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Ethics about capital punishment
Debate over capital punishment
Ethical issue capital punishment
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relativism, in that there can be no consideration of other perspectives because it is argued that there is only one “true” perspective (Balraj Chauhan & Mridul Srivastava, 2009). A good example is the capital punishment. Despite these arguments of ethical views, capital punishment is an intense controversial issue of the criminal justice around the world, especially in these countries of interest; United States, Iran, Japan, Saudi Arabia and China. This will also raise and answer the questions of how just is the criminal justice system is and how the practice of capital punishment (inhuman or justifiable) is viewed in the society, economically, socially, religiously, and politically. Capital punishment is of great concern to many because of …show more content…
As a result of capital punishment, experimental execution has become another ethical issue that the criminal justice system need to address. An example, as written by Shah, states that on July 23, 2014, an execution in Arizona lasted nearly two hours, with the inmate struggling to breathe and gasping over 600 times, according to a local reporter witnessing the execution. This was the third example of a botched execution in seven months. The Supreme Court last evaluated the constitutionality of execution by lethal injection in 2008, but did not provide a clear standard for evaluating risks. Since that time, the lethal injection landscape has transformed. States are using entirely new drugs and drug combinations, and sometimes obtain these drugs from questionable sources, making it hard to predict what will happen in any given execution. The Court has now granted certiorari to examine the constitutionality of Oklahoma’s lethal injection protocol in the case of Glossip v. Gross. But none of these arguments can stand to be the fundamental view of criminal justice ethics even in obvious situations or problems. In fact, these argumentations are the causes of the criminal justice ethical problems because there is no autonomy principle in any one of the arguments that represent an absolute standardize measure of adjudicating justice. As a result of this, …show more content…
Yet it is all the more important that they do so now. Prosecutorial power has increased as our criminal justice system has moved away from an adversarial system to one of negotiated pleas. Sentencing is more often than not dictated by mandatory minimums or guidelines calculations, which vests more power in the prosecutor through charging decisions. The traditional tools for checking prosecutorial abuse—judges and the juries—have a much smaller role in the process than they once did. Finally, remedial measures, like suits for damages, are all but nonexistent. As a delegate to the Constitutional Convention remarked: "The life of a citizen ought not to depend on the fiat of a single person. Prejudice, resentment, and partiality are among the weaknesses of human nature, and are apt to pervert the judgment of the greatest and best of men. But because the life or liberty of the accused now depends increasingly on the decisions of one person, the prosecutor's commitment to seeking justice is all the more important. Here, we try to identify what one facet of seeking justice means and then examine the somewhat more beguiling question of how it could be better sought (Don J. DeGabrielle & Eliot F. Turner, Spring 2013). With the existence of ethics in criminal justice, prosecutors should be aware that their ethical obligations can exceed their constitutional ones. The
Steve Bogira, a prizewinning writer, spent a year observing Chicago's Cook County Criminal Courthouse. The author focuses on two main issues, the death penalty and innocent defendants who are getting convicted by the pressure of plea bargains, which will be the focus of this review. The book tells many different stories that are told by defendants, prosecutors, a judge, clerks, and jurors; all the people who are being affected and contributing to the miscarriage of justice in today’s courtrooms.
“A Death in Texas” by Steve Earle is the true-life story of a friendship that occurred over ten
people in these 21st century society wonder, “When is Justice to be done?” For district attorneys,
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
"Capital punishment is a term which indicates muddled thinking." George Bernard Shaw The "muddled thinking" that Shaw speaks of is the thinking that perpetuates the controversy over capital punishment in the United States today. The impractical concurrence of a theoretical, moral argument and definite, legal application has left all sides in this controversy dissatisfied with the ultimate handling of the issue. There are legitimate ethical and empirical considerations that stand on both the side that favors and on the side that opposes the death penalty. The general incompatibility of these considerations renders them irreconcilable. It is within this condition of irreconcilability that the government must initiate and implement its policies regarding capital punishment. This fixed condition has led to the necessity for and creation of comprises between both sites of this debate, attempting to synthesize the considerations of the two. The contentious issue of the capital punishment was rekindled in the 1970s when, in 1976, the Supreme reinstated the practice after a four-year hiatus. The arguments that comprise much of the legal debate on the issue stem from the eighth and fourteenth amendments to the United States Constitution. The eighth reads, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." 1
In closing, the criminal trial process has been able to reflect the morals and ethics of society to a great extent, despite the few limitations, which hinder its effectiveness. The moral and ethical standards have been effectively been reflected to a great extent in the areas of the adversary system, the system of appeals, legal aid and the jury
Over the years the ways executions are performed have changed significantly to be less gruesome, Though even with these changes capital punishment still remains as inhumane and unconstitutional as it was before and effecting the lives of several people. The eighth amendment holds a strong cases against capital punishment. According to the University of Minnesota Human Rights Library the eighth amendment states “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. When our country allows these executions to continue it is allowing our rights to be trampled, no one deserves to be treated inhumanely. Beyond our constitutional rights being trampled, there has also been an extreme shortage in the three step drugs used in executions due to Pharmaceutical companies not wanting to be part of killing when there sole purpose is to provide to help people survive. That leaves one with the question, if there is a shortage in these drugs how are facilities still administering lethal injections? The answer is simple. “States are now buying drugs from illegal sources, ordering new ones from compounding ph...
Two major claims: death penalty serves as a deterrent and death penalty is morally justified because murderers can’t live and you have a right to kill them.
While one person lays with their wrists circumscribed to the worn leather of the gurney, another person holds two skin-piercing needles. The individual holding the needles is an inexperienced technician who obtains permission from the United States federal government to murder people. One needle is held as a precaution in case the pain is too visible to the viewers. Another dagger filled with a lethal dosage of chemicals is inserted into the vein that causes the person to stop breathing. When the cry of the heart rate monitor becomes monotone, the corrupt procedure is complete. Lying in the chair is a corpse when moments ago it was an individual who made one fatal mistake that will never get the chance to redeem (Ecenbarger). Although some people believe that the death
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
Capital punishment is a difficult subject for a lot of people because many question whether or not it is ethical to kill a convicted criminal. In order to critically analyze whether or not it is ethical, I will look at the issue using a utilitarianism approach because in order to get a good grasp of this topic we need to look at how the decision will impact us in the future. The utilitarianism approach will help us to examine this issue and see what some of the consequences are with this topic of capital punishment. For years, capital punishment has been used against criminals and continues to be used today, but lately this type of punishment has come into question because of the ethical question.
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. The laws in the United States have change 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. During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes.”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment. While we may all want murders off the street, the problem we come to face is that is capital punishment being used for vengeance or as a deterrent.
The Ethics of Capital Punishment Ethics is "the study of standards of right and wrong. " philosophy dealing with moral conduct, duty and judgement. ' [1] Capital Punishment is the death penalty for a crime. The word "capital" in "capital punishment" refers to a person's head as in the past. people were often executed by severing their heads from their bodies.
Common American experience seems to suggest that a solution to every dilemma can be found through enough lobbying, legislating, media-blitzing or politicking. We often believe that the person arguing most eloquently, reasonably or forcefully will win every dispute, yet there are times when this optimism fails. Despite great efforts to show the strength of a position, there are arguments that we cannot untangle simply by proving our right and another's wrong. Some moral questions permit such different outlooks that holders of completely opposing views can both be morally sound. Rather than trying to reason away one side we can only hope to understand each position well enough to acknowledge its critical elements and keep bitter dissension to a minimum.
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.