Proof Is Simply Beyond The Capacity Essay

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Certain individuals who commit crimes do so at their own free will, and many have no qualms as to the consequences of their actions. To some, it matters not the possibility that if they are caught, there is the chance they may be executed. Sometimes the crimes committed by certain persons are done so in a manner that would bewilder any other human being. My personal belief is that there is no need for capital punishment in our society. Advocates say that capital punishment is needed in order to deter future criminals, but this is not entirely the case. Research has shown that capital punishment, as a deterrent, has no positive or negative effect. An influential student of the deterrence question, Thorsten Sellin, conducted a study that…show more content…
It is grounded in the criminal law and is enforced by members of the police, prosecution attorneys, courts, and prisons. There must be a connection between the law and the system of justice for they are to be any sort of control in society. As long as the threat of punishment has a restraining effect in regards to criminal conduct, this is called general deterrence. Ezorsky makes three points in her definition of general deterrence. Her first point is the need to take into account the danger of generalization. Distinction must be carefully made in the different types of offenses because they vary in motivation. Any discussion of general deterrence must be in the contexts of norms and an analysis of the deviations from those norms. The second point of her definition is that people react differently. She divides the population into three distinct groups: (1) the good, law-abiding citizens who do not require the threat of law to live by the rules set by society; (2) the criminal group--those who fear the law, but not to the extent that they do not break the law; and (3) the potential criminals who would have broken the law had it not been for the threat of punishment. I find two problems with this categorization. The first is the ability to decipher, which individuals fall into which category. Granted, there will be those who are easily categorized, but those who are not--how, and where, do we draw the line? What sort of criteria should be set to pinpoint one individual

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