death penalty: justice or murder?

8/12/2019 Death Penalty: Justice or Murder?

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Thesis Statement:

Although criminals still have the right to live, Death Penalty should be implemented as the

capital punishment for them because it is unjust to take one’s life, thus, will provide justice to the

victims.

Outline:

I. Introduction

A. Death Penalty

1. Definition

2. History

3. Countries that imlement Death Penalty

!. Crime

1. Definition

2. Crime "ate

C. #ustice

II. Deterrence

A. Definition

!. Suort

C. Oosition

III. "etri$ution

A. Definition

!. Suort

C. Oosition

I%. Innocence

A. Definition



!. Suort

C. Oosition

%. Conclusion

DEATH PENALTY: JUSTICE OR MURDER?



David Joshua V. Media

Su!"i##ed #o:

M$. J.R.S. Nue%

Death Penalty is the sentence of e&ecution for murder and some other serious crimes.

It may $e rescri$ed $y the Con'ress or any state le'islature for murder and other crimes (Olsen)

2*1+,. The first esta$lished death enalty la-s date as far as the i'hteenth Century !.C. in the

Code of /in' Hammura$i of !a$ylon. Death sentences -ere carried out $y such means of

crucifi&ion and the li0e. In !ritain) the num$er of crimes continued to rise throu'h the ne&t

centuries. !y the 1**s) 222 crimes -ere unisha$le $y death) -hich includes stealin') lo''in')

and the li0e. Ho-eer) from 123 to 13) the death enalty -as eliminated for oer 1** of the



222 crimes unisha$le $y death ("anda) 144,. 5urthermore) !ritain influenced America6s use of

the death enalty more than any other country did. 7et) la-s re'ardin' the death enalty aried

from colony to colony. 8nder these la-s) offenses such as stri0in' one6s mother or father) or

denyin' the 9od -ere unisha$le $y death ("anda) 144,. oreoer) Dr. !en;amin "ush) a

si'ner of the Declaration of Indeendence and founder of Pennsylania Prison Society)

challen'ed the $elief that the death enalty sered as deterrent. In fact) "ush -as an early

$elieer in the <$rutali=in' effect.> He after-ards led Pennsylania to $ecome the first state to

consider de'rees of murder $ased on cula$ility. In 14+) Pennsylania reealed the death

enalty for all offenses $ut first?de'ree murder (!ohm) 1444@ "anda) 144@ Scha$as) 144,.

eertheless) in 14B*s) u$lic sentiment $e'an to turn a-ay from death enalty. any allied

nations either a$olished or limited this unishment. And in the 8.S.) the num$er of e&ecutions

droed dramatically. A 9allu oll sho-ed suort for the death enalty at only +2 (!ohm)

1444,.

Crime can $e defined as the $rea0a'e of rules and re'ulations imosed $y any

'oernment in a country -hereas the state can unish the criminals. It is not only into some

secific countries $ut also is at eery lace) in eery nation. Crime may $e in different tye

either in shae of ciil crime or social crime. !ut $oth hae $ad results at last and the $ottom line

is enalties or unishments. It may $e stoed $y the la- so that it may not harm eole and its

rate can $e decreased. There are seeral reasons for increased crimes in all oer the -orld. Here

is the list of the to ten countries -ith the hi'hest num$er of crimes (as of 2*13,:

"A/ CO8T"7 O. O5 C"IS



1 8nited States 11))21

2 8nited /in'dom )B23)*

3 9ermany )B*)34+

+ 5rance 3)1)B*

B "ussia 2)4B2)3*

#aan 2)B3)34

South Africa 2)3)+4

Canada 2)B1)41

4 Italy 2)231)BB*

1* India 1)+)3*

o-adays) crime rate is a threat that each country faces. It is said that society has a direct

influence in ma0in' criminals. 9oernment imosed many la-s to reduce crime rate to ma0e

-orld a $etter lace to lie in) $ut ma;ority did not find e&ected results.

#ustice is currently defined $y most eole as moral ri'htness and the act of

administerin' the desered unishment or re-ard to those -ho hae earned for it (Anonymous)

2*13,. Ho-eer) it is not ;ust somethin' $ut a thin' that most eole call for. In the a$oe

definition) ;ustice is ou'ht to $e 'ien to eole -ho deseres it. In addition) eole -ho

committed offenses shall $e unished) hence) ;ustice -ill $e roided. Then) -hat unishment

deseres to $e 'ien to criminalsE Fhat enalty shall sere ;ustice $ut -ill not iolate any

ri'htsE Althou'h criminals still hae the ri'ht to lie) Death Penalty should $e imlemented as

the caital unishment for them $ecause it is un;ust to ta0e one6s life) thus) -ill roide ;ustice to

the ictims.

De#e$$e&e.



Society has al-ays used enalty to discoura'e criminals from ille'al $ehaior. Since

society has the utmost concern in reentin' crime) it has to use the stron'est unishment

aaila$le to fri'hten murder) and that is the death enalty. If murderers are sentenced to death

and e&ecution) ossi$le murderers -ill thin0 t-o times $efore 0illin' for the fri'ht of losin' their

o-n lies. 5or years) criminolo'ists analy=ed crime rates to see if they altered the ossi$ility of

conicted murderers $ein' e&ecuted) $ut the results -ere Guestiona$le. Then) in 143) Isaac

hrlich emloyed a ne- 0ind of e&amination -hich roduced results sho-in' that for eery

risoner -ho -as e&ecuted) lies -ere sared $ecause others -ere deterred from committin'

murder. Similar results hae $een roduced $y disciles of hrlich in follo-?u studies.

oreoer) een if some studies re'ardin' deterrence are unconincin') that is only $ecause the

death enalty is rarely used and ta0es years $efore an e&ecution is actually acceted.

Punishments -hich are fast and sure are the $est deterrent. The fact that some states or countries

-hich do not use the death enalty hae lo-er murder rates than ;urisdictions -hich do cannot

$e an eidence for the failure of deterrence. States -ith hi'h murder rates -ould hae een

hi'her rates if they did not use the death enalty.

On the other hand) those -ho thin0 that deterrence ;ustifies the e&ecution of certain

offenders tolerate the -ei'ht of roin' that the death enalty is a deterrent. The deastatin'

conclusion from years of deterrence studies is that the death enalty is) at $est) no more of a

deterrent than a sentence of life in rison. The hrlich studies hae $een usually discredited. In

fact) some criminolo'ists) such as Filliam !o-ers of orth eastern 8niersity) sustain that the

death enalty has the contrary effect: that is) society is $rutali=ed $y the use of the death enalty)

and this increases the chance of more murders. en most suorters of the death enalty no-

lace less -ei'ht on deterrence as a serious ;ustification for its continued use. States in the



8nited States that do not utili=e the death enalty commonly hae lo-er murder rates than states

that do) li0e-ise -hen the 8.S. is comared to countries similar to it. The 8.S.) -ith the death

enalty) has a hi'her murder rate than the countries of uroe or Canada) -hich do not use the

death enalty.

The death enalty may not $e a deterrent $ecause most eole -ho cause crimes either

do not e&ect to $e cau'ht or do not carefully -ei'h the differences $et-een a ossi$le e&ecution

and life in rison $efore they act. Ha$itually) murders are committed in times of sufferin' or

an'er) or $y criminals -ho are matter a$users and acted sontaneously. As someone -ho

resided oer many of Te&ass e&ecutions) former Te&as Attorney 9eneral #im atto& has

remar0ed) <If) ho-eer) seere unishment can deter crime) then lon'?term imrisonment is

seere enou'h to deter any rational erson from committin' a iolent crime (The Case A'ainst

the Death Penalty) 144,.>

There is no definite eidence that the death enalty acts as a $etter deterrent than the ris0

of life imrisonment. A reie- of the former and resent residents of the countrys to

educational criminolo'ical societies found that + of these e&erts discarded the concet that

research had confirmed any deterrent effect from the death enalty. Once in rison) those serin'

life sentences freGuently resole into a ha$it and are less of a threat to commit iolence than

other risoners. oreoer) most states no- hae a sentence of life -ithout arole. Prisoners -ho

are 'ien this sentence -ill neer $e free. Thus) the safety of society can $e 'uaranteed -ithout

usin' the death enalty.

onetheless) rnest an den Haa') a Professor of #urisrudence at 5ordham 8niersity

-ho has studied the Guestion of deterrence closely) -rote: <Deterrence is not alto'ether decisie



for me either. I -ould faor retention of the death enalty as retri$ution een if it -ere sho-n

that the threat of e&ecution could not deter rosectie murderers not already deterred $y the

threat of imrisonment. Still) I $eliee the death enalty) $ecause of its finality) is more feared

than imrisonment) and deters some rosectie murderers not deterred $y the thou'ht of

imrisonment. Sarin' the lies of een a fe- rosectie ictims $y deterrin' their murderers is

more imortant than reserin' the lies of conicted murderers $ecause of the ossi$ility) or

een the ro$a$ility) that e&ecutin' them -ould not deter others. Fhereas the life of the ictims

-ho mi'ht $e saed are alua$le) that of the murderer has only ne'atie alue) $ecause of his

crime. Surely the criminal la- is meant to rotect the lies of otential ictims in reference to

those of actual murderers.> (Harard a- "eie- Association) 14,

oreoer) the death enalty surely deters the murderer -ho is e&ecuted. Strictly

sea0in') it is a form of incaacitation) similar to the -ay a ro$$er ut in rison is reented

from ro$$in' on the streets. %iolent murderers hae to $e 0illed to reent them from doin' so

a'ain. !oth as a deterrent and as a form of ermanent incaacitation) the death enalty hels to

reent future crime.

Re#$i!u#io.

"etri$ution is another -ord for reen'e. Althou'h our first instinct may $e to cause

sudden ain on someone -ho offends us) the standards of a mature society demand a more

measured resonse.

Fhen someone ta0es a life) the $alance of ;ustice is concerned. 8nless that $alance is

restored) society surrenders to a rule of $rutality. Only the ta0in' of the murderers life restores



the $alance and allo-s society to roe realistically that murder is an un$eara$le crime -hich

-ill $e unished in 0ind. "etri$ution has its $asis in reli'ious morals) -hich hae in the ast

sustained that it is aroriate to ta0e an Jeye for an eyeJ and a life for a life.

Ho-eer) the concet of an eye for an eye) or a life for a life) is a simlistic one -hich

our society has neer authori=ed. Fe do not allo- torturin' the torturer) or rain' the raist

(ational Council of Syna'o'ues and the !ishos Committee for cumenical and Interreli'ious

Affairs of the ational Conference of Catholic !ishos) 1444,. Ta0in' the life of a murderer is

li0ely an uneGual unishment and these defendants are not the -orst offenders $ut only the ones

-ith the least resources to rotect themseles. 5urthermore) the emotional ur'e for reen'e is not

a sufficient ;ustification for ino0in' a system of caital unishment) -ith all its accomanyin'

ro$lems and ris0s (To nd the Death Penalty) 1444,. The la-s and criminal ;ustice system

mi'ht lead us to hi'her rinciles that sho- a comlete resect for life) een the life of a

murderer. ncoura'in' our $asest moties of reen'e) -hich ends in another 0illin') e&tends the

chain of iolence. Allo-in' e&ecutions sanctions 0illin' as a form of ay?$ac0.

eertheless) "o$ert acy (1441, descri$ed his concet of the need for retri$ution in one

case) JIn 1441) a youn' mother -as rendered helless and made to -atch as her $a$y -as

e&ecuted. The mother -as then mutilated and 0illed. The 0iller should not lie in some rison -ith

three meals a day) clean sheet) ca$le T%) family isits and endless aeals. 5or ;ustice to reail)

some 0illers ;ust need to die.J Hence) althou'h the ictim and his family cannot $e restored to the

status -hich receded the murder) at least an imlementation $rin's end to the murderers crime

and ensures that the murderer -ill roduce no more ictims.

Io&e&e.



Society ta0es many ris0s in -hich innocent lies can $e lost. Ho-eer) there is no roof

that any innocent erson has actually $een e&ecuted since increased safe'uards and aeals -ere

added to our death enalty system in the 14*s. en if such e&ecutions hae occurred) they are

ery rare. Imrisonin' innocent eole is also -ron') $ut -e cannot emty the risons $ecause

of that minimal ris0. If imroements are needed in the system of reresentation) or in the use of

scientific eidence such as DA testin') then those reforms should $e instituted. Ho-eer) the

need for reform is not a reason to a$olish the death enalty.

onetheless) death enalty alone enforces an unchan'ea$le sentence. Once an inmate is

e&ecuted) nothin' can $e done to ma0e comensations if a mista0e has $een done. There is

si'nificant eidence that many mista0es hae $een made in sentencin' eole to death (/o'an)

1444,. Since 143) at least 121 eole hae $een released from death ro- after eidence of their

innocence occurred. Durin' the same eriod of time) oer 42 eole hae $een e&ecuted

(!ur'er) 1443,. Thus) for eery ei'ht eole e&ecuted) it has found one erson on death ro- -ho

neer should hae $een sentenced.

eertheless) if it can $e roen that someone is innocent) then a 'oernor -ould surely

'rant clemency and sare the erson. Theoretical claims of innocence are usually ;ust susendin'

strate'ies to ut off the e&ecution as lon' as ossi$le (9assell) 1443,. 9ien a detailed system of

aeals throu'h numerous state and centrali=ed courts) the e&ecution of an innocent indiidual

today is almost imossi$le. en the theoretical e&ecution of an innocent erson can $e ;ustified

$ecause the death enalty saes lies $y deterrin' other crimes.

Indeed) Death Penalty is a ery controersial issue -orld-ide. Ho-eer) this aer

$eliees that een if they still hae to e&ercise their o-n ri'hts) Death Penalty should $e



imlemented as the caital unishment for criminals in order to roide ;ustice to the ictims.

5urthermore) Death Penalty -ill most li0ely decrease the num$er of crimes since it -ill roide

deterrence effect to the criminals. oreoer) eole -ill feel unrestricted $ecause criminals -ill

$e threatened) at the same time) -ill feel fair) esecially the ictims) $ecause criminals -ill $e

roided the most aroriate unishment. Hence) eole -ill $e a$le to feel a ;ust and free

society -hich most of them hae $een lon'in' for.

END

Re'e$e&e

!edau) H.9. (144,. The ase Against Death Penalty. Tufts 8niersity. American Ciil

i$erties 8nion.

Haa') .%.D. (14,. The !ltimate Punishment" A Defense.> 5ordham 8niersity.

/o'an) 9. (1444) Octo$er,. #nnocence and the Death Penalty. Seech resented in Orlando)

5lorida.

ational Council of Syna'ou'ues and the !ishos6 Committee for cumenical and Interreli'ious

Affairs aof the ational Conference of Catholic !ishos. (1444,. To $nd the Death

Penalty" A %eport of the &ational 'ewish(atholic onsultation.



Po;man) .P. (144,. The Death Penalty" )or and Against. 8.S. ilitary Academy. "o-man K

ittlefield Pu$lishers) Inc.

death penalty: justice or murder?

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