Capital Punishment: Ethical And Empirical Justifications

Capital punishment is a difficult subject for a lot of people because many question whether or not it is ethical to kill a convicted criminal. In order to critically analyze whether or not it is ethical, I will look at the issue using a utilitarianism approach because in order to get a good grasp of this topic we need to look at how the decision will impact us in the future. The utilitarianism approach will help us to examine this issue and see what some of the consequences are with this topic of capital punishment. For years, capital punishment has been used against criminals and continues to be used today, but lately this type of punishment has come into question because of the ethical question.

Capital punishment is a sentence that is given to someone that has committed a capital crime. This is a subject of great debate; some people agree and some do not. There are times when a crime is so heinous that the majority would seek capital punishment. Susan Gissendaner received this sentence for plotting to kill her husband, although her boyfriend actually killed her husband. Since being in prison, Susan has undergone a conversion and transformation. She is now a model prisoner. Due to Susan’s transformation, they are trying to have her sentence changed. Should Susan’s sentence be commuted to life in prison is the question being asked? This paper will answer the question by providing a moral judgment viewed by two non-consequentialist theories. The strengths and weaknesses of these positions will be assessed. Whether I agree or disagree will be answered and explained.

Capital punishment has been a hot topic for quite some time now. In earlier times it was merely a way to punish as well as an attempt to deter members of society from committing heinous crimes. In the last century we have actively monitored the effects of capital punishment, and this has revealed the truth. It is for these reasons capital punishment is not morally acceptable.

Historically, executions have been around for a long time. The first established death penalty laws date as far back as the Eighteenth Century B.C. but didn’t make an appearance in the United States until 1608 (Part 1, n.d.). Death penalty is seen as a form of accountability for someone’s action. Most easily understood when you take a life, you lose your life--an eye for an eye. Nonetheless, over time people have started humanizing the situation and creating controversy. The Fifth, Eighth, and Fourteenth Amendments were interpreted as permitting the death penalty, until the early 1960s, when it was suggested that the death penalty was a "cruel and unusual" punishment, and therefore arguing it as unconstitutional under the Eighth Amendment (Part

State executions influence the potential and active criminals by the simple “you kill, we put you to death”. A conclusion drawn from that idea could be that punishment by death would be a prevention of crime. Regrettably the information does not get along with the proposal of deterrence being effective. The truth of the matter is that the death penalty does not affect potential criminals physiologically; the effect brought about by brutalization does not deter criminal activities. An economic writer and Professor Isaac

In the debate over capital punishment, the opponents argue that capital punishment should not be practiced because it has a civilizing effect and practicing capital punishment has do deterrent effect. On the other side of the debate, the supporters argue that capital punishment should not be abolished because it is just retribution and has a deterrent effect. In this paper, I will argue that capital punishment should not be practiced.

Capital punishment has been recorded since colonial times. The first death sentence by firing squad was carried out at the Jamestown colony on an alleged spy. The practice was suspended by the Supreme Court in 1972. The last execution before this period was in 1967, before being reinstated in 1976. The new death penalty was tweaked, barring execution for rape, and now mitigating and aggravating factors were considered. While imposition of the death penalty was now less common than before, it should never have been brought back. Life without parole is a more viable option. It costs millions less and also ensures that the public is protected while eliminating the risk of any fatal mistake in the judicial process. Proponents seek capital punishment in more emotionally charged trials than anything. It is more of a witch hunt than the pursuit of justice. An eye for and eye is revenge, and nothing more. Revenge sometimes looks like justice, but these two things are not interchangeable.

Many people question the need for the death penalty, the execution of those who have committed certain crimes, as a capital punishment. For instance, the author of “Against the American System of Capital Punishment”, Jack Greenburg, who is a Professor of Law at Columbia University, argues that the death penalty does not benefit society and is not necessary. Likewise, Kevin Johnson, writer of “Study Finds No Evidence Death Penalty Deters Crime”, also argues against the use of the death penalty by pointing out the flaws in the common research of deterrence. On the other hand, some may also argue for the many aids the death penalty offers. Professor of Jurisprudence and Public Policy at Fordham University, Ernest Van den Haag, with his “The Ultimate Punishment: a Defense”, and authors James M. Reams and Charles T. Putnam, with their article, “Making a Case for the Deterrence Effect of Capital Punishment”, both give arguments for the grander justice the death penalty offers. While each of these articles give very well thought out claims for the necessity of the death penalty, using arguments including racism, and deterrence, Van den Haag’s claim gives the clearest and best arguments.

This paper examines the topic of capital punishment as a relevant public policy that is related to criminal justice. The history, justification and evidence for the policy, factors that have influenced the policy, competing positions and stakeholders, negative consequences of the policy, and evidence based changes to the current policy, will all be discussed. Relevant examples will be provided within each appropriate section. A comprehensive approach will be used to identify all key elements in regards to capital punishment. Finally, a concluding paragraph will summarize all salient information and takeaways from this topic.

The capital punishment in North America is the government’s exercise to put a person to death for a crime, and was first recorded happening in 1608. Capital punishment continued to be the fix for crime until 1967 to 1977, when it was suspended. Capital punishment was advanced in 1977 and is still active today in 30 states. The United States government sees the capital punishment as ethical because it is seen as the culminate way to protect the citizens of our nation.

Capital punishment has been in existence since the beginning of society. According to "Capital Punishment", of the Crime and Punishment in America Reference Library, capital punishment has been a part of the history of The United States since the seventeenth century. While the procedures and methods have changed throughout the years, the act of capital punishment, itself, has come under scrutiny. Some will argue that the death penalty should be dismantled because it is ineffective, costly, and unconstitutional, but those are the same reasons capital punishment should be reevaluated, not dismantled. The death penalty process should be reconstructed as it is currently ineffective, costly, and unconstitutional.

Capital punishment can act as a source of relief to the loved ones of those who have been affected and can be helpful in promoting healing for the affected victim's families. And this is because of the assurance that the victims cannot be in the position to hurt them again. It is clear that if the offender is not sentenced to death the family members and loved ones will remain living in fear, thinking one day this offender will be on the streets again. This can result in revenge and retaliation that will lead to more crimes in society. It may give rise to the increase of the question as to why somebody who has hurt an innocent person will still be living in this world and yet they are supposed to suffer, and why criminals are given so many

The Death Penalty has been used in the United States since the very foundation of our nation; the first recorded case was the execution of Captain George Kendall in 1608 in the Jamestown colony as it was believed Kendall was a spy (DPIC). Americans have seen executions throughout history and are somewhat exposed to the idea but the 21st century is a very different place than the 17th century. This century is a time of equality and rights for people of all

As a Federal law enforcement official, police legal advisor, and attorney, Mr. Carrington (1978) claims that the more threat of the death penalty decreases, the more rate of murders may increase and the same as if the threat of the death penalty increases, the homicide rate may decrease. There is the fact that the punishment will create fear in the mind of any person. According to the Statistic Brain, 68% of the United States population fears death. Moreover, in psychological sciences, “the fear of death or death anxiety, is a common phenomenon in all society and is often regarded as the prime motivation for human behavior” (Becker 1973). There is the fact that the use of capital punishment greatly deters citizens from committing crimes such as murder. For instance, according the World Report, in 2016, the government of Pakistan has controlled the rate of terrorism by enforcing death penalties for the members of terrorist organizations. In addition, it is also the reason why one of the most common justifications for the death penalty in the Western world is that it acts as a deterrent of capital crimes, as the fear of death and the horror of the execution might prevent people from committing serious crimes, Ernest van den Haag, in his article mentions, "One abstains from dangerous acts because of vague, inchoate, habitual and, above all, preconscious fears" (On Deterrence and the Death Penalty, 193).

It is argued that the death penalty does not contribute to the deterrence of crime, but rather raises the crime rate. Countries use the death penalty for reasons regarding their legal, political, and religious belief systems. Capital punishment is used to prevent possible crimes, letting possible would-be-criminals be aware that they would be put to death if they committed a very offensive treason against the government. It is the ultimate warning against all crimes. If someone is thinking of committing a severe crime, he or she would be more apprehensive and hesitant in committing it due to the fact that they know that the justice system will not spare their life.