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+essay on theories of punishment : introduction, meaning, orign, features
+essay on theories of punishment : introduction, meaning, orign, features
Capital punishment vs life imprisonment
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Capital Punishment I recently read an article from the ACLU, written by Adam Bedau. It explained, quite eloquently, that for society to execute a murderer made society no better than the murderer himself. He said, “The executioner is no better than the criminal.” I was impressed by this moral stance, but I was surprised to read that he failed to apply this logic consistently. For example, the he went on to argue that life imprisonment would be a more appropriate penalty for murder than death. Using this ACLU logic, it appears that for our society to lock someone in a room against his will and not free him for a considerable length of time makes our society no better than the everyday kidnapper. But if an individual locked another up against his will, wouldn’t the ACLU view this as kidnapping. Being from the Methodist faith I found this argument somewhat difficult. For in the Bible there is a scripture that states, “an eye for an eye, a tooth for a tooth.” I presume the ACLU would agree that beatings or torture are also unacceptable forms of punishment for crimes. They seem to be inhumane. Yet in Eastern cultures, if one steals something, they lose a finger or two and sometimes an entire hand depending on the severity of the crime. This seems to be reason enough not to steal, as in these cultures there is a very low theft rate. Maybe the ACLU would find a monetary fine a more appropriate punishment? For society to take money away from someone against his will without giving him any tangible goods in return would make society a thief. Of course, the Bedau also explains that capital punishment brutalizes society, leading to even more murders. If we, as a society, adopt this no-punishment position, it logically follows that there would be less crime. Once criminals realized that no matter what they did, no fellow citizen would lift a finger to stop them, why, they’d just be so overcome with the generosity of their neighbors that they’d naturally be inclined to become upstanding, productive citizens.
Many positions can be defended when debating the issue of capital punishment. In Jonathan Glover's essay "Executions," he maintains that there are three views that a person may have in regard to capital punishment: the retributivist, the absolutist, and the utilitarian. Although Glover recognizes that both statistical and intuitive evidence cannot validate the benefits of capital punishment, he can be considered a utilitarian because he believes that social usefulness is the only way to justify it. Martin Perlmutter on the other hand, maintains the retributivist view of capital punishment, which states that a murderer deserves to be punished because of a conscious decision to break the law with knowledge of the consequences. He even goes as far to claim that just as a winner of a contest has a right to a prize, a murderer has a right to be executed. Despite the fact that retributivism is not a position that I maintain, I agree with Perlmutter in his claim that social utility cannot be used to settle the debate about capital punishment. At the same time, I do not believe that retributivism justifies the death penalty either.
Capital punishment and torture are often looked down on in today’s societies because they are viewed as cruel and unconstitutional, but perhaps they would help in more ways then we would like to admit. They can be beneficial in many ways such as encouragement to be truthful, encouragement to live by the laws, and as a source of punishment. Capital punishment and torture are thought to be too painful, and the person doing the punishment is also committing a crime.
“This is not a nice man … innocent is not a word that suits him in any way,” says Brian Webster when speaking of Matthew Poncelet, the man on death row in the movie Dead Man Walking. Many people feel that the death penalty is immoral and it should not be used; however I feel completely opposite. I believe that capital punishment is a fair sentence for a murderer to receive. In the movie Dead Man Walking, the main character Matthew Poncelet, is on death row waiting for the lethal injection that will soon put him to death for good.
man from killing again then so be it. I don't know if it is immoral
The death penalty continues to be an issue of controversy and is an issue that will be debated in the United States for many years to come. According to Hugo A. Bedau, the writer of “The Death Penalty in America”, capital punishment is the lawful infliction of the death penalty. The death penalty has been used since ancient times for a variety of offenses. The Bible says that death should be done to anyone who commits murder, larceny, rapes, and burglary. It appears that public debate on the death penalty has changed over the years and is still changing, but there are still some out there who are for the death penalty and will continue to believe that it’s a good punishment. I always hear a lot of people say “an eye for an eye.” Most people feel strongly that if a criminal took the life of another, their’s should be taken away as well, and I don’t see how the death penalty could deter anyone from committing crimes if your going to do the crime then at that moment your not thinking about being on death role. I don’t think they should be put to death they should just sit in a cell for the rest of their life and think about how they destroy other families. A change in views and attitudes about the death penalty are likely attributed to results from social science research. The changes suggest a gradual movement toward the eventual abolition of capital punishment in America (Radelet and Borg, 2000).
murder rates in given areas both before and after an execution. Clear and cole(2000) have
In 1997, 80% of Americans favored the death penalty. A recent national poll found that, that number has significantly dropped to an all time low of 63%percent. In addition, those favoring the death penalty dropped to fifty percent when those polled were asked to assume that the alternative to the death penalty was life in prison with no chance of parole. And, the amount of death sentences imposed in the United States during the recent years has dropped to the lowest level since capital punishment was reinstated. Hence, it would seem that our society’s attitude toward capital punishment is changing as well. What was once ordinary is now abnormal, and what was once essentially unquestioned is now questioned.The debate over the legitimacy or morality of the death penalty may be almost as old as the death penalty itself and, in the view of the increasing trend towards its complete abolition, perhaps as outdated. Capital punishment is horribly flawed, ineffective at deterring crime, completely unethical, outrageously expensive, and has no place in a civilized society.
On July 2, 1976, almost two hundred years since the United States of America passed the Declaration of Independence, the Supreme Court legalized capital punishment (Appendix 1). Capital punishment executed for the crime of theft. Since then there have been an estimated 18,000 to 20,000 people lawfully executed(Espy pp.194). In the eighteenth century, England would punish by death for crimes such as pick pocketing and petty theft. After the 1650's colonist could be put to death for denying the true god or cursing their parents advocates.
The debate over capital punishment has been going on for years, and continues to be an extremely indecisive and complicated issue. The death penalty is a very touchy issue within society. There are many pro's and con's on this issue. On one hand, there are people who claim that capital punishment is a form of vengeance on a killer. One the other hand, there are people who believe that locking someone behind bars for life is vengeance enough. But is it "humane" that an individual who takes the life of another should receive heating, clothing, indoor plumbing and 3 square meals a day? While a homeless person who has harmed no one receives nothing?
The death penalty has been around for centuries. It dates back to when Hammurabi had his laws codified; it was “an eye for an eye, a tooth for a tooth”. Capital punishment in America started when spies were caught, put on trial and hung. In the past and still today people argue that, the death penalty is cruel, unusual punishment and should be illegal. Yet many people argue that it is in fact justifiable and it is not cruel and unusual. Capital punishment is not cruel and unusual; the death penalty is fair and there is evidence that the death penalty deters crime.
Another argument heard at least since Beccaria (4) is that, by killing a murderer, we encourage, endorse, or legitimize unlawful killing. Yet, although all punishments are meant to be unpleasant, it is seldom argued that they legitimize the unlawful imposition of identical unpleasantness. Imprisonment is not thought to legitimize kidnapping; neither are fines thought to legitimize robbery. The difference between murder and execution, or between kidnapping and imprisonment, is that the first is unlawful and undeserved, the second a lawful and deserved punishment for an unlawful act. The physical similarities of the punishment to the crime are irrelevant. The relevant difference is not physical, but social (5).
America’s million dollar question is should capital punishment be allowed? Americans have been blindsided with decisions about the death penalty; in the past many have agreed with the punishment due to lack of knowledge on the issue. Today, information on capital punishment is everywhere. I agreed with most of America on the issue; it should be allowed because of its many beneficial reasons. I believe in “just desert,” that is criminals should receive the same punishment that they used against their victims. If you murder someone intentionally you should receive the death penalty. Finally, society feels relief as the capital punishment protects their own human dignity that are at risk if the accused remains alive; society dignity fails if they don’t punish the accused for they become participators of the crime. Therefore, the occurrence of anarchy is avoided with this punishment as it will serve as deterrence as well. Some philosophers such as Kant and Pojman have agreed with my view while others like Marshall and Bedau have challenged it.
The death penalty has been present, in one way or another, for virtually as long as human civilization has existed. The reasons why are apparent; it is intrinsically logical to human beings that a person who takes the life of another should also be killed. This philosophy is exemplified in the famous Biblical passage, "An eye for an eye, and a tooth for a tooth." However, in light of recent research into ethics, criminology and the justice system, the time has come for us to re-examine our ageless paradigm of revenge. Capital punishment is a custom in which prisoners are executed in accordance with judicial practice when they are convicted of committing a “capital crime.”
Capital punishment goes against almost every religion. Isolated passages of religious scripture have been quoted in support of the death penalty, almost all religious groups in the United States regard executions as immoral. There is no credible evidence that capital punishment deters crime from the streets in America. Scientific studies have consistently failed to demonstrate that executions deter people from committing crime anymore than long prison sentences. Moreover, states without the death penalty have much lower murder rates. Executions are carried out at staggering cost to taxpayer.The funds spent for execution should be used to target the issue of killing and find solutions to help communities unite to demonstrate a more peaceful environment. Recent CNN reported how studies done have found that the death penalty criminal litigation, costs taxpayers far more than seeking life without parole. (CNN, 2015) The states spends millions of dollars to put away death row inmates when the funds could be used to help channel society in tune with how to become more positive and getting help to those who need
Capital Punishment is a controversial topic discussed in today's society. Capital punishment is often not as harsh in other countries as we may call harsh in our country. There is a heated debate on whether states should be able to kill other humans or not. But if we shall consider that other countries often have more deadly death penalties than we do. People that are in favor of the death penalty say that it saves money by not paying for housing in a maximum prison but what about our smaller countries that abide by the rule of the capital punishment. If one were to look at the issues behind capital punishment in an anthropological prospective than one would see that in some cases no one would assume that capital punishment here in the U.S. is bad. Now those opposed say that it is against the constitution, and is cruel and unusual punishment for humans to be put to his or her death. I believe that the death penalty is against the constitution and is cruel and unusual punishment. The death penalty is cruel because you cannot punish anyone worse than by killing them. It is an unusual punishment because it does not happen very often and it should not happen at all. Therefore, I think that capital punishment should be abolished, everywhere.