Preview

The Death Penalty: Against the Use of Capital Punishment

Powerful Essays
Open Document
Open Document
3004 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Death Penalty: Against the Use of Capital Punishment
The Death Penalty: Against the use of Capital Punishment

Capital Punishment is defined as the execution of a convicted criminal by state as punishment for their grievous capital crimes. The death penalty is an ancient practice and a very controversial issue. The main reasons for removing or retaining the death penalty differs from country to country, but generally includes issues such as deterrence, retribution, public opinion, and the rights of the individual. Due to the fact that the death penalty is a serious and contentious issue, both abolitionist’s and retentionist’s have strong supporting theories and arguments which represent their beliefs. Abolitionists believe that the death penalty is imposed unfairly, violates the fundamental right to life, is not a unique deterrent, provides counter productive effects and is therefore unjust. The object of this paper is to support the theories and arguments that are in favour of the abolishment of the death penalty. Capital Punishment is unjust and immoral due to the fact that it does not act as a deterrent, is unjustified retribution, innocent lives are at risk, and is a definite form of discrimination.

Deterrence is defined as the use of punishment as a threat in order to deter people from committing a crime. The argument that capital punishment should be abolished because it has no deterrent effect on offenders justifies that the use of capital punishment is not an ultimate mean of crime prevention. The death penalty does not prevent future murders from occurring within a society and therefore does not act as a deterrent. It is no more of a deterrent than a life imprisonment, which is a more rational punishment. Most murderers commit their crime in the heat of the moment, in a psychotic state of mind, and do not weigh the differences between a possible execution and life imprisonment. Therefore these murderers are not deterred by the death penalty law. Life in prison is a worse punishment, simply



Cited: Amnesty International USA. Death Penalty and Innocence. Web. From: http://www.amnestyusa.org/our- work/issues/death-penalty/us-death-penalty-facts/death-penalty-and-innocence Banner, Stuart, 1963-. The Death Penalty: An American History Learned Societies - York University and American Council of Learned Societies. Cambridge, Mass. : Harvard University Press, 2002. Print. Bedau, Hugo Adam. The Minimal Invasion Argument Against the Death Penalty. Criminal Justice Ethics 21.2 (2002): 3-8.ProQuest Research Library. Web (2006): 255-82. ProQuest Research Library. Web. 23 Mar. 2012. West Nyack, NY, USA: Cambridge University Press, 2004. Web. John Sorenson, Robert Wrinkle, Victoria Brewer and James Marquart, ‘Capital Punishment and Deterrence: Examining the Effects of Executions on Murders in Texas’ (1999) 45 Crime and Delinquency 481-93, from: http://www.deathpenaltyinfor.org/deter.html J. Pokorak, ‘Probing the Capital Prosecutor’s Perspective: Race of the Discretionary Actors’ (1998) 83 Cornell Law Review 1811-20 Murphy, J.G. (1979) Cruel and Unusual Punishments. Retribution, Justice and Therapy. Dordrecht, Holland: D M. Radelet, H. A. Bedau and C. Putnam, In Spite of Innocence (Boston: Northeastern University Press, 1995) The Death Penalty: Arguments for and Against the Death Penalty. Michigan State University and Death Penalty Information Center, 2000 The Death Penalty: In Opposition. Michigan State University Comm Tech Lab and Death Penalty Information Center, 2000 Vaughn, Lewis. Contemporary Moral Arguments: Readings in Ethical Issues. New York: Oxford University Press, 2010

You May Also Find These Documents Helpful

  • Better Essays

    George Bernard Shaw once said, “Murder and capital punishment are not opposites that cancel one another out but similar that breed their kind” (quoted in Costanzo 95). This shows why the act of the death penalty is not a deterrence to future criminals. If an individual truly feels the need to harm someone else, he/she will do it regardless of the consequences. By putting a murderer to death the, law is killing people, an act they are trying to deter people from.…

    • 1980 Words
    • 8 Pages
    Better Essays
  • Good Essays

    In this paper, the authors examine how the death penalty argument has changed in the last 25 years in the United States. They examine six specific issues: deterrence, incapacitation, caprice and bias, cost innocence and retribution; and how public opinion has change regarding these issues. They argue that social science research is changing the way Americans view the death penalty and suggest that Americans are moving toward an eventual abolition of the death penalty.…

    • 883 Words
    • 4 Pages
    Good Essays
  • Good Essays

    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…

    • 728 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Capital Punishment is regarded as one of the United States' hottest topics. Those for and against it constantly debate over the various issues that capital punishment brings forth. This essay explains just a few of these topics and my view on the death penalty.…

    • 1062 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    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…

    • 129 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    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.…

    • 413 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The death penalty has been an ongoing debate on whether it should be allowed or whether it violates our constitutional right. While most developed Western nations have stopped executing the United States continues to execute offenders (Zimring 2004). From 1977 through 2008 1,136 people have been executed, which consisted of people who committed murder (Procon 2010). Those who are in favor of the death penalty believe it is an important tool to help deter crime and it cost less than life imprisonment (Procon 2010). They believe retribution helps console the grieving family and it also ensures that the offender will never be able to commit another heinous crime (Procon 2010). According to Grant (2004) some people believe that some offenders should face the death penalty because of vengeance and retribution for violent crimes. During the…

    • 1847 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Death penalty is the punish meant of execution, administered to someone legally convicted of a capital crime and there are twenty-two countries in the world that still impose the death penalty for capital crimes, the United states is one of them. If you are charged with capital homicide, and the jury of twelve of your peers proclaims, “We find the defendant guilty as charged”(Condenaststore). Then it is simple, you are going to forfeit your life, so abolishing the death penalty or there’s no coming back from the grave.…

    • 329 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Recently, there has been talk amongst many Americans about whether or not the “death penalty” should be outlawed in the United States. Although the crime may be unforgivable, no one should have the right to decide whether or not a person’s life should be stripped away, because nothing is more important than a person’s life. There are many reasons why the death penalty should be outlawed, one reason is that many criminals put on trial may face discrimination, and receive a bias punishment. Another reason is that the death penalty is very costly and that the alternative, life without parole, is a much cheaper and easier solution. The death penalty also reflects the moral standing of today's society. Nobody can justify taking another person’s…

    • 1055 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Capital punishment has not been proven to deter crime and it opens the possibility of executing innocent people. That is why the United States of America should abolish the death penalty.…

    • 971 Words
    • 4 Pages
    Good Essays
  • Good Essays

    There are few policies that produce as much debate, controversy and emotion in this country as the death penalty. Capital punishment has been around in this country since colonial times when people were killed for practicing witchcraft and today the death penalty is legal in 31 states. Since 1976, 1414 people have been executed in the U.S. (deathpenaltyinfo.org). People who favor capital punishment believe that if someone brutally take's another person's life then they should lose their own right to life. However, in taking a closer look at the death penalty, there are many problems associated with it such as that is is morally wrong, the botching of executions, the execution of innocent people, and the fact that it is a flawed system…

    • 698 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The Death Penalty

    • 1586 Words
    • 7 Pages

    Has anyone asked your views on capital punishment? The words lethal injection, electrocution, and gas chamber are synonymous with the death penalty. Even in today’s society of die-hard liberals, right-winged republicans, and middle of the road democrats the capital punishment argument is still a squeamish topic that incites strong emotional debate from abolitionists and supporters.…

    • 1586 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    This paper will examine the historical foundations, uses and the contemporary issues of the death penalty in America. It will go into where the death penalty came from and how it is used differently throughout the states. Understanding why America uses the death penalty. Outlines many issues caused by America using the death penalty. Discussing the different methods of execution and various laws adopted by various states.…

    • 518 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Secondly, abolitionists would have you believe capital punishment does not deter other criminals from committing other heinous crimes. Again, this is a common misconception. Deterrence, in and of itself, is not a valid reason for capital punishment. Christian writer C.S. Lewis observed “If deterrence is all that matters, the execution of an innocent man, provided the people think him guilty, would be fully justified.” (Eddlem) That being said, capital punishment does undoubtedly deter criminals in some way. For instance, in 1977, the year the death penalty actually claimed its first victim after being reinstated, homicide rates plummeted. Also, when the number of executions went up in 1983, the homicide rated showed its biggest one year drop. Similarly in 1996 when the executions increased, homicide rate fell again. (Johansen) In this way, homicide rates…

    • 993 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    This article provides applicable information from many sources such as a Governors, Political Science Professors, the Executive Director of the Death Penalty Information Center as well as the President of the United States, providing legitimacy to the…

    • 2185 Words
    • 9 Pages
    Powerful Essays