StudentShare solutions
Triangle menu

Death Penalty - Essay Example

Nobody downloaded yet

Extract of sample
Death Penalty

While some arguments are about moral judgments, others are disagreements about empirical trends, such as whether the death penalty is a more effective deterrent than life imprisonment. Ethical debate of the death penalty can be split into two main philosophical contexts, a deontological (a priori) context and a consequentiality context. A priori argument can be further subcategorized into a right argument and a virtue argument. Legal debate also generally falls into prior argument based on legal text. Consequentiality argument can be largely reduced to utilitarian formula through what amount to costs or benefits of the death penalty in terms of human lives and welfare. The deontological objection to the death penalty asserts that the death penalty is totally not correct by its nature, mostly due to the fact that it amounts to the violation of the right to life, which should be universal. In philosophical debate, however, the virtue school tends to argue that the death penalty is also "wrong" on the ground that the process is cruel and inhumane. It brutalizes the society at large and desensitizes and dehumanizes participants of the judicial process. In particular, it extinguishes the possibility of rehabilitation and redemption of the perpetrator(s). Deon tic justification to the death penalty, on the other hand, argues that the death penalty is "right" by nature, mostly on the ground that retribution against the violator of another life or liberty is "just". It naturally follows that not applying death penalty to heinous murder would be unjust. In the context of virtue, they point out that without proper retribution, the judicial system further brutalizes the victim or victim's family and friends, which amounts to secondary victimization. Moreover, the judicial process which applies the death penalty reinforces the sense of justice among participants as well as the citizens as a whole, and might even provide incentive for the perpetrator to own up to their crime.

Many argue that there are advantages of looking at capital punishment from a utilitarian perspective, that is, one which looks at costs and benefits for human welfare. The deontological debate helps to clarify the respective positions of the debate, but offers no way to reach consensus because each argument stands on different a priori ground. Similarly, legal argument can clarify a priori legal or constitutional grounds of the death penalty. However, it offers no insight over whether such law or constitutional clause can be justified on its merit. A utilitarian approach is attractive because the issue is more easily resolved through the examination of empirical evidence, such as evidence about the penalty's effectiveness as a deterrent. Opponents of the utilitarian approach argue that it is flawed for the very reason that it does not take into consideration the complicating ideas which deontology considers, such as the right to life or just retribution.

The death penalty is often opposed on the grounds that, because every criminal justice system is fallible, innocent people will inevitably be executed by mistake, and the death penalty is both irreversible and more severe than lesser punishments. The supporters of the death penalty point out that lesser punishments, including life imprisonment, can also be imposed in error and incarceration is also irreversible if the innocent dies in prison. Moreover, whether money is an acceptable compensation for long period of incarceration is a matter of ...Show more

Summary

INTRODUCTION: Death penalty is often the subject of controversy. Opponents of the death penalty argue that life imprisonment is an effective substitute, that capital punishment may lead to irreversible miscarriages of justice, or that it violates the criminal's right to life…
Author : eliwill
Death Penalty Essay essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Death Penalty Essay"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Life is Precious. Argue Against The Death Penalty. Persuasive Essay
Life is Precious. To argue against the death penalty is to argue for what is right and just. This is the mark of a civilized and informed people. To argue against the death penalty, one must argue against people with absurdly unreasonable, underlying assumptions, with emotionally-based arguments, made nearly invisible by cultural programming.
4 pages (1000 words) Essay
Death Penalty: Justice or Violence Persuasive essay
Death Penalty: Justice or Violence? Death penalty is just, when it is discriminately done only to truly heinous crimes and to offenders proven guilty beyond reasonable doubt that letting the offender live will bring greater injustice to innocent lives, thus making it necessary to protect innocent human lives.
3 pages (750 words) Essay
Death Penalty Essay
This kind of punishment is still exercised in certain states of America; on the other hand, all European nations have stopped utilizing this means of punishment. Over the years, there has been a debate over whether death penalty is a morally and ethically excepted way of punishing criminals.
3 pages (750 words) Essay
Essay that argues the death penalty
Among all the punishments given to criminals, death penalty is the worst and fierce. It shows the extreme of barbaric nature of a human and that how cruel can a human be with the other human. It represents the lowest level of the society to which it has sunk.
3 pages (750 words) Essay
Death Penalty (Identifying the Problem and Offering the Solution) Essay 3
In the past, capital punishment was practiced by most societies; however, over time, this has been abolished in most countries. Currently, only 58 nations practice it actively, while some have not abolished it per se but nevertheless do not practice it. An example is Kenya where the last execution was made in the early 1980s.
4 pages (1000 words) Essay
Death Penalty College Essay
In United States the legal administration of it is complex it involves four critical steps: 1. Sentencing 2. Direct Review, 3. State Collateral Review 4. Federal Habeas Corpus. (www.aclu.org). The first established death penalty laws date as far back as the Eighteenth Century B.C.
5 pages (1250 words) Essay
Death Penalty Bachelor Essay
Some people have said that by allowing the killing of a criminal, it will only teach others that revenge is what capital punishment is all about, instead of seeing it as a means to removing a danger permanently from society. In analyzing capital punishment, a person must look at it from all angles.
8 pages (2000 words) Essay
Anti-Death Penalty Essay
A man, for instance, who has been adjudged guilty of murdering another man, will be sentenced to death. The manner of death is another issue altogether. Many imaginative and cruel ways of implementing the death penalty have been witnessed through time - from the guillotine to the garrote to firing squads to gas chambers to electric chairs -- before the more "humane" lethal injection has been made the manner of choice in countries that consider themselves civilized.
5 pages (1250 words) Essay
Death Penalty High School Essay
Following Ryan's lead, in 2004, New York's highest court ruled that the state's death penalty statute was unconstitutional. Although prisoners still sit on California's death row, executions in that state are virtually nonexistent, however, executions in Texas continue at a even pace (791).
2 pages (500 words) Essay
Capital Punishment Analytical Essay: Death Penalty Distribution - Is It Unfair
Proponents believe it to be neither cruel nor unusual, or biased against minorities, on the contrary, they think it just and fair. The racial distribution of the death penalty is
5 pages (1250 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Click to create a comment