Capital Punishment Essays (1234 words) - Penology,

Capital Punishment Since the beginning of recorded history, mankind has made use of the idea of capital punishment. Most ancient societies accepted the notion that certain crimes deserved the death penalty. The idea of a crime punishable by death dates far back to Ancient Rome and the laws passed at that time. Till this day, however, there is still much debate as to whether or not capital punishment should be abolished. Although there are numerous arguments for and against the situation, the only way to fully understand something is to look at the death penalty from both standing viewpoints. When discussing Capital Punishment, many questions are asked. Is it morally just? Is it an effective punishment? Is it applied fairly? Is it successful in discouraging potential criminals? While there is much evidence to show that the death penalty is in fact successful, the morality and social issues governing it seem to point out that Capital Punishment should in fact be abolished. Is Capital Punishment successful in discouraging potential offenders, or is it simply a penalty which does not strike fear into the criminals of today's society? While there is no more a harsher penalty than that of death, many criminals do in fact fear the death penalty. The death penalty deters murder by putting the fear of death into would be killers. A person is less likely to do something, if he or she thinks that harm will come to him. Another way the death penalty deters murder, is the fact that if the killer is dead, he will not be able to kill again. Most supporters of the death penalty feel that offenders should be punished for their crimes, and that it does not matter whether it will deter the crime rate. Supporters of the death penalty are in favour of making examples out of offenders, and that the threat of death will be enough to deter the crime rate, but the crime rate is irrelevant. Studies prove that increasing amount of executions does in fact deter murders through out the state (insert figure 1). According to Isaac Ehrlich's study, published on April 16, 1976, eight murders are deterred for each execution that is carried out in the U.S.A. He goes on to say, If one execution of a guilty capital murderer deters the murder of one innocent life, the execution is justified. Punishments should remain as severe as possible, for that is the only way to discourage today's criminals from committing a capital offence. While deterrence is the most frequently made and widely accepted argument in favor of the death penalty, why is it then that the states which do inflict the death penalty, are those with this highest murder rates? (Insert figure 2) While some may conclude that Capital punishment does have its effect on potential offenders, the opposition suggests that there is no conclusive evidence that the death penalty has any impact on the rate of crime. A recent study shows that in asking 1000 inmates in California's Matherson Prison on the question of the death penalty, 63% said life in jail is far worse than the death penalty. Capital punishment is no more effective a deterrent that prolonged incarceration. Is the death penalty a moral or immoral punishment? Capital punishment comes from the idea of retribution. This widely held concept dates back to ancient civilizations and the Mosaic Code. The idea of "an eye for an eye" has long been used by many societies and was a basic principle regarding punishments, especially murder. Many of the ancient rulers, and to some effect even today's leaders, feel that if you take someone's life it is only sensible for you to lose yours. Bibliography Capital Punishment Since the beginning of recorded history, mankind has made use of the idea of capital punishment. Most ancient societies accepted the notion that certain crimes deserved the death penalty. The idea of a crime punishable by death dates far back to Ancient Rome and the laws passed at that time. Till this day, however, there is still much debate as to whether or not capital punishment should be abolished. Although there are numerous arguments for and against the situation, the only way to fully understand something is to look Capital Punishment Essays (1234 words) - Penology, Capital Punishment There are five basic reasons that society uses when imposing punishment that I've been able to conclude from my readings. I will discuss these societal concepts and show that the death penalty does not serve to further them. As a result William Smith should not be subject to the death penalty and in fact the same should be abolished from our system of punishment. Deterrence Deterrence is basically defined as the punishment should fit the crime. Under this concept, the individual committing the crime and society are prevented from committing this action again. In the case of the death penalty, an individual kills another human and he is punished for it by death. Punishment is supposed to be a temporary penalization for a wrongful action. Death is far from temporary. One is to learn from one's mistakes. How can the person learn if they are paying for their mistake with their life? In Ernest van den Haag's article, The Ultimate Punishment: A Defense he states, The death penalty is our harshest punishment. It is irrevocable: it ends the existence of those punished, instead of temporarily imprisoning them. (Haag, 251). By imposing the death penalty the individual does not learn from their mistakes and neither does society. Economy Under this concept, punishment should be economical. As Haag points out, ...the monetary cost of appealing a capital sentence is excessive. (Haag, 253). Further, ...actual monetary costs are trumped by the importance of doing justice. (Haag, 253). Additionally there are specific costs associated with keeping an inmate on death row, (i.e. the cost of the specially built prison blocks, the need for maximum security, etc.) and more. These costs clearly out weigh the regular costs incurred to house a regular inmate. Deterrence is clearly not served by imposing the death penalty and society aims for justice are thwarted. Restitution Society demands that the punishment should fix the harm it has done. By sentencing a person to death no harm has been fixed. You can not bring the murdered person back by taking the prisoner's life. Punishment-regardless of the motivation is not intended to revenge, offset, or compensate for the victims suffering or to be measured by it. (Haag, 253). Retribution The community demands that justice be served. Would justice not equally be served and in fact may be better served by life imprisonment? I believe it would be a worse punishment to endure a life sentence in prison. The individual is deprived of his liberty. He will then suffer and live the rest of his or her life within three lonely walls and a set of bars. It gives the individual time to think and wallow in his own guilt. Someone kills another. The State then proceeds to kill him for doing so. This is not punishment but revenge. Revenge is inconsistent with society's demands that justice be served because the punishment has to fit the crime. Justice Brennan has insisted that the death penalty is uncivilized, inhuman, inconsistent with human dignity and with the dignity of life. (Haag, 254). Brennan speaks of moral imperatives. It is morally wrong for someone to kill someone. If so, then the state is committing a morally wrongful act. As they say, two wrongs don't make a right. Rehabilitation Society desires for its members to reintegrate themselves into society. Punishment includes preparing the person to reenter society and lead a productive life. Without doubt, if you impose the death penalty there is no opportunity for rehabilitation. Overview of the William Alvin Smith case William Alvin Smith robbed and killed the owner of a grocery store in Georgia when he was 20 years old. He turned himself to the police and signed a confession. The local jury condemned Smith to the electric chair but a federal judge ordered a new sentencing hearing for Smith on the grounds that he lacked the ability to understand the significance of waiving his rights to remain silent and to have an attorney present. Smith has the mental capacity of a ten-year-old. Analysis of the William Alvin Smith Case in Relation to Society's Expectations of Punishment William Smith stands before you guilty but guilty of what? That is the question. I propose to you that the only thing we can condemn