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Theories Of Restorative Justice
Ethical issue of capital punishment
Ethical issue of capital punishment
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Recommended: Theories Of Restorative Justice
Punishment can be described as the deliberate infliction of suffering on a supposed or actual offender for an offense committed against the law. Mandatory sentencing, life imprisonment or death penalty are types of punishment. Death penalty today, is as controversial as it was many decades ago. The view on death penalty is mixed with opinions. The death penalty debate centers around whether executing criminals is ever a morally defensible form of punishment. The most popular and common argument in favor of death penalty, would be that a person who commits the murder forfeits another person’s right to life, why should he/she still have the right to life if he deprived someone else’s right? The argument seems fair and especially to the family …show more content…
Punishment is intended to achieve some objectives which serve to justify the suffering inflicted on the offender. The main aims are retribution, incapacitation, deterrent and reform/restorative. The above aims of punishment except reform, have been used as rationale for the death penalty, particularly with murders. It is eye for eye retribution, it is incapacitation in the most extreme possible way since executed murderers can never repeat their crimes, executing murderers is also a deterrent to other would-be murderers. However, it remains to be seen whether any of these are good justifications for the death …show more content…
When it comes to death penalty as a form of punishment, can we ever eliminate the risk of executing the innocent? I believe, restorative justice (RJ) provides a better, more morally acceptable alternatives at resolving this ethical dilemma. Restorative justice is gradually becoming a widely acceptable alternative to capital punishment in many jurisdictions. It is centrally concerned with the reintegration of victims and offenders, involving apology, behavioral change, restitution and generosity. According to Daly, (2002), “fully restorative practices occur at the intersection of the three circles of 'victim reparation ', 'offender responsibility ', and 'communities of care reconciliation '
Mandatory sentencing refers to the practice of parliament setting a fixed penalty for the commission of a criminal offence. Mandatory sentencing was mainly introduced in Australia to: prevent crime, to incapacitate the offenders, to deter offenders so they don’t offend again, to create a stronger retribution and to eliminate inconsistency. There is a firm belief that the imposition of Mandatory sentencing for an offence will have a deterrent effect on the individual and will send a forcible message to the offenders. Those in favour argue that it will bring consistency in sentencing and conciliate public concern about crime and punishment.
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. Above all else, capital punishment should be morally justified in extreme situations because it has a deterrent effect. Many criminals seem to be threatened more by the thought of death rather than a long-term prison sentence.
This paper will examine the pros and cons of the death penalty. Is it a deterrent or is that a myth. Does it give the family of the victim peace or does it cause them to suffer waiting for appeal after appeal. What are the forms of execution and any evidence of them being cruel and usual punishment. Is the death penalty fair if there are glaring, disparities in sentencing depending on geographic location and the color of the offender and victim’s skin?
Death penalty has always been a topic of controversy. Interchangeably known as capital punishment, death penalty legalizes the authorization to sentence the execution of a criminal. Controversy that rise from death penalty involve the notion of ethics and epistemology. Many people questions whether it is morally right to take another person’s life, tieing into the 8th amendment that prohibits people from suffering from a certain type of punishment. Another factor is that what exactly determines whether a person deserves execution or not. The justice system has the legal dilemma of properly determining to what extent of a crime committed is reprehensible enough to face death or if it is not as grave and more suitable with merely a life sentence.
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.
Instead of focusing on crime prevention, restoration focuses on repairing the harm done to the victim and the community. Along with restoring property and personal injuries, restoration is meant to bring back some kind of security. Legislators and victims want to know that justice has been done. Van Ness and Strong (1997: 8-9) suggested three core principles for the nature of restorative justice. First, Justice requires the healing of victims, offenders, and communities injured by the crime. Also, they should be permitted to stay involved in the justice process in a timely manner. Lastly, the government should be responsible for preserving a just order and the community should be responsible for establishing peace. The victims family in a murder case can have a since of relief when the offender is sentenced to the death penalty. They can know that justice has been done and will have a sense of security knowing the offender cannot harm anyone else again. The family can now mourn over there loss more
Proponents of capital punishment believe that killing criminals is a moral and ethical way of punishing them. They feel there is justification in taking the life of a certain criminal, when in fact that justification is nothing more than revenge. They also feel that the death penalty deters crime, although there have been no conclusive studies confirming that viewpoint (Bedau).
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
Eliminating the death penalty as a method of punishment will only allow criminals to wreak havoc and chaotic in our community without the fear of death. When a person commits a crime, they are disrupting the order in the community. Justice help restore the disruption of that order. The Death penalty restore social order and give the states authority to maximized retribution for the victims. When the state does not have the authority to maximum retribution, the public may put the law in their own hands. Although, execution may be cruel and inhumane, it is nothing compared to the fate of many victims in the hand of the murderers. The purpose of the death penalty is to provide retribution for the victims and their families. However, retribution is not revenge. “Vengeance signifies inflicting harm on the offender out of anger because of what he has done. Retribution is the rationally supported theory that the criminal deserves a punishment fitting the gravity of his crime” (Pojman, 2004).
Restorative justice is defined as “using humanistic, no punitive strategies to right wrongs and restore social harmony” (Siegel, 2008, p. 189). Instead of imposing harsh penalties on offenders like long prison sentences or even the death penalty, restorative justice calls for a more rehabilitative approach, such as reconciliation and offender assistance.
Capital punishment, or death penalty, is one of the most controversial topics in the United States for a long time. Death penalty is when a criminal is put to death for committing crimes such as murder. Regarding this type of punishment, while there are many supporters who believe that the death penalty should be legalized throughout the nation, there is also a large number of people who against it. While Ernest van den Hagg believes that death penalty is a form of retributive justice that is needed to maintain the legal order by punishing the one who deserves to be punished, on the other hand, Hugo Adam Bedau believes that the purposes of death penalty are to be valued in term of utilitarianism, or giving positive consequences to the society.
Agreeing on a definition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby all the parties that have a stake in a specific offence collectively resolve on how to deal with the aftermath. This process is largely focused around reparation, reintegration and participation of victims. That is to say, it is a victim-centred approach to criminal justice, and it perceives crime differently than the adversarial system of justice.
As the purpose of restorative justice is to mend the very relationship between the victim, offender, and society, communities that embrace restorative justice foster an awareness on how the act has harmed others. Braithwaite (1989) notes that by rejecting only the criminal act and not the offender, restorative justice allows for a closer empathetic relationship between the offender, victims, and community. By acknowledging the intrinsic worth of the offender and their ability to contribute back to the community, restorative justice shows how all individuals are capable of being useful despite criminal acts previous. This encourages offenders to safely reintegrate into society, as they are encouraged to rejoin and find rapport with the community through their emotions and
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
The death penalty is mainly known by capital punishment. It is a legal process whereby a person is put to death by the state as a punishment for a crime. The judicial degree that someone be punished in this manner is a death sentence. The actual process of killing someone is an execution. Capital punishment has in the past been practiced by most societies. Currently fifty eight nations actively practice it and ninety seven countries have abolished it. Capital punishment is a matter of active controversy in various countries and states. Positions can vary within single political ideology or cultural region. I am for the death penalty. With the death penalty it allows there to be equal punishment among criminals, and it brings about peace of mind to everyone.