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The death penalty and race
Ethical issue of capital punishment
Ethical issue of capital punishment
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Capital Punishment has been used in the United States justice system for many years now, yet one must question whether or not it should be used at all. This paper will look at the Deontological views of capital punishment through the works of Kant’s categorical imperative. Arguments such as the unethical misuse of medical practice by physicians, who swear an oath to do everything in their power to save the lives of the people they care for, while using their expertise on an individual for an execution. Another argument that can be made would be the understanding just what the role of both race and religion may play in making this particular moral issue and question if individuals have a “right to life” and its effect on future execution rulings. Yet we must ask ourselves, can we still justify capital punishment being used today with the same moral standings of Kant’s Categorical Imperative? An alternative method for dealing with individuals rather than simply killing them off, for it is also important to understand the views of whether the ethical practice made by medical physicians, the social attitudes and religious views of capital punishment, and a look into a person’s right to life should play a role in determining the ethical standings of continuing the use of capital punishment in the United States.
Immanuel Kant, a philosopher in the late 1700s, developed what is now known as the categorical imperative which is an important system in determining the moral standings of important issues in regards with an individual’s intuition of moral law. Certain desires a person feels, such as revenge or hatred, are considered what he would call external forces (Wells-Quash,
2010) these external forces could lead individuals to ...
... middle of paper ...
... alternative method for dealing with criminals that do heinous crimes and use a stable universal law (maxim) to what the categorical imperative intended for the good of everyone.
Works Cited
Bessler, J. D. (2002). America's Death Penalty: Just Another Form of Violence. Phi Kappa Phi Forum, 82(1), 13.
Black, L., & Fairbrother, H. (2008). The Ethics of the Elephant: Why Physician Participation in Executions Remains Unethical. American Journal Of Bioethics, 8(10), 59-61.
Iftene, A., & Paşca, N. (2011). RELIGIOUS FOUNDATIONS OF THE PROTECTION OF THE RIGHT TO LIFE. US-China Law Review, 8(6), 511-547.
Wells, S., Quash.B (2010). Introducing Christian Ethics. Massachetts: John Wiley & Sons. (pp. 121-124).
Young, R. L. (1992). Religious Orientation, Race and Support for the Death Penalty. Journal For The Scientific Study Of Religion, 31(1), 76.
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.
Before addressing the dilemma of capital punishment and its relation to Kant's "Respect for Persons" ethics, it is important to be informed of the background of this dilemma. A topic of growing and heated debate in today's society, capital punishment involves many more aspects than the average citizen may think. This controversial practice, which is also commonly referred to as the death penalty, is defined as the legally authorized killing of someone as punishment for a crime. Today, the federal government and thirty-two of the fifty states permit execution for first-degree murder. (Death Penalty Information Center) A majority of executions are carried out through lethal injection, but electrocution, hanging, the gas chamber, and firing squads are still legal in a few states. In states that allow for more than one option, death row inmates are allowed to choose their execution given qualifying circumstances. Under specific circumstances and in certain jurisdictions, treason, kidnapping, aggravated rape, felony murder, and murder while unde...
The question has been raised whether it is moral for a physician to participate in the administration of the death penalty. This is an issue that many professionals in the field have strong opinions about, regardless of their own personal beliefs about the death penalty in general. Physicians are traditionally practitioners of the healing arts; is using this knowledge to put someone to death a corruption of their professional ethics? In order to fully understand the issues surrounding physician participation in the death penalty, it is necessary to explore three main areas of analysis. First, we must survey the ethical justification for the death penalty. If the death penalty itself is morally unjustified, then physician participation in it is, by definition, wrong. Secondly, justification of the death penalty aside, do condemned criminals retain a right to health that the death penalty would violate? Finally, we will examine the special duties of the physician - even if the death penalty in general is justified, is there perhaps a subtler breach of ethical duties by inviting physician participation in the process?
Kant largely focused on Categorical Imperative and had said “Act only according to that maxim by which you can at the same time will that it should become a universal law.” Kant saw the later as somewhat of a moral compass. Kant suggested to people if they were unsure if something was moral or not, to ask themselves what rule they would be following if they did, and they could then determine their
25 Hugo Adams Bedau, The Death Penalty in America: Current Controversies (New York: Oxford University Press, 1997) 250.
With the opinion of multiple authors present, individuals are left to make their own decision concerning the rights of capital punishment. To begin with, Lydia Child is the author of Against Capital Punishment; Child has a negative view towards those associated in supporting capital punishment. With this in mind, Child believes human life is a sacred gift and should not be discriminated against. In addition, Walter Rodgers expresses his feeling throughout the article America’s New Drug of Choice: Revenge. Rodgers reminds citizens life is not all about vengeance. Also, Rodgers reminds people about the history of executing innocent people in our nation. The two previous authors show a few perspectives regarding capital punishment.
Mappes, Thomas A., Jane S. Zembaty, and David DeGrazia. "The Death Penalty." Social Ethics: Morality and Social Policy. 8th ed. New York: McGraw-Hill, 2012. 105-53. Print.
Lewis, Neil A. “Death Sentences Decline, And Experts Offer Reasons.” The New York Times, Late Edition. New York, New York: Dec. 15, 2006. Print.
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?
Pasquerella, Lynn. “The Death Penalty in the United States.” The Study Circle Resource Center of Topsfield Foundation. July 1991. Topsfield Foundation. 03 Feb 2011. Web.
To begin this discussion on mortality, it is necessary to define the moral context. Therefore, for the purposes of this essay, I define the act of regularly torturing people to death without due judicial process as an affront on general morality. Discussions of Kant's views on free will would suggest that this is because taking a person's life deprives them of their free will (Newton). The act of torture, which, by definition, is an activity which the participant does not wish to engage in, also deprives a person of free will. The act of ending a person's life also deprives society of further contributions from that person which is a key element of greater enlightenment. The lack of due judicial process is more ambiguous and is not the major subject of this essay.
The first formulation of the Categorical Imperative “act only according to that maxim by which you can at the same time will that it should become a universal law” seems at face value viable. Nevertheless the lack of guidelines to determine which maxim should be used to describe an action causes problems with the consistency of the Universal Law formulation. Moreover, the abundance of false positives and false negatives suggests a deep problem with the first formulation of the Categorical Imperative that may not be fixable.
Special attention will be given to the topics of deterrence, the families of the victims, and the increased population that has been occurring within our prisons. Any possible objections will also be assessed, including criticism regarding the monetary value of the use of the death penalty and opposition to this practice due to its characteristics, which some identify as hypocritical and inhumane. My goal in arguing for the moral justifiability of capital punishment is not to use this practice extensively, but rather to reduce the use to a minimum and use it only when necessary. Above all else, capital punishment should be morally justified in extreme situations because it has a deterrent effect. Many criminals seem to be threatened more by the thought of death rather than a long-term prison sentence.
Bedau, H. A. (2004). Killing as Punishment:Reflections on the Death Penalty in America. York, Pennsylvania. Maple Press. Northeastern University Press. Print