Capital Punishment - Research Paper Example

?Running Head: CAPITAL PUNISHMENT Capital Punishment Introduction Capital punishment refers to the fact where a convict is prosecuted through putting an end to his/her life. This might be considered as the most ancient form of punishment when in tribal warfare the victor put an end to the life of the victim through brutal means; sometimes as a mean of sacrifice to their deity (Adam & Innes, 2004, p.10). The methods of such act were multifaceted and varied across geographical region and countries. Considering the diversified nature of such punishment; some of them are deserved to be mentioned. In ancient and medieval ages crushing by elephants was considered to be one of the most practiced forms of capital punishment. Among the countries who had restored to this practice India might be the most infamous one (Wheel, 1868, p.350). However apart from all the aforementioned gruesome methods that once applied through different animals to execute capital punishment; quartering a human body with the use of horses might be considered as the most horrible one to imagine of (Lawrence, 1971, p.15). Animals were not the only means that were resorted while delivering capital punishment. There were many other innovative and much more painful methods that came out of the crooked human brain and were adapted to perfection to bring a slow or fast assuring death. A detailed consideration of these measures is not the aim of this paper and not desirable as well but a brief mentioning of some of them might help us to grasp the brutality of those acts and the pain that the concerned victim might had suffered in the process. Ambiguity might be led on which one is the worst but a mention of a few though not in the exact order of the agony they inflicted into the victim’s body, might be beneficial for us to grasp the inherent brutality of those acts that was nothing but a living nightmare for the victim and his relatives alike. It is also worth mentioning that though the paper is addressing the victims most of the times as masculine gender their counterpart were nowhere out of the realm of such punishment rather even countered more brutal consequences at times. Among many facets of capital punishments of ancient and medieval times that even sometimes stretched itself in modern times some were boiling the victim to death, the infamous Mongolian breaking back, catherine or breaking wheel, buried in ground while still alive, burning alive, crucifixion, crushing, decapitation, disembowelment, throwing down from a height, impalement and many other forms of capital punishment were practiced to deliver death to the concerned convict (10 Unusual methods of Capital Punishment, n.d.; Botsman, 2005, p.71). It is worth mentioning that type of capital punishment often differed depending upon the type of crime. A lingering death often awaited a serious convict who is subject to a heinous crime; while a less serious convict might be delivered a quick and almost painless death. Death through thousand cuts or slow slicing that was widely practiced in China in medieval period, reveals another ironical fact (Diehl & Donnelly, 2009, p.150). Here the convict was cut slowly keeping his vital organs intact so that he does not die quickly and suffers each moment of the last moment of his life. The relatives of the victim, if socially powerful and had adequate money often bribed the executioner to end the life of the prisoner after a couple of blow mainly on chest, throat or belly (Min, 2005, p. 15). The modern era ironically (the term used here to reflect the fact that whatever be the means the outcome would always be the same for the victim) brought some sophistication in execution, shooting, electric chair, hanging, electrocution, gas chamber poison injection replaced the brutal medieval acts and were considered to be more humane in nature (Volti, 1999). In USA much controversy has taken place regarding the use of electric chair and gas chamber while executing a convict and most of the states are now restoring to lethal injection that is considered as almost painless (Do Electric Shocks Really Kill?, 1938, p. 101). It is worth mentioning that some states are also thinking to abandon capital punishment in favor of life imprisonment without parole. Ironically when in one part of the world people are searching for a more humane execution of a convict on the other in some Islamic countries of Middle East stoning, hanging in crane and beheading is still practiced to execute capital punishment (Iran, violations of human rights, 1990). Before moving into more details it is worth considering the spread of Capital punishment over the world. Capital Punishments were practiced by many civilizations like Phoenicians, Persian, Egyptians, Romans, Greeks, Chinese and Israelites mostly for murders. But at some instances it was also practiced for less serious offenses like practicing magic, blasphemy and adultery. English also embraced the practice of capital punishment and the common law recognized larceny, burglary, robbery, rape, murder, treason, petty treason and arson as eight capital crimes (Bogie, 1996). Later on the there is evidence of inclusion of more and more capital laws which extended over 200 offences. Within these more than 200 offenses forgery and property offenses were also included (Mandery, 2011, p. xxii). The most hysterical act by the English law and that also spread to colonial America was burning of witches and hanging of the same. Capital punishment was introduced to America by the American colonists. Twelve capital crimes were recognized by the first Law of Massachusetts which included witchcraft, blasphemy and idolatry. In Pennsylvania Quaker founders limited the capital punishments to the murderers and traitors. However, South Jersey colony did not authorized capital punishment at that time and the colonists also restricted the capital punishments in the northern colonies. Now in US capital punishment is certified by 35 states as well as the federal government (Curry, 2011). The statistics also shows in the year of 2008, in 13 states of America 37 of the inmates all men were executed. Out of the 37 executed inmates 18 of them were from Texas which shows they are the most active state in the nation to award a death penalty (Mandery, 2011, p. xxii). In USA three types of capital punishment is used to deliver death penalty. They are namely Electric Chair, Gas Chamber and Lethal injection. Across the globe many of the countries have forbidden the use of capital punishment. Though there is a rift considering the death sentence. China executes almost thousands inmates a year and 84 countries across the world retained capital punishment in their judicial system (Dieter, n.d.). But the fact is number of countries making use of capital punishments are decreasing and in future the global opinion and pressure will influence countries to abandon this practice. The debate in US about employing capital punishment is not related with the issue of human rights instead it is an issue of conflict with the international law (Dieter, n.d.; Arguments for and Against the Death Penalty, 2000). The controversy over capital punishment is generally influenced by ‘ethical, religious and philosophical views’ of the society. But many people think capital punishment is a deterrent to murder, which is taken as a unique and effective measure (Lamperti, n.d. p.1). Death sentence was used by the society to discourage people from committing gravest of crime and restraining them from unlawful action. The key interest of the society is to prevent murder of a human being by another and to achieve it they had implemented the strongest punishment for the deterrence. This capital punishment evokes ruthlessness of judgment for criminals and instills fear within the criminals. It is also hoped that the presence of capital punishment make the criminals think repeatedly before committing any offense. So, if a murderer is executed then potential murders will be inhibited to commit any murder or grave crime due to fear of losing their own life. In America life without parole is also taken as a form of capital punishment which is known as death by incarceration. These inmates offer no potential danger to other inmates or any other people. The suffering that these lives without parole inmates are subject to is more than the condemned prisoners who might be counting their last days behind the cell. This shows death by incarceration is a better alternative than capital punishment by delivering death. This is a burning issue right now and an argumentative topic which is still ongoing i.e. which is much cruel life term without parole or death penalty (McGunigall-Smith & Johnson, 2008). Most strikingly In American history there is evidence of juvenile capital punishments. The key idea of establishing a juvenile justice system is to hold the juvenile offenders for their offensive acts and rehabilitate and prevent them from being a more harmful miscreant in future. But after revising the death penalty statutes during the later phase of 20th Century the juvenile justice system evidenced a change of policies; the policies became much stronger and harsher for the juveniles. This shift of policies resulted in increasing number of capital offenders which included individuals below 18 years. It also culminated a situation where these juvenile capital offenders were subjected to absolute punishments like capital punishment and death by incarceration. Till the year 2000 in America Juvenile capital punishment took place. The following table gives an account of the juvenile capital punishment. Death Sentences Imposed for Crimes Committed as Juveniles, 1973-2000 Year Total Death Sentences Juvenile Death Sentences Percentage of Juvenile Sentences as Portion of Total Sentences 1973 42 0 0.0 1974 149 3 2.0 1975 298 10 3.4 1976 233 3 1.3 1977 137 12 8.8 1978 187 7 1.6 1979 152 4 2.6 1980 174 5 1.7 1981 229 8 3.5 1982 268 14 1.1 1983 254 7 2.8 1984 283 6 1.1 1985 268 6 2.2 1986 299 9 1.0 1987 289 2 0.7 1988 291 5 1.0 1989 263 1 0.4 1990 252 8 1.2 1991 264 5 1.9 1992 289 6 1.0 1993 291 6 2.1 1994 321 17 0.9 1995 322 11 3.4 1996 317 10 0.9 1997 274 8 2.9 1998 285 11 1.1 1999 300 9 3.0 2000 150 3 2.0 (Cothern, 2000, p.5) It was only after 2005 that Juvenile capital punishment was prohibited in USA (The Death Penalty for Juveniles, n.d.) Thesis Statement: Capital punishment does not act as deterrence for the juveniles from committing crime and juvenile miscreants are prone to commit crimes owing to some mitigating circumstances which act as key drivers for their actions. Purpose and relevance of your study to the legal field and profession: Though capital punishment for the juveniles has been banned in USA since 2005, yet the legal body seems to be in a dilemma regarding the actual outcome of such a decision. It has been observed that a country where capital punishment is operative is subject to lower crime rate. But does the same thing hold for Juveniles? Juveniles or adolescents are immature people who might have committed a crime out of the sudden rise of temperament. Unlike the elders they lack in the capacity of holding back their emotion and often that results in a sudden out burst of action that might not get classified as legal and may even lead to capital crime. Elders are more thoughtful before committing anything they think about the following outcome. As an example they are well aware of the fact that a capital crime might lead to capital punishment, if caught and that eventually might put his family in jeopardy and his own life at a stake. This thought process resist them to restrain from a capital crime. On the other hand a juvenile is bereft of the practical knowledge of a capital crime and even if that knowledge hides somewhere into his brain he fails to find it at the right point of time. This often led a juvenile criminal to repent after being caught or committing the crime. The fear that restrains the elder from committing capital crime is often absent in the mind of a juvenile offender and he moves with free flow with his action that will eventually put him into grave danger. The above discussion leads to the purpose of the paper that questions can capital punishment be of any meaning while curbing juvenile capital crime? The relevance of the paper comes out from the immense emphasis of the same on the trend of capital punishment for the juveniles and reasons or mitigating circumstances which acts as driving factors for committing the crimes. The purpose of the study is to collect evidences about the capital punishments and its affect on rate of capital crimes regarding the juveniles. It will also collect evidences about the juvenile capital punishments and the past background of the juvenile offenders. It is widely believed that a disturbed childhood, lack of education, separation between parents at an early age all contribute to the psychological set up of a child. Such psychological impact acts as a positive catalyst and compels the juvenile to get indulged in a crime scenario; that might often be classified as a capital crime. Under no circumstances we can blame the child for the surrounding environment he/she is enduring and for the sole reason can we blame them for the forthcoming outcome? Consideration of the economic, socio-economic and psychological status of the juvenile victim when he/she was a child will help us to understand the offenders psyche. This will eventually help us to judge a juvenile capital criminal properly before putting a harsh punishment. It will also enable the justice system to think twice before putting a capital punishment. No doubt a crime is a crime and a crime as grave ads a capital crime can not be ignored by any means. However the proverb ‘hate the sin not the sinner’ perhaps comes into operation while judging a juvenile criminal as he is a human being at a nascent stage still under 18. The significant ambiguity that the American legislative body is subject to around rendering Capital punishment on a juvenile offender can be easily grasped through the debate between Justice Marshall of U.S. Supreme Court who stated that “In light of the massive amount of evidence before us, I see no alternative but to conclude that capital punishment cannot be justified on the basis of its deterrent effect.” On the other hand, Richard M. Nixon stated, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes.” (Lamperti, n.d. p.1) Though these statements were made days ago yet are still relevant. Still the dilemma around capital punishment by juvenile offender raises enough ambiguity to consider a final verdict ‘Yes’ or ‘No’. The situation has not changed even after the highest legal body of the country prohibited capital punishment to the juvenile offender and still leaves enough scope for statistical as well as logical reasons to be extended in favor of other means of punishments to juvenile capital offenders. This shows capital punishment itself is an issue of great argument and the most concerning matter of this paper is the harsh fact of rendering capital punishment to the juveniles. The core emphasis is not only given upon the death penalty, the death by incarceration decree is also a matter of grave concern within the juvenile justice system. As mentioned earlier, for many people death by incarceration seems to be harsher than the capital punishment. All these facts and evident with international laws against the capital punishment will help to an argument for the juvenile capital offenders. This paper will also help the person related to justice and political systems about the shady past background of the juvenile offenders and help them to rehabilitate. As mentioned earlier, this will also help to understand the mitigating factors which acted as key drivers for committing their offenses. It will also help to point out the source and help to eliminate the mitigating factors by the help of civic development of the society which will help to reduce juvenile crime rate. By this way all the current issues revolving around the juvenile capital punishments will be answered. Without any grain of doubt this paper will bring more clarity to the much debated issue capital punishment to the juvenile capital offenders. This clarity will eventually prove vital while taking any decision concerning legal and professional field. Who can benefit from your study and findings: This paper will be dealing with the concerning issue of capital punishment rendered to the juvenile offenders and will help the justice system as well as the society to understand the mitigating factors about the crime. It will also enable people to think about the background in which they had been raised and the bad influences which have affected their lives. Instead of hate such understanding might initiate compassion. This study will also help the social researchers and reformers to get a grasp of the mental condition of these juvenile capital offenders (McShane & Williams, 2003). Their research might explore a new horizon that will eventually enlighten these misled buds who have full potential to blossom as a full grown flower. This study will enable to identify the origin of the mitigating factors and it will also help to change the living conditions of these offenders. These steps will help the society as well as help the people who are being influenced by the environmental factors to commit crimes. This research will help to understand the condition of less fortunate people and the judicial system will also be benefited by this study as this will provide them vital information about the juvenile offenders. This information will help the Human Rights activists to pressurize the federal government about taking action to eliminate the mitigating factors influencing the juvenile miscreants to become a capital offender. However, it is also true that apart from all; the victims that are the juvenile offenders will be most benefited, as they are being direct and indirect victim of the society, which is creating such an environment that is influencing them to get associated with the criminal world. They generally start with petty crimes and eventually with passage of time commits serious crime and become capital offender. So, the people from the shady back localities and backgrounds should be counseled, imparted enough education and made provision for living in a hygienic environment. These small steps extended towards these kids will be a giant leap considering the ‘U’ turns in life they will be realizing henceforth. This might sound ambitious for the time being but a study of that manner can act as a global eye opener and might pave a way with equality, clarity and justice in real terms. At that juncture of time not only the different codes of the law would be determining the fate of those poor juveniles; rather their entire surrounding would be taken into account while declaring their punishment amidst the house of law. Punishment on that day would not be to hurt rather to embrace a life with much more light, air and enlightenment. What impact your study might have on the legal field It is true that the law has already addressed the problem of capital punishment towards the juvenile offenders in the year 2005 when the highest legal body of the country announced that henceforth the juvenile offenders would not be prosecuted under capital punishment. Besides it is also true that many legal laureates are concentrating in this particular issue to pave a smooth way to justice and to avoid any further future ambiguity. It is not expected for a country like America to carry on Juvenile capital punishment till the year 2000 and that has put enough blemishes on the face of the country (McShane & Williams, 2003). A fresh discussion considering the background of the juvenile offenders might reveal certain new facts that are yet to be tapped. If the route of the offense can be detected; its eradication would not be far away. Furthermore, if significant statistical proof can be placed behind the logic and status that will be displayed in this paper; this will strengthen the base of the existing law and might also help to avoid any future ambiguity while dealing with similar cases in courts. However, unity amidst the opposing parties and a proper political will is necessary to write a new doctrine on juvenile capital crime and its legal outcome. Most importantly unless the cause of the disease can be detected, it would be repetitive. Hence, the legal body of the country should join hand with the sociologists, psychologists and the common people to point out that cause behind this Juvenile capital crime and rub it off of our society. At this stage of the research it is expected that this might initiate a new bond among the aforementioned specialists that would only act as a positive catalyst strengthening our society as well as legal body. What you hope to learn through conducting the study, both personally and professionally A study of this stature is multidisciplinary and multifaceted. Though exploring the legal realms that governs the current system is my primary objective, yet I think the study carries many inherent potential apart from that which will explore like each buds of a flower as I move on with my research. In true terms the expected outcome of this study holds the potential to keep a balance between personal and professional augmentation. Capital Crime by Juveniles and the legal dilemma that follow suit will certainly be explored in this study. It is expected to be shown that capital punishment has little to do with curbing juvenile capital crime. On personal ground I will be able to know that what actually leads an adolescent to the world of crime from petty one to as large as capital crime. I am sure that this will reveal more than I expect and explore the multifaceted reasons that lie behind the juvenile capital offenders. This study will also introduce me with an unknown world that is riddled with chilled penury and perhaps the breeding ground of juvenile capital and other forms of crime. This might help me to have a different outlook towards juvenile criminals and might even compel me to extend my helping hands towards them. One of the major findings of this study might be ‘looks can be deceptive’ and so our society that we live within. On professional ground such study would provide me a real outlook to the juvenile crime scenario, the foreground and background of the same. I am sure in the process of the study I will come across some of them and would manage to have a brief interview with them, which will enrich my knowledge and will provide me with a different outlook while judging them henceforth in my professional life. Law can only be studied under a practical set up far from the realm of the pure bookish knowledge and this study will just pave the right way for the same for me. I expect to be more matured through this study and that applies to both my personal and professional parts. I anticipate this study will eventually transform me from a student to a researcher and enrich myself to become an enlightened lawyer in near future. References 10 Unusual methods of Capital Punishment, (n.d.), Retrieved on August 10 2011 from: http://www.smashinglists.com/unusual-methods-of-capital-punishment/ Adam, F. and T. Innes.(2004) The Clans, Septs and Regiments of the Scottish Highlands 1934, London: Kessinger Publishing Arguments for and Against the Death Penalty, (2000), The Death Penalty, Michigan State University and Death Penalty Information Center, retrieved on August 10, 2011 from: http://deathpenaltycurriculum.org/student/c/about/arguments/arguments.PDF Botsman, D. (2005), Punishment and power in the making of modern Japan, Princeton University Press Bogie, D. (1996), LIFE OR DEATH? THE DEATH PENALTY IN THE UNITED STATES AND THE NEW REPUBLIC OF SOUTH AFRICA, The Tulsa Journal, 3.2 Cothern, L. (2000), Juveniles and the Death Penalty, Coordinating Council on Death Penalty, U.S. Department of Justice, retrieved on August 10, 2011 from: https://www.ncjrs.gov/pdffiles1/ojjdp/184748.pdf Curry, T. (2011), Long road before Ariz. death penalty decision, MSNBC, Retrieved on August 10, 2011 from: http://www.msnbc.msn.com/id/41025700/ns/us_news-crime_and_courts/t/long-road-ariz-death-penalty-decision/ Diehl, D. & M.P. Donnelly, (2009), The Big Book of Pain, Daniel Diehl Dieter, R.C. (n.d.), The Death Penalty and Human Rights, Oxford Round Table, retrieved on August 10, 2011 from: http://www.deathpenaltyinfo.org/Oxfordpaper.pdf Do Electric Shocks Really Kill?, (1938), Popular Science, 133. 1, 100-101 Iran, violations of human rights (1990), Amnesty International USA Johnson, R. & S. McGunigall-Smith (2008), Life Without Parole, America’s Other Death Penalty, The Prison Journal, 88.2, 328-346, retrieved on August 10, 2011 from: http://www.realcostofprisons.org/materials/americas_other_death_penalty.pdf Lamperti, J., J. Marshall & N. Richard (n.d.), Does Capital Punishment Deter Murder?, retrieved on August 10, 2011 from: http://www.dartmouth.edu/~chance/teaching_aids/books_articles/JLpaper.pdf Mandery, E.J. (2011), Capital Punishment in America, Jones & Bartlett Publishers McShane, M. & F.P. Williams, (2003) Encyclopedia of Juvenile Justice, London: SAGE Min, A. (2005), Empress Orchid, Houghton Mifflin Harcourt The Death Penalty for Juveniles, (n.d.) Capital Punishment in Context, retrieved on August 10, 2011 from: http://www.capitalpunishmentincontext.org/issues/juveniles Volti, R. (1999), The Facts On File Encyclopedia of Science, Technology, and Society, Facts on File Wheel, J.T. (1868), Summary of affairs of the government of India in the foreign department from 1864 to 1869, Office of the Supt. of Govt. Print   Read More