Argumentative Essay on Capital Punishment in Australia
Capital punishment is barbaric and inhumane and should not be
re-introduced into Australia. Although capital punishment has been
abolished, the debate on this topic has never abated. When a
particularly heinous crime is committed, this debate arouses strong
passions on both sides. Many who advocate the abolition of capital
punishment consider the death penalty to be cruel and inhuman, while
those who favor of punishment by death see it as a form of just
retribution for the gravest of crimes. Determining whether Queensland
should re-introduce capital punishment as a sentence will be the focus
of this assignment.
Capital punishment, also referred to as the death penalty, is the
judicially ordered execution of a prisoner as a punishment for a
serious crime, often called a capital offence or a capital crime. In
those jurisdictions that practice capital punishment, its use is
usually restricted to a small number of criminal offences,
principally, treason and murder, that is, the deliberate premeditated
killing of another person. In the early 18th and 19th century the
death penalty was inflicted in many ways. Some ways were, crucifixion,
boiling in oil, drawing and quartering, impalement, beheading, burning
alive, crushing, tearing asunder, stoning and drowning. In the late
19th century the types of punishments were limited and only a few of
them remained permissible by law. In the 19th century capital
punishment was to only be inflicted by the methods such as hanging,
electrocution, the gas chamber, firing squad and lethal injection.
The history of capital punishment in Aust...
... middle of paper ...
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Studies for Queensland, Volume 2, ForthEdition, Legal Eagle
11. Msn Encarta (2007). Capital Punishment - The pros and cons.
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Do two wrongs make a right? That is the question you should ask yourself. How can one life be worth more than another?s? Would you like to have your dignity, and even your basic human rights to stripped away from you at the flick of a switch or the pull of a trigger?
Each year there are about 250 people added to death row and 35 executed. From 1976 to 1995 there were a total of 314 people put to death in the US 179 of them were put to death using lethal injection, 123 were put to death using electrocution, 9 were put to death in a gas chamber, 2 were hanged, and 1 was put to death using the firing squad. The death penalty is the harshest form of punishment enforced in the United Sates today. Once a jury has convicted a criminal, they go to the second part of the trial, the punishment phase. If the jury recommends the death penalty and the judge agrees then the criminal will face some form of execution, lethal injection is the most common form used today. There was a period from 1972 to 1976 that capital punishment was ruled unconstitutional by the Supreme Court. Their reason for this decision was that the death penalty was "cruel and unusual punishment" under the Eighth Amendment. The decision was reversed when new methods of execution were introduced. Capital punishment is a difficult issue and there are as many different opinions as there are people. In our project, both sides have been presented and argued fully.
Since the last execution in Australia in 1967 of Ronald Ryan and the abolition of capital punishment in Australia in 1973 imprisonment has been the only option as a sanction for murder. A survey conducted in 2009 demonstrated that a clear majority of Australians (64%) believed that imprisonment should be the punishment for murder as opposed to 23% stating the death penalty should be used and 13% did not wish to comment. The death penalty is not an effective punishment for all cases and there has not been any solid evidence stating that it is a more effective deterrent than imprisonment. Furthermore capital punishment possesses the risk of executing the innocent, which has happened or almost happened numerous times in the past such as Colin Ross. The death penalty is also a breach of the Universal Human Rights. Additionally although there is belief that detaining criminals actually costs taxpayers more due to court processes, the method of execution and many other factors. While imprisonment should be the highest sanction for crime, in some cases this is not effective, such as the case of Australian serial killer Peter Dupas. As a result, imprisonment is the only appropriate option for murder in majority of instances, however in some cases it is evident that capital punishment is necessary for the safety of society.
Capital punishment is crime's most dreaded consequence, death. Hanging was Canada's form of capital punishment up until 1976 when it was abolished. Webster's Dictionary defines capital punishments as: "The penalty of death for the commission of a crime." (Webster's, 1994, 43). The chance of capital punishment being reinstated in Canada has been very slim up until now. Recently the Canadian Alliance Party has put forth efforts to reinstate it, which has put the controversial topic back up for debate. This has divided many Canadians concerning their beliefs. Capital punishment should never be reinstated in Canada as it is a barbaric practice that is unjust. This essay will clearly demonstrate that reinstating capital punishment would be illegal as it would violate the Canadian Charter of Rights and Freedoms, Canadian Bill of Rights and the United Nations Universal Deceleration of Human Rights. In addition, this paper will show that capital punishment is a cruel and barbaric punishment. Finally, this paper will examine how capital punishment does nothing to deter people from committing crimes.
Capital punishment is a declining institution as the twentieth century nears its end. At one time capital punishment was a common worldwide practice, but now it is only used for serious violation of laws in 100 of the world's 180 nations (Haines 3 ). It can be traced back to the earliest forms of civilization. The origins of the movement away from capital punishment are difficult to date precisely. The abolition movement can be heard as early as the religious sermons of the Quakers in the 1640's (Masur 4). In the seventeenth century, the Anglo-American world began to rely less on public executions and more in favor of private punishments. The possible decline in popularity of the capital punsihment system is directly related to the many controversial issues it entails such as: the questions of deterrence, morals and ethics, constitutionality, and economics.
The death penalty, as administered by states based on their individual laws, is considered capital punishment, the purpose of which is to penalize criminals convicted of murder or other heinous crimes (Fabian). The death penalty issue has been the focus of much controversy in recent years, even though capital punishment has been a part of our country's history since the beginning. Crimes in colonial times, such as murder and theft of livestock were dealt with swiftly and decisively ("The Death Penalty..."). Criminals were hanged shortly after their trial, in public executions. This practice was then considered just punishment for those crimes. Recently though, the focus of the death penalty debate has been on moral and legal issues. The murderers of today's society can be assured of a much longer life even after conviction, with the constraints of the appeals process slowing the implementation of their death sentence. In most cases, the appeal process lasts several years, during which time criminals enjoy comfortable lives. They have television, gym facilities, and the leisure time to attend free college-level classes that most American citizens must struggle to afford. Foremost, these murderers have the luxury of time, something their victims ran out of the moment their paths crossed. It is time this country realized the only true justice for these criminals is in the form of the death penalty. The death penalty should be administered for particularly heinous crimes.
Capital punishment is an age-old practice. It has been used in civilizations for millennia, and will continue to be used for millennia to come. Whether used for the right or wrong reasons, capital punishment is unmistakable in its various forms. From hangings, to firing squads, to lethal injections, capital punishment and the associated proceeding have evolved over time. There have been many arguments against capital punishment, many of which still hold true. As capital punishment has evolved over time, however, many of the most valid arguments have been proven all but null. Capital punishment still has its ethical and moral concerns, but as it has evolved over time these concerns have not necessarily become less valid, but fewer in number when specifically addressing capital punishment. The proceedings that come hand-in-hand with capital punishment, however, have become increasingly more rigorous and controversial and are the main focus of most capital punishment concerns.
The death penalty has been promoted for thousands of years, for countless crimes committed by humans. The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes. The death penalty was also part of the Fourteenth Century B.C.'s Hittite Code; in the Seventh Century B.C.'s Draconian Code of Athens, which made death the only punishment for all crimes; and in the Fifth Century B.C.'s Roman law of the Twelve Tablets. Death sentences were carried out by such means as crucifixion, drowning, beating to death, burning alive, and impalement. Now in today’s society the most common methods of execution are; firing squad, hanging, and in recent years: lethal injection which is undeniably more humane than any other form of execution throughout history. The death penalty has been used to protect society from the iniquities that mankind has presented itself. The criminals, rapists, murderers, and sadists, who harm innocent people, should undeniably forfeit their own right to live as Margaret Thatcher has stated. The use of capital punishment is essential to the security of our nation and the justice in which those who are innocent and those who are the victims deserve.
Since the 13 colonies were first established in America, the death penalty has been the main form of capital punishment as a firmly deep-rooted institution in the United States. Today, one of the most debated issues in the criminal justice system is the issue of capital punishment. While receiving disapproving viewpoints as those who oppose the death penalty find moral fault in capital punishment, the death penalty has taken a very different course in America while continuing to further advancements in the justice system since the start of the new millennium. While eliminating overcrowding in state jails, the death penalty has managed to save tax payers dollars as well as deteriorate crime and apprehend criminals.
Guernsey, J. B. (2010). Death penalty: fair solution or moral failure. Minneapolis, MN: Lerner Publishing Group, Inc. Retrieved February 8, 2011 from http://books.google.com/books?id=38slHSsFFrgC&pg=PA125&dq=death+penalty+in+other+countries&hl=en&ei=F6dQTZHLBsm_tgfD7rHBCQ&sa=X&oi=book_result&ct=result&resnum=5&ved=0CD4Q6AEwBDgU#v=onepage&q=death%20penalty%20in%20other%20countries&f=false
Forms of punishment in Australia have changed to a great extent since the late 1700’s when the convicts arrived. Many factors have influenced this change, such as the effectiveness of the punishment or how it affects society. Today, many people would find the older punishments that were used rather outrageous and necessary, in contrast with the punishment system that is in Australia today, which can be seen as a lot more effective and humane.
Capital punishment is the punishment of death for a crime given by the state. It is used for a variety of crimes such as murder, drug trafficking and treason. Many countries also have the death penalty for sexual crimes such as rape, incest and adultery. The lethal injection, the electric chair, hanging and stoning are all methods of execution used throughout the world. Capital punishment has been around since ancient times; it was used in ancient Rome, and one of the most famous people to be crucified was Jesus Christ. Capital punishment is now illegal in many countries, like the United Kingdom, France and Germany, but it is also legal in many other countries such as China and the USA. There is a large debate on whether or not capital punishment should be illegal all over the world as everyone has a different opinion on it. In this essay, I will state arguments for and against the death penalty, as well as my own opinion: capital punishment should be illegal everywhere.
Capital punishment has been a controversial topic in association to any person condemned to a serious committed crime. Capital punishment has been a historical punishment for any cruel crime. Issues associated to things such as the different methods used for execution in most states, waste of taxpayers’ money by performing execution, and how it does not serve as any form of justice have been a big argument that raise many eyebrows. Capital punishment is still an active form of deterrence in the United States. The history of the death penalty explains the different statistics about capital punishment and provides credible information as to why the form of punishment should be abolished by every state. It is believed
A contentious issue in current debate is the death penalty and its application in society. The death penalty, also known as capital punishment, occurs when a individual is punished by execution as a consequence of an offence they committed (Taylor, 2014). Although Australia does not practice the death penalty, many countries continue to employ it as a means of justice and uphold its value in society. The death penalty debate is a multifaceted issue, encompassing many aspects of society including ethics and morality, the judicial system, and politics and the economy. It will be argued that the death penalty is a morally dubious and obsolete practice that is no longer relevant in modern judiciary, as it breaches the inviolable human right to life. Ethics and morality are primary arguments for both supporting and opposing the death penalty, as some individuals believe that the death penalty is a immoral practice and others consider that it can be morally justified when prolific crimes are committed. Punishment is fundamental element to any legal system as a means of justice and ensuing that the offender is unable to commit additional crimes; however, in the case of the death penalty there can be dire consequences if the legal system is wrong. Politics and the economy are also greatly influenced by the death penalty as they determine if the practice is maintained. The death penalty breaches a number of human rights laws and some individuals support that it is immoral; however, others consider it to be justifiable due to the heinous actions of the offender.
Capital punishment, or otherwise known as the death penalty, is death sentenced upon a person by the state as a punishment for a crime. These crimes are known as capital crimes or capital offenses. Capital punishment has been practiced in many societies; now 58 nations practice the death penalty, while 97 nations have abolished it. In the past, it was common for the ruling party to make the offender known throughout the community for his or her criminal act. Thus, if the community were made aware of the consequences for breaking the laws, the crime rate would reduce. Such criminal penalties included: boiling to death, disembowelment, crucifixion and many more. As time went on the movement towards more humane treatments took hold. In the US, the electric chair and gas chambers were introduced but have been almost entirely superseded by lethal injection. Nevertheless, capital punishment has been a part of human history and will always continue to be a controversy and a debate. (Bedau)