Student #110’s Paper #5: Response to In favor of Capital Punishment
Our Judicial System is messed up in many ways. From the way people get arrested to the sentencing process, everything is messed up. Our justice system obviously does not support crime which is why people get arrested when they commit crimes but something that has always troubled me is: how come, it is not okay for a regular civilian to kill someone but it is okay for a judge to decide to put someone under the death penalty, which is basically killing them. As the author of the article: In Favor of Capital Punishment calls it, why is it okay for the judicial system to commit “judicial homicide” (Barzun, 354). In this paper, I will discuss the reasons why I think the death penalty is not a step toward the resolution of the criminal problems that our cities are facing. I will use the four arguments presented by Barzun to support my thoughts.
From a philosophical point of view, it is not moral to kill. No matter how one may put it; it is not okay to kill another person whether or not it is for revenge. How are government officials going to tell people not to kill other people- because not only because it is wrong but also because they will face the consequences- and kill criminals because they think that it is appropriate in certain situations. As Barzun said:” punishment for crime is a primitive idea rooted in revenge” (Barzun, 354). When a judge decides to give someone the death penalty, their decision is
The legitimacy of the use of capital punishment has been tarnished by its widespread misuse , which has clouded our judgment regarding the justifiability of the death penalty as a punitive measure. However, the problems with capital punishment, such as the “potential error, irreversibility, arbitrariness and racial skew" , are not a basis for its abolition, as the world of homicide suffer from these problems more acutely. To tackle this question, one must disregard the currently blemished universal status quo and purely assess the advantages and disadvantages of the death penalty as a punitive measure. Through unprejudiced examination of the death penalty and its consequential impacts, it is evident that it is a punishment that effectively serves its retributive, denunciatory, deterrent, and incapacitative goals.
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.
The moral and ethical debate on the sentencing and enforcement of capital punishment has long baffled the citizens and governing powers of the United States. Throughout time, the interpretation of the U.S. Constitution, and the vast majority beliefs of Americans, have been in a constant state of perplexity. Before the 1960s, the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution were interpreted as permitting the death penalty. However, in the early 1960s, it was suggested that the death penalty was a "cruel and unusual" punishment and therefore unconstitutional under the Eighth Amendment. Many argue that capital punishment is an absolute necessity, in order to deter crime, and to ‘make things right’ following a heinous crime of murder. Despite the belief that capital punishment may seem to be the only tangible, permanent solution to ending future capital offenses, the United States should remove this cruel and unnecessary form of punishment from our current judicial systems.
Capital Punishment has ended the lives of criminals for centuries. People have debated whether the government should have the power to decide one person’s life. On one side, people think the government does not have the right to play God as well as believe that the death penalty is simply unethical. Forty-eight percent of a half sample survey stated that life imprisonment was a better punishment for murder while forty-seven percent stated that capital punishment was a better punishment (Newport). However, capital punishment should be enforced throughout the country to help deter crime, benefit the economy, and ensures retribution.
In the United States, the use of the death penalty continues to be a controversial issue. Every election year, politicians, wishing to appeal to the moral sentiments of voters, routinely compete with each other as to who will be toughest in extending the death penalty to those persons who have been convicted of first-degree murder. Both proponents and opponents of capital punishment present compelling arguments to support their claims. Often their arguments are made on different interpretations of what is moral in a just society. In this essay, I intend to present major arguments of those who support the death penalty and those who are opposed to state sanctioned executions application . However, I do intend to fairly and accurately
Contradictory to Schorth, Robert Blecker goes on to that this punishment is not meant for revenge, using it as revenge would be as if we were using a person to send a message, the death penalty is much larger than that. We should kill for one reason and one reason only: They deserve it, in three words. In one word: justice”(Blecker). The death penalty is not used for revenge nor it does not continue a cycle, it ends the cycle. Criminals, such as the ones in the cases above, take from people, they take their lives, their peace, and their liberties in order to give themselves undeserved
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 death penalty is merely retribution, not at all revenge, as they are not nearly the same. Retribution is a punishment for doing something. Revenge is to avenge as oneself usually by retaliating in kind or degree, or to inflict injury in return for. Punishment is harm inflicted by a person of authority upon another person who is judged to have violated the law (“Death Penalty”). It is easy to mistake the two for being the same thing, but their definitions state
The fight and controversy behind capital punishment is not a new idea. The death penalty has divided America down the middle, with half against and half pro the punishment. Due to the sensitivity of capital punishment, the Supreme Court has dictated which states capital punishment is legal. Despite it being legal in these states, it is up to the prosecutor’s discretion to vie for this punishment as opposed to other forms such as life in prison, rehabilitation, etc.
The death penalty does not deter criminals from committing crime. Most criminals who commit crimes do not have intentions of being caught and believe that they are invincible from the repercussions of their actions. Because of this, the death penalty really does not deter criminals from committing a crime. In fact, the death penalty could be considered an “easy way out” because the criminal does not have to spend several months, years, or even the rest of his or her life behind bars with little contact with the outside world. The criminal can just die and no longer have to suffer with knowing what he or she did, how it has affected others, and how it will continue to affect his or her life. Also, many criminals end up committing suicide in prison because they do not want to have to spend every day locked in a jail cell for extended periods of time.
Murder, a common occurrence in American society, is thought of as a horrible, reprehensible atrocity. Why then, is it thought of differently when the state government arranges and executes a human being, the very definition of premeditated murder? Capital punishment has been reviewed and studied for many years, exposing several inequities and weaknesses, showing the need for the death penalty to be abolished.
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.
In Stephen Bright’s article, “The Death Penalty as the Answer to Crime: Costly, Counterproductive, and Corrupting” Bright asserts that capital punishment does not work because it is racially biased, the quality of the lawyers and attorneys supplied by the state to poor defendants is unfair, and that the law system currently in place does not accomplish its true goals. Bright defends his claim with logos and ethos by examining the opinions of judges and district attorneys, and by describing experience within the fields of human rights and law himself in order to persuade the reader to take up more cases for those on death row. Given the language used in this article Bright is writing to an audience with intermediate to professional experience within the field of law, and a willingness to adopt a new idea on the constitutionality behind the death penalty.
Capital punishment is beneficial to the community. It provides the society with a sense of security. The death penalty contains a positive influence on the future. A heavily debated topic is, “Does capital punishment deter people more than a life sentence to prison?” An explanation on why will be covered later. An issues many people have with capital punishment, is when it is just or not just. This is a topic many stray away from, because it is difficult to decide. Finding the right consequence for an action is difficult. While this paper is for the use of capital punishment, it is clearly not needed for every crime, or even every murder. Overusing capital punishment, such as using it for every murder, will negatively impact the country, and not using it has the same effect.
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