...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...
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...CAPITAL PUNISHMNET: THE RIGHT TO KILL Capital Punishment: The Right to Kill Debra Gonzalez University of Phoenix Axia Capital Punishment: The Right to Kill Capital punishment has been a source of debate since its inception; the public continues to dispute this highly controversial issue. A struggle exists between Americans who are fighting for a safe and secure society and those individuals who want to abolish the death penalty. Capital punishment may be a controversial subject; however, it is a critical issue that must be addressed in today's violent society. Many people can not decide if the death penalty provides the necessary punishment and deterrent effect that is needed for criminals but, capital punishment is an aspect of criminal sentencing that needs to be evaluated. The United States Supreme Court judgment in Furman vs. Georgia in 1972 came to the decision that the death penalty was a violation of the eight amendment because of the inconsistent manner by which it was carried out. However, in the 1970s, 34 states across the nation ratified new legislation on capital punishment that met the standards set by the Supreme Court. The most significant change in the history of death penalty cases transpired when United States legislators and the Congress passed what is now know as the Violent Crime Control and Law Enforcement Act .This made a capital punishment sentence possible for various federal crimes. Across this Nation there were approximately...
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...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 “The fact that Iran has decided to execute a 17-year old shows how little respect the authorities have for international human rights standards.” end quote. According...
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...Amendment; while supporters of the death penalty counter that this clause was not intended to prohibit legal executions. In the 1972 court case of Furman vs. Georgia , the U.S. Supreme Court ruled that capital punishment was no longer legal. However, in Gregg v. Georgia (1976), the court allowed capital punishments to resume in certain states, and shortly thereafter, Gary Gilmore was executed by a firing squad in Utah. Since the reinstatement of capital punishment in the United States,a separate penalty trial has been required for some capital cases, at which time the jury reviews circumstances that suggest the need for capital punishment. In 1982, Texas became the first state to execute a prisoner using lethal injection; other common methods of execution used in the United States include lethal gas and electrocution. In recent years, the Supreme Court has made it more difficult for death row prisoners to file appeals. Nearly 3 of 4 americans support the death sentence as a form of punishment. The other third has condemned it and their list of claims against it is long. Opponents challenge proponents on issues of deterrence, economics, fallibility, and rehabilitation. Their indifference to capital punishment is founded on constitutional and moral grounds. In societies best interest and for the safety of individuals, capital punishment is a respectable form of retribution for a crime being committed. More information on recent U.S. Supreme Court Death Penalty Cases Since 1990. History: ...
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...Amendment; while supporters of the death penalty counter that this clause was not intended to prohibit legal executions. In the 1972 court case of Furman vs. Georgia , the U.S. Supreme Court ruled that capital punishment was no longer legal. However, in Gregg v. Georgia (1976), the court allowed capital punishments to resume in certain states, and shortly thereafter, Gary Gilmore was executed by a firing squad in Utah. Since the reinstatement of capital punishment in the United States,a separate penalty trial has been required for some capital cases, at which time the jury reviews circumstances that suggest the need for capital punishment. In 1982, Texas became the first state to execute a prisoner using lethal injection; other common methods of execution used in the United States include lethal gas and electrocution. In recent years, the Supreme Court has made it more difficult for death row prisoners to file appeals. Nearly 3 of 4 americans support the death sentence as a form of punishment. The other third has condemned it and their list of claims against it is long. Opponents challenge proponents on issues of deterrence, economics, fallibility, and rehabilitation. Their indifference to capital punishment is founded on constitutional and moral grounds. In societies best interest and for the safety of individuals, capital punishment is a respectable form of retribution for a crime being committed. More information on recent U.S. Supreme Court Death Penalty Cases Since 1990. History:...
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...Health and Safety in the health and social workplace Name: OLUWOLE. F. OMITOYIN Introduction: This essay intends to demonstrate a clear understanding of health and safety legislation and its implementation in health and social care settings. A review of systems, policies and procedures for communicating information in relation to legislations and individual responsibilities in term of managing health and safety will be considered. While safety priorities and how they are being implemented will be looked into. The use of information from care plan; the importance of risk assessment, the impact of policies on health care practices and how dilemma situation are managed and in addition consequences of non-compliance with law and regulation will be discussed. Lastly, the essay will critically look at how health and safety arrangement are monitored and review and also analyse the effectiveness of positive health and safety culture in health care organisation. In conclusion, my own contribution to health and safety needs will be discussed and recommendation made. Task 1: 1.1 According to oxford English dictionary (2014) “Policy is defined as a course or principle of action adopted or proposed by an organisation to direct and limit its action in pursuit of a long term goals,” examples smoking policy, manual handling policy. While a procedure on the other hand is an established or official ways of doing things or a series of actions conducted in a certain order or manner...
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...crimes and using imprisonment times to deter crimes as well. The deterrence theory main idea is that punishment for crimes can be used as a threat to deter people from offending. There’s two parts of the deterrence theory, specific and general deterrence. Specific deterrence is focused fully on the individual; it instils fear in the specific individual being punished. This type of deterrence refrain the individual from future violation of the law. General deterrence is the Criminal Justice system making examples of specific criminals. The criminal isn’t the main focus but the criminal act and its punishment is received in a public view in order to deter other individuals from deviance in future. Thomas Hobbes was an English philosopher, best known for his work on political philosophy. Hobbes published Leviathan in 1651, which is the foundation of later Western political philosophy. In Leviathan, Hobbes describes men as neither good nor bad, he assumed that men are creatures of their own desire who want certain things and who fight when their desires are in conflict. Hobbes views that people generally pursue their self-interests, such as material gain, family and individual safety, and social reputation and these people will make foes without caring if they harm other in the process. Cause these people are so determined to accomplish their self-interests, the results is often conflict and opposition without a...
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...questions need to be determined? Decision: What is the ruling? Ratio decidendi: What are the reasons for the decision? What laws are applied? This can be applied to future cases (and exams). Law vs. Ethics Ethics are voluntary rules of behaviour; Designed to create conditions allowing people to live a good life; Laws are coercive rules on conduct; Imposed on society through the social contract; Origin of ethics Jeremy Benthem (18th century). Utilitarianism – political and social institutions (law) should be used to maximum utility. Maximize pleasure and minimize pain. John Stuart Mill (19th century). Actions are wrong if they produce unhappiness. Actions are right if they produce happiness. Contrast to Nicolo Macchiavelli; the end justify the means. Illegal but Ethical Marijuana is an illegal narcotic; Marijuana is no longer frowned upon; Legal but Unethical Abortion; - Ban on abortion overturned by the Supreme Court; No law on the books today; Abortion is only regulated by ethical considerations; Doctors may refuse abortions for religious or conscientious reasons; British Columbia may pass a law to forbid it; Article 6, CIVIL CODE A codification of the basic principle of ethics; We must act in good faith in our relationships: i.e. contracts; Strategic Lawsuits Against Public Participation (SLAPP lawsuit) Business Ethics How should managers and employees act in the business environment? Are ethics enough incentive? Business Ethics: Pros Expectations of society...
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...or division of law which defines crimes, treats of their nature and provides for their punishment. CHARACTERISTICS OF CRIMINAL LAW 1. GENERAL - it is binding on all persons who live or sojourn in the Philippine territory (Art. 14, NCC) EXCEPTIONS: a) Treaty stipulations b) Laws of preferential application c) Principles of Public International Law. The following persons are exempted: a. Sovereigns and other chief of state b. Ambassadors,ministers, plenipotentiary, minister resident and charges d’affaires. Consuls, vice-consuls and other commercial representatives of foreign nation cannot claim the privileges and immunities accorded to ambassadors and ministers. 2. TERRITORIAL – penal laws of the Philippines are enforceable only within its territory. EXCEPTIONS: (Art. 2, RPC) i.e., enforceable even outside Philippine territory. 1) Offense committed while on a Philippine ship or airship 2) Forging or counterfeiting any coin or currency note of the Philippines or obligations and securities issued by the Government. 3) Introduction into the country of the above-mentioned obligations and securities. 4) While being public officers or employees should commit an offense in the exercise of their functions. 5) Should commit any of the crimes against national security and the law of nations defined in Title One of Book Two. EXCEPTION TO THE EXCEPTION: Penal laws not applicable within or without Philippine territory if so provided in treaties and laws...
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...John H. Whitehead Professor Roth Whitehead 1 A Moratorium on The Death Penalty Should Be Enacted In Illinois Due to the recent releases of newly exonerated Death Row inmates, individuals and organizations are calling for a moratorium- a cooling off period for state executions. The cases of just a few inmates makes it apparent that this would be a necessary step to save innocent lives. After 17 years in prison, Illinois Death Row inmate Anthony Porter was released from jail after a judge threw out his murder conviction following the introduction of new evidence. This reversal of fortune came just two days before Porter was to be executed. As reported in USA Today, Porter's release was the result of investigative research as conducted by a Northwestern University professor and students. The evidence gathered suggested that Porter had been wrongly convicted. Were these new revelations and the subsequent release of Porter a lucky break or a freak occurrence? Not likely, reports DeWayne Wickham, also of USA Today. He points out that since the reinstatement of the death penalty in the United States in 1976, of those sentenced to death, 490 people have been executed while 76 have been freed from Death Row. This calculates into one innocent person being released from Death Row for every six individuals that were executed. This figure correlates with the 1996 U.S. Department of Justice report that indicates that over a 7-year period, beginning in 1989, when DNA evidence in various cases...
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...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...
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...Party Platforms Democratic Party on Abortion Strongly and unequivocally support Roe v. Wade. (Sep 2012) Invest in stem cell and other medical research. (Nov 2006) Pursue embryonic stem cell research. (Jul 2004) Support right to choose even if mother cannot pay. (Jul 2004) Choice is a fundamental, constitutional right. (Aug 2000) Democratic Party on Budget & Economy Create an economy built to last & built from the middle out. (Sep 2012) Restore the budget discipline of the 1990s. (Nov 2006) Cut the deficit in half over the next four years. (Jul 2004) Democrats reversed economic stagnation of previous years. (Aug 2000) Democrats must continue to lead Americans to prosperity. (Aug 2000) G.O.P. creates debt, Dems create surpluses. (Aug 2000) Democrats will eliminate publicly held debt by 2012. (Aug 2000) Policy should encourage home ownership & affordable housing. (Aug 2000) Democratic Party on Civil Rights Enable disability access; plus 100,000 federal jobs. (Sep 2012) Equal treatment under law for same-sex couples. (Sep 2012) Racial and religious profiling is wrong. (Jul 2004) Keep marriage at state level; no federal gay marriage ban. (Jul 2004) Strengthen some parts of Patriot Act and change other parts. (Jul 2004) Support affirmative action to redress discrimination. (Jul 2004) Police should have zero tolerance of racial profiling. (Aug 2000) Pass hate crime legislation...
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...Race and Ethnicity Should racial profiling be a legitimate law-enforcement policy in some areas? Should Affirmative Action for state university enrollment be continued? Should the primary method of public school funding--property taxes in individual school districts--be amended to create more fairness in schools? Should high-school history classes and social-studies curriculum be changed to reflect diversity and multicultural perspectives? Should Christmas, Easter, and other religious observances be considered national holidays? If a university offers "African-American Studies" or "Black Studies" as courses, should it also offer "European-American Studies" or "White Studies"? How do certain television programs perpetuate racial or ethnic stereotypes? Should Columbus Day be discontinued in favor of a new post-colonial perspective? Should schools only purchase textbooks that offer revised or alternative histories of historical events? What should be done about racial disparities in the sentencing of criminals? Should the American government pay reparations and return land to Native Americans? Should hate groups have the right to distribute literature on university campuses? If research shows that certain racial or ethnic groups receive poorer medical care on average, how should this problem be corrected? Should governmental organizations have staffs that accurately reflect the racial, ethnic, and gender balance in society? Gender and Sexuality What should be...
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...an individual or group has about what is right/wrong, good/evil. * Business Ethics concentrates on moral standards as they apply to business policies, institutions, and behaviour * Corporate Social Responsibility refers specifically to a description and moral evaluation of the impact than an organization has on society * Ethics can be a business constraint “ethics costs” but also an advantage “ethics pays” 1970 – 1985: Rise of business ethics (academia) 1985 – 1995: Ethics into firms 1995 – 2000: Internationalization 2000 – 2012: Corporate Scandals and government regulation * Ethics Scandal Costs: Fines, lawsuits, prison, investor losses, bankruptcies, unemployment, and increased regulation * Market Morality: Will everyone invest their money as agreed or will greed effect them? * Parable of the Sandhu Ethics vs. the law Unclear over moral responsibility Easier to say what is morally right than to do it * Employees value health and safety ethics Consumers value product safety Shareholders want return on investment Need to look at environment * Macroenvironment: social, economic, political, technological factors * Our society is pluralistic in nature * Pluralism: there is diffusion of power among society’s many groups and organizations Decentralization and diversity of power * Strengths of Pluralism: prevents power concentration; maximizes freedom; diversified loyalties; provides safeguards; disperses individual allegiances...
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...its Various Elements. “The true measure of crimes is the harm done to society” – Cesare Beccaria. Crime as a concept and its origin There is no easy definition for what denotes a crime. Any theory on criminal law has to answer two questions – ‘What acts should be punished?’ and ‘To what extent can it be punished?’ Glanville Williams, admitting the impossibility of a workable content based definition of a crime, points out that the definition of crime is one of the thorny intellectual problems of law. Russell also admitted that ‘to define crime is a task which so far has not been satisfactorily accomplished by any writer’ Personal safety, particularly security of life, liberty and property, is of utmost importance to any individual. Man realized this when he started living in a community. He realized that he had certain rights. Rights are essentially conditions for self-development. At the same time he understood that he was also obligated to behave in the same manner in which he expected his neighbour to behave. This was the crux of the social contract which man entered into with his fellow beings. The social contract allowed men to live together in a community and leave behind the “nasty, short and brutish” life he led hitherto. The social contract paved way for the State to come into force and start making laws for everyone. Naturally, the rational and selfish nature of man would make him look out for his best interests and that would include deviant acts to gain...
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