Theory of Retribution The arguments surrounding capital punishment have focused primarily on its ability to provide general deterrence. Instead of focusing on a purely utilitarian aspect of capital punishment, it may be useful to analyze the death penalty through a morality perspective. The idea of retribution often carries a negative connotation because of its equivocation with the concept of revenge. While they may externally seem similar, they are far from analogous when analyzing the underlying motivations driving the two ideological perspectives. In order to enjoy the benefits that a legal system makes possible, each man must be prepared to make an important sacrifice -namely, the sacrifice of obeying the law even when he does not desire to do so. Each man calls on others to do this, and it is only just or fair that he bears a comparable burden when his turn comes. Now if the system is to remain just, it is important to guarantee that those who disobey will not thereby gain an unfair advantage over those who obey voluntarily. Criminal punishment thus attempts to maintain the proper balance between benefit and obedience by insuring that there is no profit in criminal wrongdoing. (Gerstein, 1974) When individuals choose to obey the law, they are in essence entering into a social contract with American society. If individuals agree to follow the law, society then agrees to provide them with the necessary protections afforded through the law and our society’s sense of
We often seek to “do unto others which is done to us”. The concept of revenge is directly mirrored in our prison system. Once someone commits a crime, they are then, through the 7th Amendment of the United States Bill of Rights, subject to go to trial before a jury. If a jury of the defendant’s “peers” then deems the appropriate punishment for the crime that they are being tried for. The evocation of the death penalty grew very controversial mostly due to that reason. Essentially what was implied is that a human’s life is put into the hands of total strangers who in most cases are only knowledgeable of a minimal section of that person’s life and character. In an editorial research report on the death penalty, written in 1963, Jeanne Kuebler includes a quote by A. Francart on the appeal of capital punishment. “Capital punishment, its opponents insist, is revenge, not deterrence or protection, and as such lessens reverence for the sacredness of human life. ‘The lesson the scaffold always provides,’ Francart wrote, ‘is that human life ceases to be sacred when it is considered useful to suppress it…’” (Kuebler). A key point that Francart makes in his quote is the idea of revenge. Our society views revenge as a readily available convention to utilize whenever they see fit. Revenge, in its simplest form, deals with the notion that we all must become equal. In the ancient Code of Hammurabi this concept is referred to as “An Eye for
Some crimes cannot be forgiven. That is why we have the death penalty to punish those who did these heinous crimes. Some people oppose this and believe that it is wrong and cruel to put a person to death, no matter how awful the people who did these terrible deeds. I am here to oppose that argument, and to say that we absolutely need the death penalty, to end the lives of these hellish figures. However, the current capital punishment standards should change, as the system is not perfect. I will list my reasons on why we need the death penalty, and analyze the opposing side to the death penalty.
In regards to the argument in support of capital punishment, the means do not come from thinking about the death penalty in theoretical ways, but is justified as a form of retribution for individual cases. Certainty, instances of individual stories are important, however, dangers do exist as a result of such stories dictating the overall thinking about an issue that has profound social consequences. Abolitionists argue that capital punishment has never been proved to be effective in deterring others from committing murder, thus, the evil that follows capital punishment far overshadows any possible beneficial factors the opposing argument may state. Quite the reverse, murder demonstrates a lack of respect for the human life. Any life is valuable
Capital punishment uses death penalty as a form of punishment in many states and countries. It is a practice that has raised endless questions all over the world. Capital punishment or death penalty policy has changed in many countries overtime. Countries such as, New Australia, Zealand and 15 states in the US do not have capital punishment. One of the major concerns arising with capital punishment is because it causes ending of a human life. People and organizations of different backgrounds are not pleased with the practice because it undermines humanity. Society being mixed of different people there are different opinions. Some people argue that it is effective while others condemn it because it oppresses the less fortunate and the poor
According to our textbook” Capital Punishment “is punishment by execution of someone officially judged to have committed a serious, or capital, crime” (pg.311) This simply explains that death penalty will apply those ones who committed a major law breaking or crime.
As an MHS twelfth grader and a student in Sociology, I humbly impart my standpoint to the Justice System regarding the case on whether or not to abolish capital punishment. There is indeed a present case as of today that one US state had declared their petition on permanently removing death penalty in the entire United States. I believe that this is a very callous appeal – one main reason we have capital punishment is to develop a sense of morality as well as protection within the whole society, not to put such great emphasis on the criminals who deteriorate the rest of civilization. Recognized to function as a restraint on committing numerous types of crimes ranging from murder to treason to theft, the capital punishment in the US should
First degree murder is generally defined as the unlawful killing of a human being that was either deliberate or premeditated or takes place at the same time as certain other crimes such as, kidnapping. Current state laws make first degree murder punishable by death or life imprisonment without the possibility of parole when specific “Special Circumstances” of the crime have been charged or been proven in court. It is possible though to be released by the parole board after a minimum of 25 years if they feel you are worthy. The death penalty is a topic that the United States is divided on. Currently there are 31 states with the death penalty and California is on that list. In 2012 a ballot was proposed that would appeal the death penalty as the maximum punishment for people found guilty of murder and replaces it with life imprisonment without the possibility of parole. I am against prop 34 because keeping these inmates alive is very costly to the government and shows low morals for the victim’s family members.
Premise 2 your argument was to keep future victims safe and one of your example are prison guards. Prison guards are trained to handle dangerous situations and protect themselves from inmates. It is there job so why would it be okay to kill another person to keep them safe from doing the job they choose. Also, as an abolitionist I believe the death penalty is clearly a denial of a person’s human rights. The death penalty goes against the 8th Amendment to the Constitution of the United States explicitly prohibits the infliction of cruel and unusual punishment. Well isn’t that what the death punishment promotes. It’s a cruel, heartless and degrading punishment.
The Supreme Court of the United States yesterday ordered the suspension of executions of prisoners waiting on death row since before 2012, when the practice was abolished, reiterating once again that this punishment is completely unconstitutional. This happened after the adoption of a law at the state level was established three years ago in the state of Connecticut banning since then again condemn capital punishment convicted of serious crimes , except for 11 prisoners who were already awaiting their conviction.
The second argument against capital punishment is that it is unfair in its administration. The poor and minorities are more likely to receive the death penalty. These kind of people don't have the legal advisors or any sort of assistance to guide them or help them in any way during their sentence. The rich in the other hand can contact the best lawyer and get out with a lesser sentence. The racial and financial inclination is not a legitimate contention against capital punishment. It is a contention against the courts and their out of line arrangement of
Today, one hears often of the rights of individuals as Americans. Whether it be their Miranda Rights or the right to bear arms granted in the Second Amendment, people are very concerned with what rights they are guaranteed. One right that is the topic of much debate is the right to life. One question seems to consistently prevail in this talk: to what extent are people guaranteed this right to live? Some would argue that this right is for everyone, regardless of any other factors, while others would argue that there are limitations to this right. The controversial capital punishment, or death penalty, and its validity stem from these thoughts. When one considers the way that capital punishment deters crime, grants justice, and provides
Capital punishment is the act of sentencing criminals to death for committing federal offenses. A federal offense is a crime that has some connection the federal government, such as robbing a federal bank. Many states have stopped using capital punishment due to the availability of less vicious means of punishment, but has not yet been abolished. The death penalty also didn’t bring down crime rates when it was used regularly. Therefore, I am against the act of capital punishment.
Retribution is the basic philosophies of many individuals who believe and support capital punishment. Many individuals believe that those capital punishments will help stop crime from occurring. Isaac Ehrlich reported, (as cited in Radelet & Akers, 1996, 4), that he had uncovered a significant deterrent effect. He estimated that each execution between 1933 and 1969 had prevented eight homicides. Radelet and Akers conducted a questionnaire on deterrence issues. These interviews were expert criminologist and the questions originated from Gallup and Ellsworth/Ross surveys (based on their knowledge in criminology) (Radelet & Akers, 1996, 6). The results showed that based on their own
Saying this is very disrespectful as it presents little to no understanding of the pain that those related to the victims go through. It also doesn't address the bigger problem at hand which is to fix the Death penalty. When people say that families want the killer killed, they are wrong. What they really want is their loved ones back. little can ever change that and one things for sure is that killing definitely does not. We need to remember that killing killers won't bring back victims. Retribution can come in many ways but killing is not one of them. Even though the murderer may be gone, the pain is still there. We live in a society where killing is a way to solve a problem. Killing is not and will never be a solution to our long term problems. The justification of capital punishment does not give victims families retribution and it creates even more of a
Are you against capital punishment? In Merriam-Webster Dictionary, capital punishment is “the practice of killing people for a serious crime” (Merriam-Webster Dictionary). It is more commonly known as the death penalty. This is the ultimate punishment and has multiple positive and negative aspects to the community. Historically, the death penalty has been used when viewed as the only option or as the only punishment the criminal deserves. The death penalty should be legal in all states due to inhumane actions of criminals, the cost of a life sentence being so much more, and the fact that arguing for a death sentence and a life sentence are two different topics to argue for.