Case For Capital Punishment

675 Words2 Pages
bulb-icon

Recommended: Challenges of restorative justice

From the pre-historic clans to the modern-day countries, the majority of social units have carried the notion of justice, and therefore systems of punishment are almost innate to human nature. As legal mechanisms evolved to be more sophisticated and elaborate, the suitability of a punishment developed to be matter worthy of intricate analysis. In order to achieve an impartial system of punishment, modern nations have come up with a commonly agreed set of criteria consisting of six theories. “These theories are deterrence, retribution, just deserts, rehabilitation, incapacitation, and more recently, restorative justice.” (Banks, 103) While each of the aforementioned criteria could be analyzed single-handedly or in a cumulative manner, the present essay focuses on consequential outcomes of Death Penalty execution or lack thereof through retribution theory in the notorious case of the Clutter family killings and robbery of November 15, 1959. In spite of writer Truman Capote’s sympathetic stance towards the murderers Richard "Dick" Hickock and Perry Edward Smith in his non-fiction novel In Cold Blood, revolving around the Clutter massacre and its aftermath, the incident itself is concrete proof that Death Penalty should be actively practiced.
Although the theory of retribution roots from the ancient principle of “An eye for an eye, a tooth for a tooth ” traced all the way back to Hammurabi’s reign, the contemporary understanding of retribution is much more intricate. As stated in the essay “Why the Death Penalty is Morally Permissible” by Professor Emeritus of Philosophy Louis P. Pojman, “Retributivism is not based on hatred for the criminal (though a feeling of vengeance may accompany the punishment). Retributivism is the theory th...

... middle of paper ...

...ers opened up a deep wound in the trust of a minuscule town of “two hundred and seventy” (Capote, 5). In the mid-1950’s, Holcomb was a conservative society in Kansas, where everyone knew each other and trusted each other, until the Clutter killings took place, “But afterward the townspeople, theretofore sufficiently fearful of each other to seldom trouble to lock their doors, found fantasy in re-creating them over and again- those somber explosions that stimulated fires of mistrust in the glare of which many old neighbors viewed each other, strangely as strangers. (Capote, 5) The harm given to the body of citizens as a whole, and the psychological damage that took place on an individual level to each citizen is also a noteworthy point of the impact of the murders. Disturbing the peace of mind of an entire town in cold blood is not a course of action to be chosen by

Show More
Related

  • Sherman Alexie and Native American Writing

    1428 Words  | 3 Pages

    Randa, Laura E. “Society’s Final Solution: A History and Discussion of the Death Penalty.” (1997). Rpt.in History of the Death Penalty. Ed. Michael H. Reggio. University Press of America, Inc., 1997. 1-6 Print.

    Read More

  • The Theme Of Power In Truman Capote's In Cold Blood

    1349 Words  | 3 Pages

    On the contrary, people were so desperate for information, they were grasping at any leads and ideas they could possibly find. As soon as the citizens of Holcomb found out about the murder, people would go out of their way to gossip about it. “’Since the trouble started, we’ve been doing all the business we can handle,’ Mrs. Hartman said, gazing about her snug domain, every scrap of which was being sat or stood or leaned upon…’It’s time for everyone to stop wagging loose tongues’ Because that’s a crime, too- telling plain-out lies. But what can you expect? Look around you. Rattlesnakes. Varmints. Rumormongers. See anything else? Ha! Like dash you do!’” (Capote, 113) The case of the multiple murder by Hickock and Smith justifies its telling all on its own. Truman Capote wasn’t the only one telling this story- it was the two hundred and sixty people who populated Holcomb and whoever else heard of the tragedy. Holcomb was a small, religious, and old fashioned town in the middle of Kansas. The elite of the town were all prominent religious people. Everyone knew everyone, no one locked their doors at night- until all of a sudden a well-known and uniformly loved family is violently murdered. Suddenly a neighbor wasn’t a neighbor anymore. The populace conformed to a general atmosphere of distrust and

    Read More

  • What Are The Pros And Cons Of The Death Penalty

    2104 Words  | 5 Pages

    This paper will examine the pros and cons of the death penalty. Is it a deterrent or is that a myth. Does it give the family of the victim peace or does it cause them to suffer waiting for appeal after appeal. What are the forms of execution and any evidence of them being cruel and usual punishment. Is the death penalty fair if there are glaring, disparities in sentencing depending on geographic location and the color of the offender and victim’s skin?

    Read More

  • The Case Against The Death Penalty

    869 Words  | 2 Pages

    It's dark and cold, the fortress-like building has cinderblock walls, and death lurks around the perimeter. A man will die tonight. Under the blue sky, small black birds gather outside the fence that surrounds the building to flaunt their freedom. There is a gothic feel to the scene, as though you have stepped into a horror movie.

    Read More

  • A Defense Of Retributivism Essay

    1823 Words  | 4 Pages

    This paper considers the desert arguments raised to support retributivism, or retribution. Retributivism is "the application of the Principle of Desert to the special case of criminal punishment." Russ Shafer-Landau and James Rachels offer very different perspectives on moral desert which ground their differing views on the appropriate response to wrongdoing. In "The Failure of Retributivism," Shafer-Landau contends that retributivism fails to function as a comprehensive theoretical foundation for the legal use of punishment. In contrast, in his article "Punishment and Desert," Rachels uses the four principles of guilt, equal treatment, proportionality and excuses to illustrate the superiority of retribution as the basis for the justice system over two alternatives: deterrence and rehabilitation. Their philosophical treatment of the term leads to divergence on the justification of legal punishment. Ultimately, Rachels offers a more compelling view of desert than Shafer-Landau and, subsequently, better justifies his endorsement of a retributive justice system.

    Read More

  • Capital Punishment - An Appropriate Form of Punishment

    902 Words  | 2 Pages

    Since the early settlers first stepped foot on what is now the United States of America, capital punishment has been reserved as a form of punishment for the people who have committed some of society’s most heinous crimes. Recently, support of capital punishment has begun to erode due to the advancements of DNA technology and groups, such as the Innocence Project. Capital punishment, however, remains to be an appropriate form of punishment for someone convicted of capital crimes, and may be effective in deterring such offenses.

    Read More

  • Different Ways To Humanize The Killers In Truman Capote's In Cold Blood

    1485 Words  | 3 Pages

    Truman Capote finds different ways to humanize the killers throughout his novel In Cold Blood. He begins this novel by explaining the town of Holcomb and the Clutter family. He makes them an honest, loving, wholesome family that play a central role in the town. They play a prominent role in everyone’s lives to create better well-being and opportunity. Capote ends his beginning explanation of the plot by saying, “The suffering. The horror. They were dead. A whole family. Gentle, kindly people, people I knew --- murdered. You had to believe it, because it was really true” (Capote 66). Despite their kindness to the town, someone had the mental drive to murder them. Only a monster could do such a thing --- a mindless beast. However,

    Read More

  • Death Penalty in the U.S

    1231 Words  | 3 Pages

    In this paper I will argue for the moral permissibility of the death penalty and I am fairly confident that when the case for capital punishment is made properly, its appeal to logic and morality is compelling. The practice of the death penalty is no longer as wide-spread as it used to be throughout the world; in fact, though the death penalty was nearly universal in past societies, only 71 countries world-wide still officially permit the death penalty (www.infoplease.com); the U.S. being among them. Since colonial times, executions have taken place in America, making them a part of its history and tradition. Given the pervasiveness of the death penalty in the past, why do so few countries use the death penalty, and why are there American states that no longer sanction its use? Is there a moral wrong involved in the taking of a criminal’s life? Of course the usual arguments will be brought up, but beyond the primary discourse most people do not go deeper than their “gut feeling” or personal convictions. When you hear about how a family was ruthlessly slaughtered by a psychopathic serial killer most minds instantly feel that this man should be punished, but to what extent? Would it be just to put this person to death?

    Read More

  • The Need for Capital Punishment in America

    1160 Words  | 3 Pages

    It is the firm belief and position here that committing such a crime as murder is punishable by death. Americans should take a position for anyone on death row, to be executed sooner rather than later.

    Read More

  • In Cold Blood: Nature vs Nurture

    877 Words  | 2 Pages

    The detailed account of the killers’ childhoods makes the reader sympathize with the Clutter family’s killers Smith and Hickock. Should they reserve the death penalty? Did Truman Capote take a stand on the death penalty? By giving the reader a detailed account of Perry Smith’s and Dick Hickock’s childhood, Capote sets up the reader for a nurture vs. nature debate on the death penalty. The question then becomes, do the effects (if any) caused by environment in childhood make for a trained killer or a natural born one?

    Read More

  • Justice vs Revenge

    1309 Words  | 3 Pages

    Norms of Revenge. 4. Blackwell Publisher, 1990. 862. eBook. . Bar-elli, G. and Heyd, D. (1986), Can revenge be just or otherwise justified?.

    Read More

  • Capital Punishment Justified

    1152 Words  | 3 Pages

    I believe that under certain circumstances that capital punishment should be allowed because if someone is going to commit mass murder they should pay with the ultimate human right which is of their life. This topic has been widely thought of in the world with a few philosophers really encompassing my views. Those are the views of Ernest Van Den Haag and Bruce Fein. Philosophers who oppose our views are such like Justice William Brennan and Hugo Adam Bedau. I will prove my point using the ideas of deterrence and morality of the issue of capital punishment. If the government would show that if you kill someone there will be a consequence for their actions and that the consequence would be equal to what they have done. The population will see that it isn’t worth taking another humans life. If we were to kill people that are committing these mass killings of innocent people there would not be as many criminals around. Therefore the streets would be a place people wouldn’t be afraid of anymore.

    Read More

  • The Merits of Capital Punishment

    873 Words  | 2 Pages

    Murder! Rape! Terrorism! Most consider the people that commit these heinous crimes, but some say these people deserve a second chance. The Debate over the merits of capital punishment has endured for years, and continues to be an extremely complicated issue. Adversaries of capital punishment point to the Marshalls and the Millgards, while proponents point to the Dahmers and Gacys. Capital punishment is the legal infliction of the death penalty on persons convicted of a crime (Cox). It is not intended to inflict any physical pain or any torture; it is only another form of punishment. It is irrevocable because it removes those punished from society permanently, instead of temporarily imprisoning them. The usual alternative to the death penalty is life-long imprisonment.

    Read More

  • Capital Punishment: Is It Right or Wrong?

    2333 Words  | 5 Pages

    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.

    Read More

  • Essay On Justice In The Crime Story

    1804 Words  | 4 Pages

    Justice has a variety of meanings from a variety of people (Elliott, 2011, pg. 47-52). Justice can refer to revenge, it can refer to the treatment of people in a manner that would constitute as equal, or it can be to give anyone their due (Elliott, 2011, pg. 47-48). Nonetheless, for the sake of relevancy, justice in relation to punishment will only be considered (Elliott, 2011, pg. 52). The reason for this is due to the fact that this essay will discuss a crime story, and the tendency is to believe that a just response to crime would be punishment. For instance, according to George Herbert Mead (1918: 582), justice can be sought through conviction and punishment (1918: 582); therefore, conviction and then punishment such as incarceration can equate to

    Read More

More about Case For Capital Punishment

Open Document