The Debate About The Death Penalty Law And Society Essay

1556 words - 7 pages

Emma Landis
Law and Society
May 7, 2017
Rough Justice
In some ways, I have found that the discussion about the death penalty is somewhat like Hamlet yet without the ghost character. We survey the facts of the death penalty but without uncovering exactly what a capital crime is actually like and how the victims of these violations have been brutalized. Our legal system has a procedure set up for hearing the general population’s voices. A jury of twelve people are chosen for their ability to assess the facts and reviews all evidence when a case comes in place. This incorporates whatever evidence a defendant chooses to present to the judge and jury, before deciding whether or not the defendant has committed an aggravated capital murder. If so, the next choice is if the death penalty is appropriate. No capital punishment is ever enforced unless the jury chooses that a definitive punishment is justified by the facts of that specific case. Today, Congress and the majority of state legislatures have approved the utilization of capital punishment for aggravated murders. A Gallup poll in October 2007 found that 69 percent of Americans are in favor of the death penalty while only 27 percent oppose it. (Gallup News Service) Capital punishment is securely grounded in numerous traditional reasons for punishment, a fact that may clarify why capital punishment abolitionists have gained so little ground in challenging it head on.
The most straightforward argument for capital punishment is that is spares innocent lives by keeping sentenced killers from murdering once more. Around 52,000 state jail detainees serving time for murder, an estimated 819 had already been convicted of murder and killed 821 people after those convictions. (Memorandum) Executing each of these prisoners after the main murder conviction would have saved the lives of more than 800 people. American capital punishment reacts to a variety of concerns- including not only incapacitation, but also the possibility of restoration, rehabilitation, and mercy. The death penalty’s incapacitated advantage originates from keeping the individual killers who are captured and executed from murdering once more. This effect is the thing that criminologists allude to as specific deterrence. Evidence for capital punishment’s deterrence effect comes from sources like rationale, direct reports, and science research. Rationale underpins the conclusion that capital punishment is the most effective deterrent from a few specific murders: those that require reflection and thinking ahead by people of sensible insight and intellectual capacities. Deterrence applies to aggravated homicides no less than other crimes. As the Supreme Court observed in Gregg vs. Georgia: “There are carefully contemplated murders, such as the murder for hire, where the possible penalty of death may well enter into the cold calculus that precedes the decision to act.” (Gregg. Vs. Georgia) As the Supreme Court suggests, the death penalty applies...

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