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The Death Penalty: Against the Use of Capital Punishment

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The Death Penalty: Against the Use of Capital Punishment
The Death Penalty: Against the use of Capital Punishment

Capital Punishment is defined as the execution of a convicted criminal by state as punishment for their grievous capital crimes. The death penalty is an ancient practice and a very controversial issue. The main reasons for removing or retaining the death penalty differs from country to country, but generally includes issues such as deterrence, retribution, public opinion, and the rights of the individual. Due to the fact that the death penalty is a serious and contentious issue, both abolitionist’s and retentionist’s have strong supporting theories and arguments which represent their beliefs. Abolitionists believe that the death penalty is imposed unfairly, violates the fundamental right to life, is not a unique deterrent, provides counter productive effects and is therefore unjust. The object of this paper is to support the theories and arguments that are in favour of the abolishment of the death penalty. Capital Punishment is unjust and immoral due to the fact that it does not act as a deterrent, is unjustified retribution, innocent lives are at risk, and is a definite form of discrimination.

Deterrence is defined as the use of punishment as a threat in order to deter people from committing a crime. The argument that capital punishment should be abolished because it has no deterrent effect on offenders justifies that the use of capital punishment is not an ultimate mean of crime prevention. The death penalty does not prevent future murders from occurring within a society and therefore does not act as a deterrent. It is no more of a deterrent than a life imprisonment, which is a more rational punishment. Most murderers commit their crime in the heat of the moment, in a psychotic state of mind, and do not weigh the differences between a possible execution and life imprisonment. Therefore these murderers are not deterred by the death penalty law. Life in prison is a worse punishment, simply



Cited: Amnesty International USA. Death Penalty and Innocence. Web. From: http://www.amnestyusa.org/our- work/issues/death-penalty/us-death-penalty-facts/death-penalty-and-innocence Banner, Stuart, 1963-. The Death Penalty: An American History Learned Societies - York University and American Council of Learned Societies. Cambridge, Mass. : Harvard University Press, 2002. Print. Bedau, Hugo Adam. The Minimal Invasion Argument Against the Death Penalty. Criminal Justice Ethics 21.2 (2002): 3-8.ProQuest Research Library. Web (2006): 255-82. ProQuest Research Library. Web. 23 Mar. 2012. West Nyack, NY, USA: Cambridge University Press, 2004. Web. John Sorenson, Robert Wrinkle, Victoria Brewer and James Marquart, ‘Capital Punishment and Deterrence: Examining the Effects of Executions on Murders in Texas’ (1999) 45 Crime and Delinquency 481-93, from: http://www.deathpenaltyinfor.org/deter.html J. Pokorak, ‘Probing the Capital Prosecutor’s Perspective: Race of the Discretionary Actors’ (1998) 83 Cornell Law Review 1811-20 Murphy, J.G. (1979) Cruel and Unusual Punishments. Retribution, Justice and Therapy. Dordrecht, Holland: D M. Radelet, H. A. Bedau and C. Putnam, In Spite of Innocence (Boston: Northeastern University Press, 1995) The Death Penalty: Arguments for and Against the Death Penalty. Michigan State University and Death Penalty Information Center, 2000 The Death Penalty: In Opposition. Michigan State University Comm Tech Lab and Death Penalty Information Center, 2000 Vaughn, Lewis. Contemporary Moral Arguments: Readings in Ethical Issues. New York: Oxford University Press, 2010

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