The Just and Fairness of the Death Penalty Sample Essay

Is the decease punishment merely and applied reasonably? One of the great arguments of our clip is the legality and usage of the decease punishment. The decease punishment is something that many people do non hold a clear determination on. Some insist that the decease punishment acts to discourage a capital offense. while others feel that it has non consequence whether a capital offense is still committed.

My personal expression at the decease punishment is that it should be administered merely in instances of peculiarly barbarous offenses or consecutive offenses such as consecutive slaying. If we administered the decease punishment when the decease punishment is called for possibly so people would halt before they commit the ultimate wickedness. If a individual slayings some other individual so that individual who is the liquidator must non keep any value to the construct of life. Why should we allow these people spend useless clip in our prisons if we know beyond a uncertainty that they have so committed slaying? If the decease punishment is administered for the instances of the flagitious offense of knowing slaying. so possibly we can discourage others from following in the same stairss.

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Many people pose the inquiry in that how can we penalize a liquidator by seting that individual to decease. The reply to this inquiry is. there truly is non easy reply. No affair how much a individual can explicate it there is ever person else at that place to will reason the point and seek to demo how justification can be or can non be.

U. S. Supreme Court. in Booth v. Maryland 482 U. S. 496. 107 S. Ct 2529. 96 L. Ed. 2d 440 ( 1987 ) . ab initio forbade the usage of victim impact statements in decease punishment instances. The Court reasoned that the infliction of the decease punishment could be based on subjective feelings for the victim instead than the nonsubjective standards bespeaking the defendant’s guilt and blameworthiness. However. in Payne v. Tennessee. 501 U. S. 808. 111 S. Ct. 2597. 115 L. Ed. 2d 720 ( 1991 ) . the Court reversed itself and held that the Eight Amendment does non exclude the jury from sing victim impact statements. It is believed that victim impact statements help victims get the better of the emotional injury associated with their experience by leting them a forum in which to show their feelings. In add-on. advocators of leting statements hope that condemnable wrongdoers will recognize the awful effects that their actions have. ( Group. In World of Criminal Justice. 2002 ) So my inquiry that arises because of this statement is. “What do we make if they express their feelings. but still have no compunction. on the act of which they committed? ” Do we merely state it is okay for a slaying merely to state I am regretful and non penalize them with more extended penalty?

Quite perchance the biggest inquiry about the decease punishment is whether or non it deters serious offenses. Groups that support the decease punishment frequently say that it is a hindrance for the future felons who are believing of perpetrating slayings or other flagitious offenses. To many. this is the biggest justification for or against capital penalty. It the decease punishment acts as a hindrance to serious offense. so why isn’t it more widely used? If the decease punishment doesn’t act as a hindrance to serious offense. so why non make off with it wholly? ( Schaefer. 2009 ) . There are many who argue that the decease punishment is non a hindrance. Quite candidly. they are non believing about what a hindrance is. The mere fact that the felon was put to decease agencies that they are no longer alive to perpetrate the offense once more. That is the first measure of disincentive.

Retribution is another strong statement for capital penalty. Contrary to popular belief. requital when applied to capital discourtesies is non the act of seeking retaliation against the culprit. Rather. it is the theory that the penalty needs to suit the offense. If a individual takes the life of another. that person‘s life should be forfeit. ( ProCon. org. 2009 ) .

It is the duty of the province through the usage of due procedure of jurisprudence to penalize a condemnable harmonizing to the nature and badness of their offenses. If the province fails in its responsibility and executing of this duty. there lies the possibility that the population will lose religion in the province and will get down to take the jurisprudence into their ain custodies out of a demand for justness to be served. This leads to vigilante justness and lynch rabble.

By definition. every penalty for offenses committed is an act of requital. While society might be outraged by certain flagitious offenses. the province has no such indignation. but instead. should ordain the will of the people. There is a large difference between retribution and justness. We as a society should lodge together and do certain that justness is given reasonably to each person and that if a offense has been committed that it should be punishable by the merely agencies. non a smack on the manus.

When it comes to bush leagues and the decease punishment. the issue in the public forum becomes really nebulose ; nevertheless my sentiment as to whether a child should be capable to the decease punishment besides is really nebulose. This is a difficult country to debate. because there are so many different scenarios to look at in the signifier of adulthood. What is the right age in which to seek person for the decease punishment? As in the school shots. was that kid mentally capable of cognizing what he was making right or incorrect? Did that kid have any compunction? Was that child a victim of some kind of maltreatment? Yes. I do understand that many people feel that when an incident like this happens the individual that is behind the violent death should be held accountable for their determinations to ache others. but this is a kid. so do we non keep this individual accountable?

Adversaries have called capital penalty cruel and unusual. but I disagree. How can one state that capital penalty is barbarous and unusual? Killing of a individual being a purposeful act is that non cruel and unusual? If a individual takes a life of another and knows that what they are making is barbarous. I feel that we should set forth the usage of capital penalty. Why give that individual the right to sit behind bars while we feed. fabric. educate and take attention of any medical measures that they might happen. is this what we call justness? They did non take any compunction for the individual they committed the offense on. or to that person’s household who will be without because of the offense. Why should the as Americans take attention of liquidators in the prisons? That is merely a waste of the American dollars. Those dollars could be used for more constructive demands than that of the demands of liquidators. It costs so much more to house the murderer than it costs to set them to decease. We need to utilize the decease punishment more on those who are sentenced to life imprisonment or back-to-back life’s imprisonment for slaying than to maintain them in prison and maintain them alive. Where’s the justness in maintaining them alive. if they will merely decease in prison anyhow for the killing they did?

Harmonizing to Amendment V in the United States Bill of Rights. “No individual shall be deprived of life. autonomy. or belongings. without due procedure of jurisprudence. ” Even with this amendment in topographic point many people question the constitutionally of capital penalty because of Amendment VII which states. “Excessive bond shall non be required. nor inordinate mulcts imposed. nor barbarous and unusual penalties inflicted. I feel that I understand the Bill of Rights. but does are judicial system truly put the usage of the Bill of Rights in certain instances? Then on the other manus does the judicial system overuse the Bill of Rights in certain instances? Shouldn’t the Bill of Rights be used every bit throughout the judicial system and non better for some and worse for others?

Extenuating fortunes are fortunes environing the committee of a offense that do non in jurisprudence justify or pardon the offense. but that tend to do the offense less condemnable or hideous. These fortunes must in equity be considered as cut downing the culpability of the suspect. Extenuating fortunes might include unusual factors environing the event. such as the mental competence of a suspect. ( Group. Extenuating Circumstances. 2002 ) A justice has discretion to take palliating fortunes into history when puting bond. A prosecuting officer may take palliating fortunes into consideration when make up one’s minding what offense the suspect will be charged within tribunal. Prosecutorial discretion. which is one of the most powerful constituents of the condemnable justness system. allows the prosecuting officer about entire freedom to make up one’s mind on the badness of the condemnable charges.

However. a prosecuting officer is free to disregard extenuating fortunes and a suspect has no right to asseverate these fortunes at the bear downing stage. ( Group. Extenuating Circumstances. 2002 ) A justice may take palliating fortunes into history when condemning the suspect. In decease punishment instances. suspects are entitled to show such fortunes in extenuation to the jury in an attempt to avoid decease. However. judicial discretion has been badly limited in the federal tribunal and most province tribunals by condemning guidelines statute law. These Torahs mandate that in felony degree instances a justice follow the sentencing described in the guidelines. A justice may utilize palliating fortunes to cut down the sentence but must warrant the going in a written order that gives specific ground. Prosecutors are free to appeal such determinations. ( Group. Extenuating Circumstances. 2002 )

The inquiry has arisen refering the morality of capital penalty. Capital Punishment is the strongest booster of moral values. By allowing a condemnable putrefaction in prison. merely because the victims or affected people want them to endure. merely causes them to crouch to the criminal’s degree of inhumaneness. The decease punishment is at that place to extinguish inhumaneness in our society. while Life Sentences support it. The Death Penalty besides is a strong booster of moral values. By seting a unsafe felon to decease they are removed from a lawful society where they may re-offend. they are non placed in parturiency where they live pointlessly off the community. and their misjudgment of moral values is made public. Whenever the issue of capital penalty comes up. faith is thrown into the plants. Religious people argue that their peculiar God created life and is the lone 1 who has the right to stop it.

God instituted capital penalty in the book of Leviticus 24:17 and Leviticus 24:20-21. Verse 17 of Leviticus 24 says. “And he that killeth any adult male shall certainly be put to decease. ” Verses 20 and 21 of Leviticus 24 say. “Breach for breach. oculus for oculus. tooth for tooth: as he hath caused a defect in a adult male. so shall it be done to him once more. ” “And he that killeth a animal. he shall reconstruct it: and he that killeth a adult male. he shall be put to decease. ” In many instances I feel that the decease punishment is merely and is applied reasonably. If we do non utilize the decease punishment as some kind of hindrance for the decease offenses that are committed. so are we stating it is all right to perpetrate them? I believe that the guilt of the felon should be proven beyond any uncertainty. which is the constitutional manner of life. Peoples who commit flagitious offenses deserve to decease ; they surrender their right to populate freely in society by exposing inhumaneness towards others.

Mentions

Group. T. G. ( 2002 ) . Extenuating Circumstances. Chicago: The Gale Group. Group. T. G. ( 2002 ) . In World of Criminal Justice. Old line state: The Gale Group. ProCon. Org. ( 2009. January 1 ) . Should the decease punishment be used for requital? Retrieved October 24. 2011. from hypertext transfer protocol: //deathpenatly. procon. org/view. replies. php? questionID=001004: hypertext transfer protocol: //deathpenatly. procon. org/view. replies. php? questionID=001004 Schaefer. R. T. ( 2009 ) . Sociology A Brief Introduction 8th edition New York: McGraw Hill