What place does the death penalty have in the criminal justice system? Should it be used to deter other criminals, should it be used to punish those who commit crimes, or does it have any place at all? In understanding the issue of the death penalty from a moral perspective, it is important to look back at philosophers of the past to better understand the ethical ramifications of the concept of capital punishment. We will be examining two notable philosophers—Aristotle and Immanuel Kant. Through their ideas on justice and theories of punishment for crime, we will be able to better understand how they viewed an issue such as the death penalty. Moreover, in modern day discussions of the issue, sides will argue consequentialist factors such as; the pain that capital punishment might inflict, evidence (or lack of evidence) of deterrence, and the cost of an extensive appellate process. Here, however, we will simply be examining the issues surrounding virtue and duty with regards to capital punishment, as Aristotle and Kant were virtue and duty based philosophers, respectively. Through this unique lens we may better understand the issue and ethical complications surrounding the issue as we observe how Aristotle and Kant make their arguments.
Aristotle addresses the issue of justice in Nicomachean Ethics. One from of justice that he introduces is justice before the law, the type of justice that can equalize what has been taken. Aristotle focuses on the city as a community that
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 death penalty is one of the most controversial forms of punishment in the United States criminal justice system. For many, the death penalty seems like a way to gain retribution, and to help make this country a better place, however there are many reasons why the death penalty is also not a good thing. My main points that I’m going to talk about for my paper is why I don’t believe in the death penalty. Throughout the paper the reader will be able to understand exactly what the death penalty is, the pros and cons of the death penalty, and eventually be able to depict for themselves whether the death penalty is “good” or not.
The death penalty, as we know it today, didn’t exist in the United States until 1976. However, the American penal system has incorporated capital punishment since the earliest settlements were founded in the early 1600’s. The first recorded execution in the United States occurred in 1608 in Jamestown, Virginia when Captain George Kendall was executed just one year after the Jamestown settlement had been established after he had been convicted of being a spy for Spain (Part I: History of the Death Penalty). Over the next 250 years, several states moved toward abolishing capital punishment altogether. While there has been serious push towards ending capital punishment, more than half of state governments within the United States cling onto their right to execute criminals who perform truly heinous crimes.
The death penalty has been debated for centuries. Within just America, it dates back all the way to 1608. In an article entitled “History of the Death Penalty” from the website Death Penalty Information Center, it states, “The first recorded execution in the new colonies was that of Captain George Kendall in the Jamestown colony of Virginia in 1608. Kendall was executed for being a spy for Spain.” So, it is safe to say that the death penalty has been around for a long time, and has been debated by many for just as long. Most people will claim that they are against the death penalty with no reason other than they believe it is immoral and wrong. Those people simply do not know the facts of how the death penalty actually helps the American Justice System. The death penalty prevents overcrowding in prisons, reoffenders, and is cheaper to the taxpayers.
The death penalty has been in the justice system of America tracing all the way back to the days of its founding fathers. Though it is a highly controversial legal and moral matter, it still stands today as the most ultimate punishment in the United States. Many countries have been or are currently abolishing their death penalty under the notion that it is unjust and morally wrong. The United States, on the other hand, has 38 out of its 50 states with laws that state the death penalty as its ultimate punishment. Since 1990, more than 350 people have been put to death with another 3,300 waiting in death row. Another statistic that is an eye opener is since 1976, 552 executions have occurred in the United States, with 394 by lethal injection, 141 by electrocution, 11 by gas chamber, three by hanging, and two by firing squads. Half of the executions that have taken place after 1976 have happened within the last five years, 52 happening so far this year (Death Penalty). The Supreme Court ruled that capital punishment violates the 8th Amendment, which protects the right from “cruel and unusual punishment, on June 29th, 1972. The respective states halted executions in 1967, awaiting the ruling of the case. However in July, of 1976, the Supreme Court, as a just punishment for certain crimes, upheld the death penalty (Fagan, n.d.). For the nine years that the death penalty was suspended, the United States did not have a substantial amount of crime increase, which is somewhat
The primary purpose of the criminal justice system is to protect society. All features of the system; detaining delinquents, trials, and punishments all have costs. Reduction in any part of the criminal justice system can potentially result in a harmful society. The question most asked about the death penalty is, “Why should honest, hardworking taxpayers, have to pay for murderers for the rest of their life instead of executing them?” Actually the death penalty is the most expensive part off the system. According to Dr. Ernest Gross, a Creighton University economics professor, who conducted a study in August 2016, the death penalty cost an average 23.2 million more per year than alternative sentences (Gross). The study found that states with the death penalty spend about 3.54% of overall state budgets on court, corrections and other criminal justice functions associated with the death penalty, while states without the death penalty spend about 2.93% on those functions (Gross). The death penalty is more expensive than life without parole because the constitution requires an extensive and complex judicial process for capital crimes. This is to ensure that innocent men and women are not executed for crimes they did not
Imagine a world of prisons so overcrowded that police have no choice to let the criminals run rampant. This may very well be our future if we continue the jail system we have today. Controversy over the right to use the death penalty has caused many prisons to fill up and spend money unnecessarily. We need the death penalty to keep current prison populations in check.
"Two Fishermen" examines the use of the death penalty within the justice system. Share your
I once was a strong proponent of capital punishment, trusting the criminal justice system would do the right thing. Moreover, I assumed that the justice system involved honest, ethical people all working together for the good of all mankind. I often argued the need for capital punishment and believed that it increases public safety, and acted as a deterrent to other would be heinous crimes and possibly saved countless lives while acting as a deterrent. As faulty as this thinking may have seemed these were my assumptions, and like most I truly believed in the criminal justice professional, after several years in law enforcement I have learned that there are unethical, criminal justice professionals that use the peoples power
In a study conducted by the National Academy of Sciences, at least 4.1% of people on death row are wrongly convicted. While these may seem like just statistics to you and me, these numbers are someone's parents, someone’s child, this convict is a human being. This is exactly why we need death penalty reform. The death penalty has been established for many years. The most infamous example being the “Code of Hammurabi” which was established in the early eighteenth century. Over the years, a multitude of American citizens have fervently expressed opposition for the death penalty. This led to the abolition of the death penalty in nineteen states, the most recent being just last year in 2016. As many other states move to abolish the death penalty, we must realize why the death penalty needs to be reformed. The death penalty overall is way too expensive, ineffective in deterring crime, and is
After reading about the death penalty in our criminal justice book , it was interesting to find out that the death penalty was brought over to America by the English settlers. I do understand that the death penalty is a controversial topic that will never end. In the next few paragraphs, I will discuss the death penalty and my opinion on this topic.
In the United States, capital punishment has always been the spotlight of many debates concerning the consequences of severe crimes. Although capital punishment is deemed to be acceptable for violent crimes such as murder, there are numerous individuals who oppose the usage of capital punishment against violent offenders. Both proponents and opponents have given countless opinions concerning the deterrence effect of capital punishment. Research studies have also added fuel to the debate in regards to the effectiveness of capital punishment in the criminal justice system. With the differences in between the pros and cons of capital punishment, it is hard to come to a concrete conclusion on whether or not if this element serves its purpose in the penal system. This paper will further discuss if capital punishment is effective in deterring violent crimes as well its implications for the future.
Governors from death penalty states all over the world have expressed the agony they experience in deciding whether to grant clemency to a person who is about to be executed. Corrections officers undoubtedly have stressful jobs. One recent report indicates that 31% of correctional officers have post-traumatic stress disorder (PTSD). Comparing that to the rate of PTSD among returning Iraq war veterans, which is 20%, illustrates the enormity of the psychological toll exacted on prison staff. For those charged with carrying out executions, the toll is even heavier. It is clear by these statistics that capital punishment should be abolished. The execution of these criminals has major lasting psychological effects on the justice system. Despite
In conclusion, a plausible foundation has been laid for the theoretical justification of capital punishment based on Aristotelian Nicomachean Ethics. The crucial principles to support this interpretation have been included, and have been extracted from Aristotle’s conception of justice as well as his theory of human action. While the argument for the death penalty relies heavily on the balance between two individuals, the fundamental notions that serve to support this conception do in fact provide an adequate basis for capital punishment. And as such, when the criminal justice system is forced to restore the balance of goods and harms caused by murder, on its face no form of punishment can restore the life of a person whose life has been taken
Bright, Stephen B.: "The death penalty as the answer to crime: costly, counterproductive and corrupting"; 35 Santa Clara Law Review 1211 (1995)