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Essays on social contract theory
Controversy over death penalty
Impact of capital punishment
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Introduction: Job David Guerrero lived in downtown San Diego when he was suspected of attacking five homeless men with serious upper-body injuries. Two of which were found dead with their bodies set on fire. Guerrero was linked to the murders form eyewitness testimony and video camera footage. Guerrero should deserve the death penalty under the act of which he commits a murder. This policy of action is morally justified through Lex Talionis, Kantian ethics, Gelernter and the social contract. Although arguments such as Jeffrey Reiman’s might oppose the death penalty and support lesser punishment, my position is a stronger alternative.
Reason 1: According to Kant, one should be punished only because one has committed a crime, and the level of
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One most note that he accepts the principle of Lex Talionis, and even if the death penalty may be just for Guerrero we should avoid it because lesser punishment is not unjust. He argues that the death penalty has not been proven to deter future crime, and if it were effective enough then we would not be facing where we are. Police chiefs also second that the death penalty does not deter crime. Reiman’s strongest proposition against the death penalty is lesser punishment. Life imprisonment is substantially a better deterrent than the death penalty. Aside from the psychological pain execution imposes on beings, Reiman argues that it is not consistent with the purpose of societal progress (Reiman, 5). “We can say that growth in civilization generally marks human history, that a reduction in the horrible things we tolerate doing to our fellows (even when they deserve them) is part of this growth…” Reiman would go on to further object the death penalty due to its bias towards minorities and the poor. In this case, one may agree with Reiman given that Guerrero was living in apartments for the poor. The law would likely not favor
Within the first article, Muhlhausen uses effective rhetorical strategies to prove his point. He discusses how the death penalty is appropriate for heinous crimes. To illustrate, he gives specific facts about Earl Ringo, Jr. who shoots “Poyser to death,” and forces Joanna Baysinger, a manager-in-training, to give him $1,400 in a restaurant robbery (1). The specific detail Muhlhausen uses demonstrates how cruel the crime is. Ringo did not have to shoot the victim and the small amount of money did not warrant the murder of two people, for certain. Furthermore, Muhlhausen uses strong logos to prove the death penalty can actually deter homicides. He uses studies by Drexel University economist Bijou Yang and Richard Stockton College psychologist David Lester which found a “deterrent effect” on the number of murders when the death penalty is used (2). The length of this study, from 1978 to 2005 helps to
In the essay “Death and Justice”, Ed Koch, the former mayor of New York City, presents an argument defending the use of capital punishment in heinous murder cases. In advancing his viewpoint on the subject matter, Koch addresses the arguments made by those who oppose the death penalty. This novel approach to making an argument not only engages the reader more in the piece, but also immediately illustrates his balanced understanding of both sides of the argument. Rather than simply presenting a biased or one-sided argument regarding his opinion, Koch explores a full range of issues surrounding the incendiary issue and displays both balance and erudition in expression his opinion on the issue of capital punishment.
Edward Koch, who was former mayor of New York, wrote an article about one of the most controversial talks called the death penalty. This controversial topic questions if it is right to execute a person for a crime committed or if it is wrong. He made the point that the death penalty is good, in order to conclude that murderers should be punish with this penalty. He was bias in most of the passage, yet he tried to acknowledge other people’s opinion. In this article, Koch gives his supports to the idea to convict a murderer with death penalty by using a tone of objectiveness, shooting for the individuals who opposes his position to be the audience, and have a written form of conviction for the audience.
Bowers, W, Pierce, G., and McDevitt, J.(1984), Legal Homicide: Death as Punishment in America, 1964-1982, 333
An inmate by the name of Gary Graham drew several protestors to a Huntsville unit in the year 2000; they were there in opposition to Graham’s execution. This day finally came after nineteen years on death row and four appeals. With him being a repeat offender he was not new to this side of the justice system, but after being put in prison he became a political activist who worked to abolish the death penalty. People who stood against his execution argued that his case still had reasonable doubt, he was rehabilitating himself, and his punishment would cause major harm to his family. Aside from that you have the advocates arguing that you have to set example for others, so you must carry out the punishment that was given, and while the execution may harm the offender’s family it will give the victims’ families closure for his crimes.
Edward I. Koch uses his essay “The Death Penalty: Can It Ever Be Justified?” to defend capital punishment. He believes that justice for murderous crimes is essential for the success of the nation. The possibility of error is of no concern to Koch and if would-be murderers can be deterred from committing these heinous crimes, he feels the value of human life will be boosted and murder rates will consequently plummet (475-479). Koch makes a valiant effort to express these views, yet research contradicts his claims and a real look at his idea of justice must be considered in order to create a fair nation for all.
This paper will focus on Capital Punishment, which we will define as execution through means of lethal injection administered by an executioner to someone convicted of murder, and for the purpose of this paper murder will be established as killing an innocent person in cold blood. It will concern the dehumanization of the condemned and the inappropriateness of employing the same morality and ethicality to someone who in the eyes of the public have lost all humaneness. Dehumanization will be, for the sake of my argument, classified as depriving someone from his humanity, and by depriving them of humanness, which is essential to ethics; we fracture the foundation of morality and ethics because without humans there is no morality or ethicality. I will argue that Capital Punishment undermines ethical and moral foundations in particular Kant’s theories by dehumanizing the condemned, therefore, opposing ethical arguments supporting Capital Punishment by making morality and ethicality inapplicable to someone who has had his humanity denied to him. I will first outline the various reasons in how the condemned is stripped of their humanity by demonstrating how it violates the value of life and how using it as revenge and as a deterrent of other crimes goes against Kant’s “Practical Imperative” which states that no human being should be seen as a means to an end because this essentially strips him of the right to live for himself. I will also show how Kant’s ethical theory regarding Capital Punishment, in which he indicates that taking a human life should always be punished by taking the offenders life, has contradictions especially in respect to the head of state where the same rules do not apply to them (Avaliani). The authorities are ...
Kant believes in the theory of the categorical imperative, which states that people should “act only in accordance with that maxim through which you can at the same time will that it become a universal law.” (Kant 31) In other words, people should act only in such a way that their actions can become a law that can be applied universally (to everyone). In The Metaphysics of Morals, Kant’s definition of a crime is any act that violates the public law (Kant 105) and the right to punish is “the right a ruler has against a subject to inflict pain upon him because of his having committed a crime.” (Kant 104) According to Kant, laws exist to protect society. Without them, society cannot exist and, thus, they must be enforced in a way such that people who follow the laws are considered members of society, and people that violate the laws lose their right to be members of society and, therefore, must be punished. The level of punishment that should be advocated towards the criminal should be equivalent to the severity of the crime. Simply put, “an eye for an...
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.
First, let us get an understanding of what crime really is, as well as the right to punish. A crime as defined by Immanuel Kant is “a violation of social laws” meaning a violation that would be committed against a society. (www.philosophos.com) In order for a society to be functional it must have laws and regulations regarding these violations and any disobedience with the laws would be subject to punishment. So who can administer these punishments and decide to what degree it will punish? Kant tells us t...
The death penalty has been part of the American judicial system since the country’s founding [1]. Most people see the death penalty as the fairest way to punish those who have killed, because, in the words of Supreme Court Justice Potter Stewart, “the instinct for retribution is part of the nature of man.” I do agree that the deliverance of justice is an important factor in any public policy. However, it is also important to consider the more pragmatic aspects, like the cost to the state. It is possible that the financial cost could be outweighed by the societal benefit. However, upon researching the death penalty, one would discover that the cost of capital punishment is unreasonably high, particularly in the state of California, especially when we consider how rarely the death sentence is actually implemented. In times like these, times of economic turmoil and scarce financial resources, the state cannot afford a system that is so expensive and also so rarely utilized. I believe that, in the state of California, the death penalty is overly expensive and so rarely implemented that it should be abolished.
When a person inquires about death, they never expect that it will arrive early to meet them. A part of these innocent people never see it coming, but they are reconciled with death early as a result of another person’s malicious behavior. These people need to be punished by paying an equal price for what they stole from someone else: their life. Once a person is deemed a killer they are no longer a use to a society, they are a threat. Keeping them alive costs money that could be put to better use. Insurance is granted to them, even though they do not have a job and there are other hard working people who deserve it. They are given a decent home with accommodations that homeless people are forced to live without. There is an abundant amount of gray area in making a decision of this magnitude. The argument of being falsely accused often arises because once a mistake like this is made it obviously can not be undone. However, the Death Penalty is essential to keep the innocent citizens of the country safe.
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
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.
Ethics and morality are the founding reasons for both supporting and opposing the death penalty, leading to the highly contentious nature of the debate. When heinous crimes are com...