Abstract This paper examines the evolution of capital punishment in the United States. The paper explains that the practice of capital punishment in the United States had its origins in England and that the debate over the morality of capital punishment is a long standing one. The paper further explains that attitudes regarding capital punishment shifted over time as well as the reasons it was used. The paper discusses capital punishment policy during both World Wars, the Vietnam war and in present times and briefly compares President George W. Bush's policy on capital punishment to that of Thomas Jefferson.
From the Paper "It is tempting, on assessing the media coverage in the United States today, to think that the debate about capital punishment is one of relatively recent origin. However, the debate originated about the same time the United States became a group of recognizable colonies with common, if still somewhat amorphous, codes of morality and ethics. Arguably, it originated earlier than that, in the England from which most American settlers came; the death penalty had long been written into English law although, as Levi notes (2002, p. 131), it was rarely carried out because the structure of government was such-with its dependence on the good will (or ill will) of the nobility-that there was much latitude in its application."
Abstract This paper looks at how the amount of crime increases every day and how governments are working over time to fight this disaster and reduce it. It shows how some countries adopt capital punishment as one of the best ways of deterring crime and how others that have abolished capital punishment are trying to show the negligible effect of this kind of punishment. It examines how the United States of America, the only western country that uses death penalty suffers from a huge amount of offense from other countries. It evaluates how statistics have proved that there is no real positive effect with capital punishment and what makes capital punishment ineffective are errors in judgments such as lack of justice and natural mistakes.
From the Paper "In addition, the positive effects of death penalty on rate of crime are not proved. For many years it was thought that capital punishment is a deterrence of crime but later, when statistics became expanded, statisticians express that the idea that states with capital punishment have a lower crime rate is wrong. McManus (1998) expresses that states without the death penalty have fewer homicides than states those use death penalty. Massachusetts that has been abolished the death penalty, as an example, has the fewest crime rates in the United States of America (McManus, M., 1998). Similarly, Bonner and Fessenden (2000) illustrate that during the last twenty years, the rate of murder in states with capital punishment has been forty eight percent to more than one hundred percent higher than states with no capital punishment."
Abstract The paper states that only the human species is known to inflict pain purely for retribution. The fact that justice and punishment for rule violations are evident in animals, and that different human cultures have defined justice, crime, and punishment in myriad, and often in mutually contradictory terms, suggests the need to establish objective principles for concepts of justice that are indeed just. The paper concludes that "justice" incorporates objective rules without basis, which reflect the strength to impose the will of the of those more powerful in society, over the less powerful. The paper also states that crime and punishment are exclusive to human societies, notwithstanding our current relative inability to administer those concepts uniformly and justly, in most human society.
Outline:
A Survey of Cultural Variation of Crime and Punishment Throughout History
Toward the Objective Standard of Justifiable Criminal Definitions and Punishment Conclusion
From the Paper "In particular, purposeful actions on the part of society or dominant group of leaders to address unwanted behaviors or actions of the individual is apparent among many animal species, such as in relation to violations of established social and pair-bonding relationships and hierarchy of access to food and other natural resources (Gerrig & Zimbardo 2005). In certain primates, for example, group members risk both physical retaliation and elements of social exclusion if they are discovered by other group members to have hidden or failed to share resources by not disclosing its existence or location."
This paper reviews several judicial court decisions to seek the meaning of "cruel and unusual punishment" as based on the Eighth Amendment to the U.S. Constitution.
Abstract This paper explains that, on the Federal level, the decision to apply the death penalty depends on the definition of "cruel and unusual punishment" that is cited in the Eighth Amendment; however, the U. S. Supreme Court disagreed with the use of the death penalty, reflecting a moral concern when it has claimed that the punishment is freakish. The author points out that, in "Coker v. Georgia", the Supreme Court remanded the case because the death sentence is a "disproportionate penalty" for rape, based on "the objective evidence of present public judgment", the Eighth Amendment bars "barbaric" and "excessive" punishment. The paper states that the Supreme Court must still determine whether it is necessary to demonstrate that the racial discrepancy is a consequence of "a pattern of intentional discrimination" and determine how large a discrepancy must be shown to constitute a violation of equal protection and "cruel and unusual punishment" clauses.
From the Paper "The argument was formally raised in McCleskey v. Kemp, when an African-American petitioner was found guilty of killing a white police officer in an attempted armed robbery of a store. The accused man's habeas corpus petition included the Baldus study, a statistical study which shows that there is a disparity in the imposition of the death penalty in Georgia, claiming that capital punishment is determined based on the murder victim's race and, to a lesser degree, the criminal's race. The study took more than 2,000 Georgia murder cases into account and conclusively determined that black murderers who kill white victims have the greatest likelihood of receiving the death penalty."
Abstract This paper examines the history of the use of corporal punishment in American education. It look at the traditional use of corporal punishment in American schools and homes since Colonial times. The paper discusses the reasoning, sociopolitical and spiritual factors motivating the use of corporal punishment in schools and describes forms of corporal punishment.
Abstract This paper explores the relationship between race and capital punishment. Specifically the researcher explores the racial differences in attitudes toward capital punishment, focusing on juvenile opinions. The paper examines factors affecting views on capital punishment, arguments for and against, attitudes towards the death penalty and provides a review of the literature used in the paper.
Outline:
Introduction
Literature
What Predicts Death Penalty Support?
Arguments For and Against Death Penalty
Public Opinion and Attitudes
Death Penalty Attitudes of the Offender
Death Penalty Attitudes of Juveniles
Summary of the Literature
Discussion
Conclusion
References
From the Paper "Attitudes among juveniles regarding capital punishment are just as heated and challenging as they are among adults. While few studies directly explore the relationship between the death penalty and juveniles, there are reports provided by some empirical researchers suggesting by and large, the juvenile population is just as divided as the American people are on the issue. As noted in the introduction, the Death Penalty Information Center (2006) suggests at least 50% of all adults support the death penalty. However, the same group when offered other alternatives including the alternative of life without parole are likely to change their minds and their opinions of the death penalty. In ancient times, most people unequivocally supported the death penalty, as there were few resources available to conduct elaborate or even minimal burials to individuals that had committed crimes (Bedau & Cassell, 2004)."
Abstract This paper puts forward the argument that the death penalty is unjust and unconstitutional. It attempts to reason how the death penalty is a cruel and unusual punishment that goes against the guarantee of due process of law by showing that it violates natural law, is simply inhumane, and does not serve as a deterrent to crime. In particular, it explains how the New Jersey capital punishment system works, as well as the process of capital punishment in detail from court to death. It also proposes potential solutions to resolve the injustice.
From the Paper "The process of capital punishment is very unique in its own manner. It first begins with a jury selection and death qualification. The questioning of potential jurors or voir dire can take a particularly long time in a capital case. Death qualification occurs as well and that is when perspective jurors are questioned on their position on the death penalty for a guilty party (Costanzo 23-24). If a potential juror expresses an inability to inflict a death sentence upon a guilty party, they will be eliminated from the jury. After undergoing studies, it has been shown that due to this death qualification process, the jury that is left to serve is more set to believe that the defendant is guilty and deserves capital punishment."
Abstract In this paper, it is discussed that capital punishment should be implemented along the lines of rational thought, as well as by the dictates of utilitarianism that requires death for murder. The writer maintains that when a rational human being decides to consciously kill another, he or she must be treated with equal punishment in relation to this kind of crime. However, the writer notes that if the criminal is not fully aware of what they have done, or not conscious of the murder, then they should be punished by imprisonment for rehabilitation.
From the Paper "This philosophical will argue for capital punishment for violent offenders who murdered another human being. By understanding the premise of Kant's Theory of Retribution, one must assume that murderers assume their victim's are rational beings, and should thus be responsible for their punishment on equal terms. Through Kant's philosophy, this study will argue the basis of rationality within the human scope, which will confirm that capital punishment must be used to punish those that murder others. By presenting a case for rationality, as well as an argument based utilitarian justice, there are two reasons why capital punishment is just means to punish those that take the life of another human being."
Abstract This paper examines the arguments for and against capital punishment. It provides ample evidence suggesting that capital punishment is an inappropriate form of punishment that does little to address the underlying causes of social unrest and violence.
From the Paper "The debate about capital punishment has long been a heated one. Supporters argue that capital punishment offers a form of deterrence; they also argue that it is a form of justice that underscores a society's abhorrence for gruesome acts. On the other hand, opponents argue that capital punishment does not serve an adequate deterrent and still others suggest that capital punishment barbarizes the state and constitutes a moral regression for any putatively progressive society. The following paper will briefly examine both sides and conclude that capital punishment does not serve as an effective deterrent and does little to address the root factors that cause violence. With that in mind, it is do a discussion of this controversial issue that this paper now turns."
Abstract This policy paper analyzes the capital murder statute in Texas and discusses the existence of particular problems concerning two aspects of the manner in which capital punishment is administered: the definition of capital murder and the ways in which capital murder cases are administered. With respect to the multi-part series of articles published in the Houston Chronicle regarding the use of capital punishment in Harris County, this paper briefly touches on several examples of significant problems surrounding the way capital punishment is administered there.
From the Paper "Capital punishment is a highly contentious issue in the realm of law enforcement. In any discussion of the death penalty, the state of Texas tends to be a primary focus due to the fact that Texas carries out far more executions than any other American state. "
Abstract The author of the paper examines capital punishment, which has been a part of human culture since the 18th century B.C. The writer looks at the development of capital punishment over the ages and at the gradual influence and success of reform groups in different countries that called for the abolition of the death penalty. The writer also discusses the varying schools of thought regarding the legitimacy and effectiveness of capital punishment.
From the Paper "Critics of capital punishment conclude that if there is no good reason for executing a criminal he should be allowed to live. In the legal philosophy it can be said that defenses of capital punishment either have utilitarian or retributive nature. If seen from a utilitarian point of view capital punishment is acceptable if it averts the criminal from repeating his crime or if it discourages the other would-be criminals. While if seen from a retributive point of view criminals capital punishment is necessary to achieve justice and the criminal should be harmed the same way he damages someone else."
Abstract The author of this paper examines the use of capital punishment in the United States and examines the subject from a number of viewpoints whilst specifically discussing the Constitution of the United States and its stand on the subject.
Outline:
Introduction
The Moral Argument Against Killing as Punishment Defining "Cruel and Unusual" Punishment Fairness in Application
Wrongful Conviction
Balancing the Interests of Criminals and the Good of Society
Conclusion
From the Paper "The recent advances in the DNA sciences and forensic techniques has enabled criminal investigators to reexamine old case files containing preserved organic trace evidence to identify or eliminate suspects, and determine their guilt or innocence with scientific certainty and accuracy that was not available at the time the crimes were originally tried in court. Sometimes, reexamination of old evidence confirms the original conclusions; however, other times, modern analysis of old evidence does the opposite byexonerating those convicted of the crime. Several such cases have drawn significant media attention recently, both where individuals incarcerated for decades were finally released on the strength of modern reanalysis of old evidence, and more regretfully, where capital punishment was already administered.
This conclusive demonstration that capital punishment, like other forms of adjudicated determinations, is capable of being imposed wrongfully on the innocent is a very significant cause for moral concern. Again, the two arguments are (1) that the capacity for error makes capital punishment immoral on one hand, or (2) that the admitted possibility of error is addressable through improved procedural mechanisms without necessitating a reevaluation of capital punishment in principle, on the other."
Abstract The paper explores the debate over whether rehabilitation or punishment of an offender make a better deterrent and begins by providing a formal definition of punishment and rehabilitation. The paper deals with the concerns about the proper solution to crime prevention, reintegration back into into society, the safety of the community and the feelings of the victims and their families. The writer contends that punishment and different methods of rehabilitation must be used together in order to effectively deter crime and have a positive impact on the offender, society and upon victims and their families.
Outline:
Introduction
Deterrence of Crime
Impact on Victims and Victims Families
Impact on the Offender and Society
From the Paper "Throughout the history of correctional facilities first conception, the government and those in charge have made many attempts to try and improve corrections to a point where it can keep up with the ever demanding and changing dynamics of the American society. Every since policing agencies and correctional facilities were first implemented, there has always been a big debate over the effectiveness of rehabilitation compared to punishment in relation to management of convicted offenders in prison and under community supervision. The debate between rehabilitation and punishment has always raised ethical questions and concerns about the proper solution to crime prevention, reintegration back into to society, the safety of the community, and other issues regarding what is best for prisoners and the American society as a whole."
Abstract A personal analysis of the importance of capital punishment for the prevention of future murders. The author provides information on capital punishment, its history and public opinion on the subject to support his argument.
From the Paper "When someone has raped and murdered a child, that person has relinquished his right to live. The reason I favor capital punishment is because I have so much regard for human life. Murder is the most terrible crime there is. Anything less than the death penalty is an insult to the victim and society. It says, in effect that we do not value the victim's life enough to punish the killer fully. How many criminals have been let out of prison only to go on killing, raping, and stealing? Why should we allow criminals to harm innocent children, women, and men? No one can deny that the execution of a murderer is a horrible spectacle. But we must not forget that murder is more horrible. The penalty should be exacted only after the guilt is established beyond the shadow of a doubt and only for willful, premeditated murder. But the law of capital punishment must stand, no matter how often a criminal begs for mercy. After all, the victim did not receive mercy. Words are not enough to show that life is sacred. Active justice must be administered when the sacredness of life is violated."
Tags: justice, law, punish, death, crime, kill, moral, society
Abstract This paper explores the pros and cons of capital punishment, and argues in favor of a system using the death penalty as a mode of punishment for criminals.
The Current System
Flaws in the System
An Alternative
From the Paper "Throughout recorded human history, the concept of just retribution, as well as the death penalty has been present in the bulk of social and religious groups. The death sentence was in use in Ancient Greece, what is widely considered the cradle of civilization, as well as ancient Rome, Egypt, and all through antiquity, right up to the present day. "
