Capital Punishment ____ Justice - Is the Criminal Justice System Fair - Essay Example

01 July Capital punishment_ Justice- Is the criminal justice system fair? Question Capital Punishment Capitalpunishment does not serve as deterrence in the in the criminal justice system. It has existed in the society’s history but cases of crimes that attract it as punishment continue to arise, identifying inefficiency and ineffectiveness of the penalty as a deterrence. Factors such as limited sentencing with capital punishment in cases that require it, and delay in execution and failure to execute explain the failure to deter crimes (Mandery 475).

Capital punishment is a violation of the eighth amendment because the amendment is not explicit on the punishment. The amendment is also not clear on what is cruel and unnecessary and courts previous application of the punishment justifies its constitutionality (Mandery 153).Life without parole is however more humane and pragmatic because it punishes crimes and preserves human dignity. Question 2: Inability of the America’s criminal justice system to ensure effective deterrence in its judgments and implementation of the judgments explains the high rates of crime and incarcerations that the nation reports.

Legal provisions for freedoms, based on the nation’s democratic system, are a barrier to ideas sentences that could deter reoccurrence. Based on the freedom, the criminal justice faces challenges of proving cases and this leads to lesser sentences that could motivate engagement in crimes and increase number of incarcerations and rights of accused cause this. The American criminal justice system cannot concurrently provide to criminal justice, victims, and the society. Its focus on individual’s rights, which in most cases contravene rights of victims and the society’s morality, is the reason.

The system particularly assumes that a suspect is innocent until proven guilty and this could offer threat to victims who remain vulnerable to the suspect until guilt is proved. Consequently, the system is biased to protecting criminal defendants that victims and the society (Yates 1).Works citedMandery, Evan. Capital punishment in America: A balanced examination. Sudbury, MA: Jones & Bartlett Publishers, 2011. Print. Yates, Judith. “Is the criminal justice system fair?” Corrections. October 12, 2012. Web. July 1, 2014.

< http://www.corrections.com/news/article/31442-is-the-criminal-justice-system-fair->.