Below are presented the facts to organize a better picture of the current state of affairs regarding the presented theme. By means of it, the government protects the fundamental moral values of civilization and the right for life of innocent people. The second argument states that the society is controlled with basic fear of death, and such a type of punishment is capable of preventing the further crimes.
The statistics have shown that numerous people have a temptation to commit a criminal act. For a normal person, it is quite easy to restrain from such actions, but there are people who are not afraid of public accusation or any other means of control.
That is why the fear of death is among the most effective means of criminal-level control. That is probably why the death penalty was so popular in England and France of old times. The third argument states that death should be imbued for death as a means of retribution. There are no equal means of punishment that can justify death except death.
According to such rule the logic of equal exchange can be considered the most righteous methods of punishment. The fourth argument is that a victim should have a right for self-defense. If a criminal is coming to the victim with a murderous intent, the second party is often limited to protection only and cannot respond with the same action.
The death penalty is the means of protecting the citizens from violence, and the government is the body that takes the role of an executor. The opponents of the death penalty say that any person has the right for life. This argument is based on the fundamental religious statement that it is forbidden to slaughter the ultimate creation of divine power. Additionally, it is stated that human being was crafted according to the image of God.
The lives of all people even sinners are under the protection of Almighty. In this aspect, the death penalty is also a sin and substitute of a Divine Truth. Some types of suffering are applicable like a visit to a surgeon or a dentist. According to this argument, the death penalty is the violence that exceeds all the norms of society. The lifetime incarceration is said to be the best alternative for execution.
In case of a judicial mistake, the death penalty can lead to irreversible consequences. The argument states that there were numerous cases when innocent people were condemned to death. The end of life is the end of justice without any means of fixing in case the wrong verdict was done. That is why there always should exist a supposition that a person can be innocent unless there is enough evidence.
Some sociologists state that frequent public executions distort the moral values of the society. It destroys the principle of life values and makes people senseless and emotionless. It will be constantly difficult to state for sure if we need the death penalty or not as there is an equal amount of statement for and against. However, in most cases, people are the ones who create the opinion of crime and appropriate punishment for it.
Writing Guide. Other paper types. Social Sciences. Business and administrative studies. Natural Sciences. Wrongful execution is injustice towards the people and cannot be reversed. A person can face the death sentence when innocent of any crime. There have been people released from the death row minutes before their execution.
However, as explained earlier, this is extremely hard in this age of technology Peterson There is the use of DNA and other reliable methods that indeed show the criminal. Therefore, this issue can be described as a non-issue as the numbers in the Criminal Justice department are negligible to aid this argument Peterson In the United States, majority like the death sentence, and often appears to be reasonably contented with the executions as seen in most surveys.
However, those arguing against it looks at the ethical issues involved, the theoretical factor of the death punishment concerns whether criminal execution is ever a form of punishment that is morally defensible Fridell They argue that death punishment is never ethically reasonable and, therefore, it should be illegal.
However, hard evidence is hard evidence, whether it is published to a Harvard lawyer or a high school dropout. The other argument against the death penalty is discrimination. Statistics shows that about eighty percent of all murder victims are said to be blacks while fifteen percent are said to be white.
Those that do not back the death penalty, such as NAACP argue that the system favors the white as compared to the black. However, this is not a legitimate argument as it has been seen that if one commits a crime that deserves a death sentence, then the death sentence should be handed to him or her regardless of the race that they come from. Therefore, the death penalty should not be biased on race and should not go against cruel and unusual punishment clause. Death penalty ensures safety of the society, and if that is the case then, the society does not need to complain of the expenses that come with it Fridell Human lives in the society including those of innocent children and hardworking fathers and mothers are important and should be protected from the serial killers, rapists and drug dealers that are determined to ruin the society, commit murder and rape women and small children.
The death penalty should, therefore, be handed to the persons that deserve it. In resolution, the death penalty is one of the major issues that different people have a different opinion about. There are some who favor it while others are against the idea of killing a criminal even if the person is guilty.
Death penalty deters criminals from committing heinous crimes; it scares them as they know what they will face when they commit the crimes. Further, it eliminates the bad apples in the society that can cause rot to the whole society. These people if allowed to live can commit more crimes in the prisons Fridell Further, there are those crimes such as premeditated cold murder that can only be punished by a death sentence.
Any less than that will be an injustice to the victim as well as the loved ones of the family that the victim belonged to. Those against the death penalty argue that innocent people might die, however, this is a rare occurrence. They also play the human right card and cost. However, it is also not in the human rights to coldly take away the life of a person and the government has a role and duty to shield its citizens from this bad apples and elements in the society.
In regards to cost, there is no price that can be put on the peace and tranquility of the citizens. Works Cited Fridell, R. Capital punishment. New York: Benchmark Books. Print Moore, B. Making your case: Critical thinking and the argumentative essay.
Mountain View, Calif: Mayfield Pub. Radelet, M. Facing the death penalty: Essays on a cruel and unusual punishment. Philadelphia: Temple University Press. Peterson, Tim. The death sentence: why it is important: The University of Kentucky Press.
Murder is considered as the unlawful killing of another human being under conditions that are spelt out by law or constitution of a nation. A person who commits the action of taking away the life of another human being is referred to as a murderer.
In most societies, murder is considered as one of the worst types of crimes and it is differentiated from the other types of homicides like manslaughter. A homicide is an act of killing another human being. Murder is considered as a form of criminal homicide, which means that a homicide covers a larger scope than murder.
In United States of America, murder is considered as one of the most serious crimes. The sentence for murder is either life imprisonment or in some cases the death penalty. In the state of Georgia, murder is considered a very serious felony. Murder can be classified as either voluntary or involuntary.
However, as long as there is evidence that one committed the crime, the sentence is either a death penalty or a life sentence. Murder is divided into degrees which are: First degree murder, second degree murder, voluntary manslaughter and involuntary. However, every state has its own jurisdiction and laws on how to handle murder. In Georgia, murder is not divided into the four degrees Morris, One is charged with murder if they had the intention to kill another human being, if someone caused the death of another human while committing another crime like robbery or if they acted in a way that disregards human life.
Detectives in the state of Georgia and the United States as a whole take cases of murder very seriously. This is because the society is not safe if murderers are roaming the streets, rubbing shoulders with innocent citizens. The police with the help of detectives investigate murder cases with a lot of aggressiveness. This is because murder takes away family members and important people in the society.
Therefore, it is quite unfair that one or more people are left free, yet they have taken away an individual from his or her loved ones. Manslaughter is considered as the unlawful killing of another human being without malice. Manslaughter is classified into two classes, voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter is the result of provocation: an argument, anger or a fight. Involuntary manslaughter is considered as the unlawful killing of another human being without malice.
Involuntary manslaughter is distinguished from voluntary manslaughter through the absence of intention. Involuntary manslaughter is also divided into two types, constructive manslaughter and negligent manslaughter. Constructive manslaughter is the result of un-intended murder, which occurs in the way of another criminal act. On the other hand, in the United States negligent manslaughter is also referred to as criminally negligent homicide. This is death which occurs as a result of recklessness or serious negligence.
Criminal liability is approved when it comes to a high degree of negligence or recklessness. This crime is common to professionals since the state has no criminal liability over the failure to act unless for the case of a specific duty Morris, A perfect example is when a doctor fails to put his patient to medication which leads to the death of the patient. The family of the patient can, therefore, sue the doctor for negligent manslaughter. The punishment for manslaughter in most cases is a sentence of twenty years for voluntary manslaughter.
However, for involuntary manslaughter the sentence is less with a minimum sentence of days. The competency of a witness is measured through some aspects which include, mental power, and age. However, the most important aspect is for the individual to understand the nature of tests and an oath which are used to determine the competency of a witness. The most important rule for all witnesses is that one can testify only if they are willing and can only submit information that is true.
A witness ought to submit information that is only true and relevant to the case being heard. A witness who a hospital has said to be mentally unstable does not qualify as a witness in the case. The legislature has the right to judge the age limit for witnesses especially when it comes to children. For a child to qualify as a witness, there are three essential things that the child must have the ability to do. One is to differentiate from the truth from lies. The child must also be prepared to testify the truth and capable of remembering the events that pertain to the case.
In conclusion, the law caters for all aspects of crime and provides a sentence that is just. The judicial system is used as a checker for the law, ensuring that anyone who breaks the law gets his or her due sentence and judgment.
References Morris, T. Fine lines and distinctions: Murder, manslaughter and the unlawful taking of human life. The essence of punishment is to correct someone so that the same mistake cannot be done again. However, the administration of capital punishment ruins the whole need for correcting someone. How is one supposed to change when he no longer exists? Human is bound to error, and punishment is a form of discipline. But death penalty is like a form of injustice towards the kith and kin of discipline.
Imprisoning someone is already stigmatizing enough for the inmate to learn there are other better methods of punishment , as the objective of a legal way of punishment is to prevent crime. It should be noted that these crimes are mostly not committed out of self will, they are emotionally based and the doer is at times not aware of his intention until he does it.
Historical background:. Capital punishment is synonymously known as the death sentence or execution. The endeavors resulting in capital punishment include; espionage, military justice, treason and murder. Nevertheless, it can be a punishment for sexual and religious crimes like rape and apostasy, respectively Rogers, The utilization of capital punishment dates to historic and ancient periods.
A Origin: 1. Historic documentation:. The movement towards human execution is documented in New England. A significant exemplar of such an execution was documented in December In France, it was practiced prior to the 18th century. Capital punishment is also documented in early monastic and dynasties.
For instance, it was depicted in ancient Rome at the colosseum. A striking exemplar is the execution of Christian martyrs by letting hungry lions feed on them in the arena. It was also depicted as a form of political assassination of eminent enemies. Early methods:. The earliest form of execution was stoning.
It is dated to the period of the Common Era. It was considered in ancient societies, which applied Moses, laws. Another archaic method is hanging the criminal by overturning the stool on which they stood upon. In the ancient times advancements were considered to fasten and ease execution. These led to the evolution of dropping an individual from a cliff in an attempt to dislocate their necks with the spinal cord.
At the launch of the19th century, France adopted guillotine method for execution. States without capital punishment:. The initial state to burn capital punishment was China. It banded it in the period of and Emperor Saga was responsible for its abolishment in Japan. Nevertheless, the abolishment was short-lived as it lasted until The official abolishment conducted during the modern period was by Leopold Peter. He abolished it in Tuscany. He was inspired by writings of Beccaria, an Italian novelist, on the inhuman and societal torture of execution.
The Roman republic banned it in The endeavors to abolish the punishment spread to Venezuela, and it was implemented in The Portuguese abolished it in after a series of legislative amends and controversy. Canada condemned the utilization of the form of punishment in In Australia and France it was abolished in and , respectively.
The United Kingdom did not entirely ban the practice, but they limited its implementation to treason, piracy and arson. Michigan was the first state to abolish it in the America states. In Africa, South Africa does not indulge or propagate execution of capital criminals.
Gabon is documented to have abolished the practice in , making it the most recent movement to abolish execution. The death penalty is a sentence given to offenders after conviction by a Court of Law, capital punishment is different from execution carried out by extrajudicial executions carried out without due process of the law. Crimes that attract the death penalty are referred to as capital offences Mandery, and Evan In , the United Nation called out non binding resolutions calling for global moratoriums of executions.
Article 3 of the Universal Declaration of Human Rights UNDHR Act entitles every person has a right to life, liberty and security, Article 5 stipulates that no person shall be subjected to torture, cruelty, inhuman or degrading treatment or punishment.
Everybody is entitled to life as it is a fundamental right according to the human rights watch, and although it is not clear on to everybody as also in the article it does not speak against death Mandery, and Evan The United States of America is the only European Country practicing the execution punishment despite controversies over its merits and its effectiveness as a measure of deterrence over serious crimes by nature.
According to the law capital punishment is a legal sentence. Amnesty Intentional strongly disapproves of death penalty regardless of the crime committed together with the method used in executing an individual, according to Amnesty countries have abolished the death penalty Mandery, and Evan This sentence is carried out in various lawful ways; lethal injection, electrocution, hanging, firing squad and a being placed in a gas killing chamber.
The first infliction of the death penalty took place in Jameson an American colony in during Revolutionary War, at this time it was widely accepted. A National Moratorium placed in as the United State considered its constitutionality in the case of furman v. Ed 2d the death penalty was considered to have ended declaring it unconstitutional and cruel to the society, words of the juries Mandery, and Evan In reality the costs of life imprisonment may appeal to a whole lot of people compared to death sentence due to the cost incurred while executing death sentence, the cost of death penalty amounts to the net of taxpayers, it involves more pre-trials, more attorneys, and more experts with a series of appeals once the inmate discovers they are on the death parole Rogers Thus the death penalty would not deter any offender considering long term imprisonment Rogers The possibility of having innocent people put on these death paroles is scary and inhumane, and some might even go mental nut case on the idea of going on the death penalty, this is so because since the modern death penalty 87 people have been freed that were mistakenly convicted and sentenced on death penalty, it is better 5 guilty people to go free than have one innocent life taken Gershman Mistakes made on death penalty are never revocable and the society might have to live with the guilty of killing an innocent life, let us pause and be civilized and not risk innocent lives.
Punishments are supposed to rehabilitate someone. Ironically, death extinguishes the person. Therefore there will be no correction done on the criminal. Moreover, it is claimed that by executing someone, it would make others fear death and hence not commit such acts. Most of the times, murder is committed out of passion, anger, rage and emotional imbalance. Many people kill as a form of revenge. Those who commit stone cold murder usually have nothing to do.
An example is sending a survived suicide bomber for execution. He wanted to do that to himself! So in essence, you will be just fulfilling his dreams. They have no regard for life, not even theirs. The serial killers too are not afraid of death. Therefore those who would be afraid of death even in their normal self are killed because of other murderers who would care less.