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Capital punishment vs lifetime imprisonment
Kants view on the death penalty
Life sentence vs death penalty
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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.
Kant conditionally agreed with the death penalty. He created a conception of human dignity that gave people this special value. He believed that human dignity is a person’s worth and must be respected. Hence, the death penalty is approved because respecting human dignity would require capital punishment for a murderer. Human dignity is essential and special because everyone attains it. Human dignity is based on a special kind of worth that does not vary and is a value that everyone attains equally (this equality serves as the basis for equal human rights). Human dignity is not to be confused with the usefulness of a person, their talents, values, or luck because these are all extrinsic attri...
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...has become increasing infamous in certain cases because life in prison was not enough of a punishment for certain offenders. Life in prison for a murder does not meet the principal of equality or the strict equality concept; a horrible life does not equal to a non-existing life.
References:
• Bedau, H. A. (2004). Killing as Punishment:Reflections on the Death Penalty in America. York, Pennsylvania. Maple Press. Northeastern University Press. Print
• Ezorsky, G. (1972). Philosophical Perspectives on Punishment. Justice and Punishment. Albany, New York. State University of New York. Print.
• Marshall, T. The Death Penalty is a Denial of Human Dignity. Retrieved from: http://eres.lib.jjay.cuny.edu/eres/download.aspx?doc21.ID=155828.1
• Pojman, L.P. For the Death Penalty. Retrieved from: http://eres.lib.jjay.cuny.edu/eres/download.aspx?docID=21929&shor
In the argument for abolishing or retention of the death penalty, Igor Primoratz took the Pro-retributivism stand for the retention of the death penalty. In Primoratz’s “A Life for A Life,” he argues against the abolitionists utilitarianism stand on the issue of the death penalty. Primoratz argues on the premises that- (a) “Punishment is morally Justified insofar as it is meted out as retribution for offense committed” (Primoratz 356.) (b) Death is the only proportional punishment for murder; (c) Death is the only effective deterrence measure for murder. In response to Primoratz choice to use Kant’s Retributivism argument as the basis for his pro-retention argument for the death penalty, similarly Kant’s Categorical Imperative will be used as a measuring stick to validate or refute Primoratz’s argument for the retention of the death penalty.
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.
Koch, Larry Wayne, John F Galliher, and Colin Wark, The Death of the American Death Penalty : States Still Leading the Way. Boston: Northeastern University Press, 2012, Ebscohost Ebook.
Throughout America’s history, capital punishment, or the death penalty, has been used to punish criminals for murder and other capital crimes. In the early 20th century, numerous people would gather for public executions. The media described these events gruesome and barbaric (“Infobase Learning”). People began to wonder if the capital punishment was really constitutional.
The death penalty, as administered by states based on their individual laws, is considered capital punishment, the purpose of which is to penalize criminals convicted of murder or other heinous crimes (Fabian). The death penalty issue has been the focus of much controversy in recent years, even though capital punishment has been a part of our country's history since the beginning. Crimes in colonial times, such as murder and theft of livestock were dealt with swiftly and decisively ("The Death Penalty..."). Criminals were hanged shortly after their trial, in public executions. This practice was then considered just punishment for those crimes. Recently though, the focus of the death penalty debate has been on moral and legal issues. The murderers of today's society can be assured of a much longer life even after conviction, with the constraints of the appeals process slowing the implementation of their death sentence. In most cases, the appeal process lasts several years, during which time criminals enjoy comfortable lives. They have television, gym facilities, and the leisure time to attend free college-level classes that most American citizens must struggle to afford. Foremost, these murderers have the luxury of time, something their victims ran out of the moment their paths crossed. It is time this country realized the only true justice for these criminals is in the form of the death penalty. The death penalty should be administered for particularly heinous crimes.
There are over sixty offenses in the United States of America that can be punishable by receiving the death penalty (What is..., 1). However, many individuals believe that the death penalty is an inadequate source of punishment for any crime no matter how severe it is. The fact remains, however, that the death penalty is one of the most ideal forms of punishment. There are other individuals who agree with the idea that capital punishment is the best form of punishment. In fact, some of these individuals believe that this should be the only form of punishment.
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.
25 Hugo Adams Bedau, The Death Penalty in America: Current Controversies (New York: Oxford University Press, 1997) 250.
“The Death Penalty in America: A Cultural and Historical Analysis.” Supreme Court Debates (2004): pp. 259-288.
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?
This essay will discuss the various views regarding the death penalty and its current status in the United States. It can be said that almost all of us are familiar with the saying “An eye for an eye” and for most people that is how the death penalty is viewed. In most people’s eyes, if a person is convicted without a doubt of murdering someone, it is believed that he/she should pay for that crime with their own life. However, there are some people who believe that enforcing the death penalty makes society look just as guilty as the convicted. Still, the death penalty diminishes the possibility of a convicted murderer to achieve the freedom needed to commit a crime again; it can also be seen as a violation of the convicted person’s rights going against the Eighth Amendment of the United States Constitution.
When someone is legally convicted of a capital crime, it is possible for their punishment to be execution. The Death Penalty has been a controversial topic for many years. Some believe the act of punishing a criminal by execution is completely inhumane, while others believe it is a necessary practice needed to keep our society safe. In this annotated bibliography, there are six articles that each argue on whether or not the death penalty should be illegalized. Some authors argue that the death penalty should be illegal because it does not act as a deterrent, and it negatively effects the victim’s families. Other scholar’s state that the death penalty should stay legalized because there is an overcrowding in prisons and it saves innocent’s lives. Whether or not the death penalty should be
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.
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 welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
Capital punishment is now illegal in many countries, like the United Kingdom, France and Germany, but it is also legal in many other countries, such as China and the USA. There is a large debate on whether or not capital punishment should be illegal all over the world, as everyone has a different opinion on it. In this essay, I will state arguments for and against the death penalty, as well as my own opinion: capital punishment should be illegal everywhere. Firstly, many believe capital punishment should be reinstated in the United Kingdom because of the financial cost of prisoners. Annually, it costs about £26,978 per prisoner when they are in jail.