Capital Punishment
Should we kill killers is the question to answer regarding the controversial subject of capital punishment. There is strong support for both sides and many people have offered their opinions in writing for all of us to examine. John M. Olin, the Professor of Jurisprudence and Public Policy at Fordham University, gave us his Pro-Capital Punishment opinion in the Harvard Law Review in 1986. Although his article was written more than a decade ago the argued topics have not changed.
In his work The Ultimate Punishment: A Defense Mr. Olin addresses why he feels capital punishment is necessary in our society and across the world. According to Olin retribution is the number one reason for capital punishment. He goes
…show more content…
He thinks that if criminals, or people in general, know that they can face the death penalty if a murder is committed that this alone will keep them from committing the act. If this is true how does he explain the over 40,000 murders committed every year. Studies have shown that the perpetrator in most crimes was not affected by the possibility of the death sentence for a couple of reasons. First, many murders are not premeditated and are done with no prior intention. Second, many of the murderers think that they will never be caught, therefore will never face the death penalty. So if deterrence can not be proven then why is it still used as a reason for capital punishment?
It has been proven that some people that have suffered at the hands of the death penalty were in fact innocent. As technology and the justice system advances more and more people that have been found guilty are having their sentences over turned. Many of these people were on death row. Between 1900 and 1985 of the 7,000 individuals that were executed 35 were proven to be innocent. Since 1985 many more people have been proven to be innocent. In opposition to this fact Olin states that despite precautions, nearly all human activities, such as trucking, power line operators, and construction cost the lives of some innocent bystanders. He also says that for those who think the death penalty just, miscarriages of justice are
Capital Punishment is an issue that has been argued over from the dinner table in
Across America a battle of morals rages over the death penalty. Like many other controversial issues that consume our society, the issue of the death penalty is not easily defined. Some people feel that one should reap what they sow. However, the issue is more complex than the eye for an eye standard. With the death penalty in place, our country is stumbling down a twisted path with numerous complications nationwide.
In “How the Death Penalty Saves Lives”, written and published by David B. Mulhausen on September 29, 2014, Mulhausen speaks of the reasons why the death penalty is a proper way to bring murderers to justice. He believes that “some crimes are so heinous and inherently wrong that they demand strict penalties” (Mulhausen). Not only does he believe that the death penalty is useful to set criminals to justice, but he also believes that the enforcement of the death penalty deters crime rates.
Many strong cases can be made in principle for and against capital punishment. The argument that is in favor is based on justice, and the nature of a moral community, which requires that each person has to respect the life and liberty of others. Those who commit vicious crimes immediately
During the past three decades capital punishment has been a very controversial issue in the United States. 1972 the U.S. Supreme Court decided in Furman v. Georgia that the death penalty was unconstitutional because it was a form of "cruel and unusual punishment." However, this decision did not last long; in July 1975 the Supreme Court ruled that capital punishment did not violate any parts of the Constitution. Executions as they had before 1972 resumed again. Since then 180 prisoners have been executed. The United States Supreme Court should abolish the death penalty because it is a form of "cruel and unusual punishment."
Whether the motive of vengeance, or retribution - which some would actually call justice -- is a moral reason for using the death penalty is similarly debatable. Aristotle defined justice as "giving each his due." This type of justice is interpreted by some to be supportive of the lex talionis philosophy - "that the worst crime be punished with society's worst penalty." Opponents of the death penalty feel that it is barbaric and savage; an advanced society such as ours should not participate in it. Once again, however, it is merely a matter of opinion. To argue that "capital punishment is inconsistent with the advancement of civilization, is to rely on arbitrary definitions of 'advancement' and 'civilization' for a circular argument."
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.
Capital punishment, otherwise known as the death penalty, has been effective tool in our country’s justice system since its inception. When an inmate is given this, the harshest sentence available, it is always with just cause. Capital Punishment is an important tool in our criminal justice system today and there are several reasons it should remain in effect.
The controversy surrounding capital punishment goes back for thousands of years. As far back as the 18th Century BC, the Code of King Hammurabi codified the death penalty for 25 specific crimes (Reggio). Since that time, every generation has dealt with passionate arguments on both sides of the issue and ours is no exception. Despite being liberal in most of my views, I am a supporter of capital punishment in cases of heinous crimes. In order to reflect on an opposing view, I settled on the following Time magazine article to read, consider and evaluate: “The Death of the Death Penalty” by David Von Drehle.
Does taking another’s life actually avenge that of another? The disciplinary act of capital punishment, punishment through death, has been a major debate in the United States for years. Those in support of capital punishment believe that it is an end to the reoccurrence of a repeat murderer. The public has, for many years, been in favor of this few and pro-death penalty. Yet as time goes on, records show a decrease in the public and the state’s support of the continuation of capital punishment. Those against capital punishment believe it is an immoral, spends taxpayers’ money improperly, and does not enforce a way to rehabilitate criminals and/or warn off future crimes.
Mahatma Gandhi echoed the phrase, “An eye for an eye makes the whole world blind.” Capital punishment has been a process of punishment since time before Christ. Capital punishment or the death penalty, is the process of punishing, an individual, by execution for committing a crime. One moral theory to justify this process of punishment is cited in Mark Timmons’s book Disputed Moral Issues: A Reader. The consequentialist theory states, “A specific punishment for a certain crime is morally justified if and only if it would likely produce at least as much overall intrinsic value as would any other alternative punishment.” (Timmons, 535) However, this theory has multiple issues in justifying the death penalty, which would be consider a negative consequence. These issues are execution of innocent people, financial cost of executions, and the belief that executions are a deterrence.
The debate on whether capital punishment is an effective way to prevent or reduce crime is a source of constant controversy. Supporters of capital punishment believe that it can be used to prevent future crimes. People against this topic, on the other hand, think that “an eye for an eye” mentality is barbaric and goes against basic human morals.
Should one person have the right to end another human's life? It is a question most people have the answer for when it comes to capital punishment. Capital punishment is known to some people one of the cruelest punishment to humanity. Some people believe giving a person the death penalty doe's not solve anything. While other's believe it is payback to the criminal for the crime they have committed. There have been 13,000 people executed since the colonial times, among 1900 and 1985 there were 139 innocent people sentence to death only 23 were executed. In 1967 lack of support and legal challenges cut the execution rate to zero bringing the practice to a complete end by 1972. Although the supreme court authorized its resumption in 1976
The death penalty is a tough debate and an overwhelming argument in this country. We as Americans put Timothy McVeigh to death by lethal injection just three months ago. Arguments can be made for and against the death penalty, but this is not the problem. Capital Punishment is supposed to be a deterrent to crime, but is the death penalty really a deterrent? Capital Punishment is not a deterrent for crime, and the effects of Capital Punishment are actually hurting the American citizens. Capital Punishment affects the American citizens by having those citizens pay millions of dollars for death row inmates, and these criminals affect those same citizens because the
On the other hand, there are many reasons for the support of Capital punishment. Capital punishment protects the innocent of society against the violence of criminals. Capital punishment deters crime and helps create peaceful conditions for our society. Capital punishment also serves the purpose of justice for the victims of the crimes. Furthermore, people believe