Should we kill killers is the question to answer regarding the controversial subject of capital punishment. There is strong support for both sides and many people have offered their opinions in writing for all of us to examine. John M. Olin, the Professor of Jurisprudence and Public Policy at Fordham University, gave us his Pro-Capital Punishment opinion in the Harvard Law Review in 1986. Although his article was written more than a decade ago the argued topics have not changed.
In his work The Ultimate Punishment: A Defense Mr. Olin addresses why he feels capital punishment is necessary in our society and across the world. According to Olin retribution is the number one reason for capital punishment. He goes on to say that the retributive notion of punishment in general is that as a foundational matter of justice, criminals deserve punishment and punishment should be equal to the harm done. What counts as “punishment equal to harm”? Olin refers to lex talionis commonly known as “an eye for an eye”. This idea was drawn from the Babylonian Law of Hammu…[supanova_question]
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The most severe of all sentences: that of death. Also known as the death penalty, capital punishment this is the most severe form of corporal punishment as it is requires law enforcement officers to kill the offender. But, Capital Punishment is a very strong issue in today’s society. In my eyes punishment should be on a case-to-case basis. In the Capital Punishment debate there are 3 major issues, Deterrence, Arbitrariness, and Retribution.
Deterrence is “the inhibition of criminal behavior by fear especially of punishment”. This in easier terms just means that once someone commits a crime, if they are harshly punished for it, other people should then be afraid to commit a crime. Which is related to the idea that it is believed that fear of death deters people from committing crime. Studies of the deterrent effect of the death penalty have been conducted for several years, with varying results. Most of these studies have failed to produce evidence that the death penalty deterred murders more effectively then the threat of imprisonment. The reason for this is that few people are executed and so the death penalty is not a satisfactory deterrent. In conclusion if harsher punishment was carried out, there would be a lower crime rate.
The second issue is arbitrariness or Determined by or arising from impulse rather than judgment. Fairness requires that people who break the law be punished the same but we treat it on a case-to-case punishment. Wrongful conviction, if acting on…[supanova_question]
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Capital PunishmentFollow the instructions below to view the complete essay, speech, term paper, or research paper: Law Assignment Help Capital Punishment
The introduction into this book is well written and promises to take you on an intellectual and levelheaded historical account of Capital Punishment throughout American history. It delves into the possible reasons that our society is both fearful and fascinated with the subject of the death penalty and as the overview states “the reader can decide for himself or herself whether the death penalty should have a continuing place in America’s criminal justice system.”
The book begins with a dilemma based on a case where a man committed murder in two states, one that has the death penalty (Oklahoma) and one that does not (New York). He is convicted in both states, but which one should get to carry out the sentence, the one that prosecuted him first, New York. Eventually he was turned over to Oklahoma, because the incoming governor of New York also believed in the death penalty. He was executed at 11:45 p.m. on March 19, 1995.
The next few chapters go into the history of capital punishment beginning with what modern man would consider barbaric means of ex…[supanova_question]
Capital PunishmentFollow the instructions below to view the complete essay, speech, term paper, or research paper:
Capital Punishment
Throughout the semester, I have studied many social issues in light of
philosophy. One of these
highly controversial social issues deals with the subject of capital
punishment. It is unfortunate, but our society has evolved to the point
where capital punishment has become a necessary function of modern society.
Simply stated, capital punishment is the execution of criminals, for
committing crimes,
which are regarded as so heinous, that the only acceptable punishment is
permanent removal
from the society in which they could not conform. One of the most
controversial issues argued
when considering capital punishment involves determining whether the
execution of our fellow man is justified, and if can be justified, under
what circumstances is it permissible. There are logical reasons to believe
that the death penalty will dissuade members of society from committing
those
crimes punishable by execution. Human nature causes one to fear getting
caught and punished for offenses made. As a child, one learns that
disobedi…[supanova_question]