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The Death Penalty: Fair Solution or Moral Failure - Literature review Example

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The paper “The Death Penalty: Fair Solution or Moral Failure?” discusses the death penalty as an old idea as it dates back to 1700 BC where Code of Hammurabi has contained the first known death penalty laws. Under this law, around twenty-five crimes were treated as punishable by the death penalty…
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The Death Penalty: Fair Solution or Moral Failure
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Download file to see previous pages At the very forefronts of the debate of the death penalty lies deterrence theory, that has long been a cornerstone that many researchers and scholars have used to argue for the death penalty. Deterrence theory has several times been quoted by judges, persecutors, officials and legal authoritative people to justify the death penalty (Gerber and Johnson, 2007, p. 62). The basic consensus of the deterrence theory is that the death penalty serves a general deterrence to crime. At the very forefronts of the debate of the death penalty lies deterrence theory, that has long been a cornerstone that many researchers and scholars have used to argue for the death penalty. Deterrence theory has several times been quoted by judges, persecutors, officials and legal authoritative people to justify the death penalty (Gerber and Johnson, 2007, p. 62). The basic consensus of the deterrence theory is that the death penalty serves a general deterrence to crime.  Based on studies, Mandery (2005, p. 49) concluded that there is the wide consensus among America’s top criminologists that the death penalty does or it can reduce the rates of criminal violence among the society. People are more likely to be afraid of punishment. Strong punishment remains to be a stronger shield for the criminals to get rid of their common criminal attitude.  As Marzilli (2008, p. 21) observed, the strongest argument for the death penalty is its deterrence value that is based on common sense. People are afraid of dying and hence people will be discouraged by the possibility of being sentenced to death for committing certain crimes that will cause them death. US Criminal Justice system has supported this straight forward logic. Almost all the people who were sentenced to death were appealing their sentence and this showed that they did not wish to die.  The death penalty is morally correct because it is an effective method to provide the greatest justice for the victim and to alleviate the psychic pain of the victim’s family and relatives or friends etc. Alleviation of the psychic pain is more evident from family members and political followers etc. Death penalty circulates a moral statement to the public that there is a common behavior that is more unacceptable to the community that one who indulges in the killing, murdering or raping a child will be forfeited his right to live (Siegel, 2009, p. 513). When a criminal is killed by the law due to his criminal behavior of killing others. ...Download file to see next pagesRead More
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