Capital Punishment - It's Fair and Effective
Confronting head-on two of the most prominent objections to the death penalty is the object of this paper: Is the death penalty a miscarriage of justice? And Does it Deter Crime?
It's a miscarraige of justice. In a survey Professors Hugo Adam Bedau and Michael Radelet found that 7000 persons were executed in the United States between 1900 and 1985 and that 35 were innocent of capital crimes (1). Among the innocents they list Sacco and Vanzetti as well as Ethel and Julius Rosenberg. Although their data may be questionable, I do not doubt that, over a long enough period, miscarriages of justice will occur even in capital cases.
Despite precautions, nearly all human activities, such as trucking, lighting, or construction, cost the lives of some innocent bystanders. We do not give up these activities, because the advantages, moral or material, outweigh the unintended losses (2). Analogously, for those who think the death penalty just, miscarriages of justice are offset by the moral benefits and the usefulness of doing justice. For those who think death penalty unjust even when it does not miscarry, miscarriages can hardly be decisive.
Is it a deterrent? Despite much recent work, there has been no conclusive statistical demonstration that the death penalty is a better deterrent than are alternative punishments (3). However, deterrence is less than decisive for either side. Most abolitionists acknowledge that they would continue to favor abolition even if the death penalty were shown to deter more murders than alternatives could deter (4). Abolitionists appear to value the life of a convicted murderer or, at least, his non-execution, more highly than they v...
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...n, however just, of murderers. But although there is a lively discussion of the subject, not serious evidence exists to support the hypothesis that executions produce a higher murder rate. Cf. Phllips, the deterrent Effect of Capital Punishment: New Evidence on an Old Controversy, 86 Am. J. Soc. 139 (1980) (arguing that murder rates drop immediately after executions of criminals).
6 H. Gross, A Theory of Criminal Justice 489 (1979) (attributing this passage to Sir James Fitzjames Stephen).
7 Weems v. United States, 217 U.S. 349 (1910) suggest that penalties be proportionate to the seriousness of the crime - a common theme in criminal law. Murder, therefore, demands more that life imprisonment. In modern times, our sensibility requires that the range of punishments be narrower than the range of crime - but not so narrow as to exclude the death penalty.
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...
Capital punishment has long been a topic for heated debate throughout the United States of America and the civilized world. For many politicians, the death penalty has been a key pillar to winning a state or election; and, to some extent, politics have been a key influence in America’s justice system. Many nations have outlawed capital punishment, with the United States included between 1972 and 1976. In the United States, there has been a renewed movement for this “eye for an eye” method, citing such arguments as “deterrence” and “victims’ rights.” This movement begs a single question – is there any economical, legal, or statistical support for the ultimate punishment? This article will strive to answer that question by evaluating several key issues (be they supporting or otherwise) concerning capital punishment – the legitimacy of ‘deterrence,’ the legality of capital punishment under the Eighth Amendment’s “cruel and unusual punishment” clause, and the cost associated with putting a man to death in relation to the cost associated with life imprisonment.
There are over sixty offenses in the United States of America that can be punishable by receiving the death penalty (What is..., 1). However, many individuals believe that the death penalty is an inadequate source of punishment for any crime no matter how severe it is. The fact remains, however, that the death penalty is one of the most ideal forms of punishment. There are other individuals who agree with the idea that capital punishment is the best form of punishment. In fact, some of these individuals believe that this should be the only form of punishment.
“The question of whether the death penalty is a more effective deterrent than long-term imprisonment has been debated for decades or longer by scholars, policy makers, and the general public” (Radelet & Lacock, 2009).
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
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.
Between 1977 and 2010, an estimated 8,000 people were on Death Row in the US and out of those 8,000, more than 1,200 were actually executed (Siennick, 2012). Policy makers and scholars have been especially interested in whether the death penalty serves a crime-control function by deterring prospective murderers (Siennick, 2012). This debate on whether or not the Death Penalty is an effective deterrent is important to our society because we need to understand the impact of this ultimate and final punishment. Expectations of deterrence follow from the basic idea that potential murderers decide whether to kill after considering the benefits and costs of killing (Siennick, 2012). The Death Penalty as punishment can be a deciding factor to a potential murderer when they make the decision whether to kill someone or not. There is assorted evidence on whether or not this happens and there isn’t a chosen method to gather data that fully supports this idea.
The death penalty has been backed by statistical analysis that has provided arguments for and against the sentencing based off deterrence methods. People against the death penalty have documented states that do not have the death penalty and have shown a decrease in murder rate. David Cooper’s statistical article provides information for non-death penalty states showing lower murder rates by stating, “When comparisons are made between states with the death penalty and states without, the majority of death penalty states show murder rates higher than non-death penalty states. The average of murder rates per 100,000 population in 1999 among death penalty states was 5.5, whereas the average of murder rates among non-death penalty states was only 3.6,” (Cooper, p.1). The statistics have shown that the death penalty ha...
Capital punishment, a topic that is constantly debated, is questioned on whether or not it serves its purpose which is to deter criminals and if it is morally acceptable. It is my goal to evaluate arguments that promote or reject capital punishment and its deterrence factor. It would be beneficial comparing crime statistics for states that uphold and states that abolish capital punishment. Finally, an investigation of criminals facing the death penalty and their thoughts as well as modern prison conditions will provide insight to this debate. Capital punishment could be a great deterrent to crime or it may have no effect at all.
The death penalty remains a very controversial and highly criticized topic. Both sides argue vehemently from many different angles about the constitutionality, morality, and justice of the death penalty; but, both sides know that there must be some form of punishment for the violent criminals who commit murder. The conflict arises with the question, “what punishment is fair for a convicted murderer?”
When someone is legally convicted of a capital crime, it is possible for their punishment to be execution. The Death Penalty has been a controversial topic for many years. Some believe the act of punishing a criminal by execution is completely inhumane, while others believe it is a necessary practice needed to keep our society safe. In this annotated bibliography, there are six articles that each argue on whether or not the death penalty should be illegalized. Some authors argue that the death penalty should be illegal because it does not act as a deterrent, and it negatively effects the victim’s families. Other scholar’s state that the death penalty should stay legalized because there is an overcrowding in prisons and it saves innocent’s lives. Whether or not the death penalty should be
The question regarding whether the United States should implement the death penalty as a form of punishment is a heated issue in American politics. The topic is so divisive because it deals with death, which is permanent. Life is valued in every society, and when life is taken away, emotions rise. Most human beings maintain a strong underlying fear of dying, so they wish to prevent their own death, especially their murder, at any cost. Furthermore, since crime is a prevalent problem in the U.S., Americans yearn for a successful way to reduce the homicide rate. However, most Americans do not favor the use of the death penalty when other options, such as life in prison without parole plus restitution, are presented (Dieter). By comparing the empirical and moral claims of the arguments in favor and against the use of the death penalty, we suggest that the presidential candidate take a cautiously anti-death penalty stance.
In order to defend my standing in this argument I will reason that the use of capital punishment has many benefits that trump any possible objections. 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.
The Story of Chris Smith the Vampire It was a perfectly normal cold, wet winter's day as Chris a polite and
The death penalty has been an ongoing debate for many years. Each side of the issue presents valid arguments to explain why someone should be either for or against the subject. One side of the argument says deterrence, the other side says there’s a likelihood of putting to death an innocent man; one says justice, retribution, and punishment; the other side says execution is murder itself. Crime is an unmistakable part of our society, and it is safe to say that everyone would concur that something must be done about it. The majority of people know the risk of crime to their lives, but the subject lies in the techniques and actions in which it should be dealt with. As the past tells us, capital punishment, whose meaning is “the use of death as a legally sanctioned punishment,” is a suitable and proficient means of deterring crime. Today, the death penalty resides as an effective method of punishment for murder and other atrocious crimes.