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death sentence methods in america
capital punishment united states
Theories of ethical dilemma
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Retaliation and punishment are some of the core themes involved in researching acts of violence among ancient cultures. In these cultures the killing of a family member by an individual may result in either the killing of the original murderer or the killing of one of their family members in retaliation. Often, this is deemed as a justified reaction. Even today the punishing of someone due to wrongdoing is often believed to be justified. The existence of the death penalty in the United States is proof of such a mentality. Fiery Cushman a psychologist interested in comprehending the cognitive processes that lead to the development and creation of moral judgments believes that such a mentality is weak minded. Research by Cushman shows that he rejects the idea that such a mentality is correct and that the punishment of someone for acting wrongly should not be seen as justifiable. Cushman’s research compares belief, desire, causation, and consequence in identifying moral choices. Cushman’s research also seemed to conclude that choices and decisions on the wrongfulness of action tended to rely on the mental states of the individual. Yet, judgments of punishment tended to rely on painful consequence. Cushman’s overall conclusion based on the results of his research was that punishment due to wrongdoing should not be justified.
Cushman uses a number of examples that involve the human thought processes in his study. He determines that the choices made by humans often depends on how they feel about a certain actions. Cushman identified a specific area in the human mind where people’s decisions differentiate between non-action and action. Cushman believes that the mind does observe that there may be similarities between wrongdoings. Yet, t...
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...ways justified. That decisions about the kind of punishment differs according to the outcome of the wrongdoing activity. If the wrongdoing does not end up being harmful then no punishment might be the accepted chosen judgment. Cushman even goes as far as claiming that rewards and reciprocation may be better suited for society over that of punishment. Through analyzing his research it can be seen that Cushman has relevant points on punishment that are more than adequate for discussion.
Works Cited
Cushman, F. The Role of Learning in Punishment, Prosociality, and Human
Uniqueness. In Kim Sterelny, Richard Joyce, Brett Calcott & Ben Fraser (eds.), (2013): 1-21. Print. Cooperation and its Evolution. MIT Press
Cushman, F. "Crime and Punishment: Distinguishing the Roles of Causal and
Intentional Analyses in Moral Judgment." Cognition 108.2 (2008): 353-80. Print.
Deterrence theorists view murder as rational behavior, and assume that in calculating the gains and losses from killing, potential offenders are aware of the death penalty and regard it as a more severe sanction than imprisonment. Because the threat of one's own death presumably outweighs the rewards gained from killing another, murder is not an option for most people and always discouraged. In addition, some noted proponents assert that capital punishment provides an important educative function in society by validating the sanctity of human life (Berns, 1979; van den Haag, 1975; van den Haag & Conrad, 1983). Despite this logic, some challenge the applicability of deterrence to murder. Rather than being a product of deliberation and calculation, it is known that most murders are emotionally charged and their crimes are spontaneous events; they are "acts of passion" or result from a situated transaction rather than from deliberation (Bowers & Pierce, 1980; Chambliss, 1967; Luckenbill, 1977). Indeed, a significant proportion of homicides may not be intended. The situation escapes calm discussion, or due to some extraneous factor, an assault victim dies. Under such conditions, it is unlikely that perpetrators ("killers") give serious thought to whether they reside in a death penalty jurisdiction, or the possibility of execution.
The death penalty has been around since the beginning of time as a means of punishing criminals, undisputed until the last century or so in terms of whether or not it is an ethical practice. The proponents for the death penalty offer up its ability to deter crime as their main reason for supporting it, their view supported by a functionalist sociological view in that using the death penalty, enough fear will be generated that people will refrain from committing the types of crime that the death penalty is applicable to (Schaefer, 2009). Another reason for favoring it are of an emotional nature; if a person commits a crime of a particularly horrible nature, many may feel that they deserve the death penalty, feeling that “an eye for an eye” is befitting for such a case (Jillette, Teller, & Price, 2006). It should be asked though, is emotional response and a theory of deterrence enough to justify the use of the death penalty? In this paper, I will answer that question and others.
According to the Bureau of Justice Statistics, in the year 1980 we had approximately 501,900 persons incarcerated across the United States. By the year 2000, that figure has jumped to over 2,014,000 prisoners. The current level of incarceration represents the continuation of a 25-year escalation of the nation's prison and jail population beginning in 1973. Currently the U.S. rate of 672 per 100,000 is second only to Russia, and represents a level of incarceration that is 6-10 times that of most industrialized nations. The rise in prison population in recent years is particularly remarkable given that crime rates have been falling nationally since 1992. With less crime, one might assume that fewer people would be sentenced to prison. This trend has been overridden by the increasing impact of lengthy mandatory sentencing policies.
The theory of punishment as a whole is worth investigating as well. My largest argument against the theory of punishment is that it is not a fair or just operation. The concept of punishment is a way to intentionally harm people. This is not a just way of making a case right, or making a victim heal from any crime they may have been a part of. The victim is not compensated for the damage or harm caused to them. Punishment, in the retributive theory will really only do good in that it deters people from committing crime because they are scared of the punishment- but this simply does not work as well as it should. The restitution theory does not address the issue of who is entitled to cause harm to others, or punish said criminals.
In this paper I will argue for the moral permissibility of the death penalty and I am fairly confident that when the case for capital punishment is made properly, its appeal to logic and morality is compelling. The practice of the death penalty is no longer as wide-spread as it used to be throughout the world; in fact, though the death penalty was nearly universal in past societies, only 71 countries world-wide still officially permit the death penalty (www.infoplease.com); the U.S. being among them. Since colonial times, executions have taken place in America, making them a part of its history and tradition. Given the pervasiveness of the death penalty in the past, why do so few countries use the death penalty, and why are there American states that no longer sanction its use? Is there a moral wrong involved in the taking of a criminal’s life? Of course the usual arguments will be brought up, but beyond the primary discourse most people do not go deeper than their “gut feeling” or personal convictions. When you hear about how a family was ruthlessly slaughtered by a psychopathic serial killer most minds instantly feel that this man should be punished, but to what extent? Would it be just to put this person to death?
Justice is part of revenge; as also for revenge is part of justice. “Justice” comes from a Latin word that means “straight, fair, equal”, it’s the quality of being righteous and loyal towards one’s state, although serves the interests of the stronger (Hourani, 1962), while revenge is the act of taking retaliation for injuries or wrongs. What ever the circumstances are being the individual who experiences a unjust act, results in the hunt for one of these two things: Justice or revenge. What are the key differences between the two? Justice can be defined as the concept of moral rightness, which is based on the rules of law, fairness, ethics, and equality among the governed citizens. Revenge, on the other hand, refers to an action taken by an individual as a response to an act of injustice. The principle of revenge is “an eye for an eye”…. Can revenge be justified and be as equally part of justice if they both seek retribution for a wrongdoing?
Feinburg (1994, cited in: Easton, 2012: 4) says that punishment is “a symbolic way of getting back at the criminal, of expressing a kind of vindictive resentment”. When punishing an offender there are two key principles that determine the kind of punishment. These are the Retributivism response and the Reductivist response. The first principle, Retributivism, focuses on punishing the offence using 'denunciation' where they denounce the crime that has been committed so society knows they have done wrong, and it also uses 'just deserts' where the equity 'eye for an eye' is the main idea. The second principle, Reductivism, believes that deterrence, incapacitation and rehabilitation is the best strategy to use to punish, its aim is to reduce crime and use punishment to serve a purpose. This essay will look closer and outline the purpose of just deserts and deterrence as punishment in society, although these punishments are used widely across most crimes, this essay will look specifically at prolific offenders.
Regarding the justification of punishment philosophers are not of the same opinion. According to the utilitarian moral thinkers punishment can be justified solely by its consequences. That is to say, according to the utilitarian account of punishment 'A ought to be punished' means that A has done an act harmful to people and it needs to be prevented by punishment or the threat of it. So, it will be useful to punish A. Deontologists like Mabbott, Ewing and Hawkins, on the other hand, believe that punishment is justifiable purely on retributive grounds. That is to say, according to them, only the past fact that a man has committed a crime is sufficient enough to justify the punishment inflicted on him. But D.D. Raphael is found to reconcile between the two opposite views. According to him, a punishment is justified when it is both useful and deserved.
Retribution – is a correctional aim which is to hold a person who has committed a crime accountable for committing a crime against another or society in the form of punishment. (Stojkovic and Lovell 2013) What we look at in retribution is when someone is punished there is legitimacy in the punishment of a particular crime that was committed. Some of the pros of retribution are retribution can make a person or society feel safer or a feeling of justice being served when a person is punished for the crime they committed. The con of retribution is during court proceedings the prosecution and the offender’s lawyer may come to a plea agreement which could give the offender a lesser sentence than what he or she would have gotten originally. (Stojkovic and Lovell 2013)
Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.
The criminal justice system is the system of law enforcement that takes an extensive position in prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offenses. It is essential to know the many theories of punishment that the justice system has created in their minds that eventually became a part of society. This paper will analyze the theoretical explanations of punishment and their effect on society by generating an opinion of how each type of punishment deters crime the best and if punishment provides any benefit to the offenders and to society.
People can be motivated to take revenge on others for various reasons. While these reasons may be considered as very serious or rather trivial, they are all motives for revenge. Revenge occurs when a person has been offended or angered by an individual and in result they have the desire to pay them back. People’s opinions on revenge differ from each other, some may believe it is justified and some don’t. Mahatma Ghandi believed that revenge is not the answer and he stated that “An eye for an eye makes the whole world blind”. This quote portrays the opinion that if everyone gets even then there will be no one else; if we all take an eye for an eye everyone would be blind. Revenge can be learnt through real life experiences as well as fiction and can be shown as justice or unacceptable. It becomes difficult to determine when revenge can be justified but is revenge always worth it?
Ethics and morality are the founding reasons for both supporting and opposing the death penalty, leading to the highly contentious nature of the debate. When heinous crimes are com...
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.
they? - do two wrongs make a right?) but why is it so important that