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Is capital punishment justified
Is capital punishment justified
Is capital punishment justified
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Punishment takes various forms, but the decisive end of life arouses the emotions of all, not just those directly affected, to dispute the ethics of capital punishment. At the core of the controversy, two educated assessments are made; abolitionists attempt to prove that the death penalty is unnecessary and unjust, while its advocates proclaim the opposite. Avid abolitionist Jack Greenberg writes in his article “Against the American System of Capital Punishment,” that not only does the current system fail to deter but it is enforced unfairly because of the bias infesting our courts. Ernest van den Haag counters this belief with his article, “The Ultimate Punishment: a Defense,” which shifts the focus away from deterrence, stating that it is not a beneficial argument for either side. Haag also argues that “justice is independent of distributional inequalities” (Haag, par. 7)
We will not be able to truly determine with studies whether or not death is an effective deterrent because we can not enter the mind of a likely murderer, but we can recognize justice, and we should not be appalled at a few exceptions of equality when the termination of the death penalty will create a deprivation of justice.
Partisans often use an idealized system of justice when they defend capital punishment, Greenburg writes, but in reality the death penalty can not deter any more than life imprisonment (Greenburg, par. 15). Thorsten Sellin conducted studies, used by Greenburg, reveling that even when the death penalty was widely administered it was still a poor deterrent (Greenburg, par. 16). Greenburg doubts that a killer actually considers the possibility of being caught, and in the unlikely event that capture is considered a criminal will s...
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... administer equal judgments, but if it fails in a few instances, should we handicap its ability to do so in the future?
Failure to preserve the final penalty of death in the United States of America would be a blunder because of the probability that its finality has deterred and will deter murder, thus saving innocent lives. Killers forfeited their right to continue living when they took the most basic right of life from another. We should reform our courts, placing more responsibility on judges to pursue more evenhanded verdicts. Whether you support the death penalty or not, if some are unsatisfied with the escape of a criminal from death, then there is still work to be done in providing adequate and fair punishment. It is impossible to achieve absolute perfection in our justice system, but when it is the goal improvement is unavoidable.
Randa, Laura E. “Society’s Final Solution: A History and Discussion of the Death Penalty.” (1997). Rpt.in History of the Death Penalty. Ed. Michael H. Reggio. University Press of America, Inc., 1997. 1-6 Print.
In his essay, Continuing the Search for Kinder Executions, published in The New York Times2003, Mark Essig gradually reveals his opinions on the brutality of capital punishment. Even though prisoners may have committed acts that can be classified as wrong with the law, Essig believes that they should not endure any sufferance during capital punishment because it is inhumane. This action does not mean they will be able to get away with the crimes; they should just not be able to be brutally punished. While the author acknowledges logical arguments that favor capital punishment, he counters with carefully worded emotionally laded examples that oppose the practice of executing felons because he is against cruel punishments.
(Baude, 21). This quote provides details of why the finality in the decisions regarding death may not accurately represent the justice the accused deserves. It augments the ultimate overarching point made by Scheck and Rust-Tierney that we should not determine death. Despite the strong points made throughout the debate, there were key issues that Schneck and Rust-Tierney adequately refuted. The first was their failure when they lacked a counter to Scheidegger’s point on how inmates are often treated in the facilities themselves.
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.
Edward I. Koch uses his essay “The Death Penalty: Can It Ever Be Justified?” to defend capital punishment. He believes that justice for murderous crimes is essential for the success of the nation. The possibility of error is of no concern to Koch and if would-be murderers can be deterred from committing these heinous crimes, he feels the value of human life will be boosted and murder rates will consequently plummet (475-479). Koch makes a valiant effort to express these views, yet research contradicts his claims and a real look at his idea of justice must be considered in order to create a fair nation for all.
Since the early settlers first stepped foot on what is now the United States of America, capital punishment has been reserved as a form of punishment for the people who have committed some of society’s most heinous crimes. Recently, support of capital punishment has begun to erode due to the advancements of DNA technology and groups, such as the Innocence Project. Capital punishment, however, remains to be an appropriate form of punishment for someone convicted of capital crimes, and may be effective in deterring such offenses.
... or appointed to their positions because of our supposed confidence in their impartial views when it comes to dispensing justice. However, the trend in the past few years has been for legislatures to minimize the discretion given to judges at sentencing, partly in an attempt to treat similar defendants more similarly and to avoid the effect of rogue judges. These policies have effectively taken some of the important discretion away from the very people who are supposed to be the most intimately involved in our due process. Legislators are too far removed from this process to be mandating broad strokes of punishment without considering each and every case on its merits. If we want to improve our criminal justice system and develop a long-term strategy for addressing the overcrowding in our prisons, then both "3 Strikes Laws" and Mandatory Minimums must be changed.
There are wide and divergent opinions on the United States’ Supreme Court decisions on capital punishment. While proponents of capital punishment allege that it can be applied as with the existence of sufficient due process, others contend that human life is irreplaceable and that “every person has the right to have their life respected” (Oppenheim, “Capital Punishment in the United States”). While capital punishment has phased in and out of the United States’ criminal justice system in the past few decades, current trends seem to fall out of favor with the death penalty. As Snell indicates, by yearend of 2011, there were 3,082 inmates held across 35 states and the Federal Bureau of Prisons under the death sentence, where 9 states executed 43 inmates in both 2011 and 2012 (“Capital Punishment, 2011 – Statistical Tables”). In order to gain a deeper understanding and enhanced projection of the death penalty development, it is prudent to first examining historical accounts of cases that have been decided in favor or against the capital punishment in the United States.
In the year 2008 a study was administered by Professor Michael Radelet and Traci Lacock by the University of Colorado questioning if the death penalty acted as a deterrent to criminals. The study established that 80% of the world’s criminologist believe that the death penalty
Hopefully I’ve made the point that the death penalty is useless except for delivering some sort of closure to a victims’ loved ones, through this type of closure is morally wrong, and can be achieved through life imprisonment of the murderer. And because capital punishment is not an effective deterrent, because life imprisonment is a better option, and because the innocent wouldn’t have to die; capital punishment should be abolished.
The death penalty continues to be an issue of controversy and is an issue that will be debated in the United States for many years to come. According to Hugo A. Bedau, the writer of “The Death Penalty in America”, capital punishment is the lawful infliction of the death penalty. The death penalty has been used since ancient times for a variety of offenses. The Bible says that death should be done to anyone who commits murder, larceny, rapes, and burglary. It appears that public debate on the death penalty has changed over the years and is still changing, but there are still some out there who are for the death penalty and will continue to believe that it’s a good punishment. I always hear a lot of people say “an eye for an eye.” Most people feel strongly that if a criminal took the life of another, their’s should be taken away as well, and I don’t see how the death penalty could deter anyone from committing crimes if your going to do the crime then at that moment your not thinking about being on death role. I don’t think they should be put to death they should just sit in a cell for the rest of their life and think about how they destroy other families. A change in views and attitudes about the death penalty are likely attributed to results from social science research. The changes suggest a gradual movement toward the eventual abolition of capital punishment in America (Radelet and Borg, 2000).
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.
Bedau, H. A. (2004). Killing as Punishment:Reflections on the Death Penalty in America. York, Pennsylvania. Maple Press. Northeastern University Press. Print
“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.
The origin of the word prison comes from the Latin word to seize. It is fair to say that the traditionally use of prison correspond well with the origin of the word; as traditionally prison was a place for holding people whilst they were awaiting trail. Now, centuries on and prisons today is used as a very popular, and severe form of punishment offered to those that have been convicted. With the exception however, of the death penalty and corporal punishment that still takes place in some countries. Being that Prison is a very popular form of punishment used in today's society to tackle crime and punish offenders, this essay will then be examining whether prison works, by drawing on relevant sociological factors. Furthermore, it will be looking at whether punishment could be re-imagined, and if so, what would it entail?