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Determining the morality of capital punishment philosophy and essay
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The court handles all cases with extreme seriousness; however, different cases are handled differently. For instance, murder cases have different pre-trial procedures to be followed as compared to a case like violation of traffic rules. This paper outlines philosophers’ view of punishment and how the County District Court Division handles capital punishment. To begin with, punishment is an act that involves intentional infliction of agony or misery to a person for wrong doing, with the aim of correction. Capital punishment involves penalty by death or life imprisonment killing of the person who has been found guilty. In Philosophers endeavors to justify punishment, they have come up with theories, which explain the core objective of punishment. The theories are Utilitarianism and Retributivism (Fieser, 2001). Utilitarianism is a theory that seeks to identify the consequence of administering punishment. It explains that punishment should serve to dissuade a potential offender from committing a crime. This could be done by setting clear laws, which outlines the punishment for specific crime committed. The theory also proposes punishment as a way of rehabilitating the offender. For instance sentencing an offender to do community work should be done with the aim of improving the character of the offender (Fieser, 2001).On the other hand, Retributivism is a theory that advocates proportionate punishment to any wrongdoer. The theory invokes the retaliation principle, which stipulates that a person, who kills another, should also be killed. The proponent of this theory, Immanuel Kant, seems to be in agreement with the existence of capital punishment in some states. However, to rule out chances of an innocent person being pu... ... middle of paper ... ...ions. However, sometimes judges overrule the jury’s recommendations and impose death penalty rather than life imprisonment (Death Penalty, n.d). In conclusion, statistics indicates that many inmates were executed in the year 2009 compared to 2008. In 2008, 37 inmates from nine states were executed either by lethal injection or electrocution. The following year recorded the execution of 52 inmates (Capital Punishment Statistics, 2008). Works Cited Capital Punishment Statistics, (2008). U.S. Department of Justice. Retrieved from http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=1757.html Death Penalty, (n.d.). Death Penalty Information Centre. Retrieved from http://www.spectacle.org/linkpgs/deathpenalty.html Fieser, J. (2001). Capital Punishment. The Internet Encyclopedia of Philosophy. Retried from http://www.iep.utm.edu/p/punishme.htm#H5. html
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.
The death penalty in American society using the deontological and teleological argument is in the deontological perspective, believes that the death penalty is a morally appropriate punishment and also views capital punishment as being immoral. In deontological argument, it will place moral emphasis on the intentions of his or her actions. The deontological ethics does not focus on the actual consequences. A deontological defense of punishment is likely to be a retributive justification. According to Kant, he believes in the retributive punishment, which is known as the idea of “an eye for an eye”, meaning the law says that we should punish someone not because what they did was wrong, but to just punish them for the sake of punishing.
“ ….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).
Consequentialism is a punishment theory that provides moral justification for punishment by taking into account future consequences and by weighing the intrinsic value of a punishment against other available alternatives. The primary rationale for punishment is to bring the most good over harm, to deter or prevent crimes from occurring in the first place and to prevent future crimes from being committed. Utilitarianism would even consider punishing the innocent or pass a more severe sentence for a lesser crime if it could be determined that benefits to society outweighed the consequences of such punishment (Howard). For example, if it were believed that better crime deterrence or prevention could be achieved, a consequentialist would consider executing a murderer versus handing down a life sentence. Retributivism is a punishment theory that looks back at the specific nature of a crime and determines how much the victim suffered, in order to morally justify the severity of punishment. The moral emphasis is on righting a wrong and seeking justice by ensuring that criminals get what the...
Andre, Claire, and Manuel Velasquez. “Capital Punishment.” Our Duty or Our Doom. 12 May 2010. 30 May 2010 .
What would the criminal justice system be without punishment? Perhaps, the criminal justice system would not serve a function or cease to exist. Punishment is one of the main facets of the criminal justice system. It holds such significance that it even reflects the beliefs and values of a particular society. Fyodor Dostoyevsky (1821-1881) once said “The degree of civilization in a society can be judged by entering its prisons.” (Pollock, 2010: 315). Punishment has been around since the beginning of civilization. With its rich history, the concept of punishment has been analyzed by some of the most renowned theorists, some of which include Jeremy Bentham, Cesare Beccaria, Adolphe Quetelet and André-Michel Guerry (Pollock, 2010: 318). Once found guilty of an offense the type of punishment must be determined. There are many different rationales used to answer why it is necessary to inflict punishment. Rationales for punishment include retribution, prevention, treatment and rehabilitation. To better understand these rationales ethical systems such as utilitarianism, ethical formalism and ethics of care can be used. The general public should be knowledgeable about punishment, even more so should professionals in the criminal justice field because they are directly linked to it in some way.
Death penalty has always been a topic of controversy. Interchangeably known as capital punishment, death penalty legalizes the authorization to sentence the execution of a criminal. Controversy that rise from death penalty involve the notion of ethics and epistemology. Many people questions whether it is morally right to take another person’s life, tieing into the 8th amendment that prohibits people from suffering from a certain type of punishment. Another factor is that what exactly determines whether a person deserves execution or not. The justice system has the legal dilemma of properly determining to what extent of a crime committed is reprehensible enough to face death or if it is not as grave and more suitable with merely a life sentence.
Many positions can be defended when debating the issue of capital punishment. In Jonathan Glover's essay "Executions," he maintains that there are three views that a person may have in regard to capital punishment: the retributivist, the absolutist, and the utilitarian. Although Glover recognizes that both statistical and intuitive evidence cannot validate the benefits of capital punishment, he can be considered a utilitarian because he believes that social usefulness is the only way to justify it. Martin Perlmutter on the other hand, maintains the retributivist view of capital punishment, which states that a murderer deserves to be punished because of a conscious decision to break the law with knowledge of the consequences. He even goes as far to claim that just as a winner of a contest has a right to a prize, a murderer has a right to be executed. Despite the fact that retributivism is not a position that I maintain, I agree with Perlmutter in his claim that social utility cannot be used to settle the debate about capital punishment. At the same time, I do not believe that retributivism justifies the death penalty either.
The death penalty also known as the capital punishment is used to punish the criminal involving in serious criminal cases. This happens after he or she has been found guilty of a crime by the legal system. This form of punishment is to ensure that the person cannot commit future crimes, and/or as a deterrent to potential criminals. The inmates could choose from the following way of death they are lethal injection, electric chair, gas chamber, firing squad, and hanging. Each of these punishments is inhuman and a violation of the 8th amendment of the Constitution.
This country is determined to prove that killing someone under certain circumstances is acceptable, when in all reality there can be no rationalization for the taking of another human life. Killing is murder. It is as simple as that. There have been so many different controversies surrounding this debate that often, the issues become clouded in false statistics and slewed arguments. The basic fact remains that killing is morally and ethically wrong. This fact does not disappear by simply changing the term "murder" to "capital punishment". The act is still the taking of a life. On these grounds, the death penalty should be abolished.
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.
The capital punishment has been cited as a reasonable sentence by those who advocate for retribution. This is essentially when it comes to justice so that people take full responsibility for their individual actions. Studies have proved that the decision to take away life of a person because they committed a certain crime serves to perpetuate the crime in question. It also serves to enhance the progress of organized and violent crime. It has been noted that various flaws in the justice system has led to the wrong conviction of innocent people. On the other hand, the guilty have also been set free, and a plethora of several cases has come up when a critical look at the capital punishment has been undertaken. Killers hardly kill their victims deliberately, but they probably act on anger, passion, or impulsively. In this regard, it is not proper to convict them exclusively without
would reject even the notion of deliberating about the act of murder in such a
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. Laws in the United States have changed 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.
Regarding the justification of punishment philosophers are not of the same opinion. According to the utilitarian moral thinkers punishment can be justified solely by its consequences. That is to say, according to the utilitarian account of punishment 'A ought to be punished' means that A has done an act harmful to people and it needs to be prevented by punishment or the threat of it. So, it will be useful to punish A. Deontologists like Mabbott, Ewing and Hawkins, on the other hand, believe that punishment is justifiable purely on retributive grounds. That is to say, according to them, only the past fact that a man has committed a crime is sufficient enough to justify the punishment inflicted on him. But D.D. Raphael is found to reconcile between the two opposite views. According to him, a punishment is justified when it is both useful and deserved.