Punishment and the Death Penalty
The news media reports countless stories of crimes that have been committed throughout the country. Some are so outrageous and almost comical, like a thief trying to steal a cash register from a drive thru window at a fast food restaurant to other stories that make us seriously question the future of humanity. I have often judged criminals and the crimes they are accused of committing even before their guilt is proven. Some of the crimes reported are so vile that they elicit a visceral response within me and I find myself thinking that they should just be put to death. A closer examination of punishment and the death penalty made me question my own ethics which led to an unexpected change in my beliefs regarding the morality of punishment and the death penalty.
I his book Contemporary Moral Issues, Diversity and Consensus, Edward Hinman points out that our country, “which has about 5 percent of the world’s population, has 25 percent of prisoners” (Hinman 134). This statistical data is quite sobering because while reading it in passing, one can deduce that our society is full of criminals and that in itself is frightening. However, in closer examination I think it proves that we are doing something wrong, that our approach to crime and punishment is failing. On a more personal level, it caused me to conclude that my quick reaction to punishment and specifically the death penalty exacerbates this problem. In conjunction, a failing criminal
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.
Then two decades later, in 1993, the capital punishment statutes had been reinstated and performing executions, once again striking the thing criminals fear most, death (Tucker). During the 1990s as more states began to reinstate capital punishment statutes, murder rates began to plummet. They went from 9.6 people per 100,000 in 1993 dropping to 7.7 in 1996 and as low as 6.4 in 1999, which was the lowest rate since 1966. In other words, as the author observed during his study of the forty year period, homicide rates have risen when the rate of execution went down and as the execution rates had risen, the rate of homicides had decreased (Tucker). Not only does the death penalty engender an aversion amongst criminals and people who are considering performing heinous actions, it additionally promotes a positive influence towards themselves and others around. The mandate of capital punishment establishes the attitude of abhorrence toward criminals, and causes people to think about what they are doing because of the possible consequences. With people believing that living the criminal life is not the best of decisions, they are deterred away from making the decision of performing the crime (Caldwell 598).
The four goals of punishment in the American criminal justice system are retribution, deterrence, incapacitation, and rehabilitation. The purpose of the four goals of punishment is to ensure that the sentence the criminal is receiving is reasonable and just. It is difficult to satisfy all of the components to the highest degree for all criminals. All of the goals serve a different purpose and are significant in their own way, but when combined together they create a very complex sentencing policy for criminals.
In the article "The Case Against the Death Penalty," which shows up in Crime and Criminals: Opposing Viewpoints, Eric Freedman contends that capital punishment does not discourage fierce crime as well as conflicts with decreasing the crime rate. This essay will analyse Freedman 's article from the perspectives of a working man, a needy individual, and a government official.
“The use of the death penalty in the United States has been rapidly declining since the end of the 1990s” (Dieter, 2015). This is contrast to the believes of the Founding Fathers where “the death penalty was widely accepted at the time the U.S. Constitution and the Bill of Rights were ratified” (Gardner & Anderson, 2014). While the crimes have not changed, aspects of capital punishment which were once viewed as constitutional, today are deemed cruel and unusual. The prevailing liberal view sees the death penalty as morally unjustified and a vengeful form retribution. “It is the most brutal form of state power, requires massive state administrations and it costs significantly more than life imprisonment which is both more humane and equally effective” (Davidson, 2015). They point to the lack of deterrence it provides and highlight the racial and gender biases of the criminal justice system and the potential for the execution of the innocent by the State. In contrast, those in favor of capital punishment see it as a valid, moral and constitutional punishment as punishments should be imposed in proportion to the crime. The death penalty is reserved for the most violent of crimes in society and without it, justice is not achieved for victims and their families. The death penalty must be viewed again as a valid, moral and legal
For years the death penalty has been one of the most controversial topics in the judicial field. The death penalty has been abolished in 18 states leaving 34 states that allow it. It is argued that the death penalty goes against moral and religious beliefs along with being unconstitutional. I’m against the death penalty not because of sympathy for criminals but because it isn’t effective in reducing crime, cost more than it would to incarcerate a person for life, and worst of all it risks executions of innocent people. Capital punishment is an increasingly argued issue in today’s society. The main focus of the criminal justice system is to rehabilitate criminals and to protect society from those who are not. Ernest Van Den Haag argues that,
The American society of punishment has been heavily based on British law, which has in turn grown from Western capital punishment and personal retribution. In the seventh century A.D. leaders in government have begun to realize that crimes harmed society. The government started becoming more involved in controlling crimes and punishment for the crimes being committed. To protect the citizens the leaders of the governing body assembled a set of laws that were passed along with punishments for crimes. The government devised a list of different crimes that could have several different punishments, so the government determined a list of punishments that could fit the crimes. Throughout this era many of the
Aristotle once said “the generality of men are naturally apt to be swayed by fear rather than reverence, and to refrain from evil rather because of punishment that it brings than because of its own foulness.” Capital punishment has been intertwined in United States history for centuries with a number of crimes that could lead to the death penalty if convicted, many of them are some form of murder. Since 1977, three thousand and ninety-five defendants have been on death row and of that, only one thousand thirty eight defendants have actually been executed. But the perilous question is whether or not the defendants were sentenced based on solely the facts and nature of the crime or crimes, or were there other contributing factors that influenced the severity of the verdict. There are several social controversies that surround the people who are sent to death row, predominately bias and discrimination issues which are based on ethnicity, gender, and mental health.
Punishment is defined as “the infliction or imposition of a penalty as retribution for an offense” (“Punishment”). Some prominent theories of punishment include retribution, deterrence, rehabilitation, and the moral education theory. Although retribution, deterrence, and rehabilitation are all crucial components of punishment justification, independently the theories have weaknesses that avert the moral rationalization of punishment. I believe that Jean Hampton’s moral education theory is the best justification for punishment because it yields the most sympathetic and prudent reasons for punishment, while simultaneously showing that punishment cannot be justified by solely
It has to be imposed and administered by someone of authority from a legal system against the particular crime committed.
Last but not least, from a sociologic perspective, capital punishment does not work as intended, to deter crime rate, rather, it might brutalize individuals, at the same time does nothing good to the victim’s family other than brutal vengeance. The origin of death penalty is served as a vehicle to put a warning for those potential future criminals that such kind of behavior will lead to death. However, so far, no clear evidence can be seen that capital punishment, as a mechanism of deterrent, actually cut down the local crime rate. Ironically, a reversal trend was found by Death Penalty Information Center (2010) in the USA that the death penalty leads to an increase in local murder rate. To die might be too easy for the mindless murderers. Also, for the relatives or friends of criminals put into death through capital punishment, they are more likely to be
From an early age, children are taught that murder is morally wrong. In today’s complex society that is impeded by unsettling periods of civil unrest, it is an expectation for everyone to acknowledge and accept that murder is one of the worst crimes individuals can commit. Perhaps it can be said that the death penalty is one of our legal system’s biggest contradictions of itself, as, if someone commits murder (or another heinous crime of that caliber), such ‘murderers’ will, in states that have capital punishment laws, be sent to Death Row and ultimately murdered in order to prevent potential future crimes by such perpetrators. I believe that the death penalty is wrong not only as it is immoral to take a life, but also, such ineffective laws waste money and do not deter crime.
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
What are the purposes of punishment? Which do you consider to be the most important and why?
An issue that has continually created tension in today's society is whether the death penalty serves as a justified and valid form of punishment. Whenever the word "death penalty" comes up, extremists from both sides start yelling out their arguments. One side says deterrence, the other side says there's a potential of executing an innocent man; one says justice, retribution, and punishment; the other side says execution is murder. Crime is an evident part of society, and everyone is aware that something must be done about it. Most people know the threat of crime to their lives, but the question lies in the methods and action in which it should be dealt with. In several parts of