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Shvoong Home>Law & Politics>Criminal Law>Capital Punishment Summary

Capital Punishment

Book Summary   by:Smichelson     Original Author: Pro and Con Spectrum
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Is it a question of morality or is it our responsibility as humans to filter out the evil from our society? For decades people have debated whether Capital Punishment should be practiced by our Government. (5)”Capital punishment also called the death penalty is execution, as a permanent punishment for a crime often called a capital offence or a capital crime. Reserved for only the tyranny of evil men, it's use can be dated back to Eighteenth Century B.C. under the rule of King Hammaurabi of Babylon. Today 40 out of 50 states currently use Capital Punishment as a form of justice. This judicial practice has undergone many changes and is practiced in a few different ways. Much like it did in the colonies, Capital Punishment varies from state to state. In New York execution is carried out by means of lethal injection. Other methods include electrocution, firing squad, hanging and the gas chamber. Methods of execution are different depending on where you go. In the time we live in only the harshest crimes are punishable by death. Generally any type of intentional murder is punishable by death, and in some cases treason, hi-jacking of an aircraft, aggravated kidnapping, wrecking a train and terrorist acts can be punishable by death. In despite these strict guidelines under which Capital Punishment is practiced, its efficiency and righteousness are consistently in question. Protestors who are in favor of this practice see it as a necessity in our society. During the trial of Gregg v. Georgia the Supreme Court stated, "Certain crimes are themselves so grievous an affront to humanity that the only adequate response may be the penalty of death.(3)" It is clear our the majority of U.S. states practice this justice, but protestors view Capital Punishment as a violation of many Religious beliefs. One argument includes direct conflicts of one of the Ten Commandments, "Though shall not kill." Other arguments against the death penalty include the costs, racism and execution of innocent wrongfully accused victims. Some advocates suggest the death penalty is not enough, because while it eliminates the murderers it cannot bring back the victims. Protestors argue Capital Punishment is nothing but revenge. This may be a truthful standpoint, but one may ask what punishment really is. One of the four fundamental objectives to punishment is retribution. It is clear Capital Punishment serves as retribution to the families of murdered victims. Killing an evil man and eliminating him from society may not dramatically cut violent crimes, but it certainly prevents the possibility of these convicted murderers from killing any more innocent people. It is evident there are many strong arguments in favor of Capital Punishment, at the same time protestors are standing strong and continually propose information in hopes to one day eliminate Capital Punishment from our society. In the world we live in today, any issue dealing with the delicacy of life will be heavily debated.
As Americans were see ourselves as one nation created equally under God. It is difficult to incorporate religious arguments due to the simple fact that religious beliefs have become so broad. Slowly it has become harder for large populations even in the same societies, to identify with one single belief. Despite this our nation as a whole is a believer of God. This creates much controversy when our Government intentionally breaks laws set forth by God. (7)Rabbi Peter J. Rubinstein who is Senior Rabbi of the Central Synagogue is against Capital Punishment. Rabbi Rubinstein holds obvious religious views against the death penalty. One example of an obvious religious viewpoint is the inevitable truth that we did not create life so we do not have the right to take it away. "The death penalty costs North Carolina $2.16 million per execution over the costs of a non-death penalty murder case with a sentence of imprisonment for life.” In Florida from 1973 to 1988 an average of 3.2 million dollars was spent per execution. Across the nation in California 90 million dollars are added to the normal cost of justice per year. Out of that 90 million, 78 million dollars is lost to the cost of a trial. When a prosecution seeks Capital Punishment as a sentence the defendant has numerous opportunities to appeal. Each appeal gives the defendant more time to live, but more importantly each appeal costs great amounts of money. The money spent on these Capital Punishment trials may be viewed as wasted money. Many protestors feel the money spent on the death penalty can more effectively be used to fight against criminals, possibly educate these mislead people. Another argument is how the death penalty can also give the wrong message to the public. As a nation we practice execution of evil criminals. That concept of eliminating negative aspects of society can be easily misunderstood. Our Government finds it expectable to eliminate certain people from our society. It raises the bar of violence for people who follow and live under this Government. What our Government does is eliminates people who are seen as socially unacceptable and morally unjust. In simpler words our Government eliminates people they find do not fit into the society they have created. This gives a controversial message to anyone who has found themselves in a situation where they find other people to think or act in different ways.
Published: April 17, 2006   
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