Death penalty misc13 Essay

This essay has a total of 2356 words and 10 pages.

Death penalty misc13



DEATH PENALTY



Many people will argue that capital punishment is inappropriate as a proper means of
punishment for murder and rape. The truth is the death penalty is the most effective form
of retributive justice for those crimes. The death penalty is a fitting punishment for
violent crime because executions maximize public safety through a form of incapacitation
and deterrence.

The death penalty has been around since the days of Moses and it is still around today.
The reason for this is simply because it works. The Jews believe that the death penalty
was God-given and therefore a necessary part of their religious and judicial system. The
Jews use the death penalty to punish such grotesque offenses as bestiality and incest to
somewhat minute charges of striking, cursing, or mere disobedience to one's parents. The
methods the Jewish people use to inflict capital punishment are as varied as the crimes
for which it is used: Stoning, burning, hanging, beheading, and several more less popular
methods.

If we look at the Roman Empire we see that crucifixion was a popular mode of execution
because, not only did it get rid of the problem, it also punished the criminal with a
great deal of torture. Crucifixion is probably the most cruel way to execute someone and
therefore one of the most effective ways to deter crime. Crucifixion involved hanging a
person to a device called a cross. The person first had to carry his cross through his
hometown and to the place of his death. This further helped to deter crime since few
people want their family and friends to witness such a humiliating experience. The
criminal was then tied or nailed to the cross with his knees bent. The cross was then
lifted up and set into a hole in the ground. This force would dislocate every joint in
the body of the criminal. While the criminal hanged there, he could push himself up on a
foot pedestal so that he could breathe. Eventually the man grew tired, suffocated, and
died.

The French government wanted a much quicker, cleaner, and simpler way to carry out the
death penalty. A doctor by the name of Joseph Guillotin suggested the use of the
guillotine in 1792 and, hence, it bares his name.

The death penalty has almost always been a part of the American judicial system. Although
the methods of inflicting the death penalty have changed since America began, the need for
punishing lawbreakers has not. While the firing squad and hanging were used before the
turn of the century, more modern executions are now common. These modern methods include
the gas chamber, the electric chair, and the lethal injection. The lethal injection is
the most widely used form of execution in the United States.

Political leaders know the advantages of capital punishment are far reaching, not only for
the citizens themselves but for their moral values as well. The death penalty has been
around for a long time and it will continue to be around because it is the single greatest
crime deterrent.

All major world powers have used the death penalty as a means of controlling crime.
Israel conquered all the kingdoms of their region to become the most powerful nation in
the world around the time of Moses and up to a few hundred years before Christ. Their law
plainly states in Exodus 21:23, "And if any mischief follow, then thou shalt give life for
life." The Jews followed that law flawlessly because they knew that if they let
lawlessness go on then their government would soon fail.

Hammurabi was an Ammorite ruler who conquered Mesopotamia and set up the Babylonian
Empire. He is most famous for his code of laws, called the Code of Hammurabi. They were
carved on to an eight-foot-high slab of black stone that was set in the middle of his
capital city. Most were harsh, particularly the rule an eye for an eye and a life for a
life. It simply meant that whatever a person did to some one else that person would
receive the same treatment.

The most powerful nation for the last 150 years is inarguably the United States of
America. The United States has always used the death penalty. The only exception is the
years between 1967 and 1977 when Supreme Court decision Furman v. Georgia declared capital
punishment unconstitutional. This was a time when the people of the United States were in
a "peace" movement. Actually, they were so blinded by the use of drugs that they were
left incompetent and unable to distinguish right from wrong. Finally, in 1975, when all
the drug use and "peace" movement slowed down and people came to their senses, the Supreme
Court overruled the Furman v. Georgia hearing of 1967. This controversial 1975 case,
Gregg v. Georgia, stated that capital punishment did not violate the Constitution of the
United States of America. As of now, 37 states use capital punishment to help prevent
crime and, at one time or another, every mainland state has had the death penalty in
effect. The United States or any of these state governments show no sign of falling
apart. It could be that the death penalty helps to stabilize their justice system,
economy, and the morale of its people.

Furthermore, even the United States military enforces the death penalty. It is the best
military in the world. It has beaten the British navy, the German army, the Russian army,
and the Japanese marines, just to name the most prominent opposition. The United States
military eliminates bad soldiers as a way of strengthening the entire military. A
government that does not take care of its people soon loses its people.

Despite the facts, many people still feel that capital punishment is wrong for various
reasons. One of those reasons is that someone will be wrongfully executed. Here are
several safeguards to protect the rights of criminals facing the death penalty:

1. Capital punishment may be imposed only for a crime for which the death penalty is
prescribed by law at the time of its commission.

2. Persons below 18 years of age, pregnant women, new mothers or persons who have become
insane shall not be sentenced to death.

3. Capital punishment may be imposed only when guilt is determined by clear and
convincing evidence, leaving no room for an alternative explanation of the facts.

4. Capital punishment may be carried out only after a competent court allowing all
possible safeguards to the defendant, including adequate legal assistance renders a final
judgment.

5. Anyone sentenced to death shall receive the right to appeal to a court of higher jurisdiction.
6. Anyone sentenced to death shall have the right to seek pardon or commutation of sentenced.
7. Capital punishment shall not be carried out pending any appeal recourse procedure or
proceeding relating to pardon or commutation of the sentenced.

8. Also capital punishment shall be carried out so as to inflict the minimum possible suffering. (Laijas 2)
People say that the death penalty does not belong in a civilized society. I could not
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