The Reasons of Capital Punishment - Term Paper Example

Student Name: Tutor: Title: Capital Punishment Course: Institution: Introduction Capital punishment which is also known as death penalty has been in existence since early times. The reasons for carrying out the penalty vary from one country to another. However, in most countries, capital punishment has been used to ensure that people do not commit certain crimes. The practice has nevertheless, generated a lot of controversies in the modern time on whether it is human to administer it or not. This has lead to various organizations joining the debate of whether to abolish it or not. Organizations like the UN and EU insist that the practice should be abolished. Different religions also have different views concerning the practice. The paper will explicitly discuss in details the issues surrounding the practice. Reasons for and against will be intensely analyzed and a common ground determined. A brief History of Capital Punishment It is evident that the use of capital punishment was practiced in all societies as a means of administering punishments for various crimes. The earliest is traced back in Athens in the 621 BC. The legal system at the time in Greece was written by Dracon which is commonly referred to as Draconian laws. Capital punishment was applied in a wide range of crimes. The executions were mainly carried out in public. In Europe the penalty was used as a generalized way of punishing people for any crimes they had committed. However this was mainly done before the development of the prison system. In Britain during the reign of King Henry the fourth, more than 72,000 people were executed. This was considered unfair since petty crimes were also punishable by death. More than 160 crimes were punishable by death in Britain. However most judges did not support the practice and did not apply it fully (Lundin, 2011). Discussions and Debates All over the world, the issue of capital punishment has attracted a lot of discussions. Some of the people feel that it should be abolished while others feel that it should not. It is also interesting to note that despite most people being against it, 60% of the human population live in countries where the practice is very active. The main reason why some people are calling for the abolishment of the sentence is because it is sometimes done in a very inhuman way making it more inhuman than the crimes that were committed. Others urge that the practice has not been able to contain the crimes and instead more violent crimes re witnessed in the countries where it is being practiced. Other people consider the practice barbaric as there are more ways of administering punishments rather than the use of capital punishment. Most of the civil rights activists have come out strongly opposing the sentence (Amnesty International, 2009). On the other hand some people still feel that the practice will ensure that the practice is important for maintaining public order. This makes the debate more sensitive. Considering the forms of crimes that are emerging in the world today some people feel that the practice should be reserved for various crimes like terrorism and war crimes against humanity. In this case it makes sense as most people agree that terrorism is a global issue and also a threat to human existence. However despite this most of the terrorists are trained and ready to die and as such the sentence may not have any impact. Several international organizations have thus called for the abolishment of the practices. These include the UN and the EU (Schabas, 2002). Pros and cons of Capital punishment Pros It is common for all the humans to fear death regardless of who they are or their position in society. It is therefore logical to attach death sentence to crimes so as to prevent people from engaging in it. Those proposing that the death sentence be maintained argue that most crimes have been prevented through this measure. Life imprisonment which has been argued as the best alternative is not sufficient as criminals have no fear of going to jail. This is further explained that most criminals have been in jail more than once (Hogg, 2009). It is also important for people to get what they deserve. An example is a serial killer who has no regrets for his actions. Sending him to jail for life will not change anything. It is also important to put into consideration the victims of the crime. Therefore, only death sentence will make the criminal pay for his actions and the victims will be relieved knowing that the murder is no more. Most of those who are against death sentence argue that innocent people may end up facing executions for crimes they did not commit. This is however not true since modern science has boosted the methods of investigation and production of evidence and therefore the chances of prosecuting innocent people is very minimal. If errors are to occur then it will involve very few incidences which should not make the punishment inefficient. Those who oppose the move always argue that death sentence is painful and inhuman. This should not be an excuse of delivering justice. Death will always be painful regardless of how it occurs. In the modern society, there are various methods of executions which are less painful and can be applied instead. In most cases the execution also helps the society get rid of criminal elements who are a threat to the society. Prisons will not deliver any justice as it tends to be a holding place for murderers and dangerous criminals. Cons The death sentence may lead to executions of innocent people. This is mainly because most of the people who have appealed against the sentence have always been acquitted. This means that innocent lives could have been lost. Some methods of execution also require the participation of physicians. This is common with the use of injections and other poisonous substances. The physicians are supposed to protect lives and not to kill. This sentence therefore violates the oaths taken by the physicians. Some of the physicians carrying out the sentence may end up being affected mentally as some of them will not have people to associate with. This is because some members of the public will always view them as murderers. It is also against the human conscience to force others to kill intentionally regardless the reason since killing is murder (Dareini, 2008). The practice is always used by dictator and political leaders to execute those who oppose them making it a tool for murder. Most of those convicted of death sentence are usually the poor people in the society. The poor who are uneducated or face difficult situations in life are mainly the victims of the death sentence. This therefore means that the sentence is not for the sake of justice. The other poor people in the society will continue will the same crimes others have been executed for. The death penalty may not effectively be just considering that the criminal made mistakes. Death sentence is therefore a form of revenge which does not solve the problem. This is regardless of the crime that was committed. The act of revenge therefore develops a feeling of mistrust among the people involved. It is also evident that crime rates have been on the increase in the world. This is despite the fact that death sentence has been in practice since time in memorial. This therefore shows that death sentence cannot be a measure of fighting crime (Kronenwetter, 2001). Religious views Various religions have different views concerning the use of this practice. Although the practice is legal some religious do not condone it while others condone it. Christianity does not condone the practice and believes that only God has a right to taking life since he is the giver. On the other hand Islam seems to condone the practice. This is because the holy book used by Islam states the crimes that are punishable by death and insists that the practice be carried out fully. Hinduism on the other hand does not agree with the practice fully although it acknowledges the fact that some crimes should be punishable by death. Initially, Judaism approved the practice but it has since abolished it due to various recommendations from its scholars. This therefore suggests that most of the world religion do not condone the practice and most of them are calling for its abolishment (Kronenwetter, 2001). However, it is evident where Islamic laws are being followed the sentence is still very active as the teachings of Islam dictates that the wicked have to die. Analysis According to the analysis, it is clear that capital punishment has both advantages and disadvantages. The main advantage is that it ensures that the wicked are eliminated completely from the society. It is however disadvantageous that it has not been able to deter major crimes and few innocent people have ended up dead courtesy of the practice. However in my opinion, death sentence should be abolished as its disadvantages outweigh its advantages. The death sentence makes the warders and physicians who perform it more of murderers and they can also turn out to dangerous in the society. I would therefore recommend that the death sentence be abolished and an alternative means of punishment be put in place. Conclusion In conclusion, death sentence has been in practice for a very long time but has not completely served its purpose of eliminating crime. It however has advantages and disadvantages. It is however clear that the disadvantages outweighs the advantages as it tends to cause even more problems to those that were not involved. This includes the doctors and warders who carry out the sentence. Various religions also have different views concerning the practice but it is clear most religions do not condone it. The issue has also raised concern among various organizations and groups with most of them opposing it. It is thus evident that capital punishment is not the best form of preventing major crimes. References Schabas, W. (2002). The Abolition of the Death Penalty in International Law. Cambridge University Press. ISBN 0-521-81491-X. Amnesty International. (2009). "The Death Penalty in 2009". Retrieved on 2 April 1, 2012 from, Hogg, C. (2009). "China executions shrouded in secrecy". BBC News. Retrieved on 2 April 1, 2012 from, Dareini, A. (2008).Iranian activists fight child executions, Associated Press Kronenwetter, M. (2001). Capital Punishment: A Reference Handbook (2 ed.). ABC-CLIO. ISBN 978-1-576-07432-9. Lundin, L. (2011). Criminal Brief: Capital Punishment. Retrieved on 2 April 1, 2012 fom .   Read More