Philosopher Emmanuel Kant made an argument stating that killing someone for deterrence is using them as a tool, and it is unjust within itself (Pojman 70). Many think that by having the death penalty as a consequence for first degree murder, the rates of homicide will drop, because it will “put fear into the hearts of people”(Costanzo 96), but that is not correct. In a survey done by the Death Penalty Information Center, the number of murders in a state implementing the death penalty within the last twenty years have been higher than in a state without the penalty. As recently as 2010, the murder rate of states with the penalty was 25% greater than states without the penalty (“Deterrence”). Those statistics show that although the law may stop a few individuals, it is not a considerable enough number to call it deterrence.…
“In the early 1970, the top argument in favor of the death penalty was general deterrence” (Radelet & Borg, 2000, page 2). The authors argue that the death penalty does not prevent others from committing the same offense. They describe how deterrence studies have failed to support the hypothesis that the death penalty is more effective at preventing criminal homicides than along imprisonment.…
Allen debates firstly on the utilitarian arguments and thus possible benefits of the death penalty. Accordingly to Allen capital punishment is a deterrent and an understandable reaction of those who have been affected by the homicides. However, the significance of deterrence is unclear. Studies result only minimum support for deterrence as a consequence of executions, or what Allen in other words is trying to say: death penalty is to discourage or, scare if you will, the people from committing a murder (the death penalty in the U.S. today in practise, only applies for murder) (2), and does not have any effect. “Capital punishment remains a freakishly rare punishment” says Allen. This is a reaction to the following, if capital punishment has indeed barely sufficient deterrence or caution effects like what was just argued, it can just as well be an argument for its increased use instead of its decreased use. People do not feel alarmed enough for the consequences to prevent them from committing a murder. Clearly, it is difficult to understand the arguments from deterrence and finding a way to interpreted them sufficiently.…
Ron Fridell states, "The basic principles of deterrence are that punishments are necessary to deter crime and encourage law abiding behavior. Punishment must also fit the crime with more serious crimes requiring more serious punishments. (61) I agree with the author because capital punishment serves as a device to discourage certain forms of behavior by making the consequences of these actions unpleasant. Capital punishment is acceptable under those terms and it is necessity to the betterment of society. Micheal Kronwetter said, "No other punishment deters men so effectively as the punishment of death."(19) As an example, murder peaked in 1990 with 2,200 deaths, when New York did not have the death penalty. In 1997, when capital punishment was reinstated the murders for the year totaled 767. Deterrence obviously worked in relation to these crimes. There seems to be a direct relationship between deterrence and the effects of capital…
The Death Penalty. This name alone would scare anyone and it is undoubtable the worst penalty a person could receive. It has been used for centuries, but today many argue that this punishment is not moral, while there are others that argue that if you are cruel enough to take a life, you deserve to get your life taken away, a life for a life. Louis Pojman and Jeffrey Reiman have debated this issue very closely, coming up with two opposite opinions on capital punishment. I will argue that even though I can see why Pojman thinks the way he does, he just doesn’t have enough evidence to back up his thesis when comparing it to Reiman’s. I will suggest an adjusted version of Pojman’s argument on deterrence for capital punishment by looking…
Criminal deterrence will continue to be a valuable part of criminological studies. The rational choice perspective has expanded tremendously in the last few decades. It allows criminologist to examine the reasoning process of not only offenders, but the victims as well. The concept of deterrence assumes a much higher degree of rationality. Deterrence doctrine uses the three functions of certainty, severity, and speed of punishment as key elements in the rational decision making process aimed at deciding between criminal and non-criminal paths of conduct (2013). The death penalty does serve as a deterrence from crime. But studies have indicated this might not be the case for every offender. But I would argue that even the deterrence of one individual…
Historical theories of punishment were based on the concept that applying fearful consequences to criminals would discourage any potential offenders. During the late 1700’s, a criminologist by the name of Cesar Beccaria argued the fact that the death penalty served no purpose as a form of punishment, let alone as a deterrence to criminals. He advocated to reform the criminal justice system through penology, concerning specifically with punishment and deterrence (Beccaria, 2009). In the following essay, Beccaria’s theory of punishment will be thoroughly…
The death penalty is a major topic for debate Shannon Rafferty defends in her portfolio published by Penn State entitled “Death Penalty Persuasive Essay.” She believes the penalty should be allowed because it functions as a deterrent, it provides society retribution and it is morally just. Olivia H. disagrees with use of the death penalty in her essay “Capital Punishment Is Dead wrong.” She tells about the risk of punishing the innocent, and how the states are doing irreversible acts of crime. As the authors disagree about whether the death penalty should be allowed, they have some common ground when it comes to admitting the potential for human error and in both disagreeing to the use of barbaric punishments by the government.…
When understanding criminal law it is important to consider the positive and negative effects that different punishment alternatives can have. Over the last century the use of capital punishment, the legal process for which an individual is sentence to death when found guilty of committing a crime, has been a subject debated back and forth between government parties on its effectiveness. Many people believe that the issues of fairness, constitutionality, morality of an individual’s life, and potential of convicting the innocent are too important to allow the use of the…
The foremost reason being given for the imposition of capital punishment is its power to deter crimes. The argument says that if heinous crimes are punishable by death, would-be perpetrators of such crimes would protect their lives and they will not commit heinous crimes. On the part of the victims of such crimes, they also receive justice and redress for…
Forst, B.E. (1976). Deterrent Effect of Capital Punishment: A Cross-State Analysis of the 1960’s, The. Minn. L. Rev., 61, 743.…
Forms of the death penalty predate historical documentation, but it is surrounded by flaws which turn it into a cruel and unusual punishment. Because of these flaws, an argument can be made against the death penalty regardless of the moral argument surrounding it. Until issues such as botched executions, possibility of innocence, and flaws surrounding the trial and choice of sentence are remedied.…
The first death penalty generally recorded happened in sixteenth Century BC Egypt where the wrongdoer was blamed for enchantment, and requested to take his own life. Today, in the U.S. the death penalty is still practiced in thirty states. The controversy of the death penalty can go on and on. Despite the still large numbers using it’s practices their main reasons for its use appear to be that it provides closure for the victims and not surprisingly saves tax payers money. However, the cons of the death penalty outweigh the pros. The death penalty should not be used because it does not persuade criminals to stop committing murders, prison itself should be a fair enough punishment, and it is cruel and…
Pain. Anger. Frustration. Hatred. These feeble words do not describe the anguish felt by the families of murder victims. Ted Bundy was responsible for the deaths of more than 50 young women across the United States (Lamar, 34). Bundy was finally sentenced to death by the state of Florida in 1978 for the kidnapping and brutal murder of a 12-year-old girl and the deaths of 2 Florida State sorority sisters (Lamar, 34). As if the loss of a loved one is not enough for a family to contend with, Bundy remained on death row for nearly 10 years. Three stays of execution and endless appeals kept Bundy alive for almost a decade, when his victims lives were untimely and viciously taken from them (Lamar, 34). If a sentence of death is handed down, then it should be enforced, not as a question of morality, but simply as an act of justice.…
Chan, J., & Oxley, D. (2004, October). The deterrent effect of capital punishment: A Review of Reasearch Evidence. Contemporary issues in Crime and Justice, pp. 1-15.…