Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Five philosophies of punishment
Five philosophies of punishment
Five philosophies of punishment
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Five philosophies of punishment
HISTORICAL REVIEW OF ANCIENT CHINA’S DEATH PENALTY
The People’s Republic of China has a long history of punishing criminals by death penalty and those execution methods was very cruel. Generally, the physical penalty in ancient China can be summed up and called as “Five Punishment”. In different dynasty, the nature of the five punishment would be different. Under the five punishment, death penalty usually is the most severe penalty .
The death penalty can be carried out by two types of execution method in ancient china. The first type is homicide which the criminals would be killed by the executioner or other people e.g. death by hanging (絞刑), decapitation (斬首), ling chi (凌遲). The second type is forcing the criminals to commit suicide e.g.
…show more content…
However, in some cases that the crime is too serious e.g. plotting rebellion, the execution area of death execution would be expanded. Not only the offender would be sentenced to death, the collective responsibility would cause the offender’s father and sons that aged above 16 were also put to death .
As time goes by, the Chinese society and its legal system have evolved to be more civilize and democratic. The cruel methods of the execution are no longer exists in modern China. The government want to use some more humane method to execute criminals and there are stricter and more accurate process to determine whether the sentence of death penalty is needed for the criminal.
DEATH PENALTY SYSTEM IN MODERN CHINA
Although the modern Chinese legal system has developed quite late compare to other countries in the world, the death penalty system included in the legal system has developed quite well. Due to respect of human rights, the Chinese government has been trying to eliminate several number of offences from the capital offenses lists. In addition, the government have also paid a lot of effort to design a more detailed legal procedure to prevent miscarriage of justice. Thus, there are few amendments made after the death penalty related law first enacted and took effect on 1979.
CAPITAL OFFENCES IN
Today, China is ranked as the nation with the largest population in the world. It is also a fact that China is amongst one of the countries whose economy is growing at a very rapid rate. It is quite imperative to note that capitalism has been the dominant in this nation, which enables it to not only strengthen, but also capture great regional as well as global influence. Even though China has been rediscovering its ancient tradition elements whilst repackaging them to be in line with modernity, it is evident that the visions embraced are very different from the ones in the West. The Celebrated Cases of Judge Dee is a perfect publication that sheds light to the reader on the various social, political and moral issues that existed in China decades ago and the ways of resolving them. Comparing the legal issues in China decades ago, a thin line can be drawn. This is inherently because nothing much has changed in terms social, political and moral perspectives. The celebrated cases of Judge Dee borrow a lot from the Chinese culture, which defines the standard morals and values for its people. Consequently, the legal system in this nation appears to rely wholly on the defined moral standards in reprimanding wrongdoers.
In her article "The body as attire," Dorothy Ko (1997) reviewed the history about foot binding in seventeenth-century China, and expressed a creative viewpoint. Foot binding began in Song Dynasty, and was just popular in upper social society. With the gradually popularization of foot binding, in the end of Song Dynasty, it became generally popular. In Qing Dynasty, foot binding was endowed deeper meaning that was termed into a tool to against Manchu rule. The author, Dorothy Ko, studied from another aspect which was women themselves to understand and explained her shifting meaning of foot binding. Dorothy Ko contends that “Chinese Elite males in the seventeenth century regarded foot binding in three ways: as an expression of Chinese wen civility,
Capital punishment, also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offence or a capital crime. In those jurisdictions that practice capital punishment, its use is usually restricted to a small number of criminal offences, principally, treason and murder, that is, the deliberate premeditated killing of another person. In the early 18th and 19th century the death penalty was inflicted in many ways. Some ways were, crucifixion, boiling in oil, drawing and quartering, impalement, beheading, burning alive, crushing, tearing asunder, stoning and drowning. In the late 19th century the types of punishments were limited and only a few of them remained permissible by law.
The death penalty has been around for many years, though we do not really hear much about it today. The death penalty was used as a way of punishment for committing the most serious crimes. This punishment was executed in various ways, all of them leading to the death of the person being executed. However, there are reasons why this punishment is no longer being used today. The death penalty dates all the way back to the Eighteenth Century B.C..
A brief history of the death penalty is in order so that one can be aware of this laws nature since that is how one would start to understand how it can be applied most virtuously and to understand its morality. The death penalty can be traced as far back as the Eighteenth Century, B.C.E. where the Code of King Hammurabi of Babylon applied the death penalty to be instated as a punishment for 25 different crimes. Also it has been seen in the Fourteenth Century B.C.E in the Hittite Code; in the Seventeenth Century B.C.E’s Draconian Code of Athens (a code which made the only punishment for all crimes death); and in the Fifth Century B.C.E.’s Roman Law of the Twelve Tablets(this law was the start of a formal law which carried out death sentences by means such as crucifixion, drowning, beating to death, burring alive, and impalement)
In conclusion there are different ways to approach the death penalty the way the United states does it today isnt effective enough. Sometime innocent people may be killed in wrong convictions with not enough evidence. It also cost taxpayers in different states a lot of money. There is no way of way that says that capital punishment affects change. All the people that is killed during this process can not come back so there is no way to change that.
The death penalty has been promoted for thousands of years, for countless crimes committed by humans. The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes. The death penalty was also part of the Fourteenth Century B.C.'s Hittite Code; in the Seventh Century B.C.'s Draconian Code of Athens, which made death the only punishment for all crimes; and in the Fifth Century B.C.'s Roman law of the Twelve Tablets. Death sentences were carried out by such means as crucifixion, drowning, beating to death, burning alive, and impalement. Now in today’s society the most common methods of execution are; firing squad, hanging, and in recent years: lethal injection which is undeniably more humane than any other form of execution throughout history. The death penalty has been used to protect society from the iniquities that mankind has presented itself. The criminals, rapists, murderers, and sadists, who harm innocent people, should undeniably forfeit their own right to live as Margaret Thatcher has stated. The use of capital punishment is essential to the security of our nation and the justice in which those who are innocent and those who are the victims deserve.
The death sentence has become a huge controversy in the United States over the past forty years. Over those forty years there has been a lot of less tax payers and donators willing to pay money to the justice system to execute a criminal. These types of people that have helped to pay in the past for these executions have stopped due to them not wanting a death connected to them in any way, or because they simply see life in prison a more suitable punishment. Without the funding needed, the criminals on death row are not able to receive their proper punishment within a reasonable amount of time. A lot of times the criminals never get their proper punishment due to lack of funding. Also, criminals that commit extreme crimes may not get the death penalty due to it not being registered as capital murder. These are all issues that have affected the death penalty over time.
Capital Punishment Essays - For the Common Good. Putting to death people judged to have committed certain extreme Terrible crimes are a practice of ancient standing, but in the United States. in the second half of the twentieth century, it has become a very controversial issue. Changing views on this difficult issue led the Supreme Court to abolish capital punishment in 1972 but later upheld it in 1977. The 'Standard' of the 'Standard' Although capital punishment is what the people want, there are many.
The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon. The death penalty was also part of the Fourteenth Century B.C. 's Hittite Code; in the Seventh Century B.C. 's Draconian Code of Athens, which made death the only punishment for all crimes; and in the Fifth Century B.C. 's Roman law of the Twelve Tablets. Death sentences were carried out by such means as crucifixion, drowning, beating to death, burning alive, and impalement. In the Tenth Century A.D., hanging became the usual method of execution in Britain. In the following century, William the Conqueror would not allow persons to be hanged or otherwise executed for any crime, except in times of war. Some common
Americans have argued over the death penalty since the early days of our country. In the United States, only 38 states have capital punishment statutes. As of year ended in 1999, in Texas, the state had executed 496 prisoners since 1930. Laws in the United States have changed drastically in regards to capital punishment. An example of this would be the years from 1968 to 1977 due to the nearly 10 year moratorium.
To start off, I will discuss the history of the death penalty. The first established death penalty laws date as far back as the Eighteenth Century B.C. in the code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. Death sentences were carried out by such means as crucifixion, boiling, beheading, drowning, beating to death, burning alive, and impalement.
Capital punishment has been a controversial topic in association to any person condemned to a serious committed crime. Capital punishment has been a historical punishment for any cruel crime. Issues associated to things such as the different methods used for execution in most states, waste of taxpayers’ money by performing execution, and how it does not serve as any form of justice have been a big argument that raise many eyebrows. Capital punishment is still an active form of deterrence in the United States. The history of the death penalty explains the different statistics about capital punishment and provides credible information as to why the form of punishment should be abolished by every state. It is believed
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society along with an underlying, perpetual fear of crime are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfarism and popular punitivism over the course of only a few hundred years.
Capital punishment is the death penalty, or execution which is the sentence of death upon a person by judicial process as a punishment for a crime like murdering another human and being found guilty by a group of jurors who have listen to a court hearing were the District Attorney and the defendant argue their sides of the case. Historical penalties include boiling to death, flaying, disembowelment, crucifixion, crushing (including crushing by elephant), stoning, execution by burning, dismemberment.(2008) The U.S., begin using the electric chair and the gas chamber as more humane execution then hanging, then moved to lethal injection, which in has been criticized for being too painful. Some countries still choose to use hanging, and beheading by sword or even stoning.