The Death Penalty In Australia

Argumentative Essay on Capital Punishment in Australia Capital punishment is barbaric and inhumane and should not be re-introduced into Australia. Although capital punishment has been abolished, the debate on this topic has never abated. When a particularly heinous crime is committed, this debate arouses strong passions on both sides. Many who advocate the abolition of capital punishment consider the death penalty to be cruel and inhuman, while those who favor of punishment by death see it as a form of just retribution for the gravest of crimes.

Australian society has ultimately rejected the idea of the practice of capital punishment making a return into the Australian law books. However, events such as the September 11, 2001 terrorist attacks and the Bali bombings have ensured that the spotlight once again shines on the controversial subject. I am in favour of the practice returning to Australia for heinous crimes such as murder, child molestation, serial rapists, and people who commit acts of animal cruelty. This is because:

Why is the death penalty used as a means of punishment for crime? Is this just a way to solve the nations growing problem of overcrowded prisons, or is justice really being served? Why do some view the taking of a life morally correct? These questions are discussed and debated upon in every state and national legislature throughout the country. Advantages and disadvantages for the death penalty exist, and many members of the United States, and individual State governments, have differing opinions. Yet it seems that the stronger arguments, and evidence such as cost effectiveness, should lead the common citizen to the opposition of Capital Punishment.

After abolition of capital punishment in Australia, the imprisonment is considered as severe penalty. Life imprisonment is imposed mostly in cases of murders after considering the severity and circumstances of crime. Prisoners are to serve long period of their lives in jail with no hope or less hope to be released. The term life imprisonment changes jurisdiction to jurisdiction or state to state, as it can be sentence until death, twenty years or indeterminate period. The uncertainty here becomes more cruel. A few dies in prison committing suicide or natural death in prisons due to stressful and unnatural environment of prison. A long term isolation also changes attitude and behaviour in such a way that these prisoners become incapable to survive in normal society. Offenders who serve long time in prisons are also discriminated in our society whether in relation to social activities in community or employment matters. In Australia aboriginal and Torres Strait Islanders are victims of such discrimination and it can be the reason behind their growing population in Australian prisons. Thus life time sentencing has become an inhumane penalty and subject of important consideration at international level. Even harsh conditions results in higher rates of

Over the course of the eighteenth and nineteenth centuries use of the death penalty was increasingly restricted to the most serious offences. It was removed from pickpocketing in 1808, and from many more offences in the 1820s and 1830s. By the 1840s only those found guilty of the most serious offences (murder, wounding, violent theft, arson, sodomy) were sentenced to death (though only murderers were actually executed), and the 1861 Offences Against the Persons Act abolished the death penalty for all offences except for murder and High Treason.

No one has been executed in Australia since the 2nd of February in 1967. The last incident of execution was when a man named Ronald Ryan was found guilty of shooting a prison guard in an attempt to escape the jail. He was hung in Melbourne. Queensland put an end to the death penalty in 1922. Tasmania did the same in 1968, The federal government ended the death penalty in 1973. Some countries still have the death penalty, the top three countries with the highest execution rate are: China, United states and Pakistan. In South Australia, forty-four hangings took place in the Adelaide Gaol. The society agreed that the death penalty wasn’t the right way to go so in 1976 the Criminal Law Consolidation Act was modified, changing the death penalty

The topic of death penalty is highly controversial and debated on in American society. The death penalty has put many convicted murderers and criminals on the government. Using death sentence as a punishment for extreme crimes portrays America in a negative way. Although the death penalty brings justice to violent criminals, I argue that the death penalty is immoral and financially crippling the United States.

Since the last execution in Australia in 1967 of Ronald Ryan and the abolition of capital punishment in Australia in 1973 imprisonment has been the only option as a sanction for murder. A survey conducted in 2009 demonstrated that a clear majority of Australians (64%) believed that imprisonment should be the punishment for murder as opposed to 23% stating the death penalty should be used and 13% did not wish to comment. The death penalty is not an effective punishment for all cases and there has not been any solid evidence stating that it is a more effective deterrent than imprisonment. Furthermore capital punishment possesses the risk of executing the innocent, which has happened or almost happened numerous times in the past such as

In the 1800s during the time of prison reform, the use of capital punishment and conviction with the death penalty became increasingly stigmatized- less and less was this an acceptable form of punishment and grew to be seen in a much more negative light. Throughout American history, the death penalty through hangings and other execution styles was a part of public society and was often a form of entertainment. Gradually these executions moved out of the public limelight and into a more private sphere, often within the prison walls, and eventually made their way to death by electric chair and lethal injection. Increasing focus on morality led the states and country to tend toward these more ethical ways execution, yet the death penalty has still

The justice system is filled with opposition. Those who support the use of Supermax, the death penalty and the execution of those who are mentally retarded and juveniles, and those who oppose the above mentioned. The following essay will discuss all mentioned topics.

The criminal justice system is the system of laws established by federal and state governments to control crime by imposing penalties and punishments on those who violate these laws. Criminal law is primarily sourced from the Criminal Code Act 1899 (QLD) for the state of Queensland, and sentencing is imposed by the judiciary powers. However, the public and media have lost faith in the sentencing of criminals, which comes from the legislation of the Penalties and Sentencing Act 1992.

In Australia, the phrase “life sentence” has multiple meanings, but all have a common element, that the person receiving a life sentence will be serving their time in prison for the crime, and after that they will remain on parole for the rest of their life.

The question whether capital punishment; a form of execution generally referred to death by decapitation, hanging, firing squad or lethal injection, that is used by legal systems across the world; should or should not be reintroduced into Australia is a very controversial issue amongst politics, the Australian legal system and the citizens of Australia. With a slightly higher majority of Australian citizens against capital punishment (54%) outweighing the number of people for it (46%) it is unlikely that this vengeful practice will be reintroduced into the Australian legal system over the next few years [http://www.aic.gov.au/publications/currentseries/mr/21-40/mr21/02_exec_summary.html], especially as the aspects of capital punishment would

So what is capital punishment? It is defined as one person taking the life of another. In America alone there are 36 states that still use the capital punishment and Australia should do significantly more to convince countries like America, Pakistan and China to remove it from their forms of punishment? Although the Australian Government abolished capital punishment in 1967 for reasons such as the risks that come with executions, changes in verdicts and other ways around death like rehabilitation and these are the reasons why no matter what circumstances are present the death penalty will never be the answer. A quote from Mahatma Gandhi - “ Father of India”, political and spiritual leader stays, “ God alone can take life because he alone gives

Bright, Stephen B.: "The death penalty as the answer to crime: costly, counterproductive and corrupting"; 35 Santa Clara Law Review 1211 (1995)