Administering the Death Penalty to Child Molesters - Term Paper Example

Child Molestation: The Crime and its Solution Introduction Child molestation is one of the most grievous forms of crime. Child molestation is also referred to as sexual abuse of children and it constitutes all sorts of inappropriate behaviors of an adult toward a child that include but are not limited to sexually seducing a child, making a child undress, touching the private organs of a child sexually like the child’s genitals, raping a child, forcing a child to do oral sex, and sexually exploiting a child by taking his/her nude photos. Child molesters indulge in these acts either with children of their own gender or from the opposite sex or both. In a vast majority of cases, child molesters execute these behaviors knowing that they are unlawful but they cannot resist their intrinsic desire to indulge in such acts. There is also a category of offenders who do not consider such acts unlawful particularly when the child enjoys this kind of behavior. Summing up, child molestation is the execution of sexual offence against any child that is below the age of consent for sex. Child molestation is a crime that does not happen quite infrequently. “According to the U. S. Department of Justice Bureau of Justice Statistics, on any given day there are approximately 234,000 sex offenders who were convicted of rape or sexual assault and are in the custody or control of correction agencies” (“Sex Offender Statistics”). Ineffectiveness of the current punishment policy for child molestation The U. S. Department of Justice Bureau of Justice Statistics records that as many as 4300 child molesters have been released from imprisonment in 15 states across the US in just one year, and out of these who have been released, about 3.3 per cent have been rearrested within just three years after the release for having caused another sex offense to a new child (“Sex Offender Statistics”). This percentage excludes the freed child molesters who did commit the crime after getting released once and did not get caught or imprisoned for the second offence. From these statistics, the ineffectiveness of the current state of punishment for the offence of child molestation is quite evident. This imparts the need for a radical change in the policy of punishment for the child molesters. The current policy that provides the child molesters with an opportunity to be released from punishment after some time is totally unacceptable because harming a child is a heinous crime for which the offender must not be provided with any opportunity of rehabilitation. A vast majority of the child offenders are habitual criminals and there is little surety, if any, that they would not commit the same crime when set free. They are repeat offenders and destroy the lives of a lot of children as well as their families over the passage of time. The current punishment for the offense of child molestation is ineffective as it provides the offenders with the opportunity to be free sooner than they are supposed to be, thus providing them with the freedom to commit the crime. My policy and its way of application Considering the ineffectiveness of the current punishment policy for the offense of child molestation, I propose a policy according to which, rape and child molestation are such federal crimes that are punishable by no less than death and expedited execution of the death sentence. I recommend the use of this policy for all cases of rape and child molestation without exceptions. The fundamental idea on which my policy is based is that since child molesters are repeat offenders and continue to do the crime after they have undergone the punishment, the best way to eradicate this crime from the society is the removal of these people altogether, which is only achievable by providing them with the death punishment. Success of this policy can only be judged after few years of its implementation. A way to judge the effectiveness of my policy is to compare the statistics regarding the occurrence of the crime of child molestation before and after the implementation of my policy. Theoretical analysis of my policy Supportive theories The policy that I have proposed is supported by the Deterrence Theory as well as the Rational Choice Theory. Deterrence theory Deterrence is punishment’s use as a threat so that people can be deterred from offending. Reference to deterrence theory predominantly justifies the punishment for two main reasons; first, most of the retributive theories either have implausible moral implications or are internally coherent. Secondly, even if some retributive theory of punishment is otherwise acceptable, it should be rejected since violence is justified in no way except for when it is in self-defence. “This claim, of course, does not itself restrict us to a deterrent theory, for it is consistent with other possible justificatory aims: direct prevention, for instance, or reform” (Ellis). However, a vast majority of the punishments do not have any preventive effect. The policy I have proposed is consistent with and is supported by the deterrence theory since my policy makes use of the main aspects like severity, immediacy, and certainty that are deemed critical for effective punishment by the Deterrence Theory. The justification of the use of the deterrence theory in support of my policy is grounded in its two main assumptions; first, specific punishments that are given to the offenders would prevent them from committing the crimes in the future, and secondly, the punishment would inculcate a fear of punishment in others because of which they would not commit similar crimes. No type of punishment is as fearful as death for others because it does not provide them with any chance of escape after they have been imprisoned which in turn justifies my policy. Rational choice theory The rational choice theory is based on the utilitarian belief that people make rational choices by weighing the costs and benefits of their actions. “In rational choice theories, individuals are seen as motivated by the wants or goals that express their 'preferences'” (Scott 3). On one hand, the cost of setting the child molesters free after few years of punishment is the huge risk of molestation of other children by the same criminals. On the other hand, the benefit of providing the child molesters with death sentencing is that not only the criminals would not be able to inflict the same kind of violence on other children, but also the punishment would be severe enough to discourage other people from indulging in the crime of child molestation. It is quite obvious that the benefits of death sentencing of child molesters far outweigh its costs. Therefore, the rational choice theory also supports my policy since the law would consider a more severe punishment for the offenders of child molestation. Contradictory theory Trait theory The trait theory emphasizes upon the role of brutalization inflicted upon an individual as a child by parents or adults in developing the tendency in the individual to execute violent crimes in the adulthood. My theory is refuted by the trait theory because it is fundamentally based on the concept that an individual’s actions are depicted by his/her physical and genetic traits irrespective of choices. A vast majority of child molesters have personally experienced abuse and molestation as children which happens to be the reason why they become child molesters in the adulthood according to the trait theory. Trait theory refutes my policy since it generates an element of sympathy for the child molesters since they have personally experienced the trauma in the childhood. The trait theory would rather consider a policy aimed at psychological treatment and behavioral therapy of the child molesters more suitable. Works Cited: Ellis, Anthony. “A deterrence theory of punishment.” The Philosophical Quarterly. 53.212. (2003). Scott, John. “Rational Choice Theory.” 2007. Web. 14 Oct. 2012. . “Sex Offender Statistics Tips.” Life Tips. 2012. Web. 14 Oct. 2012. . Read More