The Legalization of Capital Punishment - Report Example

Criminal Law Total Number of Words 276 Table of Contents I. Introduction …………………………………………………………………………………………………… 3 II. Reasons behind the Need to Consider Capital Punishment as a Viable Sentencing Option in Solving Heinous Crimes ………………………………………………………………………… 4 a. Repeated Criminal Offenses after Parole vs. The Principles of Retribution, Deterrence, and Incapacitation …………………………………………………………………… 4 b. The Social and Economic Benefits of Legally Allowing a Capital Punishment ……………………………………… 6 III. Discussion ………………………………………………………………………………………………………… 7 IV. Conclusion ………………………………………………………………………………………………………… 8 References …………………………………………………………………………………………………………… 10 - 12 Introduction The Bureau of Justice Statistics (2008) reported that a total of 42 individuals were executed in 10 States and 26 in Texas back in 2007. Out of the 42, 41 were executed using lethal injection while the other one was executed by electrocution. Back in 2006, as much as 3,228 prisoners were sentenced to death. Even though majority of the white Americans are in favor of implementing a capital punishment for convicted murderers, there are still a lot of people who consider the implementation of a death penalty is a violation of human rights. (Lambert, Clarke, & Lambert, 2004; Moore, 1994; Ellsworth, 1983) In line with this matter, debate has been going on as to whether or not law makers should reinforcement a bill that favors life imprisonment without a parole in exchange with a death penalty. (Peffley & Hurwitz, 2007) For this study, the student will justify the reasons behind the need to consider a capital punishment as a viable sentencing option in deterring and solving heinous crimes throughout the United States. In the process of justification, several studies with regards to the benefits and limitations of using capital punishment in terms of minimizing and controlling the number of criminal cases will be thoroughly examined and discuss. Reasons behind the Need to Consider Capital Punishment as a Viable Sentencing Option in Solving Heinous Crimes Repeated Criminal Offenses after Parole vs. The Principles of Retribution, Deterrence, and Incapacitation In many cases, there are a lot of criminal offenders were caught of repeating the same criminal acts after being given a parole. Based on the findings of the research study that was conducted by LaBrie et al. (2007), the rate of criminal reoffense varies from the crime classification and that no significant improvement were detected after having provided a treatment to criminal offenders during the last 20 years. For this reason, a more serious policy is needed in deterring the criminal cases within the society. With regards to the principle of retribution, law makers consider the type of punishment being appropriate with the criminal acts committed by the offenders. (Durham et al., 1996) For this reason, there will always be a limitation with the extent a capital punishment should be imposed to a criminal offender. For example, death penalty should be given only to criminal offenders who has intentionally taken the life of another person. Based on the principles of deterrence, law makers and politicians believe that imposing severe punishment will enable the members of the society to think twice before getting themselves engaged on a criminal act. (Whitehead & Blankenship, 2000; Zeisel & Gallup, 1989) Aside from granting the family of the victim a sense of emotional revenge (Whitehead & Blankenship, 2000; Firment & Geiselman, 1997), a capital punishment such as a death sentence is considered a more effective deterrent as compared to the use of a simple life imprisonment since a criminal offender who has been executed under the law can no longer victimize another innocent person. (Ellsworth & Gross, 1994; Zeisel & Gallup, 1989) For this reason, a capital punishment can be considered as the ultimate form of incapacitation in deterring heinous crimes. The problem with a simple life imprisonment is the threat associated with the possibility that murderers will be eventually released through a parole or escaped from the prison with the purpose of harming another person. (Culp, 2005; ONeil, Patry, & Penrod, 2004) In the case of life imprisonment with a parole, some criminal offenders may have gotten used to the kind of life they live behind the prison cell. Considering the benefits they receive behind the prison cell, criminal offenders who were set free through a parole are more likely to commit the same crime. The Social and Economic Benefits of Legally Allowing a Capital Punishment Good citizens of the United States strongly fear the idea of becoming a victim of a heinous crime. For this reason, most of these individuals greatly support the legalization of a death penalty. (Arthur, 1998: p. 163) Basically, allowing the local citizens to know that there is a harsh criminal punishment waiting for criminal offenders could make them feel safer. Although not all people would agree to the economic benefits associated with the legalization of a capital punishment, it is a fact that the U.S. government will be able to effectively use a large portion of taxes used in maintaining life behind prison into areas that could promote economic growth. In general, taxes are normally collected for the purpose of financially supporting the collective needs of the society. In line with this matter, a portion of the collected taxes are used in supporting life in prison whereas a large portion of taxes goes to the health care needs of the people, infrastructure development, and the educational support through grants among others. Due to the continuously increasing number of individuals who has committed crime each year (Bureau of Justice Statistics, 2008), the state budget allocated for the support of life in prison becomes insufficient to promote a healthy lifestyle within the prison cell (Wilson, 2008). Charging a murderer with life imprisonment without the possibility of a parole is not a good alternative for a capital punishment for the reason that they only adds up to tax burden of the most Americans who are working hard to maintain their daily financial needs. Instead of having sufficient taxes to support the retirement funds of the tax payers, a large sum of money is being spent for the daily needs of the prisoners who will never have the chance of participating in the economic development of the country. Discussion Disagreeing to the idea that violence should be responded with another violent act (Ellsworth & Gross, 1994), the opposition side of capital punishment consider the legalization of a death sentence as immoral and uncivilized (Firment & Geiselman, 1997). Despite the moral issues associated with the implementation of a capital punishment, government officials and law makers remains highly responsible in protecting the life and social welfare of the people. In relation to the high number of repeated crimes after parole, the student considers the social and economic benefits associated with the legalization of a capital punishment as a strong basis for considering a capital punishment as a viable sentencing option when it comes to deterring and solving the high number of heinous crimes throughout the United States. Despite the student’s strong support with the idea that the implementation of a capital punishment could deter the high number of criminal cases in the country, it is highly recommended for the jurors to carefully look through criminal cases prior to sentencing a prisoner or the suspect of a criminal case to a death sentence due to the fact that a large number of evidences show that some innocent individuals ended up becoming a victim of a death sentence. (Radelet, Lofquist, & Bedau, 1996; Ellsworth & Gross, 1994; Radelet, Bedau, & Putman, 1992) Conclusion The legalization of capital punishment has a lot of social and economic benefits aside from lowering down the rate of heinous crimes that occurs in the country each year. Therefore, capital punishment should continue to remain a viable sentencing option in the United States. It is easy to consider the legalization of capital punishment as a solution in deterring the high level of criminal cases. However, there will always be a limitation as to the extent wherein serious punishment such as a death penalty should utilized. By carefully studying each criminal cases through the use of accurate evidences such as a DNA test, it is possible to prevent the cases wherein an innocent person will be sentenced to death. *** End *** References: Arthur, J. (1998). Racial attitudes and opinions about capital punishment: Preliminary findings. International Journal of Comparative and Applied Criminal Justice , 22(1 - 2):131 - 144. Bureau of Justice Statistics . (2008). Retrieved July 19, 2008, from Capital Punishment Statistics: Summary Findings: http://www.ojp.usdoj.gov/bjs/cp.htm Culp, R. F. (2005). Frequency and Characteristics of Prison Escapes in the United States: An Analysis of National Data. The Prison Journal , 85(3):270 - 291. Durham, A., Elrod, H., & Kinkade, P. (1996). Public support for the death penalty: Beyond Gallup. Justice Quarterly , 13(4):705 - 736. Ellsworth, P. C. (1983). Public Opinion and Capital Punishment: A Close Examination of the Views of Abolitionists and Retentionists . Crime & Delinquency , 29(1):116 - 169. Ellsworth, P., & Gross, S. (1994). Hardening of the attitudes: Americans views on the death penalty. Journal of Social Issues , 50(1):19 - 52. Firment, K., & Geiselman, E. (1997). University students’ attitudes and perceptions of the death penalty. American Journal of Forensic Psychology , 15:65 - 89. LaBrie, R. A., Kidman, R. C., Albanese, M., Peller, A. J., & Shaffer, H. J. (2007). Criminality and Continued DUI Offense: Criminal typologies and recidivism among repeat offenders. Behavioral Sciences & the Law , 25(4):603 - 614. Lambert, E. G., Clarke, A., & Lambert, J. (2004). Reasons for Supporting and Opposing Capital Pubnishment in the USA: A Preliminary Study. Internet Journal of Criminology , 1 - 34. Moore, D. W. (1994). Majority advocates death penalty for teenage killers. The Gallup Poll Monthly , 348(September):2 - 6. ONeil, K. M., Patry, M. W., & Penrod, S. D. (2004). Exploring the Effects of Attitudes Toward the Death Penalty on Capital Sentencing Verdicts. Psychology, Public Policy, and Law , 10(4):443 - 470. Peffley, M., & Hurwitz, J. (2007). Persuasion and Resistance: Race and the Death Penalty in America. American Journal of Political Science , 51(4):996 - 1012. Radelet, M., Bedau, H., & Putman, C. (1992). In spite of innocence. Boston: Northeastern University Press. Radelet, M., Lofquist, L., & Bedau, H. (1996). Prisoners released from death rows since 1970 because of doubts about their guilt. Thomas M. Cooley Law Review , 13:907 - 966. Whitehead, J., & Blankenship, M. (2000). The gender gap in capital punishment attitudes: An analysis of support and opposition. American Journal of Criminal Justice , 25(1):1 - 13. Wilson, K. (2008, January 15). Southern Maryland Online. Retrieved July 20, 2008, from Support For Life In Prison Up, OMalley Poll Numbers Down: http://somd.com/news/headlines/2008/7032.shtml Zeisel, H., & Gallup, A. (1989). Death penalty sentiment in the United States. Journal of Quantitative Criminology , 5(3):285 - 296. Read More