Apital punishment - Research Paper Example

?Capital Punishment Introduction Capital punishment, also known as the death penalty, is a form of justice where the individual is put to death following a legal process, as punishment for the crime. While capital punishment was prevalent in most societies in early human history, currently many countries no longer practice the death penalty, or do so only in exceptional circumstances such as during war. Of the developed western countries, only the United States continues to actively practice capital punishment, and this varies significantly between different states. History of capital punishment Prior to the 18th-century, capital punishment was prevalent in England for a range of types of crime, including theft and assault. However, as power shifted towards a parliamentary system, and away from the monarch having sole power, the use of capital punishment decreased. This was partly driven by a desire to see more democracy, and also because the death penalty was becoming ineffective at reducing crime rates (Lieberman 200-203). At this time the list of crimes that were punishable by death was so extensive that enforcing the law was difficult and often impossible. Because the only option for those convicted of capital crimes was death, many were released or recommended for royal pardon, based on compassion (Lieberman 209). Consequently, the use of capital punishment began to decrease, and there was an increase in the rate at which criminals were imprisoned In southern France 1977, a Tunisian worker was killed by guillotine as the result of a conviction of murder. While there was nothing significant about the conviction itself, this was the last time that an individual was executed through capital punishment in Western Europe in the 20th century. This trend was prevalent throughout the world, and in the same year only two people were put to death in the United States (Zimring 15-16). The worldwide perception of capital punishment has changed throughout the decades. Initially, Europe believed that the presence of the death penalty was the decision of the individual nation. However, since 2000 Europe has placed a strong emphasis on the human rights aspect of capital punishment, believing the use of the death penalty to be a violation of human rights (Zimring 17). Capital punishment in the United States The occurrence of capital punishment within the United States of America remains an issue of significant moral, political and legal relevance. America is the only developed nation in the western world that continues to use capital punishment as a legal means of punishing criminals (Zimring viii). The use of capital punishment in the United States is varied, and some states actively use the death penalty, while others have abolished it altogether. While the number of people sentenced to death has been dramatically increasing, the same trend has not been observed in number of people executed (Zimring 6). The history of capital punishment in the United States is surprising and unpredictable. In the 1950s and 1960s the pattern of executions followed that of the rest of the western world, with a steadily decreasing number of deaths by capital punishment per year. By 1965, this figure had decreased to less than ten executions each year. A moratorium was released on capital punishment in 1972, which lasted until 1970. However, from 1970 to the present day, the nationwide rates of capital punishment have been increasing, and they currently resemble the rates that occurred prior to the moratorium (Zimring 6-7). Capital punishment shows substantial variation across the states. Thirty-eight states have legal statutes that allow the death penalty, although several of these have not executed an individual for decades. Furthermore, variation among the states that practice the death penalty is significant. In 2000, 40 people were executed in the state of Texas, out of the 85 executions that occurred across the nation (Zimring 7). One significant change that has occurred in the death penalty since its inception is the movement from public executions to ones that are restricted to specific people being able to view. Historically, executions were a public ceremony which had a highly religious aspect. In the early 1800, public hangings were considered to be important events, and were attended by all social classes. However, this perception changed and by 1850 only the lower classes attended the executions, and there was an increasing perception that the treatment was unfair and unjust. In 1830, Connecticut made the first move to ban public executions, and by 1937, the last public execution was held in the United States (Bohm 7-8). This change represents a move to decrease the unruly nature of public executions, however, it also served to hide what was occurring from the public. Although there were still newspaper accounts of executions, and public could be present during the trial, the private nature of executions acted to make capital punishment less real and less personal to the average American. Capital punishment in the rest of the world The perception of capital punishment is varied throughout the world. While it is almost universally condemned in the western countries, the United States still actively practices capital punishment and shows no inclination to halt this practice. This trend is not present in the eastern world, and many countries in this part of the world actively practice capital punishment. As of 2003, 69 independent countries had abolished the death penalty without reinstating it at a later date (Anckar 4).The United Nations classifies countries under four categories. The first category is countries that do not have the death penalty under any circumstances. The second category contains those countries that retain the death penalty but only for use under special circumstances, such as during war. These two groups are known as abolitionist for all crimes and abolitionist for ordinary crimes, respectively. Abolitionist de facto countries are those who still maintain a legal precedent for the death penalty, but do not actively practice it. The final category is retentionist, where the country actively practices the death penalty (Anckar 4-5). Why does capital punishment still exist? One argument for the presence of capital punishment, at least in America, is the increase in prison populations, and the fear associated with convicted criminals eventually being released into public society. Prison populations have been growing substantially in recent years, and this trend is showing no signs of slowing. There are a number of factors that drive this increase, including an increase in overall levels of crime, as well as an increase in the population in general (Kovandzic and Vieraitis 213). In the United States, the use of the death penalty appears to be an effort to decrease crime and to limit the prison population. Nevertheless, this is hardly effective as the legal aspects mean that few people who are condemned to death are actually executed. Many advocates of capital punishment within the United States believe that there should be more executions and a decreased delay between conviction and sentence (Zimring 8). Conclusion Capital punishment is an issue of considerable debate, especially in the developed western world. Society has progressed to the point where only one country in this part of the world actively practices the death penalty. However, this country is the United States of America, one of the largest countries in the world, and shows no inclination to stop this practice. European countries perceive the death penalty as a human rights issue, and believe that no country has the right to execute its citizens. However, current trends make it appear likely that the death penalty will continue in America, as well as countries in the east, for a long time to come. Works Cited Anckar, C. Determinants of the Death Penalty: A Comparitive Study of the World. London and New York: Routledge, 2004. Print. Bohm, R. M. DeathQuest: An Introduction to the Theory and Practice of Capital Punishment in the United States. 4th ed. Waltham, MA: Anderson Publishing, 2012. Print. Kovandzic, T.V., and Vieraitis, L.M. "The Effect of County-Level Prision Population Growth on Crime Rates." Criminology & Public Policy 5.2 (2006): 213-244. Print. Lieberman, D. The Province of Legislation Determined: Legal Theory in Eighteenth-Century Britain. Vol. 14: Cambridge Univ Pr, 2002. Print. Zimring, F.E. The Contradictions of American Capital Punishment. New York: Oxford University Press, 2003. Print. Annotated Bibliography Anckar, C. Determinants of the Death Penalty: A Comparitive Study of the World. London and New York: Routledge, 2004. Print. Source summary: This book examines the prevalence of the capital punishment throughout the world and considers what factors drive some countries to practice the death penalty, some to abolish it and others to retain the law, but not actively practice it. Usefulness of the source: This source is useful as it compares the differences in death penalty practices across different countries. This is relevant to the paper, as it allows the different trends to be examined in detail. How the source was found: The source was found using Google Scholar and the search string: (capital punishment OR death penalty) worldwide Bohm, R. M. DeathQuest: An Introduction to the Theory and Practice of Capital Punishment in the United States. 4th ed. Waltham, MA: Anderson Publishing, 2012. Print. Source summary: This book examines the history of the death penalty in the United States, referencing specific historical events and current events. The author focuses on the arguments for an against the death penalty and considers each side of the argument. Usefulness of the source: This book is useful as it helps to show how and why the death penalty is the way that it is today and the factors that are relevant in capital punishment theory. How the source was found: The source was found using the following search string in Google Scholar: (capital punishment OR death penalty) United States. Kovandzic, T.V., and Vieraitis, L.M. "The Effect of County-Level Prision Population Growth on Crime Rates." Criminology & Public Policy 5.2 (2006): 213-244. Print. Source summary: The author quantitatively examines the way that the prison population in the United States has changed over time, and what has potentially driven this change. Usefulness of the source: This paper is useful because it shows one possible reason for the death penalty remaining in the United States. How the source was found: The source was found by doing a search in Google Scholar, using the search string: prision population drivers Lieberman, D. The Province of Legislation Determined: Legal Theory in Eighteenth-Century Britain. Vol. 14: Cambridge Univ Pr, 2002. Print. Source summary: This source examines the history of legal theory and the laws that were present in Britian in the eighteenth-century. Itconsiders the time period in detail, and references many specific events and laws that occurred during that time. Usefulness of the source: This source is relevant because it shows the historical capital punishment laws and how these changed over time. It is particuarly important, because the laws at this period influenced later laws in both Europe and the United States. How the source was found: The source was found using a Google Scholar search, with the search string: (death penalty OR capital punishment) historical Zimring, F.E. The Contradictions of American Capital Punishment. New York: Oxford University Press, 2003. Print. Source summary: This book considers the way that capital punishment differs within America, and the debates that are present concerning the death penalty. Usefulness of the source: This book is useful as it details differences within the United States, and helps to show why America is so different than the rest of the western world. How the source was found: This source was found using Google Scholar, and searching: (death penalty OR capital punishment) and United States Read More