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Capital punishment ethical theory
Capital punishment ethical theory
Philosophical perspective of capital punishment
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In the 18th century there were often severe and extreme punishment for crimes committed. Ceseare Beccaria, who is the founder of the classical movement, offered his theory in which he believed that there should be a rational and fair system for the organization of crime and punishment. He believed that crimes/offenses were attributed to bad laws and not bad people. Beccaria believed all people should be treated equally and what punishment is given to the poor should be given to the rich. He had the opinion it is better to prevent crimes than to punish them, his thoughts can be summed up as follows; certainty of the crime and how likely it is to happen, the swiftness of the crime and how quickly the punishment is inflicted, and the severity of the crime and how much pain is inflicted. When he talked about prompt punishment, he felt the faster a punishment could be administered after a crime the more just and useful it …show more content…
They also believe that crime can be controlled by the fear of the punishment they could receive. For this reason, deterrents should be created that slightly outweigh what would be gained from the crime. Classical Criminologist’s position on capital punishment is that it is not necessarily a deterrent, long-term imprisonment is a more powerful deterrent. Capital punishment fails to deter criminals that are determined to commit crimes and is of minimal deterrence value. Having criminals face a long and steady jail time is more effective in establishing moral habits than having the criminal put to death, we should choose the least severe punishment, which accomplishes the deterrence. Life imprisonment is the preferred mode of punishment for the worst crimes and will have more of a lasting impression than capital
There is a common knowledge that capital punishment would prevent people from committing crime. But until now, there has not been any actual statistics or scientific researches that prove the relationship between the capital punishment and the rate of crimes. According to Jack Weil, “criminals, who believe that their chances of going to jail are slight, will in all probability also assume that their chances of being executed are equally slight. Their attitude that crime pays will in no way be altered” (3). Most people commit a crime when they are affected by the influence of drugs, alcohol or even overwhelmed emotions, so they cannot think logically about they would pay back by their lives. Also, when criminal plan to do their crime, they prepare and expect to escape instead of being caught. Some people believe that the threat of severe punishment could bring the crime rates down and that capital punishment is the ultimate crime deterrent. However, in fact, the rate of ...
According to Radelet & Borg (2000), deterrence was, in the past, the most frequently-cited reason for arguments in support of the death penalty. The claim stems from a belief that potential criminals will be less likely to commit severe acts of violence if they know that those who carried out similar crimes before them were put to death – in much the same way that heads on pikes at the gates of a city were intended to deter criminal activity in the Middle Ages. Recently, however, many studies have concluded that the death penalty offers no significant deterrent effects, and the few which claim to find support for these effects have received substantial criticism (Radelet & Borg, 2000). The majority of both criminologists and law enforcement officers surveyed expressed that they do not believe the death penalty offers any difference in the amount of violent crimes committed (Radelet & Borg, 2000).
Deterrence theorists view murder as rational behavior, and assume that in calculating the gains and losses from killing, potential offenders are aware of the death penalty and regard it as a more severe sanction than imprisonment. Because the threat of one's own death presumably outweighs the rewards gained from killing another, murder is not an option for most people and always discouraged. In addition, some noted proponents assert that capital punishment provides an important educative function in society by validating the sanctity of human life (Berns, 1979; van den Haag, 1975; van den Haag & Conrad, 1983). Despite this logic, some challenge the applicability of deterrence to murder. Rather than being a product of deliberation and calculation, it is known that most murders are emotionally charged and their crimes are spontaneous events; they are "acts of passion" or result from a situated transaction rather than from deliberation (Bowers & Pierce, 1980; Chambliss, 1967; Luckenbill, 1977). Indeed, a significant proportion of homicides may not be intended. The situation escapes calm discussion, or due to some extraneous factor, an assault victim dies. Under such conditions, it is unlikely that perpetrators ("killers") give serious thought to whether they reside in a death penalty jurisdiction, or the possibility of execution.
Proponents of capital punishment believe that killing criminals is a moral and ethical way of punishing them. They feel there is justification in taking the life of a certain criminal, when in fact that justification is nothing more than revenge. They also feel that the death penalty deters crime, although there have been no conclusive studies confirming that viewpoint (Bedau).
Capital punishment has as its aim not only the punishment of criminals but also the prevention of similar crimes. Unfortunately, capital punishment does not in fact deter criminal acts, as most supporters of the death penalty expect. Michael Meltsner points out that "capital punishment was justified as a deterrent to crime, yet the killing [has been] done infrequently and in privacy" (3); these factors lead to the ineffectiveness of capital punishment as a deterrent. The infrequent administration of capital punishment stems from the vast differences in each case and the legal variations among the states that permit capital punishment. Currently, t...
Narration: Proponents believe that the death penalty is an effective way to stop crime. They believe that the death penalty is a deterrent, so this should mean if the death penalty is the consequence then people will think twice about committing a crime that could result in the death penalty.
In the book On Crimes and Punishments; the author; Cesare Beccaria talks about the justice system and the changes that he believes will make society better for all the citizens. In many of Cesare Beccaria’s statements he argues that to lower crimes, all citizens should be treated equally to have society properly function. Despite the changes that Cesare Beccaria made on equality, there is still a lot of hard work to be done to attain equality worldwide even to this day. Beccaria believes that certain aspects of the law have to change so that everyone could be treated the same even if they are of a different class divisions as well as if they have been accused of a given crime.
3) Though the claim that death penalty serves as a deterrent is valid, it is controversial in its soundness. It is sound that criminals fear the death penalty. Indeed, death penalty is fearful, as it is irrevocable and takes away the life and future of the criminal sentenced to it. However, the evidences supporting the second premise that is the core function of the claim for the deterrence argument is too excessive. In the letter, the author first presents his own experience to prove that the fear of death penalty deters offenders from carrying a gun. However, using an experience as a proof for deterrence for such a complex and serious punishment as the death penalty is extreme. While supporters of the author may respond with the author’s credibility as a police officer for thirty years, personal experience and insight can’t be extrapolated with possibilities of bias...
"Today's system, where imprisonment is a common penalty for most crimes, is a historical newcomer." Many crimes during 1718 and 1776 were punishable by death. This was usually done by hanging, sometimes by stoning, breaking on the rack and burning at the stake. Towards the end of the 1700's people realized that cruel punishment did little to reduce crime and their society was changing the population grew and people started to move around more frequently. There had to be a search for new punishments. "New punishments were to rely heavily on new ideas imported from Europe in the writing of such social thinkers of the Enlightenment as the baron de Montesquieu, Voltaire, Thomas Pain and Cesare Beccaria". These thinkers came to believe that criminals could be rehabilitated."
On the other side of the debate, there are those that believe that the death penalty is a deterrent. For most criminals, they are aware of the fact that if they get caught, they will be sent to prison. However, other than being sent to prison, there are not really any other repercussions for committing a crime. They argue that if a person were to be presented with the possibility of the death penalty, they would more than likely think twice about their actions and realize that there are more risks than just im...
He explained that capital punishment violated the social contract. Social contract is the understanding between citizens and law enforcement basically stating that citizens willingness to give up their
It also advocated for the abolition of the death penalty. Discretion used by judges was unlimited, which saw extremely inconsistent and harsh penalties applied to offenders, with disadvantaged offenders being given much harsher penalties than those offenders with a higher social status (Monachesi, 1955). The Classical School of Criminology worked off four main principles: firstly, that individuals act according to their rationality and their own free will, secondly, individuals will weigh up the benefits of committing the crime and compare the benefits to the consequences if they are caught, thirdly, the severity of the punishment must be tied closely with the severity of the crime to act as a deterrent to others and finally, the punishment must be carried out swiftly in an attempt to deter and reduce further crime (Jenkins,
"Common sense, lately bolstered by statistics, tells us that the death penalty will deter murder... People fear nothing more than death. Therefore, nothing will deter a criminal more than the fear of death... life in prison is less feared. Murderers clearly prefer it to execution -- otherwise, they would not try to be sentenced to life in prison instead of death... Therefore, a life sent...
Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the law by individuals then that individual should be punished accordingly.
Schonebaum, Stephen E. "A Swifter Death Penalty Would Be An Effective Deterrent." Does Capital Punishment Deter Crime? San Diego: David L. Bender; Greenhaven Press Inc. 1998. 18.