However, many states still rely on the death penalty as a form of retribution for capital murder, but if the wrong committed cannot be corrected or compensated for, then what value does the death penalty serve?
One argument in favor of the death penalty is that it allows the government to exact retribution by taking the life of the killer (Budziszewski).
The brief history of death penalty shows that this is nothing new, because it was something that was practiced right from the eighteenth century BC, in Babylon, and thereafter in Athens, and in ome, and in Great Britain. Death Penalty An on-going Debate on Ethics and Morality The debate on whether the death penalty, or capital punishment, should be utilized in the United States is best seen in the varied laws that exist within each state. map is quite divided and many have joined the on-going debate on whether or not the U. Summary and Conclusion The purpose of this discussion was to examine several landmark Supreme Court cases and explain the evolution of capital punishment jurisprudence from 1972 to the present. A Robinson (1995), ' Capital Punishment: Death Penalty Data', Accessed Feb 20th 2010, Updated Dec 07, 2009, Available at, This article puts forward the notion that when analyzing the "...relationships between minority groups and mainstream populations," the issue of whether the use of "formal control is applied fairly and consistently between these different groups" is a pivotal place to begin (Ruddell, et al., 2004). Against Capital Punishment the Anti-Death Penalty Movement in America, 1972-1994 (New York: Oxford University Press, 1996)…… "Trying to Understand America's Death Penalty System and Why We Still Have it," Journal of Criminal Law and Criminology 94.1 (2003) Haines, Herbert H. From initial charging decisions to plea bargaining to sentencing by the jury, lack defendants receive harsh treatment and, as victims, their lives are given less value than whites. Arguments for Juvenile Death Penalty A Murder is a Murder: The advocates for juvenile death penalty argue…… scid=38& did=884#amn 'Recent Public Opinion on the Juvenile Death Penalty." (n.d.) Death Penalty and Information Center. With the average individual on death row being sent to prison not to be executed immediately, but to serve a significant…… The death penalty cannot be considered much if at all crueler than a life term in prison, and when the death penalty is proportional to a crime, it is by no means unusual. Proponents on the other hand state that it is important to…… The work is troubling but based on serious inquiry and serious thought. (2003) The contradictions of American capital punishment. Zimring's book is a fascinating discussion about the history of capital punishment in the U. with comprehensive look at the ebb and flow of the laws that entrench it and the many theories and contradictions that are embedded in it. The deontological theory on the other hand is concerned only with the rightfulness of an act irrespective of its……
Discrimination and instructional comprehension: guided discretion, racial bias, and the death penalty. Death Penalty is the most severe forms of punishment that can be accorded to a criminal who has committed a crime and deserves to be punished. Despite the fact that most industrialized, westernized countries have rid themselves of the death penalty, and despite the fact that many argue cruelty and lack of civilized due process in utilizing such punishment, many of those who uphold the death penalty claim that it does work, especially in deterring criminals. [Read More] The debate over the death penalty remains and the Supreme Court will most likely be asked decide such cases for years to come. For instance the disproportionate number of crimes by the economically disadvantaged African-Americans when compared to Caucasians is a clear instance for external factors that could influence the behavior of a person. [Read More] Bibliography 1) Amnesty International (2009)' More Executions in Japan as other countries Reject the Death penalty', Accessed Feb 20th 2010, Available at, 2) Amnesty International, 'The Death Penalty in Canada: Twenty Years of Abolition', Accessed Feb 20th 2010, available at, Bureau of Justice Statistics (2009), 'Executions: Key Facts at a Glance', Accessed Feb 20th 2010, Available at, B. National Death Penalty Fact Sheet / Race and the Death Penalty. It is almost impossible to believe that modern society and some of the world's greatest powers continue to uphold such practices. "Trying to Understand America's Death Penalty System and hy e Still Have it," Journal of Criminal Law and Criminology 94.1 (2003) Haines, Herbert H. lack citizens are, thus, subjected to double discrimination. The action reversed the death sentences of 72 convicted murderers in the U. In this paper I shall examine some of the arguments for and against the death penalty for juveniles and the implications of enforcing or doing away with juvenile death penalty. In viewing the state of the national economy alone in terms of this number, it becomes clear that death-row prisoners kept in prison as well as those prisoners serving a life sentence continue to offend society by becoming a consistent drain on the country's resources. Opponents have also claimed that the death penalty is a violation of the 8th amendment, cruel and unusual punishment and that it does not belong in any civilized society. While the legal cost of executions maybe high they are insignificant when compared with delivering justice.
[Read More] Death penalty is the use of death as a punishment for the crimes committed by an individual. The situation is much the same in the 35 other states that have capital punishment.
A whistleblower might lose all his or her business accounts and contacts because…… Blacks make up 12% of the population but 40% of the population on death row, as noted. Statistics show that a black man accused of killing a white person in Georgia is substantially more likely to receive the death penalty than a white person convicted of killing either a white or a black, and forty-six percent of the inmates on Georgia's death row are black, with most on death row for killing a white person. Capital Punishment, the American Conscience, and the End of Executions, Harper Perennial, 200- 250. It is a charged moral issue that regularly invokes heated debates both for and against the death penalty. The death penalty is also extremely costly even though it would seem that killing a convict costs less than feeding one.…… Since that time, the death penalty has been a part of the American criminal justice system. Mandery, E, J., (2011) Capital Punishment: A Balanced Examination, Jones & Bartlett Learning, 2 edition, 550- 578. "Capital Punishment: Deterrent Effects & Capital Costs." Columbia Law School, Columbia University. Since the inception of executions, ethicists have used religion, emotion and practicality as the basis for their arguments. Rethinking the Death Penalty: Can We Define Who Deserves Death? However, its use has not been without strong opposition. (Messerli, 2007) Despite the fact that the death sentences were a constant element of society in the past, which actually initiated from lynching and ended in the modern capital punishment and is still applicable in some states the topic of death penalty is one amongst the most fretfully discussed topics in public. "Retribution as Revenge and Retribution as Just Deserts." Social Justice Research 26 (2013): 61-80. Death Penalty All indications are that capital offenses are on the rise and the response to this phenomenon has been a cry to impose capital punishment as retribution. The fact that the murder was not premeditated seemed to also be taken into account. court=va&vol=1000395&invol=1 Gregg v Georgia, 428 U. According to some who believe in God and feel that capital punishment is acceptable under the scriptures, there is one main point, which is that "This is not an issue that may be measured accurately in terms of statistics. These three key points include: the fact that the death penalty is ineffective in efforts of crime prevention; the death penalty is immoral; and the majority of Americans do…… These are issues that further contribute to the injustice of the death penalty for women, particularly in states such as Texas, and particularly in cases where women are innocent like Jacobs or mentally ill like Yates. CONCLUION Women face a wide variety of integrated problems when faced with any sort of conviction, and particularly the death penalty. The ongoing debate on whether the death penalty should be retained or abolished concerns itself with the issue of justice from differing perspectives. Those inmates who cannot afford to fight a good appeal are the worse off of all. During those 17 years, Cynthia Barlieb's family was forced to repeatedly relive her murder. However, several conditions must be met for the fear of death to act as a deterrent. Here, they argue that through the long-term imprisonment of criminals, who would have otherwise been on death row, the government wastes funds which should ideally be used for other more worthy needs including but not…… The topic of Capital punishment accompanies several legal, communal and ethical concerns. Certainly the issue is one of the most hotly debated in the world today; both for consideration of its humaneness as well as efficacy as a deterrent. Keynote Address, 26 Ohio Northern University Law Review 517. The facts of the case seem to indicate that Furman went to rob someone and that…… No one can ever know how many potential murderers have refrained from taking human life due to their fear of prosecution, conviction, and ultimate execution" (Jackson, 2003). These issues are generally a result of circumstances beyond the control of these…… ACLU Applauds Jury Decision to Spare Andrea Yates' Life. The abolitionists, for instance, argue that the death sentence runs the risk of executing some convicted people, whose innocence is…… "When Murderers Die, Innocents Live." The Boston Globe. Because DNA testing and more traditional forms of evidence can be used to reverse the death penalty, caution should be used when sentencing a citizen to death. The families of the wrongfully convicted deserve such consideration. pid=cost Death Penalty Evolution of the Death Penalty in Supreme Court Jurisprudence Capital punishment has been in existence for centuries. C., the use of the death penalty was found in the Code of King Hammurabi (Death Penalty Information Center [DPIC], 2010). hen a person is murdered, it is understandable that American society demands justice, particularly on behalf of the victim's family and loved ones. The person must feel that there is a significant possibility that they will be caught and punished for their crimes. Capital Punishment has been in effect since the 1970s, despite cases and controversy that it goes against a person's 8th Amendment rights. After all, in that scenario, avoiding medication could be likened to any other attempt to avoid punishment. Quarterman: mental illness, the death penalty, and human dignity. The first ever recorded execution was in Jamestown in 1608 and since then, it has been used as an effective tool of punishment (Supreme Court Debates, Dec 2004). [Read More] References Soss, Joe; Langbein, Laura; Metelko, Alan. In 2002, 71 inmates were executed, which was 5 more than 2001, and of these 71 inmates, 53 were Caucasian, and 69 were male (Capital Punishment Statistics, 2003). If one agrees that the death penalty is a just penalty for one who has committed a capital crime, and that the reason that mentally ill defendants should not be executed is because they lack competence, then it does not seem unethical to allow them to be forcibly medicated in order to be competent. Death penalty has been present in the United States from colonial times. A New Debate." Retrieved May 28, 2009, from the New York Times. Web Site: The Eighth Amendment to the United States Constitution states that people convicted of crimes should not be subject to excessive bail or fines, and that authorities may not inflict 'cruel and unusual punishments' (Eighth Pp). Penalty Human civilization has come a long way in terms of upholding and safeguarding basic human rights to life, liberty, dignity, equality and justice. In the same year the Court ruled that the death penalty must be imposed through a finding of a jury and not a judge" (Columbia, 2003). [Read More] [James fieser] We also have to assess the 'proportionality of happiness' factor in determining if capital punishment is justifiable in a particular case. Ethics in Criminal Justice: In Search of the Truth (5th ed.). Our prejudiced minds and clouded vision make us believe that all black men are criminals resulting in a twisted criminal justice system. Mcallister / Washington, Sylvester Monroe/Atmore, Andrea Sac, Nation/Crime and Punishment: Death or Life? However, forced medication, especially for court appearances, may violate a defendant's Fifth Amendment right to present a…… "Pros & Cons of the Death Penalty." Retrieved May 28, 2009, from Nevertheless, there has been changes in Capital Punishment laws and "in 2002 the Court barred the execution of mentally retarded offenders, overturning its 1989 ruling on the matter. Moreover, an organic physical disorder that arose after conviction, but that would have prevented a defendant from committing a crime, would not be sufficient reason not to execute a person on death row. As has been shown, not only does the death penalty lack any kind…… Journal of Advanced Research in Law and Economics, 1(1), 12-15. A lot of people consider death penalty as an immoral, or an unreasonable punishment. Tessie Hutchinson and the American System of Capital Punishment" 59 Maryland Law Review 553. In cases such as Furman v Georgia the arbitrary nature of the case was taken into account. They do not take their chances of being caught and subjected to capital punishment seriously enough to be frightened by the penalty like many assume they will be (van den Haag, 2001). Social Conflict Theory and the Death Penalty Social conflict theory typically connects deviant behaviors with power. The following discussion will highlight three facets of the powerful argument against the use of the death penalty. According to Dreyfuss (2003), women convicted of murder specifically face issues such as prosecutors who ignore mitigating circumstances, self-defence, abuse, and mental illness in seeking the death penalty. Further, and more important, imposing the death penalty plays a pivotal role in society being able to uphold the values of justice, innocence, and social well being. The appeals of death row inmates sometimes never get heard. The original trial and all the subsequent appeals forced Barlieb's family, including four young daughters, to spend 17 years in the legal process - her oldest daughter was 8 years old when Cynthia was first shot, and 25 when the process ended without a death sentence (Pompelio 2005). In the case of an intentional murder, the death penalty may deter the action. In recognition of opposing views, it is important to note that over time, those in support of capital punishment have often cited cost considerations. The death penalty methods of punishments were actually brought in from Great Britain to the United States of America, and there were any number of methods of execution, like for example guillotine, burning at a stake, or impalement. For this reason, many states, most of which are in the northern parts of the country are against capital punishment, while many southern states support this kind of a law. The research focused on the cases of Furman v Georgia, Woodson v. It is pivotal because "injustice" not only can have "a corrosive effect" on the perception of the fairness (or unfairness) of the criminal justice system; it may actually "contribute to increased crime." The rationale behind Ruddell's study is partly sociological and partly philosophical: when ethnic minority groups "increase in number and size, they also contest the status quo," and become a "threat." As the minority group grows, so do perceived threats to the economic and social structure of the majority increase, and hence "minority communities are likely to be policed more aggressively," Ruddell continues. Death by Discretion: Who Decides Who Lives and Dies in the United States of America? Against Capital Punishment the Anti-Death Penalty Movement in America, 1972-1994 (New York: Oxford University Press, 1996) Langan, John. Most juries still consist of all white members in many places (Freedman). Media Central, Inc.: PRIMEDIA Company, November 1, 2001 Easterbrook, Gregg. Florida: New Republic, July 21, 2003 Freedman, Eric. USA today: Society for the Advancement of Education, March 1997 Goldberg, Steven. National Review: National Review, Inc., June 30, 1989 Functional Theory Approach to Death penalty The functional theory approach to the death penalty is the longest standing explanation for why the death penalty works. The functionalist theoretical approach suggest that death penalty serves a certain function, that is, deterring crime (Weisberg, 2003; Gamson, 1988). Unfortunately this theory is somewhat debunk, as there is little hard evidence supporting the notion that the death penalty successfully deters crime. "Racial prejudice and the death penalty: A research note." Social Justice, 20(1-2): 150 Blumer, H. [Read More] References "Death penalty for minors: Cruel and unusual." (September 27, 2004). Death Penalty Whether or not the death penalty should be utilized as a punishment for serious crimes is a contentious issue, one that is hotly debated throughout the world. "Poll Shows Growing Support for Alternatives to the Death Penalty; Capital Punishment Ranked Lowest Among Budget Priorities." PR Newswire 16 November 2010. [Read More] Death Penalty Society's primary responsibility lies in working towards assuring the physical and psychological well-being of its honest and upright citizens. 29, 2004: The most notable provision of the Eighth Amendment to the Constitution is the prohibition against “cruel and unusual punishments.” Several arguments waged against the death penalty invoke the Eighth Amendment and claim that capital punishment is both cruel and unusual. Therefore, the death penalty is not a violation of the Eighth Amendment, as long as it is restricted for use in response to capital crimes unequivocally committed by mentally capable adults. [Read More] Tonry's book is a detailed and comprehensive look at racial disparity in the U. In the work he discusses how many experts have convened over the years to determine that there is no reason to believe that capital punishment is more of a deterrent to violent crime that life sentences and yet the U. government is still alone among all Western nations to retain its legality. He is also very effective at providing a relatively balanced look at just why in a social, political and legal sense that capital punishment exists today and especially at the manner in which it is applied, including an extensive look at why the appeals process is so vast and strict. However, the reasons why people commit crime are as different as the individuals themselves. The first is the carefully plotted, well thought out, planned act. The person must feel that they will gain some type of value from the action. [Read More] Bibliography 1) James Fieser, "Capital Punishment," Accessed on 3rd June 2007, available at Dudley Sharp, "Death Penalty as a Deterrent," Accessed on 3rd June 2007, available at Kenneth Cauthen, " Capital Punishment," Accessed on 3rd June 2007, Available at, is important to note that though the victim's family also does suffer, the accused could be somebody's mother, father, spouse or even best friend.