Capital Punishment - Term Paper Example

?Capital Punishment The doctrine of birth and death are the most obvious and the unpredictable events in the Nature. Since time immemorial such has been the nature of occurrence. With the spread of civilizations, the greed and lust of mankind reached an epitome and uncontrolled desire of achievement lead to loss of human values. The seriousness of the degradation leads to crimes, wars, battles and loss of innumerable human life. The concept of punishment came into existence among humans and even life of people was not spared in providing penalty for their ill deeds. The age –old theory of capital punishment was immensely popular among the Phoenicians, Persian, Egyptians, Romans, Greeks, Chinese civilization, where the brutal act of convict prosecution was done by taking away their life. The process of killing was carried out in horrendous fashion, which turned the punishment to be more excruciating. Modes of capital punishment were innovated with different procedures and the shameful act was carried out unremittingly. Ironically the modern era also did portray their interest and used modern technologies to kill the convicts in atrocious manner. Significantly the act of capital punishment was even carried among the juveniles till the last decade, and surprisingly the proclaimed super power developed nations of the world were a part of this severe in-humanitarian policy. Thesis Statement Capital punishment should be abolished from the world and in particular the act of juvenile capital punishment needs to be barred, as this extreme measure does not preclude the miscreants from committing further crimes. Capital punishment: A brief history The history of Capital punishment or death penalty is quite enriched with events and the start of the timeline of capital punishment begins in eighteenth century in Babylon under the regime of King Hammaurabi. The law related to death penalty covered 25 different crimes. Crucifixion, drowning, impalement, beating to death were some of the measures of providing capital punishment. In the sixteenth century, burning, beheading, drawing and quartering carried out executions. 222 crimes were listed under the execution of capital punishment in Britain, which even included mere acts of cutting down a tree. Lingering death was provided to the serious convicts on account of heinous crime where as lesser degree of criminal acts by the convicts resulted in quick and painless death (Introduction to the death penalty, n.d). In China during the medieval period many cases of death through thousand cuts and slow slicing were noted. The colonist in America induced the capital punishment in the state and 12 capital crimes were identified. The range of capital punishment varied across different part of the states. Some of the states provided limited control. The Northern colony limited its use. Idolatry, blasphemy, traitors were dealt under the jurisdiction of capital punishment. In spite of the less enthusiasm followed in some parts of America regarding capital punishment, but the massive colonization in America made capital punishment popular all over the country. The major reason cited for the implementation of capital punishment was to control the rate of occurrence of crime. However in the end of eighteenth century, only incidents of first-degree murders were punished till death. In the southern states the punishment was imposed to control on the actions of slaves. Evidence of racial discrimination prevailed in the process of atonement as the white people committing same sort of acts was relieved by mere compensation whereas the law of capital punishment was enforced on the other civilians of the society. The age-old tradition of capital punishment continued to leave its impact in the present modern era. Boundary of capital punishment though reduced and imposed on serious crimes, new methods were invented to carry on with the execution. Guillotine, Gas chambers, electric chairs, lethal injections became popular as modes of homicides. The incidents of capital punishments reached its peak during the Second World War. As many as 4000 women of different age groups were hanged, shot to death or guillotined by the Nazi forces without minimal trial (The execution of women by the Nazis during World War II, n.d). Execution by shooting was effectively carried out in Belarus, Indonesia, UAE and Chin and 48 such incidents were reported in the year 2008 (Shoot at dawn, Execution by shooting & the firing Squad, n.d). In the United States, Texas accounts for most cases of death penalty covering more than one third of the prosecutions in the country. In 1997, the total number of capital punishment cases reported to be in Texas was 37 whereas the total figures of the U.S were 74 (Mandery, 2005, p.73). Life without parole is taken to be a form of the capital punishment in USA. The inmate of death by incarceration poses no danger to the other people in the surroundings. Death by incarceration or death by parole is a better alternative than capital punishment in means of the attainment of death. The convicted person suffers the rest of his life in prison and is accompanied by unremitting loneliness. The convicts pass through turbulent emotional doldrums till their death (Johnson, n.d, p.328). The laws of Capital punishment hold same for adults and adolescents and the under aged boys and girls also followed the trial of Capital punishment. Juvenile Capital Punishment Capital punishment was relentless on the population worldwide and it even involved adolescents. The cases of crimes by the juveniles increased significantly and the governments of various countries including the United States decided to enforce the death penalty among the immature, under aged mass of the society. The main reason for the commitment of crime was never seriously dealt from human point of view and the legal system penalized the juveniles in the most disastrous ways rather than implementing measures for their rectifications. Cases of juvenile capital punishment were distinctly high in number in the United States. Since 1973,196 adolescents have lost their life after their prosecution. The case of capital punishment on this part of the society increased at a rapid rate till 1950’s and the figures reflect that two thirds of the juvenile was at the age of 16, whereas one third of them were in their mere 15-16 years of age. A huge increase in number of juvenile crime was recorded in the period between 1985 and 1995 but cases of capital punishment being imposed were not at parity with the rate of crime (Cothern, 2000). Careful analysis of the Juvenile crime reflects that high percentage of them was underdeveloped and does not have sufficient maturity to decide on crucial things. A study on their social upbringings highlight that they have been facing with some problems or the other and they were deprived from the presence of sustainable environment during their growing age. Cases of mental abuse, physical abuses were also present among the juveniles. Some of the juveniles were also prone to drug addiction and faced severe poverty in the early years. All this social factors did have an effect on the psychology and the mental stability of the adolescence and lack of impulse and control often resulted in indulging them to the act of crime. The immoral and uncivilized killing of young people had a huge impact on the society over the years. The constitutionality of death penalty to juveniles has been in question for many years and the emergence of global bodies, which focuses on humanitarian right had dealt with the issue in a much firm manner. The involvement of a human being during the nascent stage of his life can be attributed to the socio economic status. A careful background study will enable us to understand the psyche of the juvenile and his motive behind the crime. Focusing on the shady past of the juvenile the proper approach of rehabilitation should be provided rather than curtailing his right to live. Study by the psychologist have derived that there are various aspects related to Juvenile crime which are deficiencies in decision making policy, vulnerability to coercive circumstances and unformed character (Montello, n.d). Due to normative stage the adolescents can respond variedly to pressure situations, which a matured being may resist. The adolescents do not bother about their future and they do not consider the consequences they have to face due to committing of the crime. Adolescents also suffer from clear identity crisis, and it often involves risky and unsafe activities. The underage people are often susceptible to peer influence and are highly risk taking and are completely unaware of self-management. Based on the reasons above, providing capital punishment to them will be a punishment beyond them to absorb, rather ratification of rules and regulations should be conducted to take sufficient care of the young society and nurture them for their bright future. Motives behind Death penalty: In present generation various reasons have been cited for the adherence to death penalty by the governments of some countries. Some of the reasons cited are mentioned below. In order to provide security to general people, the violent criminals are often penalized with capital punishment. The main motive behind the issue is to make the other criminals aware of such consequences and to diminish the increase of criminal activity taking place. It was used to prohibit people from committing the gravest of crimes and to promote overall peace and harmony in the society. Through strong measures of capital punishment strict legal enforcement were set by the government and it tried to instigate fear among the other people that will inhibit them to perform similar act on account of the fear of losing his own life. However it is to be remembered that the situational factor for juvenile crime does not support it. Some people are of the belief that if appropriate punishment is not provided to the criminals, then the rate of occurrence of crime will take a steep increase. The criminals will have the idea that whatever crime they may perform, they would not be dealt seriously and will be encouraged enough to carry on with their vandalism. The criminals will have the free license to raise considerable amount of terror among the people. Capital punishment is supported in case of mass destructions or when a considerable portion of the society has been hit severely by the event of crime. The extent of catastrophe caused is detrimental in the development of emotional vengeance. The shocks caused to the people make them belief that retribution is the only alternative in order to calm their soul. (10 pros and cons of capital punishment, n.d) The logic cited by people in this particular case is purely based on emotional aspect and no logical justification can be provided in the respect. Example of the particular case was evident in the US after the devastation of 9/11. The massiveness of the attack in the world trade center and Pennsylvania by Osama Bin Laden intrigued hate and fear against him by the Americans and immediate prosecution and his killing was demanded by the US citizens as a vengeance toward the inhuman act. The motives behind capital punishment and its post implementation effect did not provided a match. No proper evidence of minimizing crime rate was present. Though most of the nations abolished the capital punishment owing to pressure from international laws and the emergence of human rights commission but countries like the United States were reluctant to make such effort. It was only in recent time that the US government pulled back its policy of 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) Capital Punishment and law: The general international law does not support the act of Capital Punishment carried out by many countries and many international treaties have been ratified to abolish the system. However the drafting of international treaties and legal obligation does not imposes a severe compulsion on the countries to universally accept its verdict. The growing trend of the result of international regulation as observed in the year 2003, suggested a good prospect for the law to be ceased all over. International agencies like the European Union, United Nations, and African Union, all raised their agenda and are working in alliance to monitor the efforts of various nations. Over the decades their prime theme has been to stop or limit the judgment based on capital punishment. The efforts of various agencies had been fruitful in various cases. Abolitionist activity started back in 1940. Several countries like Germany, Australia had already called off capital punishment. The Framing of human rights law provided much support to those trying to eradicate the barbarous system. The United Nations strictly worked under the norms of the international human rights. In 1948, the Universal declaration of human rights included the provision of “Right to life”. The act was welcomed by United Nations and it asked the member nations to retreat back and called for abolition. One of the major steps taken by the European Union was in the year 2000 where the charter of fundamental right declared the right to life for everyone and emphasized on the fact that no one should be executed. In the initial years many obstacles were faced in framing of international laws as some countries propagated the idea that verdict of death penalty is an internal matter of the state. Article 6 of the covenant on Civil and political rights adopted in 1966 affirmed on the inherent right to life. The article had the provision, which states that juvenile capital punishment should be provide and the restrictions hold applicable for pregnant women. In the year of 1989 the convention of right of Child also legalized the provision that no person below the age of eighteen will be applicable for capital punishment and neither life imprisonment can be imposed on them. All countries except the United States of America gleefully accepted the above-mentioned charter. However the signage of the treaty did not prevented some nations from continuation of the crime. European Union made it mandatory for the member countries to abolish the laws relating to death penalty to seek an entry in the body and this move by them caused many eastern countries of Europe including Poland, Serbia and Yugoslavia to end the penalty. Many counties have initiated the abolition of capital punishment also. In Turkey the abolition took place by legislation procedure and in Ireland a part of the constitution was amended to prohibit capital punishment. Judgment by the constitutional court led to closing down in South Africa, Albania and other countries. The significant contribution of international law and the dynamism, which it provided, was a noteworthy achievement in the eradication of the immoral activity carried by countries for a considerable amount of time (Schabas, n.d, pp1-26). The overall success to the efforts can be attributed to the fact that 111 countries had abolished the act of capital punishment. However capital punishment still persists over major parts of USA and China, the super powers of the world. Death Penalty and USA: The indifferent attitude of USA with reference to Capital Punishment has been a matter of concern for the human rights agencies all over. The resolute nature of the US federal government in continuing with the act of capital punishment as a measure to implement strict legal rules and regulations in the country has been a matter of major discussion among the snobs all around. Repeated petitions from UN human right commission and the United Nations have not melted the ice of dispute. The continuation of capital punishment has evoked the encouragement of the darker aspect of human rights. Various flaws had been identified in the law of the federal system which encourages racism and supports capital punishment. Opinion polls generated from the public reflects the fact that many Americans are in opposition to the capital punishment and is in favor of punishing the criminals by implementing life imprisonment without parole as an alternative. The United States had isolated itself from the impact of various treaties forbidding the use of capital punishment by reservations in various domestic laws. Another important issue, which creeps in the US law, is the delay in judgment of the convicts. Convicts are held in custody for long period of time and they are kept on death row and faces cruel and brutal punishment before taking away their life. The international law clearly signifies that it would be a cruel act to execute a person who has been in custody for over a period of more than five years. However US being a part of the UN human right commission initiated some steps in decreasing the rate of capital punishment. Recently he US Supreme Court decided to take a view on the opinions posed by other nations in determining the standard of decency that will be detrimental in analyzing the boundaries of punishment. The overall scenario improved a lot in the country as few of the states impose death penalty. A drastic improvement has occurred in the period of 1999 to 2003 where the harsh measures were implemented by 25 out of 38 states. The states in favor of the punishment also recoded few instances, accounting for execution of nearly six people from 15 states since 1976. A considerable decrease in number of execution was noticed from 98 in 1999 to 59 in 2004. The legislative approach, which the federal government had in support of Capital Punishment, was also hit back when the murder rate across both abolitionist and supporting states matched similar figures. Further more capital punishment plays a mere role as a measure of crime control and has a symbolic retributive status (Hood, 2005, pp.14-16). Conclusion: Capital punishment has been an issue of great argument and the harsh factor of juvenile capital punishment is of utmost concern. The study reflects the insignificance of Capital punishment in curbing the rate of crime conducted. The multi facet reasons behind the offenders conducting such crimes should be necessarily studied before confirming the judgment. The societal responsibility in breeding the adolescence and their eventual turning up into criminals cannot be bypassed. However the underage citizens have been relived a lot in recent times when the law passed prohibiting the use of capital punishment on adolescence. In the rapid globalization and the promotion of fraternity and humanitarian values, it is a hard concept to believe that inhuman punishment is still legalized. A satisfactory part which can be concluded from the study is that rising number of such cases which started from medieval age, continued in the regime of Hitler, have effectively slowed down in the present generation as a major number of countries have abolished capital punishment. The counties which raise legal issues and cite reason of inter security to support this impractical judgment could reflect on their crime rate and not much critical difference can be observed from those opposing the punishment. Capital punishment can be linked to inhuman killing as reflected in the study and occurrence of such should not be promoted by any means. The stubborn outlook of America over the years has considerably harmed the progress to exterminate Capital punishment. A significant decrease in such event did progressed but total wipe out of the system was not enacted. It is quite agreeable to punish the guilty based on the severity of the crime but efforts should also be taken to critically analyze the motives behind the crime and to improve the overall socio economic structure so that people are encouraged to live a peaceful and friendly life. It is necessary to figure the absolute reasons of crime; else it would continue for a long period time. The imposer of capital punishment should also stress on other factors while implementing the harsh punishment. In order to penalize an inhuman act, it is necessary to confirm that the penalty is not associated with same nature of illicit, brutal activity, which may even cause death of the convict. Bibliography 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 Hood, R, (2005), CAPITAL PUNISHMENT: THE USA IN WORLD PERSPECTIVE, chrgi, retrieved on September, 17 from: http://www.chrgj.org/publications/docs/wp/Hood%20Capital%20Punishment%20-%20The%20USA%20in%20World%20Perspective.pdf Introduction to the death penalty, (n.d), deathpenaltyinfo, retrieved on September, 17 from: http://www.deathpenaltyinfo.org/part-i-history-death-penalty#intro Johnson, R, (2008), Life without Parole, America’s Other Death Penalty, The prison journal, retrieved on September, 17 from: http://www.realcostofprisons.org/materials/americas_other_death_penalty.pdf Mandery, E.J, (2005), Capital punishment: a balanced examination, Boston: Jones & Bartlett Learning Montaldo, C, (2010), Death Penalty for Juveniles, about.com, retrieved on September, 17 from: http://crime.about.com/od/juvenile/i/juvenile_death_2.htm Schabas, W, A, (n.d), The Abolition of Capital Punishment from an International Law Perspective, iscrcl, retrieved on September, 17 from: http://www.isrcl.org/Papers/Schabas.pdf Shoot at dawn, Execution by shooting & the firing Squad, (n.d), capitalpunishmentuk, retrieved on September, 17 from: http://www.capitalpunishmentuk.org/shooting.html The execution of women by the Nazis during World War II, (n.d), capitalpunishmentuk, retrieved on September, 17 from: http://www.capitalpunishmentuk.org/nazi.html 10 pros and cons of capital punishment, (n.d), buzzle, retrieved on September, 17 from: http://www.buzzle.com/articles/10-pros-and-cons-of-capital-punishment.html Read More