, economic cost and justice. First off, it is the goal of capital punishment to deter the criminal from acting again by putting them to death, and to deter the public from committing crimes by showing them directly what the consequences of their actions are. While some argue that the deterrence rates are low, this is not a fault with capital punishment but instead is due to the fact that the public cannot see these executions and that they do not happen often enough. Secondly, it makes
Capital punishment, or death penalty, is one of the most controversial topics in the United States for a long time. Death penalty is when a criminal is put to death for committing crimes such as murder. Regarding this type of punishment, while there are many supporters who believe that the death penalty should be legalized throughout the nation, there is also a large number of people who against it. While Ernest van den Hagg believes that death penalty is a form of retributive justice that is needed to maintain the legal order by punishing the one who deserves to be punished, on the other hand, Hugo Adam Bedau believes that the purposes of death penalty are to be valued in term of utilitarianism, or giving positive consequences to the society.
The death penalty has always been a subject of controversy. Some say that it is a barbaric practice that should be done away with while others claim it to be necessary to ensure the safety of modern society. Either way, capital punishment has always remained a grey area in the
Opponents of capital punishment are outspoken and vehement in their arguments. They believe the death penalty does not does not deter crime. They also hold the opinion that endin...
Proponents of capital punishment believe that killing criminals is a moral and ethical way of punishing them. They feel there is justification in taking the life of a certain criminal, when in fact that justification is nothing more than revenge. They also feel that the death penalty deters crime, although there have been no conclusive studies confirming that viewpoint (Bedau).
The capital punishment has been cited as a reasonable sentence by those who advocate for retribution. This is essentially when it comes to justice so that people take full responsibility for their individual actions. Studies have proved that the decision to take away life of a person because they committed a certain crime serves to perpetuate the crime in question. It also serves to enhance the progress of organized and violent crime. It has been noted that various flaws in the justice system has led to the wrong conviction of innocent people. On the other hand, the guilty have also been set free, and a plethora of several cases has come up when a critical look at the capital punishment has been undertaken. Killers hardly kill their victims deliberately, but they probably act on anger, passion, or impulsively. In this regard, it is not proper to convict them exclusively without
During the 1970s, the top argument in favor of the death penalty was general deterrence. This argument suggests that we must punish offenders to discourage others from committing similar offenses; we punish past offenders to send a message to potential offenders. In a broad sense, the deterrent effect of punishment is thought to b...
One of the most repetitive and controversial topics discussed in the criminal justice system, is the death penalty. Capital punishment has been a part of our nation’s history since the creation of our constitution. In fact, as of January 1st, 2016, 2,943 inmates were awaiting their fate on death row (Death Penalty Information Center). Throughout my life, I have always been a strong advocate for the death penalty. During the majority of my undergraduate degree, I was a fierce supporter of capital punishment when discussing the topic in classes. However, throughout many criminal justice courses, I found myself in the minority, regarding the abolishment of the death penalty. While debating this topic, I would always find myself sympathetic to the victims and their families, as one should be, wanting those who were responsible for heinous crimes to
Fagan, Jeffrey. “Deterrence and the Death Penalty: A Critical Review of New Evidence.” Testimony to Jeffrey Fagan, Ph.D. Columbia Law School. 21 Jan 2005. Web. 14 Mar 2011.
The death penalty is one of the most controversial topics debated today. Like every controversial topic, there are two sides to it. Each side has valid arguments for what they believe, however, I believe that one side is more right than the other. Some of the arguments that come into play when discussing the death penalty are the following: the cost of having someone on death row, a person has the right to live, whether or not it discourages crime, and possible innocence of the defendant.
Capital Punishment Essays - For the Common Good. Putting to death people judged to have committed certain extreme Terrible crimes are a practice of ancient standing, but in the United States. in the second half of the twentieth century, it has become a very controversial issue. Changing views on this difficult issue led the Supreme Court to abolish capital punishment in 1972 but later upheld it in 1977. The 'Standard' of the 'Standard' Although capital punishment is what the people want, there are many.
Capital punishment is a difficult subject for a lot of people because many question whether or not it is ethical to kill a convicted criminal. In order to critically analyze whether or not it is ethical, I will look at the issue using a utilitarianism approach because in order to get a good grasp of this topic we need to look at how the decision will impact us in the future. The utilitarianism approach will help us to examine this issue and see what some of the consequences are with this topic of capital punishment. For years, capital punishment has been used against criminals and continues to be used today, but lately this type of punishment has come into question because of the ethical question.
Americans have argued over the death penalty since the early days of our country. In the United States only 38 states have capital punishment statutes. As of year ended in 1999, in Texas, the state had executed 496 prisoners since 1930. The laws in the United States have change drastically in regards to capital punishment. An example of this would be the years from 1968 to 1977 due to the nearly 10 year moratorium. During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes.”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment. While we may all want murders off the street, the problem we come to face is that is capital punishment being used for vengeance or as a deterrent.
There are many people that still believe that Capital Punishment is the best way to go to punish people who murder and commit other drastic crimes. I believe that murders should have the Death Penalty imposed to punish them for taking someone. else's life, although everyone has their own opinion and that is fine. to have a different opinion. Whether Capital Punishment is ethical is also up to your own beliefs, and I hope this essay has given you an insight into Capital Punishment and help you determine your own.
Special attention will be given to the topics of deterrence, the families of the victims, and the increased population that has been occurring within our prisons. Any possible objections will also be assessed, including criticism regarding the monetary value of the use of the death penalty and opposition to this practice due to its characteristics, which some identify as hypocritical and inhumane. My goal in arguing for the moral justifiability of capital punishment is not to use this practice extensively, but rather to reduce the use to a minimum and use it only when necessary. Above all else, capital punishment should be morally justified in extreme situations because it has a deterrent effect. Many criminals seem to be threatened more by the thought of death rather than a long-term prison sentence.
“An eye for an eye, a tooth for a tooth” is how the saying goes. Coined by the infamous Hammurabi’s Code around 1700 BC, this ancient expression has become the basis of a great political debate over the past several decades – the death penalty. While the conflict can be whittled down to a matter of morals, a more pragmatic approach shows defendable points that are far more evidence backed. Supporters of the death penalty advocate that it deters crime, provides closure, and is a just punishment for those who choose to take a human life. Those against the death penalty argue that execution is a betrayal of basic human rights, an ineffective crime deterrent, an economically wasteful option, and an outdated method. The debate has experienced varying levels of attention over the years, but has always kept in the eye of the public. While many still advocate for the continued use of capital punishment, the process is not the most cost effective, efficient, consistent, or up-to-date means of punishment that America could be using today.