The Death Penalty and the Clash of Moral Ideologies
"Capital punishment is a term which indicates muddled thinking." George Bernard Shaw The "muddled thinking" that Shaw speaks of is the thinking that perpetuates the controversy over capital punishment in the United States today. The impractical concurrence of a theoretical, moral argument and definite, legal application has left all sides in this controversy dissatisfied with the ultimate handling of the issue. There are legitimate ethical and empirical considerations that stand on both the side that favors and on the side that opposes the death penalty. The general incompatibility of these considerations renders them irreconcilable. It is within this condition of irreconcilability that the government must initiate and implement its policies regarding capital punishment. This fixed condition has led to the necessity for and creation of comprises between both sites of this debate, attempting to synthesize the considerations of the two. The contentious issue of the capital punishment was rekindled in the 1970s when, in 1976, the Supreme reinstated the practice after a four-year hiatus. The arguments that comprise much of the legal debate on the issue stem from the eighth and fourteenth amendments to the United States Constitution. The eighth reads, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." 1
The final clause of the first section of the fourteenth amendment explains, "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." 2 The 1976 ruling of Gregg v....
... middle of paper ...
... sides, regardless of personal conviction. The inherent incompatibility of the arguments prevents any solution from meeting the expectations and satisfying the moral obligations of all parties. This paradox leads to the need for compromise, in place of reconciliation, in death penalty legislation. The status quo of the American legal system allows legislators to weigh the considerations of each side and come to some practical conclusion for the impractical clash of moral ideologies.
1 "Amendment VIII". Constitution of the United States.
2 "Amendment XIV". Constitution of the United States.
3 Gregg v. Georgia, 428 U.S. 153 (1976). United States Supreme Court. Pp. 168-187.
4 "Leviticus". The Soncino Chumash. Pp. 760.
5 "Capital Punishment 1996". Bureau of Justice Statistics Bulletin. December 1997. Pp. 3.
The meaning behind the conch shifts throughout the story. It begins as a symbol for order and civilization, as exemplified by Piggy when he states, “We can use this to call the others. Have a meeting. They’ll come when they hear us.” , and becoming
Tragedy, however, almost strikes as the narrator takes this break from reality. As the family reaches Miles City, Montana, the two young children become captivated by the thought of swimming in a refreshing pool. No adults are aloud into the pool area during the lunch break, but the children are still able to take a swim with the lifeguard present. As the narrator steps out of sight, the youngest girl’s curiosity captures her, and she almost drowns in the pool. Meg had nearly submerged before the mother had a vague premonition that something on this afternoon is very wrong. Running toward the pool, the girl’s parents reach her in time, but this incident seeps much deeper as the mother gains wisdom and identity from the experience.
not only to inflict pain but to provide a gruesome spectacle for the public. It
Although war is often seen as a waste of many lives, poets frequently focus on its effect on individuals. Choose two poems of this kind and show how the poets used individual situations to illustrate the impact of war.
For centuries, the death penalty has been used by nations throughout the world. Practices such as stoning, the guillotine, firing squads, electrocution, and lethal injections have all been common practices to condemn criminals who had enacted heinous crimes. In concurrent society, however, capital punishment has begun to be viewed as a barbaric and inhumane. From these judgments, arguments and controversies have erupted over whether or not the United States should continue to practice the death penalty. With advocates and critics arguing over the morality of the death penalty, the reason to why the death penalty exists has been blurred. Because of the death penalty’s ability to thwart future criminals through fear and its practical purposes, the practice of capital punishment should continue in the United States.
Dulcet et Decorum Est, is probably the most famous anti-war poem by Wilfred Owen. "Dulcet et Decorum Est," is probably the most famous anti-war poem by Wilfred Owen. It has a harsh meaning and persuasive argument.
These people who oppose it say that all human life has the right to be respected.
This essay will discuss the various views regarding the death penalty and its current status in the United States. It can be said that almost all of us are familiar with the saying “An eye for an eye” and for most people that is how the death penalty is viewed. In most people’s eyes, if a person is convicted without a doubt of murdering someone, it is believed that he/she should pay for that crime with their own life. However, there are some people who believe that enforcing the death penalty makes society look just as guilty as the convicted. Still, the death penalty diminishes the possibility of a convicted murderer to achieve the freedom needed to commit a crime again; it can also be seen as a violation of the convicted person’s rights going against the Eighth Amendment of the United States Constitution.
Since the 1700’s forms of the death penalty have been used for one reason or another, but today some disagree with this judicial practice. The death penalty is the ultimate punishment imposed for murder or other capital offenses, and in Alabama a capital offense is murder with eighteen aggravating factors. In 1972 the Supreme Court moved away from abolition, holding that “the punishment of death does not invariably violate the constitution” (Bedau, Case against 2). Since 1900, in this country, there have been on the average more than four cases each year in which an entirely innocent person was convicted of murder (Bedau 7) and because of these startling numbers people are against capital punishment. It is a horrible reality to convict an innocent person of a crime and even worse to put this person on death row. There are even more horrific stories, like the one of Roger Keith Coleman, who was executed in Virginia despite widely pu...
Offenders given mandatory life in prison on charges of murder, on average only serve 16 years before being released back into society. One in three of these killers carries out a second murder even under the supervision of the probation officer.1 If we allow murderers to spend life in prison we run the chance of them getting out and killing again. Capital punishment can also deter future perpetrators from committing such a heinous crime, and it will end the prisoner’s suffering by giving them a humane death and give closure to the victim’s family. Without a concrete meaning of “life in prison” we need the death penalty to put an end to the most evil of people.
‘The old Lie’ the poet users a capital ‘L’ in lie. This puts the war
Punishment, when speaking on serious terms, is socially valuable because it deters criminals from repeating their crimes and may keep others from repeating the same acts. If in fact the deterring effect misses its point, it is the fault of the justice system the all the red tape found behind it. At its current standing, the system is viewed as a joke because no authority is taken, no one believes, let alone fears, the system. Both the lengthy time and the high expense result from innumerable appeals, including many technicalities which have little nothing to do with the question of guilt or innocence. If these wasteless amount of appeals were eliminated or at least controlled, then the procedure would be much shorter, less expensive and more
A death penalty is the sentence of execution for murder and some other capital crimes. Capital punishment can also be applied for treason, espionage, and other crimes. The death penalty, or capital punishment, may be prescribed by Congress or any state legislature for murder and other capital crimes. The Supreme Court has ruled that the death penalty is not a per se violation of the Eighth Amendment 's ban on cruel and unusual punishment.
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.
During the spring semester I read Evangelium Vitae: The Gospel of Life. Paragraphs 27 and 56 of this encyclical prompted a discussion of the death penalty with other students. Their first reaction was that the Pope was against it and that he was saying that the penalty has no justification. There was general resistance to the suggestion that while the Pope's attitude toward the death penalty is, to put it mildly, unfavorable, he did not flat out say that it was immoral, wrong, without justification.