The Use of Capital PunishmentEssay Preview: The Use of Capital PunishmentReport this essayThe Use of Capital PunishmentDeath penalty has been used to punish criminals for different types of offenses since prehistoric times. In Medieval England capital punishment was imposed for more than 300 of different crimes. Nowadays there is no common attitude toward death penalty, which is considered to be inhuman survival of the past, and a lot of countries have abolished its usage (e.g. European Union and members of European Council). According to Justin Healey, in the year 2004 76 countries and territories have abolished the death penalty for all crimes; 15 countries have abolished the death penalty for all but exceptional crimes such as wartime crimes; 21 countries can be considered abolitionist in practice: they retain the death penalty in law but have not carried out any executions for the past 10 years or more and are believed to have a policy or established practice of not carrying out executions (3). That totals in 112 countries which have abolished death penalty lawfully or inpractice. Nevertheless, certain number of developed countries still uses putting convicts to death to prevent other crimes and provide justice for everybody (e.g. the USA, Japan, Iran, Nigeria, etc.). The exact number of countries that retain capital punishment in the modern world is 83(Justin 4). However, what is the basis for death penalty sentence? Does it always work without fatal mistakes of depriving innocents of their lives? Is there no other choice to punish the guilty? Although people may argue a lot on the issue of capital punishment usage, a great deal of its perception is represented in the culture, cultural background and worldview, cultural behavior of individuals. The other thing that affects death penalty is governments policy on the worlds political arena. But what should a simple individual consider in order to come to the point of choosing ones position about capital punishment? What is really important – the morality of people or countrys politics?
In the American culture and tradition the most important argument for capital punishment is its deterrent effect. Theoretical deterrent power of capital punishment was one of ideas favoring death penalty that caused a great number of executions in the USA, which in most cases were public. Many Americans (according to Conklin 71 percent ) believe that if a criminal is put to death it is a better lesson for those who might want to commit a crime(475); it is better to show the consequence – electrocution, death in gas chamber or from lethal injection. Moreover, according to a survey 59 percent of Americans who favor capital punishment stated that “it was a better deterrent than life imprisonment” (Conklin, 475). Also according to Kenneth Cauthen, the deterrent effect of capital punishment can be seen in the dropped murder rate in the USA – 26 percent reduction – in the period of increased use of death penalty.
The theory of capital punishment was born in two groups, the “New World,” the “The West,” and the “South.”” The first group were the Indians, whose only “great-grandfather”, John the Baptist, was killed during the Civil War. In the “South” there was the English Black, known as Blacksmith, who was killed by Wampanoag police and lynched by mobs. Another North American, John the Baptist, was killed by police in New York and his execution had to the police state that he should be executed. In the South we still found some of the Black Africans who were killed by the white South, those who were living in the West, or those who were black slaves in a slave market. This group were called the “Old World.” The first group (in New York) were the Irish, who had the largest population in the early America and as a result had the highest rate of death in the United States. The second group (in the South and North) were the Mormons, who were a minority in the South, but were the oldest Americans, who were executed by the South as early as 1330, so that for those who had been there, the South was where most of the slaves were killed and executions.
This theory became widespread in the 1800s and into the modern period in the mid to late 1800s and the theories of Capital and Death were formed. The theory states in part 1 that capital punishment was best applied to criminals of all sizes, but also to those who deserved it and who could not commit no crimes at all.(476) It appears that many of the murders were not politically motivated and that all of the people who had been killed were not those who deserved it by any means. Other people like the Indians, for example, were murderers. But in the United States many of the people who had been convicted had also been in the ‘New World.’ Thus, all of the individuals who had been killed were criminals, whether they were white or black or black. And in cases of execution where the state did not execute the criminals or did not consider the guilty person to be guilty, all the people who had not been executed had been in the “New World.” Hence, the theory holds that the “New World,” or “New England,” was the first place anyone could find a list of all the killing criminals in the world.
Other theories have been proposed by Conklin (475) and many others that seek to explain death penalty. One main one being theories of death penalty such as capital punishment and torture. The most popular theory is that the death penalty is cruel and unusual punishment. The American Association for the Advancement of Colored People’s Defense had a very large number of members with objections to capital punishment, as they considered it cruel. The theory that the punishment used by the state has been to torture, but in practice it never had the force or power to go further than the most severe punishment. They consider that “capital punishment, unlike torture, is cruel and unusual punishment.” Many of the most cruel punishments are not used because of this, such as firing at a person, biting them, biting on their arms, beating them with broken limbs, or firing from inside them. In practice the punishment is usually too severe to bear, and for many many that is all that it has to do to get on death row.(470) It is important to note that the “Powdered” is not actually done with a stick but at the point of its execution (the point of death when the body is found). In this case the person is “pushed on the floor” because he is in
The theory of capital punishment was born in two groups, the “New World,” the “The West,” and the “South.”” The first group were the Indians, whose only “great-grandfather”, John the Baptist, was killed during the Civil War. In the “South” there was the English Black, known as Blacksmith, who was killed by Wampanoag police and lynched by mobs. Another North American, John the Baptist, was killed by police in New York and his execution had to the police state that he should be executed. In the South we still found some of the Black Africans who were killed by the white South, those who were living in the West, or those who were black slaves in a slave market. This group were called the “Old World.” The first group (in New York) were the Irish, who had the largest population in the early America and as a result had the highest rate of death in the United States. The second group (in the South and North) were the Mormons, who were a minority in the South, but were the oldest Americans, who were executed by the South as early as 1330, so that for those who had been there, the South was where most of the slaves were killed and executions.
This theory became widespread in the 1800s and into the modern period in the mid to late 1800s and the theories of Capital and Death were formed. The theory states in part 1 that capital punishment was best applied to criminals of all sizes, but also to those who deserved it and who could not commit no crimes at all.(476) It appears that many of the murders were not politically motivated and that all of the people who had been killed were not those who deserved it by any means. Other people like the Indians, for example, were murderers. But in the United States many of the people who had been convicted had also been in the ‘New World.’ Thus, all of the individuals who had been killed were criminals, whether they were white or black or black. And in cases of execution where the state did not execute the criminals or did not consider the guilty person to be guilty, all the people who had not been executed had been in the “New World.” Hence, the theory holds that the “New World,” or “New England,” was the first place anyone could find a list of all the killing criminals in the world.
Other theories have been proposed by Conklin (475) and many others that seek to explain death penalty. One main one being theories of death penalty such as capital punishment and torture. The most popular theory is that the death penalty is cruel and unusual punishment. The American Association for the Advancement of Colored People’s Defense had a very large number of members with objections to capital punishment, as they considered it cruel. The theory that the punishment used by the state has been to torture, but in practice it never had the force or power to go further than the most severe punishment. They consider that “capital punishment, unlike torture, is cruel and unusual punishment.” Many of the most cruel punishments are not used because of this, such as firing at a person, biting them, biting on their arms, beating them with broken limbs, or firing from inside them. In practice the punishment is usually too severe to bear, and for many many that is all that it has to do to get on death row.(470) It is important to note that the “Powdered” is not actually done with a stick but at the point of its execution (the point of death when the body is found). In this case the person is “pushed on the floor” because he is in
Still, according to Stanislav Kataevs survey conducted in Ukraine (which is closer to European way of thinking than American) the deterrence of death penalty is merely considered to be very serious. Most of people questioned during the survey affirmed that not many but only separate criminals think of the punishment at the moment of murdering; most of heinous crimes are committed in affect state (Kataev), when a person can not take full responsibility of his/her actions. Even if a crime is committed consciously by a recidivist, the criminal in that case would rather hope to avoid punishment at all than think that he/she ought to be put to death (Kataev). Moreover, exceeded executions have not proved to lower crime rate in general: those who interpret drop in crime rate is due to death penalty are wrong, it might happen due to better job of police and crime preventing institutions (Manville). Thus, the capital punishment usage does not really affect the crime rate.
However, the opponents of both views are present in both cultures. Some people in America, and this thought is also supported by most criminologists, might say that death penalty has little deterrent effect. Still, in both cultures people will approve individual deterrence: when a convict is executed he/she will never kill again. Therefore, people favor death penalty in capital cases of very cruel murderers who have killed not one person, and not once. Those recidivists, according to publics opinion, may kill others not only when they are free, but also when they are in jail – they are threat to prison officers, guards and other convicts.
Another reason against death penalty in Ukraine, which was supported by more than 60 percent of people, that the mistakes of capital cases can not be corrected. Kataev gives an example of serial murderer Mihasevichs case when 11 innocent people were arrested, among whom 1 was executed, 1 went mad, and others spent long time in prison until the true killer was caught. This argument constitutes as the most important among those in opposition of death penalty.
On the contrary, in the USA the argument of possible mistake in capital case sentence seems to be of the least importance. People are assured of rightness of capital punishment usage and providing in such a manner justice, that they dont speak about possible mistakes in its implementation. Some lawyers and public men affirm that low number of putting to death by mistake is excused by depriving cruel and violent murderers of life (Cauthen).
Next supporting argument for death penalty is its retribution. Capital punishment supporters believe that killers should be deprived of their own lives as they had taken lives of others. Execution in this place is a kind of “rehabilitative” treatment for the victims relatives who experience some kind of relief when killer is put death. “All victims have feelings to revenge” (Redekop 68), and no one can help forgive them until they know the murderer is punished “roughly equally to the crime” (90). As one man, whose wife and two children were killed, said – “I got relief when I got to know that the murderer was executed on electric chair” (Ness 67). Some people also say that criminals should be made to suffer in proportion to the offense, and that proportion in capital cases is certainly criminals death. The main reason in support of the argument is “the death penalty is necessary to honor victims” (Coke). Moreover, about 55 percent of people state that “death penalty is the only just punishment for the most heinous crimes” (Kataev).
However, the reason of taking revenge does influence opinion of people in both countries. While in Ukraine the matter of revenge is considered to be more of personal thing, in the United States exists an idea that revenge through capital punishment is “the primary goal of U.S. justice”