An Indefensible Punishment - Essay Example

 An Indefensible Punishment When a state punishes an individual, who has committed a criminal offense, by imposing a death punishment, it is referred to as a death penalty or capital punishment. In the earlier times, such a punishment was thought to protect the society for crimes and relieve the criminal of their souls. However in the present times, most of the countries have abolished this practice (Textbook_death_penalty, 228). This is primary because the practice is now considered as a cruel and ruthless practice. Several researchers have conducted studies on the concerned topic and different views and opinions have been arrived at. An article published by The New York Times referred to as “An Indefensible Punishment”, has presented the views on how death penalty needs to be abolished. For this particular study the focus has been placed in support of the opinion that death penalty cannot be considered to be a correct method of punishing an individual primarily because it is a very indefensible form of penalty to be decided by another individual. The above mentioned article has been primarily based on for the study. Death Penalty: An Indefensible form of Punishment: According to the opinions of different theorists in the past, death penalty could in earlier times be considered as a significant measure that could prevent crimes from taking place within a society. This is primarily because individuals committing dreadful crimes like murder, rape, homicides, or any other form of act that is against the rule of law or justice, if punished with the death penalty could act as an intimidation for other individuals who might have plans to take any such measure. However over time people have realized that the punishment of death is a harsh and cruel form of penalty and that to live is the right of every individual (An Indefensible Punishment). It can be understood that a person who murders another person or attempts similar crimes need to be punished. The need for the punishment can be realized, since, if the criminal is allowed to let go then he might repeat his activity again. However, all of these might not make it necessary for an individual to get a punishment of death. Several causes and reasons might be considered in this context that would reject the death penalty as a correct form of punishment. As a most important factor, it may be discussed here that often it is the case that a judgment is wrongly conducted against an innocent person (An Indefensible Punishment). This is possible owing to several wrong witnesses at times getting wrong support. In such situations, an innocent person may be suffered and given the penalty of death, which would then be a highly wrong measure to have been against the individual. Also many times biases for or against certain individuals may impact the judgment and lead to the death penalty without having a proper assessment of the crime that has taken place in actual (An Indefensible Punishment). Capital punishment can be understood to be a very harsh method of treating an individual that also reflects the outrageous feeling of the world as a whole. When an individual kills another individual, his activity is considered as a crime. It can then be realized that when the society decides to punish the murderer by that same measure the society also is committing the same crime. In cases where crimes are committed by small children, there is a need to realize that these small children cannot intend to do the same; rather some kind of mental disorder or psychological issues could compel the small children or young people to attempt such harsh crimes (Textbook_death_penalty, 232). Thus it can be understood that the need to understand the real cause of a person attempting a crime is also necessary, ignoring which a wrong judgment might take the lives of the innocent or an ill person. Several different forms of death penalty like hanging, lethal injection and others are now prevalent that reflect the ruthless measures that society is prepared with to give the criminals penalty with. Instead of such lethal measures punishment on the part of the society could also be in other forms, that could make the individual suffer severely at the same time the society or the decision maker not being involved in any cruel method. Several arguments are also prevalent that believe that death penalty should be applicable to such criminals. These beliefs in support of the act come on the basis of the fact that every human being has the right to live. Hence these theorists would believe that all human beings have the right to kill an individual who commits such crimes like murder. This in turn could be expected to prevent the acts of crimes within a society as well as provide a security to the society as a whole. Some reformers like Bentham and Marx were against any form of punishment as they believed that punishments were immoral in nature and disrupt the contentment of a society. On the other hand, Miller had his views in support of the death penalty as he opined that “capital punishment outweighed the harms” (Textbook_death_penalty, 234). Thus different views can be observed on the use of death penalty for the purpose of punishment of criminals. However, in the modern times, more number of countries is planning to abolish the measure of the legal system implying power to take up different measure to punish the criminals. Moreover, the death penalty might cause the family members of the individual punished to suffer who might not have been responsible for their child’s act although. Although it is never recommended to spare the individual who has committed any heinous crime, yet it can be understood that a death penalty may be a harsh and extreme nature of punishment. It also rests the soul of the criminal instead of making him realize the pain of suffering, in this respect as well, the legal system should not support the death penalty; rather the individual should be allowed to live and given a punishment to make him suffer and realize may be for the rest of the life. This would then prove to be a more effective warning for other criminals since death is always a better option to choose for than other measures of punishments of pain. One such measure is the lifetime imprisonment for the criminal. This would make the criminal truly suffer and feel the punishment for his sin. Thus it can be considered important to realize that death penalty is not an act that is defensible in nature and hence needs to be abolished from the legal system in every country. Conclusion: Although death penalty or the capital punishment is banned in several countries, yet there are several other countries that still make use of this punishment measure for criminals. The study has presented both the views for and against the death penalty measure and tried to bring out the support for abolishing the system since the process affects the right of an individual to live. It also reflects that the society equally attempts a criminal act if it in turn kills the individual who has attempted a murder. Most importantly, the application of death penalty presents the society as possessing a very harsh and ruthless character that brings out its outrage and anger when crimes occur in its surroundings. Thus to prevent crimes, death penalty does not seem to be an absolute measure. Rather other methods of punishment would not only prove to be less cruel, but at the same time would in true means allow the criminal to suffer the pains of his cruel act. Thus with time, the abolishment of the death penalty can be observed in the legal systems of different countries. References 1) “An Indefensible Punishment”, The New York Times, 2011, October 18, 2011 from: http://www.nytimes.com/2011/09/26/opinion/an-indefensible-punishment.html 2) Textbook_death_penalty, Chapter 5: The Death Penalty Read More