Capital Punishment in the USA - Essay Example

Capital Punishment in the USA Capital punishment is also referred to as the act of executing an individual as a punishment for committing crime after a due legal process through trial1. It can only be exercised by the state by following the stipulated legal procedure. It was popularly used in the past as a punishment for serious crimes including robbery with violence, rape, murder, treason and adultery. To date, most countries have abolished this form of punishment as it is considered as being retrogressive and against the basic human rights. Recent studies show that over 140 countries have abolished the practice in practice and in law. Additionally, human rights movements, religious bodies and civil rights movements have condemned the practice world over terming it as a violation of basic human rights and the rule of the law. This essay is centered on the argument that theft and fraud are both serious crimes, but they can never be the basis for any type of manslaughter, even if the victim dies. The main argument against capital punishment states that capital punishment disregards the value of human life2. Human value is viewed as being highly valuable and should not be taken away under any circumstances, legal or otherwise. It is believed that not even the worst form of crime should deprive one his life. Those against capital punishment believe that the value of the criminal’s life should not be destroyed by their crime even if they killed someone. They argue that a substitute of this form of punishment can be through life imprisonment which gives the offender a chance to turn over a new leaf and lead a better life. In summary, human life is valuable and no authority should take it a away and no crime warrants for capital punishment. Capital punishment violates the due process of law in several ways. First, the imposition is arbitrary and irrevocable. This denies the offender the opportunity to benefit from reversal of a conviction or discovery of any new evidence which might reverses the verdict. Additionally, the death penalty violates the constitution’s provision of equal protection of its citizens3. It has observed to be imposed randomly and with biasness based on one’s skin color, social status and ethnicity. This shows that the death penalty does not conform to the due process of the law. The death penalty violates the most important universal human right which is the right to live. This right should be respected at all times regardless of the form of crime that an individual has committed. This argument is similar to the one concerning the value of human life. This argument supports the point that a victim could kill their attacker in the process of a murderous attack. In such a case, the victim can be argued to have committed murder in self defense. In conclusion, killing does not correct the act committed by the offender, instead their natural worthiness is taken away. Moreover, it does not bring any form of retributive justice in society. Capital punishment results to the wastage of limited resources that could have been directed to other meaningful activities in fighting crime3. In addition to, it is time consuming and wasted the energy of prosecutors, defense counsel, prosecuting attorneys and the legal enforcement personnel. It burdens the criminal justice system and has negative effects of societal values and morals. It goes ahead to prove that killing is right which is not true. There are higher chances of execution of the innocent as offenders may get killed due to the loop holes in the justice system. Jurors and prosecutors make mistakes and in the event an offender is innocent, they are killed for a crime that they did not commit which is highly regrettable. This together with the mistakes in the legal system can lead to death of innocent people where capital punishment is practicable3 . There is ample evidence for such situations leading to the conclusion that capital punishment should be abolished to avoid the loss of innocent lives. Those against capital punishment believe that the concept of retribution is not only morally flawed but also impractical. In other words, people in society cannot be deterred from committing murder through practicing it through the legal system. Retribution is argued to be vengeance which is immoral and leads to public outburst. Over the years, executions have been followed by episodes of demonstrations further showing the negative impacts of capital punishment. Furthermore, the death penalty is not retribution enough since the offender does not suffer. What would be ideal is life imprisonment since it gives the offender a chance to reflect on their crime and try to become a better person. Religious groups consider the act to a sin and punishable by death4. Capital punishment fails to offer the desired results of deterring individuals against committing serious crimes in society. Other forms of punishment such as imprisonment, fines and community service have proven to be more efficient. In addition to, scientific research has failed to prove that executions have deterrent effects on offenders in society. Additionally, deterrence is immoral and there are many factors that lead to the increase of the rates of crime in society. The death penalty is considered to be cruel and unusual and has been banned in most countries. It is considered to be an outdated practice that has no place in the contemporary society4 .The methods of execution used are painful and they include being electrocuted and the lethal injection. The death penalty causes the offender unnecessary psychological torture and this is highly cruel and inhuman Global human rights organizations such as the UN and UNHCR are working towards the abolition of the death penalty all over the world1. The death penalty has not proven to be a viable method of crime control, in fact; recent studies have revealed that it has been ranked to be among the least effective methods of controlling crime. Opponents of the death penalty claim that it is immoral and it is nothing more than legalized murder if we ignore all outstanding circumstances. It also increases violence in the society by qualifying the notion that killing is right so long as it is administered as a form of punishment for serious crimes. In retrospect, countries that take part in capital punishment are not the most crime free, in fact some have the highest crime rates ever recorded. The human life is precious and should be guarded at all cost and not thrown away to the dogs for any reason whatsoever. More importantly, practicing such inhumane methods of punishment can be taken as ranking of people’s lives and yet all human beings deserve an equal chance at life. There are various other forms of punishment afforded to criminals without going to extremes like capital punishment. As a matter of fact, it should be noted that whereas jail terms and other appropriate forms of punishment correct the wrong doings of a felon and helps them realize the err of their ways, capital punishment only ends their life and hence they will never have the chance to correct themselves. The issue of morality is yet more serious and the countries need to realize that capital punishment is only legalized murder. In fact, by practicing this form of punishment law makers make it seem alright for people to settle disputes through murder. As already mentioned retribution is both impractical and illogical; in this case murdering those who murder. The legal systems that still participate in such barbaric behavior need to go back to the drawing board and evaluate their correction mechanisms. They are advised to seek legal counsel from those who have abolished it and consult with them for optimal results in their judicial system. Bibliography E. Mandery, Capital Punishment in America: A Balanced Examination (Jones & Bartlett Publishers 2011). G. Hanks, Against the Death Penalty: Christian and Secular Arguments against Capital Punishment (Herald Press 1997). J. Yorke, Against the Death Penalty: International Initiatives and Implications, (Ashgate Publishing 2009). L. Siegel, Introduction to Criminal Justice (Cengage Learning 2009). Read More