Essay on Captial Punishment

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

The concept of mandatory sentencing is a relatively new idea in the legal field. It was first introduced in 1951 with the Boggs Act, and it made simple marijuana possession a minimum of two to ten years with a $20,000 fine. This was eventually repealed by Congress in 1970, but mandatory sentences came back with the passage of the Anti-Drug Abuse Act of 1986. Since then, the scope and presence of mandatory sentencing has only grown, especially mandatory sentences for drug related offenses. Recently, there has been a growing concern over the use and implementation of mandatory minimum sentencing, with many believing it reduces a judge’s ability to give out a sentence that they feel accordingly fits the crime. Many advocates for mandatory

What has society done about reforming sentencing laws in order to reduce the incarceration population? The fair sentencing Act which was signed by president Obama has helped reduce the number of inmates impacted by mandatory minimum sentencing by “reducing the disparity in the amounts of powder cocaine and crack cocaine required for the imposition of mandatory minimum sentences and eliminates the mandatory minimum sentence for simple possession of crack cocaine, it also increases penalties for major drug traffickers” (White House 2010). What the Act did was changed the ratio of Crack cocaine v Cocaine from 100:1 to 18:1 (U. S. Department of Justice 2010). This Act is beneficial because it

The injustice that comes from this prosecution isn’t taken as seriously as it should be, with it ruining lives of loved of victims and the victims themselves. A study by Katherine Beckett, details how jurors in Washington State were 3 times more likely to impose the death penalty to a person of color than a white person. Deaths that have included white victims make up 80% of Capital cases, while these victims only make up one half of all murder cases. By 2002, 12 cases of the defendant being white and the murder victim being black have been sent to the death penalty, while 178 cases of the defendant being black have been executed. Discrimination in a court of law that relates to the death penalty correlates directly with the prosecution and defense provided. 94.5% of elected prosecutors that reside in death penalty states are white, even going as far as 100% white in 9 states like Washington and Tennessee. These statistics showcase how the legal system is much more harsher and likely to punish people based on their skin

While the topic can be overwhelming and complex, it is important to study the racist institution of the death penalty because execution is the ultimate expression of which individuals are valued by our society and which are considered dispensable. What the US expresses through its executions carries some racist undertones when we look at the races of the persons being executed, but it takes on a clearly racial direction when we consider the race of the original murder victim. For example, "the most comprehensive study of the death penalty found that killers of whites were eleven times more likely to be condemned to death than killers of African- Americans."3 On the flip side, "only 31 of the over 18,000 executions in this country's history involved a white person being punished for killing a Black person."4 In capital punishment, we find the modernday counterpart to lynching. Of course, lynching often meant sporadic acts of individual racism. Selective killing today is an official, bureaucratized act of the state and therefore an official statement of what our government stands for. And what the government stands for is the most complete disempowerment possible - death - for a large number of Black individuals.

As a result of the implementation of mandatory sentencing polices and get tough on crime laws that began in the 1970s, dementia has become just one of the rising age-related infirmities that has plagued the growing aging prison population, drastically increasing prison cost for these individuals. The New York Times editors argue that in order to address the rising caseload of aging inmates in need of mental health care “states must pursue other avenues.” They suggest that states “foster partnerships between prisons and nursing homes to improve the quality of care; consider compassionate release programs for frail inmates who no longer present a threat to public safety; and, no less important, revisit the mandatory sentencing policies that did away with judicial discretion and filled the prisons to bursting in the first place” (“Dementia Behind Bars,” 2012).

The death penalty is a corrupt form of legal justice. For example, “…Defendants in about one-third of the Texas cases were represented at trial by an attorney who had been or later was suspended or otherwise sanctioned…”(Leibman). This use of fraudulent attorneys in a case can lead to enough inaccuracies in the evidence to wrongfully execute a person. This action is against the constitutional right given to us of equal justice for all. In addition, “…One of you two is gonna hang for this. Since you're the nigger, you're elected…”(Texas Police Officer). A Texas police officer said this to 2 men, one black and one white that were connected to the murder of a 17-year-old girl. Race plays a big part in the sentence of guilty or innocent. However, supporters of the death penalty claim “…that it enforces the laws by issuing strict punishment to the offenders…”(President George Bush). The death

"Since 1973, over eighty people have been released from death row with evidence of their innocence" (Innocence and the Death Penalty 1). Statistics say that of the three-thousand six hundred people on death row right now, at least one hundred of them are innocent (Capital Punishment 1). When an innocent person is executed, the real killer is still on the streets ready to victimize someone else (Pragmatic Arguments 1). The most important problem is that when an innocent person is executed, they represent another human being who did not deserve to die.

Our judicial system isn't as fair as we'd like to believe it is.There are so many ways innocent people can be falsely convicted. When someone goes to trial if they can't afford a good lawyer then they get

Throughout time, the use of punishment has changed drastically. Not only has the actual infliction of punishment changed, the reasoning behind this punishment has also changed. There have been numerous scholars, educators, and researchers that have presented various theories on the reasoning behind societal punishment. Some of these theories are closely similar, however some are drastically different. It is important to note that these theorists have broad perceptions that can be rooted back to specific time periods throughout history. Societal punishment is defined as, “punishment being a complex social institution, shaped by the ensemble of social and historical forces and having a range of effects that reach well beyond the population of offenders” (Garland, 1991).

  The American government operates in the fashion of an indirect democracy. Citizens live under a social contract whereby individuals agree to forfeit certain rights for the good of the whole. Punishments for crimes against the state are carried out via due process, guaranteed by the Fourteenth Amendment. The use of capital punishment is decided by the state, which is legal in thirty-seven states. It is a moral imperative to protect the states' rights to decide their own position on the use of capital punishment.

Racism has always been an issue in our society. Throughout history, minorities have been misrepresented in the justice system, especially in cases where the outcome is death. In early American History, blacks were hanged for breaking any informal laws. Back then, killings occurred without any type of dues process. In the 1960s the National Association for the Advancement of African Americans (NAACP) believed that African Americans received the death penalty more frequently than members of other groups. “According to data from Death Penalty Information Center (DPIC), 55% of death row inmates are black or Hispanic”

Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the

One July day in St. Petersburg, a poor young man slips out of his apartment and goes out. He is Rodion Romanych Raskolnikov, a former student, and he is preoccupied with something. He arrives at the apartment of Alyona Ivanovna, a pawnbroker, where he is attempting a trial of the unknown deed obsessing him.

Does the punishment fit the crime? The Death penalty is a government-sanctioned practice whereby a person is put to death by the state as a punishment for a crime. The death penalty is the punishment of execution, administered to someone legally convicted of a capital crime. The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. According Kyle Gibson of “Mic Policy” “The U.S. judicial system has been reluctant to exercise one of its most just institutions against these criminals. The death penalty, or put more eloquently capital punishment, has come under attack in recent years not just by U.S. legislators but also by the international community. The U.S. and Japan remain the last two of the most industrialized and free societies to support capital punishment. As the leader of the free world, the U.S. must retain and exercise its right to the death penalty.” There are five forms of the death penalty: lethal injection, Electrocution, Gas Chamber, firing squad, and hanging. Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing immediate death. Electrocution is the death by electric shock. Gas Chamber is an apparatus for killing humans with gas, consisting of a sealed chamber into which a poisonous or asphyxiant gas is