An Evaluation of the Death Penalty

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PURELY RETRIBUTIVE JUSTIFICATION1 Introduction Constitution of the death penalty as a measure for capital punishment for criminal offenders has always been controversial. It invoked several debates and arguments as early as 19th century. Several lawmakers and philosophers attempted the evaluation of death penalty as reciprocation to the serious crimes; murder. The main aim of this essay is to try to carry out justification of various arguments that have been asserted. Though opinions regarding death penalty existed before 1972, intensified debates are believed to have emanated from 1972 in the case of Furman Versus Georgia. In this case, justice Marshall emphasized on opinion of the public as regards to the penalty of death. ABSTRACT Marshall understood and explained retribution in four different aspects. First, retribution ought to be, understood as a connection between guilt and punishment. This stresses that lawbreakers deserve to be punished though should not be a reason to execute punishment. This argument is against the use of death penalty in punishing offenders. Secondly, retribution as a popular instinct, considered a utilitarian perspective, which aims at crime reduction. This gives much attention to the expectation of the society. That is a punishment used for an offender satisfies the society, then it is worth carrying out. Thirdly, retribution as a moral outrage, which looks at the death penalty as a way to show that the crime committed is bad and that the
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