...CAPITAL PUNISHMENT: SHOULD IT BE ABOLISHED? Capital Punishment: Meaning Punishment can be defined as suffering, loss, pain or penalty inflicted upon an individual by a legal authority, as a consequence of certain acts of commission and omission. Punishment has two aspects. First is ‘utilitarian’ in which punishment is used as a tool for increasing happiness of the society by pointing out to the criminal the wrongfulness of his crime as well presenting the punishment as a deterrent to both the criminal and the society for not repeating the crime. Second aspect is ‘retributive’ which serves as a consolation to the aggrieved or his kin that the criminal has been adequately punished. Capital punishment is the ultimate punishment in which life of a criminal is taken away by a legal authority under a process established by the law. International Scenario Although, UN “Universal Declaration of Human Rights” does not say anything explicitly about death penalty, Article 5 of the said declaration prohibits torture or cruel, inhuman or degrading treatment or punishment. Activists have been arguing that death penalty is cruel and inhuman and hence covered under this article. The Second Optional Protocol to the International Covenant on Civil and Political Rights, adopted by the UN General Assembly in 1989, provides for the total abolition of the death penalty except in times of war or imminent threat of war. Protocol No. 6 to the European Convention for the Protection of Human...
Words: 1471 - Pages: 6
...known as capital punishment, but whether it should be abolished or not . While some believe that the death penalty is “cruel and unusual punishment” violating the 8th amendment of the United States Constitution, others argue that “an eye for an eye” does justice. Thirty-four different states support this type of punishment including Oklahoma, leaving fifteen states that do not. According to Newport and the Gallup Polls, as of May 2007, “sixty-six percent of Americans -- almost the same percentage that supports the death penalty” consider the death penalty “morally acceptable.” Only twenty-seven percent of people believe the death penalty is morally wrong. Some say that the “legality in the United States is critically undermining American moral stature around the world (Ballaro & Cushman)." The death penalty is a very emotional, complex, and rather complicated matter that includes, but not limited to, the argument of the pros and cons as well as the fact that some convicted people whether executed or not are then later freed from guilt and blame (exonerated). There are many different pros of the death penalty, but I have chosen to only discuss a few of the most controversial topics. Supporters of death penalty believe that “[j]ustice is only achieved when a crime is met with the proper punishment (Pearce).” One issue that the pros argue for is the morality of the death penalty. Capital punishment is often demanded by the supporters that it is the sacredness of human life for...
Words: 1837 - Pages: 8
...Capital Punishment Against 1211733 SouJin Park 1215202 EunJeong Lee 1115526 SeoHyun Nam 0711726 JooHa Cha Table of Contents 1.0 Introduction 3 2.0 Different Aspects on Death Penalty 3 2.1.0 Political Aspect: Wrong Conviction 4 2.1.1 Torture Used to Innocents 4 2.1.2 Amateur Attorney 5 2.2.0 Economical Aspect: High Cost Of Death Row 5 2.2.1 Plea Bargaining 6 2.2.2 Motions 6 2.2.3 Court Time 7 2.2.4 Lawyer 7 2.2.5 Investigators and Expert Testimony 8 2.2.6 Opportunity Cost. 8 2.2.7 Cost-effectiveness. 9 2.3.0 Social Aspect # 2.3.1.0 Deterrent Effect # 2.3.1.1 Ineffectiveness # 2.3.1.2 Counteract as an Incitement # 2.3.1.3 Lack of Viability # 2.3.2 Discrimination # 2.3.2 Overcrowding Problems # 2.4.0 Ethical Aspect # 2.4.1.0 Human Rights # 2.4.1.1 The Universal Declaration # 2.4.1.2 The International Covenant on Civil and Political Rights # 2.4.2 Rights of Criminal’s Family # 2.4.3 The Pain of Capital Death # 3.0 Alternative Solutions # 3.1 Life Imprisonment # 3.2 Rehabilitation or Reformatories # 3.3.0 Cases of Sex Offenders # 3.3.1 Use of GPS Device # 3.3.2 Revelation of Identities # 3.3.3 Chemical Castration # Appendix # Reference # 1.0 Introduction On September 21, 2011, Alireza Molla-Soltani was hanged to death after stabbing Iran’s most well-known athlete. Alireza was only 17 years-old at the time he was executed. Hassiba Sahraoui, Amnesty International’s Deputy Director, quote...
Words: 4255 - Pages: 18
...PRO Capital punishment which is also known as the death penalty has become an increasingly controversial issue over many decades. Capital punishment is the pre-meditated and planned taking of a human life by a government in response to a crime committed by that legally convicted person. Capital punishment should be legalized in all states, because it is morally just and it will deter crime. The many opponents of capital punishment who are against it feel that the death penalty is not a deterrent and that it is a thing of the past. It has no place in a civilized society today. One of the biggest arguments against capital punishment is people feel that it violates the eighth amendment which forbids cruel and unusual punishment. People against Capital Punishment believe the death penalty is absurd and is in un-Christian practice. Further more, they feel society should not" encourage sentiments of revenge or cater to morbid interest in ritual execution." Criminologists also built a strong case that the threat of death failed to deter murder, anymore effectively than prison. Therefore, to inflict harm to one, it is simply useless. However, the punishment fits the crime therefore, it is morally just. Capital punishment is an expression of society's moral outrage at offensive conduct. This may be appealing to many but it is essential in an ordered society. It asks our citizens to rely on legal procedures rather than to self-help their wrongs doings. It is morally right to sentence...
Words: 898 - Pages: 4
...crimes are investigated, and investigators have evidence that prove who were involved, there are consequences for their actions. In some cases, there are crimes that involve consequences such as the death penalty. This consequence can be one of the severe punishments that are placed in our judicial system. There are many people that are for, as well as those are against the death penalty. In many cases, the death penalty has its benefits, as well as its flaws. Unfortunately the death penalty seems to cause problems that leaves many mulling over. In this case, it seems that the flaws of the death penalty needs reinstituted. History The death penalty laws were founded in the early 1800s. This punishment was implemented for 25 different crimes. However, the death penalty establishment goes back as the early Fourteenth Century. “The death penalty was also part of the Fourteenth Century B.C.'s Hittite Code; in the Seventh Century B.C.'s Draconian Code of Athens, which made death the only punishment for all crimes.” (Death Penalty Information Center, 2009). As the centuries progressed, the number of death penalty crimes increased. By the early 1700s, there were over 200 crimes which systematize the death penalty. “The number of capital crimes in Britain continued to rise throughout the next two centuries. By the 1700s, 222 crimes were punishable by death in Britain, including stealing, cutting down a tree, and robbing a rabbit warren.” (Death Penalty Information Center, 2009). Britain...
Words: 1947 - Pages: 8
...Current Event – Role of Special Interest Groups Paper AJS 552 Week 4 The Death Penalty - Public Safety vs. Individual Rights Introduction This paper will focus on the criminal justice system, public safety and civil rights in specific relation to the death penalty as a form of punishment and its effects on society. The execution of criminals and the effects on society are most intriguing and can be debated upon both for and against the issue give a thorough elaboration on criminal executions and the effects on society. In this day and age, research not only illustrates that the death penalty is complex, in more ways than one, but has also raised questions about its relations to deterring crime and the financial impact it has on society. Using current and historical information, such as articles and scholarly articles, to support why this research is important and possible methods society could use to help improve this controversial debate. Summary The Orange County register printed an article on the death penalty and possibly being considered as immoral. “While the commission drops the dime on the mind-numbing cost of administering the death penalty, it barely hints at the moral and ethical depravity of the practice” (Mears, 2008). The article states that there are racial and socioeconomic bias towards the death penalty and how this can and may lead to a cause for concern among citizens. This seems to initiate that in most cases the targets of race are African...
Words: 1072 - Pages: 5
...Is The Death Penalty Justified? Narisha T. Carr-Smalls PHI200: Mind and Machine Instructor: Elliott Crozat July 4, 2012 Is The Death Penalty Justified? How would we define Capital punishment? It is the death penalty. “Capital punishment is the execution of a person by the state as punishment for a crime. The word ‘capital’ comes from the Latin word ‘capitalis,’ which means ‘regarding the head.’ At one point and time capital crimes where punished by severing the head. Crimes that can result in the death penalty are known as capital crimes or capital offenses. Capital punishment has been used in societies throughout history as a way to punish crime and suppress political dissent. In most places that practice capital punishment today, the death penalty is reserved as punishment for premeditated murder, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery and sodomy, carry the death penalty, as do religious crimes such as apostasy (the formal renunciation of the State religion). In many retentions countries (Countries that use the death penalty), drug trafficking is also a capital offense. In China human trafficking and serious cases of corruption are also punished by the death penalty (Debatepedia, 2011).” Capital punishment was used throughout history and still used today for a variety of offenses. The death penalty was even utilized biblically for crimes such as murder, kidnapping, and even witchcraft...
Words: 2500 - Pages: 10
...Movement Abortion Acid rain SEE ALSO Pollution Acid Rain Acid Rain Adoption (interracial, unmarried persons, gays) Adoption; Gay parents; Interracial adoption Adoption AIDS AIDS (Disease); AIDS (Disease) in children AIDS (Disease); Pediatric AIDS (Disease) Alzheimer's disease Alzheimer's disease Alzheimer's disease Animal rights Animal experimentation; Animal rights Animal experimentation; Animal rights Anorexia and Bulimia SEE Eating disorders Athletes and drugs Doping in Sports Drugs and Athletes Banking Bailout (2008) Bailout Battered women SEE ALSO Wife Abuse Abused women Conjugal abuse Birth control Birth control; Contraception Birth control; Contraception Black Reparations Movement Reparations; Slavery--Law and legislation Reparations Body language Body language; Gesture; Nonverbal communication Nonverbal communication Bullying Bullying Bullying; Cyberbullying Business ethics Business ethics; Corporations - Corrupt practices Business ethics; Business enterprises, Corrupt practices Capital punishment (Death Penalty) Capital punishment; Death row Capital punishment Cancer Cancer--Prevention SEE ALSO types of cancer, such asBreast--Cancer Neoplasms--Prevention and Control;Cancer Treatment Censorship SEE ALSO Freedom of the Press Censorship; Prohibited books Censorship; USA Patriot Act 2001-US AND Civil liberties; Filtering software;Banned books Child abuse SEE ALSO...
Words: 1762 - Pages: 8
...penal jurisprudence in abolishing the capital punishment. This is to counter the plenary provisions of Article 5 of International Covenant on Civil and Political Rights, 1966 and its protocol in 1989 where the State parties believed that abolition of death penalty should be in the scale of enhancement of human dignity and progressive development of human rights and recalling Article 3 of Universal Declaration of Human Rights adopted on 10th December, 1948 as well as Article 21 of our Constitution.1 It can be judicially said “I don’t punish you for killing the man but so that the other cannot be killed.” That is, the chief aim of capital punishment is to make deterrent to others for same crime . Now this concept is having a new direction. The Supreme Court and High Courts in India interpret the cases before giving the death sentence as rarest of rare cases. The Court moves its eye also for other aspects of society. The landmark cases where death sentences were awarded in India are Ranga Billa case2, Indira Gandhi and Rajiv Gandhi Assassination case, Laxman Nayak case 3 and the lastly, it was awarded to Dhananjoy Chatterjee on 14th August, 2004 in connection with Hetal Parikh case of West Bengal after the Supreme Court affirmed the death sentence awarded by lower courts and President also refused to grant him pardon. In the year 2003, Government laid a bill in the Parliament which proposed to add a provision of the punishment, like death sentence in the Drugs...
Words: 13513 - Pages: 55
...electrocution, and hanging are the methods of death afforded for those who commit such heinous acts. However, does knowing the possible consequences of capital offenses deter individuals from committing the crimes? Did it make you stop and think? In the United States the death penalty is used as a punishment for capital offenses. These specifically can vary from state to state, but commonly include first-degree murder, murder with special circumstances, rape with additional bodily harm, and the federal crime of treason. (Facts) The goal of the death penalty then, is to deter these crimes from even taking place, to be so feared that offenders think twice about committing such horrible crimes. But does it? In the following paper, the above question will attempt to be answered by looking at the background of capital punishment and the death penalty, the ideas behind it, viable alternatives, and finally, the effectiveness of the death penalty at deterring crime. Early death penalty laws date back to the Eighteenth Century B.C.. The death penalty also had a heavy presence in the Fourteenth Century Hittite Code, the Seventh Century Draconian Code of Athens, and the Fifth Century Roman Law of the Twelve Tablets. (History, 1) Today, thirty-four states in the United States of America still practice the death penalty as a means of punishment for capital offenses and heinous crimes. The death penalty debate is one that Americans are no strangers to; it has been abolished and repealed numerous times...
Words: 1473 - Pages: 6
...Chewning ENG 101-301 13 December 2013 The Death Penalty: An Exaggerated Punishment Furman v. Jackson, a case ruled in the State of Georgia in 1972 really aroused concerns regarding the death penalty. Technically, William Henry Furman was found guilty of murder which was supposed to attract a death sentence. However, his death sentence was said to be “arbitrarily and capriciously “applied and therefore regarded a contradiction to the eighth amendment that prohibits excessive bails and fines as well as cruel and unusual punishment. In effect, this argument hindered the death penalty law of forty states and the federal death penalty decrees and altered the sentences of 629 inmates who were on death row during that period (“The Death Penalty in America”). Now, if the death sentence of 629 inmates were commuted at the time, it means that there could have been an alternative form of punishment applied in place of the death penalty. Therefore this gives rise to questions, is the death penalty really necessary? Is the life of the murderer any less valuable than that of the victim? Over the years, the view that the death penalty is a deterrent to serious crime has been immensely debated, in this paper the debate against death penalty as a good deterrent to serious crime will be continued. Democracy is a prime feature of the system of governance in the United States and as part of democracy the freedoms and rights of the people are held in high esteem. With the imposition of the death...
Words: 1507 - Pages: 7
...Penalty, also known as Capital Punishment, has been a controversial issue for many years. Some people believe that it is wrong and should be abolished, while others believe that capital punishment should continue to be enforced. Arguments for this are issues of deterrence, the question of whether it’s excessive cruelty, questions of equability, and the public attitudes. In this paper I will explain viewpoints of proponents and opponents of the death penalty. Capital punishment in the United States has been around for many, many years. It was commonly used in the history of the criminal justice system. The methods of executions in history were cruel and unusual. Some of the methods included boiling the guilty in oil, burning to death, hanging them, strangling, stoning, and impaling. 1968 was the first year where the death penalty was not exercised in the United States. In 1976, Georgia, Florida, and Texas were the first three states to uphold the death penalty statues. Later, capital punishment was reinstated to other states as well. Since then there have been debates with this topic. Abolitionists believe that it is morally wrong. They may also believe that it has no benefits to our society. On the other hand, proponents feel that it is a deterrent and can save many innocent lives by getting rid of the murderers that can possibly take other lives. During the 1970s, Issac Ehrlich was the first person to study deterrence in regards to capital punishment. He studied it by...
Words: 1358 - Pages: 6
...Capital Punishment Is No Resolution For Juvenile Offenders Juvenile Delinquents Should Not Have To Worry About Capital Punishment Tkemia S. Gibson 1000 Huntington Mews. Clementon, New Jersey 08021 Juvenile Delinquency Capital Punishment 2 Introduction/Abstract….. page 3 Judicial System…… page 5 Juvenile versus Adults…… page 6 Rehabilitation……. page 8 Conclusion……. page 9 Reference page… page 11 Capital Punishment 3 Introduction/Abstract In today’s society our judicial system has been trying to use rehabilitation, treatment services, and reformation to aide our youth in place of Capital Punishment. Capital Punishment was done away with on March 1, 2005. When dealing with medical research and therapist teams the process has become more opened to helping juveniles to overcome any negative behaviors in the legal system. Capital Punishment 4 Capital Punishment over the years has always been one of the most controversial topics that stay in communication with our legal system. In committing murder as a child, it is hard not to become judgmental in thinking that a child knows right from wrong. When thinking of a teenage child committing murder at times you may think do they really realize what they have just done and do they even know the consequences. My position is juveniles who commit the act of murder should not have to suffer the resolution of capital punishment because they are still children and their brains are not...
Words: 2367 - Pages: 10
...Douglas S. Coppin The Effects of Capital Punishments NIC / Executive Leadership June 2013 Evidence-Based Practice in the Criminal Justice System The phrase “because we have always done it that way” universally is no longer acceptable as it pertains to working in many sectors of the work-force, especially within the criminal justice system. Constant financial pressure to streamline budgets, coupled with ever-changing political climates have forced criminal justice organizations to embrace evidence-based concepts and practices. Evidence-based practice is defined as the use of practices that have been scientifically tested and proven effective. In simple terms, doing what works. This has led to drastic changes in various sectors from police operations, probation, sentencing, etc. When examining capital punishment the first question that must be asked is why do we do it? Is it simply a universal response to an atrocious act committed by an offender? If so, then there is no need to look any further. However, thousands of capital offense convictions are handed down annually in the U.S., yet most do not result in death penalty sentences. Therefore the only logical conclusion is that there is much more complexities in play once the state hands down capital punishment. Possible Effects of Capital Punishments at a Glance By and large, capital punishment in the United States is handed down to those offenders that are found guilty of homicide. Although not limited...
Words: 4052 - Pages: 17
...Law vs. Ethics MGT 101 Seminar Five Summer 2010 Laws and ethics are a touchy subject, even the brightest minds in the world have a tough time coming up with the “right” answer. When applying social responsibility with ethics, we must look at it from multiple sides; let’s use an example, Robert was interested in learning about the workings of professional burglars. Several years ago, he made contact with someone who could put him in touch with a professional burglar, although the burglar had retired several years ago. He contacted this person, who forwarded his interest on to the "retired" professional burglar. The burglar agreed to participate in a series of interviews. The first two interviews went fine, but on the third occasion, his subject indicated that he was planning a burglary in a new development. This was to be a one-time event (rather than a return from retirement) involving burglarizing the home of a wealthy resident in this development. Robert promised his subject anonymity and confidentiality at the outset of his research, but he now had information indicating that a crime was about to be committed. In analyzing laws and ethics in this case, if Robert was being ethical for the integrity of the burglar and did not inform the police of his deeds, he was being unethical in the social responsibility aspect of ethics! When respecting people’s rights, dignity, and diversity, people are going to be affected negatively either way in certain situations. What we need...
Words: 1004 - Pages: 5
