Capital Punishment

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Capital Punishment

Whenever the word "death penalty" comes up, extremists from both sides of the spectrum begin to wildly express their opinions. One side says deterrence, the other side says there's a potential of executing an innocent man. One says justice, retribution, and punishment; the other side says execution is murder. However, all arguments aside, the best way and the only way to truly make a rational decision about capital punishment is to examine the purpose of our criminal justice system. Once the purpose of the criminal justice system is established, one must find out the purpose of capital punishment. This paper will show that the purpose of capital punishment is consistent with and embodies the purpose of the criminal justice system. Then, this paper will determine whether or not the present form of the death penalty is fulfilling its purpose, and what could be changed to make the death penalty more efficient and effective.

The first question that must be faced is, "What is the purpose of the criminal justice system and does the death penalty help to fulfill that purpose?" In The Law, Frederic Bastiat says that humans have inalienable rights that existed outside of and before government. These rights are life, liberty, and property. He contends that the only legitimate purpose of government is to protect these rights. When one person inflicts on another's rights or takes advantage of another person, he is plundering. Bastiat asks, "When, then, does plunder stop? It stops when it becomes more painful and more dangerous than labor. It is evident, then that the proper purpose of law is to use the power of its collective force to stop this fatal tendency to plunder instead of work. All the measures of the law should protect property and punish plunder," (Bastiat 24-26).

People will plunder, take advantage of others, and commit crimes as long as it is in their best interest to do so. The purpose our entire criminal justice system is to protect the rights of life, liberty, and property for all its citizens. To do this, the criminal justice system needs to make "plunder more painful and more dangerous than labor." In other words, the punishment for crime must be harsh enough to deter potential criminals. Under this mindset, the death penalty makes perfect sense. Here is a punishment that truly makes the criminal pay for his crime, stops t...

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... General's Office. 1997. 2.

32. 0 The Attorney General's Office did say that the appeals process would be faster once the results of new laws passed on the federal and state level begin to take

effect. However, he said that he didn't expect the length of time to get any shorter than 5 years.

33. 0 Malice- Malice is that condition of mind which prompts a person to take the life of another intentionally without just cause, excuse, or justification.

Express malice- In criminal law, the intent to kill or seriously injure arising from a deliberate rational mind.

Implied malice- Malice inferred from a person's conduct. (Definitions come from Black's Law Dictionary: New Pocket Edition.)

34. 0 In all capital cases, there are two initial trials. The first trial decides whether the defendant is guilty or not guilty. The second trial decides whether to give the

defendant a punishment of death or life imprisonment. Having 9 of 12 jurors concur on the punishment obviously refers to the second trial, not the first. The

procedure for the first trial will be unchanged by this bill.

35. 0 Duff, Charles. A Handbook on Hanging. Boston: Hale, Cushman, and Flint. 1929. 54.

Capital Punishment
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Capital Punishment