...Outline the moral arguments against capital punishment. 1. The death penalty has been distributed in a discriminatory manner because African American or poorer defendants are more likely to be executed than equally guilty others, especially when the victim is white (Russell 1998: 134). 2. Miscarriages of justice occur and the innocent are executed. The American Bar Association (ABA) has urged the appointment of experienced, competent, and adequately compensated trial counsel for death penalty cases and has lobbied for the adoption of its Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases. Clearly, the ABA believes that standard professional qualifications are insufficient for capital cases. 3. The death penalty expresses a desire for vengeance—a motive too volatile and indifferent to the concept of justice to be maintained in a civilized society. The notion that revenge can stand as a motive for official policy on punishment is entirely inconsistent with a rational system of justice conducted by the state on behalf of society (Bedau 1999: 50). 4. Capital punishment is considered to be degrading to human dignity and inconsistent with the principle of the sanctity of life. The argument is that human life, having infinite value, should be respected and protected and that even murderers’...
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...times most governments have punished a wide variety of crimes by death and have conducted executions as a routine part of the administration of criminal law. The Age of Enlightenment was the first significant movement to abolish the death penalty. Britain was very influential in America’s use of the death penalty. The European settlers that came to the new world are the one’s that brought the practice of capital punishment, death penalty. The first execution was recorded in the Jamestown Colony of Virginia in 1608. The Divine, Moral, and Martial Laws were enacted in 1612 by the Governor of Virginia, Sir Thomas Dale. The death penalty was established for minor offenses such as killing chickens, stealing grapes, and trading with Indians. It was Cesare Beccaria’s 1767 essay, On Crimes and Punishment that caused policy makers to have a different view of the death penalty. Becarria theorized that there wasn’t any justification for the state’s to take the life of a human being. The essay led to Tuscany and Austria abolishing their policy of the death penalty as a punishment for the crimes that were committed. It also gave an authoritative voice and renewed...
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...Pros and Cons of Capital Punishment Capital punishment is a topic that anyone can count on to stir emotional discussions with plenty of opinions. In the world today, people commit horrific crimes daily. There are many who feel that those who carry out these terrible crimes deserve one fate: death. Capital punishment is used in reference to the death penalty that is issued in a judicial manner to execute those found guilty of a capital or hard offense. This according to our text is called legal punishment. Legal punishment is defined as the state-authorized imposition of some form of deprivation-of liberty, resources, or even life-upon a person justly convicted of a violation of the criminal law. (Stohr, pg 3) In this review of the pros and cons of the death penalty we will examine some different aspects of the process and allow the reader to form their own opinion. History The death penalty can be traced back a long time throughout history. The first established death penalty laws date back to the Eighteenth Century B.C. In the code of King Hammaurabi of Babylon, which gave the death penalty for 25 different crimes. This code expressed the well-known concept of lex talionis (the law of equal retaliation), which is further enunciated in the Mosaic code, the ancient law of the Hebrews, as “an eye for an eye; a tooth for a tooth.” (Stohr, pg. 3) During the 18th century, many philosophers like Cesare Beccaria and Jeremy Bentham wrote influential writings on prison...
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...In light of this, it can be subjected to criticism, however considering the knowledge and experience of those interviewed we can give merit to the study on the grounds of scholarly stature. The study provides an important history of the deterrent argument, through which the reader is able to see how scholarly opinion has been changed and refuted over time and has arrived at the current unanimity the authors provide. Of particular value in this regard, is that the authors not only provide a timeline of death penalty research, but also include their own previous findings. The current study being a repetition of Radelet and Akers' initial study, and drawing the same conclusions, strengthens the conviction that the death penalty lacks deterrent capacity. Radelet and Lacock's findings are particularly important because deterrence is often argued as the pinnacle justification for the death penalty, their research opposing this stance. Their conclusions are especially useful as the authors label...
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...A Catharsis for All Henry Louis Mencken’s essay, entitled "The Penalty of Death," is a persuasive essay about the death penalty. The author does not attempt to alter the reader’s opinion as to the merits of the death penalty. He attempts to answer two questions most commonly heard in his day. First, executing a person is a terrible business and it “degrades” (Mencken) those whom-ever choose to administer this style of justice as a profession. He addresses this first question by simply agreeing with it. Most people would agree that the prospect of being the hangman is a vocation that would be most unpleasant. He points out that although it may be unpleasant, it is still necessary for society to support such a profession. The second question he addresses is to those that view capital punishment as a useless deterrent to crime. The author contends that those who wish to abolish the death sentence are in error if their assumption is founded solely upon the mistaken belief that the “whole purpose” of punishing a criminal is to deter some potential future crime. Mencken believes that they are “confusing [a] part with the whole” (Mencken). The future deterrent is only a part of the “whole purpose” of punishing a criminal. There are many more reasons to list: like revenge, justice, or relief just to name a few. Mencken's primary purpose is to identify the motive for this type of punishment. He identifies this motive as a catharsis, and he describes it as a "healthy letting out of...
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...Europe can achieve – is this the way forward? * Do the various ages of consent need to be reviewed for the young people in this country? * How old is “too old” for parenthood? * Have improvements in contraception brought about liberation or a passport to promiscuity? * Has genetic engineering gone too far? * Cloning - a tremendous medical advance or an ominous development? * Should animal organs be used for human transplantation? * Should doctors have the right to refuse expensive treatment to patients who will not change their habits (eg lose weight, stop smoking, stop drinking)? * Should there be a minimum BMI for models? * Has cosmetic surgery become too readily available? * Should Britain bring back capital punishment? * Is marriage an outdated institution? * Social Networking sites should be controlled by the government. Discuss. * Should people be allowed to express their faith through the clothes they...
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...her country to speak against capital punishment – the Death Penalty. On these talks, she discusses her experiences of being a spiritual advisor to inmates sentenced to death row, and explains what it really means to accompany men to their death, meeting the family of a man doomed to die by the state as well as the families of the victims. She’s a fervent critic of politicians and the legal system, discussing how and when the court system works and when it doesn’t. She also speaks on and of forgiveness. She also writes about her beliefs, latest is a book “the Death of Innocents: An Eyewitness Account of Wrongful Executions” that came out in 2004. It is a book that delves into her experience of witnessing two men that she believes were wrongfully executed, revealing evidence that the juries did not see. It is the second book after her famous novel “Dead Man Walking”, that was adapted into a hit film by the same name, telling the story of Sister Prejean as she establishes a special relationship with Matthew Poncelet, an inmate on death row. While each story might be of slightly different dynamics and different characters, the message remains that before you make up your mind about the death penalty, learn all that you can about it. She believes that many of the people who are for the death penalty may have never actually reflected on it. In this paper, I will analyze Sister Prejean’s argument against the death penalty as chronicled in her books and essays, and provide a personal response...
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...The death penalty has been used as a punishment of execution throughout long periods of time. Through those periods, the penalty has now become a necessary part of the society and government system, as an imperative way to prevent dangerous crimes. Yet subsequently, society has become to question this deterrent, regarding humanistic ideas and its certainty. Much inquiry and debate arise from the thought of executing a person due to crime. This controversy created a worldwide dispute regarding the laws of this penalty. Nations like China, Iran, North Korea, Yemen, and the US are still using this deterrent. Whereas nations like France, Germany, Mexico, Canada, United Kingdom, and New Zealand have completely abolished the death penalty. However, there are still many other nations with this legislation and thus; this essay will prove to show why this capital punishment should be abolished and no longer used....
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...Conflicting Viewpoints Essay Andrea Counts Professor Lincoln Schreiber Critical Thinking May 3, 2015 Capital punishment, or the death penalty, is the punishment for a crime by death ("legal definition of capital punishment," n.d.). It is usually administered via the use of lethal injection for heinous crimes such as murder and other serial offenses. I am a defendant of capital punishment for several different reasons, which are detailed in this assignment. One of the main premises that support my position as a defendant of the death penalty is the separation of church and state ("Should the death penalty be allowed?" n.d.). Many opponents of the death penalty contend that it is an immoral act, as it essentially murder and that murder is inherently wrong. This viewpoint is flawed due to the fact that the United States is a country that believes in separation of church and state. Murder is a sin in many religions, but religion cannot play a role in how punishment for crime is carried out, nor is there anything in the constitution asserting that the death penalty as a form of punishment is against any civil liberties afforded to the citizens of this country. The death penalty is reserved for and carried out on the worst of the worst ("Should the death penalty be allowed?" n.d.). I agree with this premise and it goes back to my original statement in which I said the death penalty is used as punishment for those who have committed heinous crimes. There are those who...
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...Capital Punishment; Revenge or Desert? A Study of Capital Punishment And the Moral Dilemmas it Presents MODR 1760 Professor Dr. Jason C. Robinson March 31, 2014 Capital punishment is the legal process whereby a person is put to death by the state, as a means of punishment for having committed a capital crime. In this essay, I will discuss some of the main advantages and disadvantages of capital punishment and whether capital punishment is a morally and ethically viable approach to punishment. I hold a firmly retentionist position and believe that the most just and fitting punishment for one who has committed a capital offence would be the death penalty. I will support my position with statistics showing that capital punishment has successfully been used to deter people from committing capital crimes. As well, I will discuss various philosophies regarding the morals of execution and punishment in general. My goal in writing this paper is not to force abolitionist thinkers to change their position with regards to capital punishment, but rather to show abolitionist thinkers that there is another way to look at capital punishment. Two of the main principles that are used to support the retentionist philosophy are deterrence and retributivism. Deterrence is the theory that the death penalty is morally just because it will deter would-be murderers from committing capital crimes, which carry a sentence of execution. Retributivism is the idea that criminals should be punished...
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...Abstract The essay outlines the arguments for abolishing the death penalty, also including any counter arguments that can be used for a use of the death penalty. The arguments made in this essay for death-penalty abolition are its devaluation of human life, eliminating of the possibility for revenge, its violation of human rights, as well as including the view of religious groups. This essay argues that all of these arguments address that human life cannot be taken away from a person, even if the person is a murder, simply because then the society is not being better than the murder him- or herself. I have investigated many research and scientific studies in order to back up my arguments as best as possible. Furthermore I have also investigated into the methods of death penalty, such as lethal injection. This essay views practice of capital punishment as an expression of anxiety about safety, in particular it counteracts the argument that death penalty would deter any future crime, and terrorist attacks. I also looked up numbers in order to show how costly death penalty is, in order to emphasize that there are more cheaper and less inhumane methods to sentence a murder. I also draw attention to countries that use death penalty as a way to eliminate any enemies, using it as a political weapon to silence any troublesome individuals. I suggest that every life is valuable, and that death penalty does not consider the risk of killing an innocent person, but rather emphasize that...
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...Essay about Gustav Dorés picture US’ sentences and capital punishments The picture is called ‘Exercise Yard’, and is made by Gustav Doré in 1872. The picture illustrates a flock of prisoners walking around in a circle at Newgate Prison in London. In the time the picture was made, London also had capital punishment and rough prison sentences. In the US some states still have capital punishment - for example California, Texas, Tennessee and Florida etc. Many states have abolished it, but it still exists, especially in the US. Capital punishment is in debate and discussion all over the world, and it has always been a taboo as everyone knows they are going to die someday, but apart from that we do not know anything about death, and many people fear it. Capital punishment was repealed in 1972 because of an innocent man who were charged with death penalty for a murder he did not commit. Four years later in 1976 capital punishment got re-established and today in year 2016 the US still has it. As I said before there are many different opinions and arguments for and against capital punishment – so it is basically impossible to define whether it is wrong or right. Some people believe that death penalty is a good punishment to have in society. These people believe that if you do something horrible, for example kills a significant or major person, you are not suitable for the society and you have to “kick the bucket” and evaporate from the surrounding world. It is not only political...
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...I found Murphy’s essay on Christianity and punishment to be very interesting. It was surprising that most Christians stand in favor of capital punishment. With this idea, Murphey claimed that the act of capital punishment is not Christian. However, those who stand in support of this punishment tend to have radical explanations as to why it is okay. For example, Murphy referenced a quote from Dennis Prager who had a resource in which it completely addressed the Christian value of “thou shalt not kill” and said that as long as the person who is put to death broke the law and the only just thing to do was to use the death penalty then it is okay. Another individual who provided support that the death penalty is okay was Augustine. The difference...
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...Dear Ms. Horniman, I am writing to strongly disagree with the sentiments expressed by Jeff Jacoby surrounding capital punishment detailed in a recent Guardian title. Specifically, I believe that the article, Execution saves innocents…, contains a number of biased information, as well as some of his arguments are ridiculous at times, making no sense at all. These arguments include the chance of error being very low in capital punishment, the deterrent effect and the innocent lives at stake. In this essay, I will justify my points and make clear meanings of these arguments. Firstly, I want to talk about the chance of error being low, in his article he states that “of the 875 people executed…not one of them has been retroactively proven innocent”. This clearly implies that the whole process is perfect when it comes to sentencing murderers to death, and not even one thing can go wrong in this. With all that perfection, it also gets us to a point that at the same time how accurate this is and also giving a think to the level of crime rate in the United States. However, I believe that there might be something wrong with this process of counting of the people who have an execution. What if out ‘of the 875 people executed’ 15 or even maybe 20% of them might have been innocent. Maybe they were only put in because someone might have put the blame on them. The chance of error being very low is a biased thought, as it is coming from Governor Mitt Romney himself. If some research had been...
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...Capital Punishment Many distinctive doctrines in criminal law originated in efforts to restrict the number of capital crimes and executions. For instance, in the late 18th century, when all murder in the United States was punishable by death, Pennsylvania pioneered in dividing murder into two categories. The state enacted laws that authorized punishment of first-degree murder by death, while second-degree murder was punishable by imprisonment only. Elsewhere, penal codes uniformly required death for certain serious crimes. In these jurisdictions, discretionary powers to commute death sentences gradually expanded. (A commutation substitutes a lesser penalty for a more severe one—for example, replacing execution with a life sentence.) Today in many nations, including Turkey and Japan, the death penalty remains legal but the number of executions has declined over time. Although many jurisdictions limited imposition of the death penalty, no government had formally abolished capital punishment until Michigan did so in 1846. Within 20 years Venezuela (1863) and Portugal (1867) had formally eliminated the practice as well. By the beginning of the 20th century the death sentence had been abolished in a handful of nations, such as Colombia, Costa Rica, Ecuador, Norway, and The Netherlands. Although not formally eliminated, it had fallen into disuse in many others, including Brazil, Cape Verde, Iceland, Monaco, and Panama. The defeat of the Axis powers provided a foundation...
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