Business Law - Essay Example

An Argument Paper on a Controversial Legal Issue of Capital Punishment A number of countries in world still believe in death penalty as capital punishment but there are countries, which are removing the punishment in their penal, or criminal law (bbc.co.uk) books and so the debate rages on. I am arguing against death penalty because there are just a number of incontrovertible arguments I happen to share with the article on ‘Thoughts on the death penalty’ (n.d.). The first one reads: “The most important one is the virtual certainty that genuinely innocent people will be executed and that there is no possible way of compensating them for this miscarriage of justice.” (Thoughts on the death penalty, n.d.) The same article also explains: There is also another significant danger here. The person convicted of the murder may have actually killed the victim and may even admit having done so but does not agree that the killing was murder. Often the only people who know what really happened are the accused and the deceased. It then comes down to the skill of the prosecution and defense lawyers as to whether there will be a conviction for murder or for manslaughter. It is thus highly probable that people are convicted of murder when they should really have only been convicted of manslaughter. The article on ‘Thoughts on the death penalty’ (n.d.) cited a second reason, that is often overlooked, and that is ‘the hell the innocent family and friends of criminals must also go through in the time leading up to and during the execution and which will often cause them serious trauma for years afterwards.” The same article explains: It is often very difficult for people to come to terms with the fact that their loved one could be guilty of a serious crime and no doubt even more difficult to come to terms with their death in this form. However strongly you may support capital punishment, two wrongs do not make one right. One cannot and should not deny the suffering of the victims family in a murder case but the suffering of the murderers family is surely equally valid. Arguments for the death penalty On the other hand, there are arguments for death and each is counter-argued below to expose the utter lack of basis of such arguments. The first one supports the incapacitation of the criminal. The article on ‘Thoughts on the death penalty’ (n.d.) argues that capital punishment permanently removes the worst criminals from society and should prove much cheaper and safer for the rest of us than long term or permanent incarceration. It further explained by saying that it is self evident that dead criminals cannot commit any further crimes, either within prison or after escaping or being released from it. (Thoughts on the death penalty’, n.d.) (Paraphrasing made) Counterargument: The state may not be the proper person to value how much a life would cost. By executing the criminal, the state has become a criminal itself. To deny a convicted person of life by taking his life him via execution chamber or otherwise is to deny him the chance to reform. There are many stories of reformed criminals. How would the state impose on a free mind that what it is executing cannot be reformed? Only the Creator gives life, hence, we should allow the Divine Will to take it back. The second one argues on high cost of maintaining a criminal in society. The article on ‘Thoughts on the death penalty’ (n.d.) explains: Money is not an inexhaustible commodity and the state may very well better spend our (limited) resources on the old, the young and the sick rather than the long term imprisonment of murderers, rapists, etc. Counterargument: It would seem that the above point of view is a misguided belief for humanity (WordNet Search - 2.1) where there is no second chance. It assumes the worst in man while not allowing possibility for reform. Man is not inherently bad. He is good (Church of Scientology International) from the beginning but due to different factors that may have been knowingly or unknowingly caused by the state, he commits crime. But it does not mean he cannot be reformed. While in prison, the man could be creative. He could still work and if the state so gives him a chance, the man could be reformed psychologically and that he may go back to society as a normal person. Sometimes it is the people themselves who do not give chances to the convicted criminal because of how state values its citizens (thefreedictionary.com). There are many cases of reformed criminals after they have been given chance to work again. The time being attributed for the delay as part of cost should not be blamed on the accused or convicted but rather be thought as the right of the accused to be presumed innocent which is a constitutional right (Constitution of the State of Rhode Island and Providence Plantations) until final conviction is affirmed by the highest tribunal. The third argument is retribution. The article on ‘Thoughts on the death penalty’ (n.d.) explains its argument: Execution is a very real punishment rather than some form of "rehabilitative" treatment; the criminal is made to suffer in proportion to the offence. = Counterargument: We live in a modern society (farahsouth.cgu) where we know more than before in terms of psychology and other sciences which could help us to evolve into better citizens of the world. Thus there is no place in modern society for the old fashioned belief of ‘an eye for an eye’ (Wikipedia) or ‘tooth for a tooth’ principle. If we uphold this argument for retribution, who should kill the public official who will kill the convicted person? Is he not also a murderer? In that sense, it is possible for humanity to go for self-extinction (Earthscape.org) by then mere folly of having a law in upholding death penalty as capital punishment due to retribution. (godonthe.net) Conclusion: I have proven my point. Some points are just incontrovertible in favor of no capital punishment for death. On the other hand, the arguments posited in favor of death are based on faulty assumptions about a human being. Man is free and he could change decision until the last breath of his life. A mentally and intellectually growing generation must admit of the different complex realties in life of which this life has been the subject of many studies since man discovered science and knowledge. To equate man’s life in terms of just few dollars or that of being not capable of reform is very much simplistic and absurd and could only be the result of an uneducated and unscientific mind. And so to eliminate him because he happens to be costly to society and that it is the easiest way of preventing further harm because of possible repetitions of crime would not be justified at this point in time. If medicine would do everything to save a man dying of cancer, why not look more favorably to a convicted felon that he might live a better life after an error of judgment and his remaining life could be as precious as the one dying of cancer in hospital? Why don’t we just allow the Divine Will to do the simple job of taking life? References: 1. Church of Scientology International, Good and Evil, Right and, Wrong, http://humanitarian.lronhubbard.org/dyn3a.htm, 2005, accessed March 16,2006 2. Constitution of the State of Rhode Island and Providence Plantations, http://www.rilin.state.ri.us/gen_assembly/RiConstitution/C01.htm n.d., accessed March 16,2006 3. CRIMINAL LAW, bbc.co.uk http://www.bbc.co.uk/consumer/legal_glossary/c.shtml, March 16,2006, 4. Earthscape.org., Glossary, http://www.earthscape.org/r3/erwin/glossary.html ,n.d, accessed March 16,2006 5. farahsouth.cgu, http://farahsouth.cgu.edu/dictionary/, n.d., accessed March 16,2006 6. godonthe.net, http://www.godonthe.net/dictionary/r.html, n.d., accessed March 16,2006 7. thefreedictionary.com, http://www.thefreedictionary.com/citizens+band , 2005, accessed March 16,2006 8. Thoughts on the death penalty, {www document) URL http://www.richard.clark32.btinternet.co.uk/thoughts.html#anti (n.d.), accessed March 16,2006 9. Wikipedia, en.wikipedia.org/wiki/Eye_for_an_eye , 2006, accessed March 16,2006 10. WordNet Search - 2.1, http://wordnet.princeton.edu/perl/webwn?s=humanity (n.d.), accessed March 16,2006 Read More