Process of Capital Punishment - Research Paper Example

Capital Punishment Capital punishment is one of the toughest judgments passed by legal authorities whenever a crime is committed. In nearly all nations of the world, this kind of punishment was being applied in the past (Connors, 2007). However, with the intervention of other organizations, some countries have stopped passing this reprimand. They have looked for other types of punishment. For instance, capital punishment in some countries has been passed to individuals who commit crimes that are only related to war (Brooks, 2012). The criminal can be hanged, drowned or electrocuted. Although United Nations General Assembly is doing a campaign on abolishing the penalty, some other big states like United States are voting against the same. Williams (2000), states that capital punishment is seen as a punishment that should be applied to some extent. Not all crimes committed should result in the death penalty. Capital punishment in the past was practiced more often. In recent times, it is passed only to certain crimes or offences committed that are mostly related to war (Lifton & Mitchell, 2000). In cases of intentional murder or rape, death penalty can be applied, but will also depend on the cause of the incident. According to this research proposal, capital punishment should be passed in genuine cases that require one to be executed (Brooks, 2012). Every country should come up with alternative penalties that should be passed to a criminal in case of murder or rape. For example, life sentence can be applied to murder cases. Capital punishment is not the solution to all crimes that are related to war (Williams, 2000). Introduction Also called death penalty, capital punishment is a process that is allowed by law in which an offender is put to death. The punishment itself is called death sentence and the activity is called execution (Brooks, 2012). For a person to be killed, he must have committed a capital offense in which the law of the state legally allows execution (Connors, 2007). Execution is normally done by injecting the criminal with poisonous chemical that kills (Sarat, 2001). In early days, capital punishment was practiced to sentence criminals, political or religious people who went against the laws of the state. Offenders would be tortured through beatings and men were castrated before being killed (Brooks, 2012). Currently, Williams (2000) observes that capital punishment has been completely abolished in most nations of the world. Some countries do practice capital punishment only for specific crimes, such as war crimes (Connors, 2007). Almost all the countries are against this kind of punishment being employed to people who are underage. Capital punishment is also prohibited under international criminal law. The United Nations General Assembly is doing a campaign calling for abolition of the act. Although many nations have eradicated capital punishment, over 60% of the population in the world lives in countries where capital punishment is still taking place (Brooks, 2012). For example, China, India, United States and Indonesia are still practicing death penalty. These countries have been voting against the suggestion by the General Assembly of abolishing the act. In the past, capital punishment was carried out through crucifixion, live burial or drowning. However, methods used in the contemporary world include electrocution, lethal injection, hanging, shooting or stoning to death (Connors, 2007). Capital punishment is associated with intolerance and ignorance. Therefore, in absence of death penalty or capital punishment, the lives of many people are less secure and the rate of crimes may increase (Lifton & Mitchell, 2000). Lifton and Mitchell (2000) further explain that innocent people can be convicted and executed due to injustice, which cannot be rectified. With the reinstatement of capital punishment, many people including men and women can be released from the death row. This is because the death penalty performs significant role in determining the lives of people since it has been considered the most effective predictor of the committed crime (Connors, 2007). Research Problem Capital punishment has been a tough practice in many countries (Lifton & Mitchell, 2000). Although the United Nations General Assembly has been fighting for its abolition, some countries are still voting for the existence of the punishment. Death penalty in some countries is practiced only when an individual is found guilty of committing a crime that is war related (Brooks, 2012). According to research, execution of criminals has been used by almost all societies. In most countries, capital punishment has been reserved for cases, such as murder, as part of justice. In other countries, it is applied in sexual crimes, such as rape. Islam religion embraces death penalty (Lifton & Mitchell, 2000). Research Purpose Criminals and crime victims have to be considered in the research; both have rights to be taken into consideration (Williams, 2000). The research will look at when to apply capital punishment and the method to be used to executing a criminal. It should focus on the type of penalty a person is given based on the crime committed. The research should also analyze crimes where death penalty can be applied. This is because not all criminals should be executed (Brooks, 2012). The research proposal should provide (in details) the type of crimes where capital punishment should be applied since some offenses require fair punishments (Lifton & Mitchell, 2000). Research Questions In this research proposal, many questions about capital punishment should be answered. The main concern is on when to apply capital punishment and on which offence. Death penalty should not necessarily be employed on all crimes (Williams, 2000). The research will also answer the question: why is capital punishment still in existence even after The United Nations General Assembly effort to abolish it? It will also provide information as to why some other countries practice this type of punishment (Connors, 2007). Research Thesis Many reasons support the idea of implementing the death penalty abolishment. But since it is a complex issue, there is no convincing evidence which supports the idea that capital punishment prevents crime. This makes it difficult to point out common facts or arguments to support how death penalty deters any offence. As such, capital punishment has been a big issue to many countries and although many have abolished the practice, some are still insisting or voting for its existence (Goldman and Lin, 2001). Jurisdiction, the quality of legal counsel, and politics where an offense is committed are the most effective determining factors for capital punishment. Therefore, some countries do practice this punishment only when the offence committed qualifies for the same (Connors, 2007). This proposal seeks to ascertain the reasons as to why other countries are still practicing this punishment and to what extent it should be applied. United Nations General Assembly has been at the forefront in campaigning for the abolishing of capital punishment. This organization is proposing for another alternative punishment to replace capital punishment (Turow, 2003). Research Boundaries The research is focused on the study of capital punishment, which has become a big issue to many countries worldwide. The study will focus on how capital punishment has become a major concern to the United Nations General Assembly and how this is to be solved (Goldman & Lin, 2001). It will also look into what impacts capital punishment cause in many societies that are practicing it. The study will provide information about those countries that still practice death penalty and why they are practicing it. The research will also stick to the kind of crimes that will allow the application of death penalty and will narrow those types of crimes where capital punishment is compulsory (Henderson & Flanders, 2000). Methodological Approach The research method to be used will have to provide information about capital punishment and its impacts (Turow, 2003). One of the main approaches to be used in researching on capital punishment is by analyzing the number of countries worldwide that are against death penalty and those who are still voting for its existence. Research reveals that over 60% of countries worldwide are still practicing death penalty. However, most countries are against this kind of punishment (Williams, 2000). Research Findings According to research being carried out, capital punishment is still taking place in some countries. The regimes are executing criminals who commit certain offences. Connors (2007) asserts that the death penalty is not a fair judgment. The struggle by the United Nations General Assembly in ensuring that this kind of punishment is abolished worldwide is being brought down by those countries that are voting against it. Capital punishment in some countries is applied to cases, such as, murder and rape (Brooks, 2012). In the past, capital punishment was practiced by many countries but this has gone down in recent times. Some countries are applying capital punishment only to cases that are related to war. The research also shows that countries like China, India, United States and Indonesia are voting against the suggestion made by the United Nations General Assembly to abolish the penalty. They want the penalty to remain (Melusky & Pesto, 2011). Recommendations Capital punishment is unfair judgment to many countries worldwide and there should be an alternative punishment to be applied. In case of any criminal offence, the crime should be weighed first before applying any punishment (Goldman & Lin, 2001). Capital punishment should not be the only and final recommended punishment in case of murder or rape cases. United Nations General Assembly should look into this punishment and come up with another alternative that brings fairness to both the criminal and the victim (Sarat, 2001). Before passing any judgment, the judge should put into account the weight of the felony that has been committed (Henderson & Flanders, 2000). Also, those countries that are against the idea of the United Nations General Assembly of abolishing capital punishment should work hand in hand in coming up with another punishment that can replace the death penalty. If not so, they should come up with specific crimes in which capital punishment can be applied (Brooks, 2012). Capital punishment is not the only solution where one commits murder or rape, other alternatives, such as life sentence, can be applied. Conclusion Capital punishment was there in the past and it is still present in the contemporary world. Nonetheless, the practice has been abolished in many countries, thus only a few are practicing it. They have come up with other alternatives of punishing offenders (Melusky & Pesto, 2011). The United Nations General Assembly has been trying to get rid of this punishment, but is facing opposition from some countries that are for the death penalty. Countries like the United States are voting against the campaign because they want the death penalty to be practiced in their country (Sarat, 2001). In some countries, capital punishment is applied only to specific cases, such as murder or sexual crimes. Capital punishment should be applied only to crimes or offences that really need enforcement of the punishment References Brooks, T. (2012). Punishment. Abingdon, Oxon: Routledge. Connors, P. G. (2007). Capital punishment. Farmington Hills, MI: Greenhaven Press. Goldman, R., & Lin, A. C. (2001). Capital punishment. Washington, D.C: CQ Press. Henderson, H., & Flanders, S. A. (2000). Capital punishment. New York: Facts on File Lifton, R. J., & Mitchell, G. (2000). Who owns death? Capital punishment, the American conscience, and the end of executions. New York, N.Y: Morrow. Melusky, J. A., & Pesto, K. A. (2011). Capital punishment. Santa Barbara, Calif: Greenwood. Sarat, A. (2001). When the state kills: Capital punishment and the American condition. Princeton, N.J: Princeton University Press. Turow, S. (2003). Ultimate punishment: A lawyers reflections on dealing with the death penalty. New York: Farrar, Straus, and Giroux Williams, M. E. (2000). Capital punishment. San Diego: Greenhaven Press. Read More