One fundamental question is why and whether the social institution of punishment is warranted. A second question concerns the necessary conditions for criminal liability and punishment in particular cases.
Inthe American Prison Association became the American Correctional Association — a largely symbolic move that indicated an increase in focus on rehabilitation of prisoners.
In spite of this move, one particularly strong element of a penal justice system remains.
That institution is the death penalty. I believe that the death penalty has no place in a society that makes the best possible use of its justice system.
In order to make this point, I will outline foundations for justice and a good justice system and show that the death penalty is incompatible with these ideals.
Then, I will briefly appeal to ideas imbedded in the American justice system and in conservative thought to bolster my case.
The first task in this debate is defining justice. In other words, the punishment for greatly harming another is large and the punishment for doing less damage is smaller. However, in certain situations, intent and mental health must hold a place in the judgment process.
Under these constraints, justice can be defined as exacting the weightiest punishments on rational citizens who execute a plan to greatly harm others, while those who knowingly inflict less damage should be dealt smaller punishments.
With that idea in mind, I will describe why a justice system without a death penalty should be adopted. The justice system should have two purposes: To make this point more clear, consider retribution, another standard for allotting punishments. In the context of the death penalty, retribution typically means that if a mentally sound person has executed a plan to commit an egregious crime then the offender deserves to die.
When one asks why the offender deserves to die, no independent reason for allotting that penalty is provided. Instead, proponents of the death penalty appeal to the idea that death fits a crime, avoiding the argument altogether. A logical inconsistency is also hidden in these arguments.
Nobody advocates punishing rapists with rape or molesting molesters, yet the death penalty is deemed an appropriate response to violent crime. In these ways, retribution is a bad argument for the death penalty. This is just the argument for retribution stated in different terms.
The idea that killers give up their right to life advocates for the death penalty without giving an independent justification for allotting that penalty.
This argument appeals more to intuition and moral tradition than any identifiable train of logic, and while moral tradition has led people well in the past, it must, like all traditions, be subservient to logic, reasoning, and practical thinking, which are incompatible with the death penalty In a just society, the greatest penalty should be incarceration for life with the possibility of regaining some liberties.
This penalty, when executed properly, would protect society from criminals as effectively as the death penalty. Proponents of the death penalty often claim that certain criminals are a danger to those around them and should be killed to protect the public.
This argument makes sense, but carefully implemented life imprisonment garners the same result. If violent prisoners are kept in maximum-security prisons in secluded locations, their ability to directly harm society disappears.
This idea is supported by hard evidence. In April, Slate stated that the number of prison escapes has decreased from 14, in to 2, in These numbers are incredibly small considering that the Bureau of Justice Statistics reported that there were over 1.
While some inmates do escape, the rate of escape is very small and on the decline.
|Retribution||Messenger The execution, by hanging, of Yakub Memon for his part in the Mumbai bombings invites us to revisit the vexed issue of capital punishment. Few topics incite such moral passion and controversy.|
|The Ethical Implications of Capital Punishment by Alex Rigante on Prezi||By Aaron Taylor May 16, For the last two years, debate about the relevance of the Kermit Gosnell case to wider political concerns has focused on the abortion issue. But with Gosnell now found guilty of murder, the possibility of his execution now removed as the result of a deal struck with prosecutors has pitted pro-lifers against one another in a debate over the death penalty.|
The death penalty is thus unnecessary for keeping society safe.The execution, by hanging, of Yakub Memon for his part in the Mumbai bombings invites us to revisit the vexed issue of capital punishment. Few topics incite such moral passion and controversy.
The world’s religious communities are divided on the death penalty. Despite a seemingly unambiguous commitment to non-violence (or “Ahimsa”) in both Hinduism and Buddhism, scholars within those .
The questions raised have been whether death penalty can be accepted morally as a good punishment. There has been an argument stating that people are .
Capital Punishment: Why the Death Penalty is Morally Permissible Karina Morgan April 13, Professor Mark Reynolds PHI Sec. 04 Word Count: 1, Syllogism for Argument: 1. Every human has a right to life 2. But this right is not absolute because .
Against the Death Penalty In this paper I will discuss if the modern American form of capital punishment can be morally justified This raises the question of whether the death penalty, the harshest of all punishments, should be an option in a system that discriminates.
Cost-Benefit Analysis, the Death Penalty, and Rationales for Punishment Rahiim Manji Whether the death penalty signifies respect for human dignity – Kant’s position – or whether the death penalty is excessively abusive, book Economic Analysis, Moral Philosophy, and .
The questions raised have been whether death penalty can be accepted morally as a good punishment. There has been an argument stating that people are killed as a proof that killing others is unacceptable.
Despite the simplicity of the slogan, a lot of mockery is seen in capital punishment as implied. The death penalty imposition is unbelievably rare.