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(Lifton and Mitchell, 2007) Lots of people are against death penalty. For the purposes of this assignment we will examine the issue from both sides with the intent of persuading the reader of the necessity of the death penalty. It is also questioned during this same argument, though, by those who conclude that capital punishment is not a deterrent to violent crime, whether they should also be able to conclude that prison is not a deterrent either, since…… (1999) Capital punishment a deterrent to serious crime. Moreover, the death penalty is meted out unjustly to a greater number of poor, minority, and disabled population. "Cost of the Death Penalty." Retrieved Feb 21, 2008 at The utilization of the death penalty for designated crimes continued through the years and became incorporated in Britain's penal system (DPIC, 2010). But we can not advocate capital punishment under the guise of protecting the interests of victims' families, and then cut those members out of the process when they do not support the death penalty. [Read More] Works Cited American Civil Liberties Union (2002). "DNA testing and the death penalty." Retrieved Oct. They argue that it is against humanity and immoral and is there any a crime (or series of crimes) so terrible the offender deserves to depart his life? [Read More] References Lifton, R, J., and Mitchell, G., (2002) Who Owns Death? The United States legal system currently allows for executions; although not all states practice capital punishment. Capital punishment reveals biases and flaws in the American judicial system. id=1101084&n1=3&n2=28&n3=99 Bonner, Raymond and Fessenden, Ford. "States With No Death Penalty Share Lower Homicide Rates." The New York Times. Britain's use of capital punishment carried over into colonial America (DPIC, 2010). "ACLU Praises Supreme Court Refusal of 'Sleeping Lawyer' Case as 'Acknowledgment and Reminder' of Death Penalty Problems." Retrieved Sept. Furthermore, even if only one innocent person were sentenced to death it would be too many. I fully agree with the author's observations but still believe whitleblowers are admirable. Equal justice and the death penalty: A legal and empirical analysis. It is believed that this still presents these people with the opportunity to offend again. Stephen Nathanson writes, To do away with punishment entirely would be to do……
Discouraging whistleblowing allows white collar crime to flourish. Rob Perez claims that whistleblowers suffer consequences including social isolation that may outweigh the impact of their courageous deeds.
Whistleblowers should be encouraged to come forward because they ensure a more ethical society.
Capital Punishment has been in effect since the 1970s, despite cases and controversy that it goes against a person's 8th Amendment rights. After all, in that scenario, avoiding medication could be likened to any other attempt to avoid punishment. Quarterman: mental illness, the death penalty, and human dignity. The first ever recorded execution was in Jamestown in 1608 and since then, it has been used as an effective tool of punishment (Supreme Court Debates, Dec 2004). [Read More] References Soss, Joe; Langbein, Laura; Metelko, Alan.
In 2002, 71 inmates were executed, which was 5 more than 2001, and of these 71 inmates, 53 were Caucasian, and 69 were male (Capital Punishment Statistics, 2003). If one agrees that the death penalty is a just penalty for one who has committed a capital crime, and that the reason that mentally ill defendants should not be executed is because they lack competence, then it does not seem unethical to allow them to be forcibly medicated in order to be competent. Death penalty has been present in the United States from colonial times.
Mc Cord, D., and Latzer, B., (2010) Death Penalty Cases, Leading U. Supreme Court Cases on Capital Punishment, Butterworth-Heinemann; 3 edition, 400- 410. Since 1976 when capital punishment was reinstated in the United States one of the reigning…… This paper explores the Supreme Court cases exploring this controversial topic and discusses the evolution of jurisprudence on the subject matter.
Messerli, J., (2007) "Should The Death Penalty Be Banned as a Form of Punishment " Balanced Politics . Death Penalty as Retribution The Retributive Nature of the Death Penalty The peaceful fabric of society is torn whenever a crime is committed. [Read More] References Blecker, R., Kirchmeier, J., Erlbaum, W., Drehle, D. Much of the legal support or opposition for the use of the death penalty has been at the state level.
As has been shown, not only does the death penalty lack any kind…… Journal of Advanced Research in Law and Economics, 1(1), 12-15. A lot of people consider death penalty as an immoral, or an unreasonable punishment. Tessie Hutchinson and the American System of Capital Punishment" 59 Maryland Law Review 553. In cases such as Furman v Georgia the arbitrary nature of the case was taken into account. They do not take their chances of being caught and subjected to capital punishment seriously enough to be frightened by the penalty like many assume they will be (van den Haag, 2001). Social Conflict Theory and the Death Penalty Social conflict theory typically connects deviant behaviors with power. The following discussion will highlight three facets of the powerful argument against the use of the death penalty. According to Dreyfuss (2003), women convicted of murder specifically face issues such as prosecutors who ignore mitigating circumstances, self-defence, abuse, and mental illness in seeking the death penalty. Further, and more important, imposing the death penalty plays a pivotal role in society being able to uphold the values of justice, innocence, and social well being. The appeals of death row inmates sometimes never get heard. The original trial and all the subsequent appeals forced Barlieb's family, including four young daughters, to spend 17 years in the legal process - her oldest daughter was 8 years old when Cynthia was first shot, and 25 when the process ended without a death sentence (Pompelio 2005). In the case of an intentional murder, the death penalty may deter the action. In recognition of opposing views, it is important to note that over time, those in support of capital punishment have often cited cost considerations.
The death penalty methods of punishments were actually brought in from Great Britain to the United States of America, and there were any number of methods of execution, like for example guillotine, burning at a stake, or impalement. For this reason, many states, most of which are in the northern parts of the country are against capital punishment, while many southern states support this kind of a law. The research focused on the cases of Furman v Georgia, Woodson v. It is pivotal because "injustice" not only can have "a corrosive effect" on the perception of the fairness (or unfairness) of the criminal justice system; it may actually "contribute to increased crime." The rationale behind Ruddell's study is partly sociological and partly philosophical: when ethnic minority groups "increase in number and size, they also contest the status quo," and become a "threat." As the minority group grows, so do perceived threats to the economic and social structure of the majority increase, and hence "minority communities are likely to be policed more aggressively," Ruddell continues. Death by Discretion: Who Decides Who Lives and Dies in the United States of America? Against Capital Punishment the Anti-Death Penalty Movement in America, 1972-1994 (New York: Oxford University Press, 1996) Langan, John. Most juries still consist of all white members in many places (Freedman). Media Central, Inc.: PRIMEDIA Company, November 1, 2001 Easterbrook, Gregg. Florida: New Republic, July 21, 2003 Freedman, Eric. USA today: Society for the Advancement of Education, March 1997 Goldberg, Steven. National Review: National Review, Inc., June 30, 1989 Functional Theory Approach to Death penalty The functional theory approach to the death penalty is the longest standing explanation for why the death penalty works. The functionalist theoretical approach suggest that death penalty serves a certain function, that is, deterring crime (Weisberg, 2003; Gamson, 1988). Unfortunately this theory is somewhat debunk, as there is little hard evidence supporting the notion that the death penalty successfully deters crime. "Racial prejudice and the death penalty: A research note." Social Justice, 20(1-2): 150 Blumer, H. [Read More] References "Death penalty for minors: Cruel and unusual." (September 27, 2004). Death Penalty Whether or not the death penalty should be utilized as a punishment for serious crimes is a contentious issue, one that is hotly debated throughout the world. "Poll Shows Growing Support for Alternatives to the Death Penalty; Capital Punishment Ranked Lowest Among Budget Priorities." PR Newswire 16 November 2010. [Read More] Death Penalty Society's primary responsibility lies in working towards assuring the physical and psychological well-being of its honest and upright citizens. 29, 2004: The most notable provision of the Eighth Amendment to the Constitution is the prohibition against “cruel and unusual punishments.” Several arguments waged against the death penalty invoke the Eighth Amendment and claim that capital punishment is both cruel and unusual. Therefore, the death penalty is not a violation of the Eighth Amendment, as long as it is restricted for use in response to capital crimes unequivocally committed by mentally capable adults. [Read More] Tonry's book is a detailed and comprehensive look at racial disparity in the U. In the work he discusses how many experts have convened over the years to determine that there is no reason to believe that capital punishment is more of a deterrent to violent crime that life sentences and yet the U. government is still alone among all Western nations to retain its legality. He is also very effective at providing a relatively balanced look at just why in a social, political and legal sense that capital punishment exists today and especially at the manner in which it is applied, including an extensive look at why the appeals process is so vast and strict. However, the reasons why people commit crime are as different as the individuals themselves. The first is the carefully plotted, well thought out, planned act. The person must feel that they will gain some type of value from the action. [Read More] Bibliography 1) James Fieser, "Capital Punishment," Accessed on 3rd June 2007, available at Dudley Sharp, "Death Penalty as a Deterrent," Accessed on 3rd June 2007, available at Kenneth Cauthen, " Capital Punishment," Accessed on 3rd June 2007, Available at, is important to note that though the victim's family also does suffer, the accused could be somebody's mother, father, spouse or even best friend.
As such, it is unlikely to change in light of knowledge or information about the death penalty and its administration" (Vollum & Buffington-Vollum, p. Furthermore, "those who scored higher on value-expressive attitudes were less accepting of information critical of the death penalty and, in turn, less likely to change their views in light of the information presented." Thus, the widespread support of the death penalty in the face of ample evidence suggesting both its functional inefficacy and unjust application is explained by the fact that much support for the death penalty is shaped by values and beliefs wholly separate from evidence or data, and as such those beliefs are largely immutable in the face of such evidence. There are many numbers of people who either support death penalty or are against it, and there are quite a few arguments in support of both. Retrieved From on 24 March, 2005 Capital Punishment, Three good reasons for supporting the death penalty. North Carolina, Gregg v Georgia, Mc Cleskey v Kemp, Ford v Wainwright, Atkins v Virginia and oper v Simmons. As a result more arrests take place in these communities…… "Capital Punishment," Theological Studies 54.1 (1993) Steiker, Carol S. Freedman (1997) adds that most capital defendants cannot afford a suitable attorney and so the court must appoint a counsel. In this case a functionalist may in turn look for latent functions the death penalty might serve including revenge or victim appeasement (Weisberg, 2003). In the past few decades the number of nations that sentence criminals to the death penalty has dramatically decreased, as more than two thirds of countries in the world have abolished the use of the death penalty in practice or law (Amnesty International, 2010). Retrieved November 24, 2010 from High Beam Research. Implicit in the preceding statement is that government and other social institutions must bring about a social environment that is safe and free of crime, especially serious offenses that can endanger lives. However, the Supreme Court has heard several such cases and consistently upholds the constitutional legality of the death penalty on Eighth Amendment grounds, as with Gregg v. The Supreme Court has also created limitations on the use of the death penalty,…… Retrieved online: https://deathpenalty.procon.org/view.background-resource.php? resource ID=001715#VIII Murder cannot be a decried and yet practiced by the same entity without being hypocritical. His thesis is basically that the process is so "moral" and "ethical" because it is the stop gap effort of the nation to come to terms with why the death penalty is still on the books at all. It may be that they gain something, such as money, or they may feel that eliminating a person will offer them some type of protection. In such a case, it becomes hard for many to come to terms with death as a form of punishment for a loved one.
Thus far the death penalty has only been considered in general as it relates to people's support for it. Another look at the deterrent effect of death penalty. However, what one decides ultimately rests on the individual and his cultural background and his religious and moral ethics, but the death…… Retrieved From on 24 March, 2005 Death Penalty Is Fair The Death Penalty Is a Fair Punishment for Murder Arguements have been raised concerning death penalty for a long time now. The research demonstrates a gradual evolution in the manner in which the Supreme Court views cases involving the death penalty. "No, Capital Punishment Is Not Morally Required: Deterrence, Deontology, and the Death Penalty," Stanford Law Review 58.3 (2005) It would seem that many criminals would find this more amusing than frightening. Major studies found that the quality of defense representation in capital murder trials is in general far lower than in felony cases. The State must offer attractive pay to competent counsels on the one hand and there many poor people needing them on the other. Functionalists support strong condemnatory action because weak or less severe penalties may suggest that the underlying conduct "is not genuinely worth condemnation" (Weisberg, 467). The increase in countries choosing to abolish the death penalty is for good reason, as the arguments against its use are numerous and are based in reliable research and logic. Retrieved November 24, 2010 from High Beam Research. All arguments against the death penalty appear doubly applicable to women so convicted; those already victimized by their circumstances and relationships are further victimized by a justice system that is supposed to help them, while the guilty are allowed to continue with their crimes, freed by the skill of high-priced lawyers. Viewed from this perspective, it appears that perhaps the death penalty is a necessary recourse for any society, which wishes to prevent the reoccurrence of severe crimes. "To murder victims' families, executing killers is justice." The Baltimore Sun. [Read More] References Cornell Law School Legal Information Institute (2017). Retrieved online: https://cornell.edu/wex/death_penalty Death Penalty Information Center (2017). Retrieved online: https://deathpenaltyinfo.org/methods-execution “Is the Death Penalty Unconstitutional? Innumerable individuals on death row have been wrongfully convicted due to any number of reasons. A good example is the 1985 murder of convenience store clerk Cynthia Barlieb, whose murder was prosecuted by a district attorney bent on securing execution for Barlieb's killer (Pompeilo 2005). "Arbitrariness and the death penalty: how the defendant's appearance during trial influences capital jurors' punishment decision." Behavioral Sciences & the Law. In any case, the person justifies their actions through a perceived reward in the future (Horisch and Strassmair). Thus though capital punishment may be viewed as a symbol of justice by the victim's family as well as friends, it surely does cause pain to the wrongdoer's family and friends who may have had nothing to do with the offense committed.