...Death Penalty By Susan Doe PHI 103 April 15, 2013 Is the Death Penalty Just and Applied Fairly? The death penalty, also known as capital punishment, is the punishment of execution, administered to someone convicted of a capital crime; it is the most severe form of corporal punishment. The death penalty in the United States has been an ongoing debate throughout history. Capital punishment has been banned in many countries, except in the United States; there are thirty-three states that currently have the death penalty. According to ProCon.org, the United States has executed 1057 people from 1997 through 2006. There are some that are against the death penalty, they feel that it is unconstitutional and immoral. Then, there are others that have a different feeling towards the death penalty; they feel that the ones that commit serious capital crimes should be punished with their own life. Those that support capital punishment say that it is deterrence and that it wastes money on the ones that are doing life. Those that are against capital punishment say that it is killing innocent people and that it is not saving money, that it costs more to put someone on death row. Is the death penalty just and applied fairly? There is no evidence that supports the death penalty being a deterrent to violent crimes. The death penalty is a waste of taxpayer’s money. There have been many innocent people have been sent to death row. Both sides will be argued to give an unprejudiced look with...
Words: 2064 - Pages: 9
...Pros and Cons of Death Penalty Does the execution of a murderer serve justice for all? One of the most controversial topics in the world today not only deals with the death penalty, also 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...
Words: 1837 - Pages: 8
...The Use of the Death Penalty A Paper Presented by the National Policy Committee to The American Society of Criminology National Policy Committee James Austin, Chair Kitty Calavita Roland Chilton Jeffrey Fagan Calvin C. Johnson Delores Jones-Brown Mark Moore Ira Schwartz Linda Teplin Franklin Zimring November 2001 The findings and opinions contained herein are those of the National Policy Committee and do not necessarily reflect the official position or policies of the American Society of Criminology. Ronald Weitzer, Professor of Sociology, Dana Coleman, Research Assistant, and Sarah Benatar, Graduate Research Assistant at the Institute on Crime, Justice, and Corrections at George Washington University provided substantial assistance in the preparation of this document. Introduction Capital punishment is among the most hotly debated issues in American politics. Passions run high for both those who want the death penalty abolished and those who seek to preserve or expand its use. What follows is a summary of key issues in the death penalty debate, research findings on the application of capital punishment, and a discussion of policy considerations. The American Society of Criminology (ASC) is greatly concerned with the death penalty and its application in the United States. This year, ASC President Ronald Huff and the ASC Executive Board authorized the ASC’s National Policy Committee (NPC) to develop a policy paper that would focus on...
Words: 6090 - Pages: 25
...U. S. society. Many believe capital punishment is a necessary punishment for those who commit capital offenses and acts as a deterrent to violent criminals. Essentially, Americans that support the death penalty believe that it contributes to the overall wellbeing of U. S. society. Activists still desire to eliminate the punishment. Though, this country’s founding fathers broke away from England they did not completely disagree with everything they believed. When it came down to capital punishment, they adopted it from British common law. Even as history is reviewed, debate over capital punishment can be seen as far back as the American Revolution Debates over capital punishment continued from the Civil War until the 1960’s. During this period some states abolished and later reinstated the death penalty, but from 1968 to 1976, due to public out cry, no executions took place in the U.S. In 1972 the U.S. Supreme Court ruled against the death penalty in the Supreme Court case Furman v. Georgia because of the unfair application of the death penalty, and in this case, capital punishment was declared as excessive as well. This decision was then overturned by the 1976 U.S. Supreme Court case Gregg v. Georgia after the state of Georgia amended its law so that it would be applied more fairly (Grant, 2005). In the U.S. there have been...
Words: 1563 - Pages: 7
...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 because they deserve to be punished, a robber must return what he stole while a murderer deserves to be put to death for having killed someone. The concept of deterrence is based...
Words: 2523 - Pages: 11
...of Babylon, and the Draconian code of Athens, the death penalty has been established as a punishment for crimes. If we scheme these historical aspects, a feeling of devastation arises in us regarding the horror that associates the idea of using the worst methods of death for punishing people. Capital punishment has long been a topic of controversy attracting both opposers and supporters. However, the modern state of today`s world reflecting topics of humans` rights and justice assuredly push us towards refuting capital punishment. “The first question shouldn’t be 'Why not use the death penalty?' but 'Why use it?' There’s no good reason. First, we’ve already protected ourselves. This individual has been separated from society; he’s not able to hurt us again. If we execute this young man, it will not protect us against a future tragedy. The things that keep us safe are preventative, that address the root causes of crime — making sure people have mental health services, an education, helping families that are at risk ( Diann ,2004). The International law and the analysis based on human rights are useful means to address the death penalty in the U.S. Although the U.S. uses other terms in protecting basic rights, and has...
Words: 953 - Pages: 4
...The Death Penalty PHI103: Informal Logic Professor Donald Ceplenski March 26, 2012 The Death Penalty Capital punishment, also known as the death penalty, is the lawful infliction of death as a form of punishment. It is considered to be one of the most controversial and a debated topic across the United States which leads to the logical question; is the death penalty just and applied fairly? Although in theory sentencing a criminal to death may bring closure to the victim’s families, the practice of sentencing someone to death is an unjust form of punishment with factors such as costs, deterrence, and rehabilitation failure show that putting a criminal to death is counterproductive and inhumane. Death Penalty laws have been around since Eighteenth Century B.C., but the execution in American dates back to the colonial days in 1608, when Virginia carried out the colonies first execution to Captain George Kendall (Randa, 1996). According to the Death Penalty Information Center (DPIC), in the last four hundred years, 36 states have instituted the death penalty, making execution the ultimate form of punishment (2012). In theory the death penalty appears to be a reasonable method of punishment but in reality it has major flaws that damage the integrity of the state. Not only does it have serious flaws it is absolutely inhumane in every way. The death penalty goes against our rights as human beings. We are supporting the message that killing is okay if the reason...
Words: 2264 - Pages: 10
...Justice The dictionary defines justice as “1. the quality of being just; righteousness, equitableness, or moral rightness: to uphold the justice of a cause. 2. rightfulness or lawfulness, as of a claim or title; justness of ground or reason: to complain with justice. 3. the moral principle determining just conduct. 4. conformity to this principle, as manifested in conduct; just conduct, dealing, or treatment. 5. the administering of deserved punishment or reward.” Justice is primarily the call for a fair and even response to wrong behavior. Although it calls for fairness in all things, as a concept it most often applied to punitive measures against sinful or criminal acts rather than rewards for virtuous behavior. Justice is not simply punishment, however. It is the entire process by which guilt is determined and an appropriate response measured. Many religions base their concept of the afterlife on justice. The powers that be weigh the sins a person has committed in their life against their virtues and determine a just fate. In some cases justice places the soul in a permanent afterlife like heaven or hell. In other faiths the soul is believed to reincarnate in a new body that will teach the soul lessons it need for spiritual growth beyond the vices it engaged in in its last life. This a concept called karma, a kind of cosmic justice carried out by the universe itself. Some religions have rules and laws that are meant to be enforced by humans, like the laws in the book of...
Words: 592 - Pages: 3
...legalized the death penalty, it is still a highly controversial and debated topic throughout America. The death penalty is such an immensely arguable topic because the states have the control over the life and death of a human. Advocates of the death penalty believe that it is a deterrent, but evidence has proven otherwise; they also do not recognize the many faults tied up in the system. The death penalty should be abolished because the prisoners are treated inhumanely not only from living on death row, but from receiving a bad batch of lethal injection drugs. Many people do not realize the immense cost required for the execution of a single inmate and the discrimination {against African Americans} that lives in the courtroom. After being sentenced to execution, prisoners are sent to death row; a section located in in a prison that deprives them of their sanity. Death row is like solitary confinement; the inmates are isolated and confined to a cell the size of a bathroom for at least 22 hours a day. The prisoners are constantly subjected to atrocious conditions to the point that they are getting their human rights taken from them. The prisoners...
Words: 1348 - Pages: 6
...Melissa Maitland Professor Hubert American Government 23 November 2015 Where Does the Law Stop For years the insanity defense has turned into a difficult defense system in the court of law. The exact law changes from state to state, but the main idea remains the same. The insanity defense could apply and be used on an individual who is considered legally insane. The individual must have a severe mental disease or defect, their lawyer must prove that they were at the time of the crime. We need to abolish the insanity plea and make the death penalty the law of the land again. An individual accused of a crime can pled guilty that they committed the crime, or argue that they are not responsible for it because of a mental illness. “Not guilty by reason of insanity.” There’s an important distinction between pleading guilty by reason of insanity and diminished capacity. Diminished capacity is pleading to a lesser crime. Pleading insanity is a full defense to a crime, it’s equivalent to pleading “not guilty.” The insanity defense is a compromise on part of society and the law. Society believes that criminals should be punished for the crimes they committed and society believe that people who are ill should receive treatment for their illness. When we talk about the insanity defense, we go to the M'Naghten rule. The M'Naghten rule is the required test that must be given before the jury can decide whether the individual on trial knew that he or she could not tell right from...
Words: 2718 - Pages: 11
...The controversy over the death penalty seems to be always be talked about, however execution goes against moral rights. Wanting to have someone put to death, or doing so defines our society in only negative aspects. Having the fear of letting a human live for their actions, gives the prosecuted power over our emotions. In society it doesn’t take one person’s action to define us, however what does is the way the manner are dealt with. Also someone’s death shouldn’t be in the hands of another, death isn’t something that can be reversed. Ironic how people who favor the death penalty say that what a prosecutor has done is morally unjust, but who can justify that they have greater morality. In many instances the judgment of another has put innocent people to death, life isn’t a game to take chances on. Government plays a huge role in everyone life, whether the person is illegally or not however it should not have the control over any ones existence. In the cases of Furman V. Georgia, and Gregg V. Georgia death has been debated, from both of these cases our government has grown to challenge the decision of death. In the case Furman V. Georgia our government adopted the requirements on...
Words: 2531 - Pages: 11
...to debates on the issues of capital punishment, euthanasia, self defense, abortion and war. In 1948, the Universal Declaration of Human Rights, adopted by the United Nations General Assembly declared in article three: “Everyone has the right to life, liberty, and security of person.” A central principle of a just society is that every person has an equal right to “life, liberty, and the pursuit of happiness.” Within that framework, an argument for capital punishment can be formulated along the following lines: some acts are so vile and so destructive of community that they invalidate the right of the perpetrator to membership and even to life. Those who violate the personhood of others, especially if this is done persistently as a habit must pay the ultimate penalty. This punishment must be inflicted for the sake of maintaining the community whose foundation has been violated. We can debate whether some non-lethal alternative is a fitting substitute for the capital punishment. But the standard of judgment is whether the punishment fits the crime and sufficiently honors the nature of moral community. Definition of Capital Punishment: Capital punishment, also called the death...
Words: 3503 - Pages: 15
...“Death Penalty” Furman was a poor black man living in Georgia when he broke into William Joseph Micke, Jr’s house, Mr. Micke went downstairs to investigate and saw William Furman in his house with a gun. Furman began to flee the house but tripped in the process and fired the gun accidently shooting Mr. Micke in the chest and killing him instantly. Furman was later found by the police still carrying the gun and arrested for murder. This case is known as Furman v. Georgia and was taken to the Supreme Court on the fact that the death penalty in Georgia violated the Eighth Amendment of the U.S. Constitution. This is a landmark case because “The significance of Furman v. Georgia is that this case was the first case that was ruled violating the Eighth amendment and that it halted every man on death row in the United States” (study). But before the case reached the Supreme Court the case went on trial September 20, 1968 where Furman pleaded mentally ill and insane, the court rejected his plea and found him guilty of murder. Then, Furman appealed his conviction and sentence, based on the death penalty in Georgia violating the Eighth Amendment of the U.S. Constitution . The Eighth Amendment says the federal government may not use "cruel and unusual punishments” (Henson). The case was later tried in the Supreme Court January 17, 1972. The justices who won majority and reversed the case were William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Potter...
Words: 3854 - Pages: 16
...and Against the Death Penalty from http://deathpenaltyinfo.msu.edu/ ARGUMENT 1 DETERRENCE The death penalty prevents future murders. Society has always used punishment to discourage would-be criminals from unlawful action. Since society has the highest interest in preventing murder, it should use the strongest punishment available to deter murder, and that is the death penalty. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life. For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. Similar results have been produced by disciples of Ehrlich in follow-up studies. Moreover, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure are the best deterrent. The fact that some states or countries which do not use the death penalty have lower murder rates than jurisdictions which do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use the death penalty. Ernest van den...
Words: 6130 - Pages: 25
...Against the Death Penalty from http://deathpenaltyinfo.msu.edu/ ARGUMENT 1 DETERRENCE The death penalty prevents future murders. Society has always used punishment to discourage would-be criminals from unlawful action. Since society has the highest interest in preventing murder, it should use the strongest punishment available to deter murder, and that is the death penalty. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life. For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. Similar results have been produced by disciples of Ehrlich in follow-up studies. Moreover, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure are the best deterrent. The fact that some states or countries which do not use the death penalty have lower murder rates than jurisdictions which do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use the death penalty. Ernest...
Words: 6130 - Pages: 25
