Death Penalty in the USA
Nowadays the United States of America is one of the countries that still applies death penalty. For many years, scientists express their opinions about an issue such as death penalty. The question of the death penalty remains relevant for nations. The aim of the paper is to show advantages and disadvantages of death penalty from different points of view.
Religion has always disapproved the application of execution, "Vengeance is mine, I will repay" (Old Testament), building it on the principle of retaliation, "An eye for an eye, a tooth for a tooth," but the most important commandment of Christ is - "Thou shalt not kill." However, studies conducted by sociologists have shown that fear of punishment deter crime of about 14-24% of adult citizens. This paper is devoted to the question whether it is good to have death penalties in the modern United States of America or not.
Nowadays the humanization of the penal system is taking its place, however, there are those who think that the most cruel crimes still deserve the death penalty. It is not about the punishment for the criminal as nothing will ever compensate what they have done but rather it is a warning for future generations never commit crimes. Every day the media report about the crimes committed with particular cruelty and it is impossible to mercy such criminals. Some lawyers take the position that the public has the opportunity to deprive life from person, who took away the life of another. Otherwise, it will be possible to murder suspected person referring to lynching. The situation when there is no possibility for a criminal to improve, the death penalty is a necessary measure. There are a lot of arguments for death penalty:
- The content of life is worth the money. Honest people, starving today in order to feed the killers. Their money is spent on it against their will.
- For the society it has positive notion as the criminal will never kill other people.
- If a person kills another person, he must be ready to incur penalty.
- If a person is mentally challenged, he cannot be put in jail because it will result into fatal consequences.
- If the perpetrator is aware that he may be sentenced to death, then he will probably overthink his actions.
Supporting Paragraph: Criminals are Killed Faster and Painless.
Those who support the idea of death penalty say that the death penalty is the evidence of certain costs of the society, which should blame itself for the fact that there are murderers, rapists, traitors and other dangerous criminals. All the forces of society should be directed at the prevention of crime, the creation of healthy, normal conditions in all spheres of our reality. Undoubtedly, it is absolutely ideal society that does not exist today because in any society will always be thieves, murderers, rapists, swindlers, maniacs, the smugglers that do not have any influence on the quality of life, or the general state of society, nor the circumstances, no customs, no moral quality. Naturally, it is hard to argue with, the execution is an effective tool, but is not efficient for everyone. In society there is a justifiable desire to protect themselves from this kind of criminals. In turn, the right to self-defense has every subject of mankind, therefore, it should have this right and the society of men. It is necessary to defend a person if his or her life is in danger.
Another equally strong argument which concerns medicine is why doctors are not allowed even in the case of the deadly disease to stop tortures of a dying person? After all, it seems to be the most humane action, which the doctor can take. It is evident analogy with the death penalty. After all, as a result of punishment a person can improve, radically change his or her lives, and to over think everything..
Permissibility of the use of the death penalty is stipulated in many textbooks on criminal law, for example:
The inclusion of the death penalty in a strictly limited extent, both in the number of crimes ... and in the categories of prisoners, given the current high level of crime is justified and essential.
Certainly, the death penalty does not relate to the problems correcting the offender, and serves to restore social justice and prevent the commission of crimes by convicts and other unstable individuals. Presented point of view can also find a number of followers.
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However, there are not only advantages, but also disadvantages of such kind of punishment.
Opponents of capital punishment support their position by very different reasons. One of those reasons can be identified in the Belgian magazine article. The company is responsible for its members, who have committed a crime and has no right to impose the death penalty because sometimes not only the murderer was guilty. In a sense, society is guilty, which is expressed by a change of manners, customs, and general social circumstances. Is there a possibility that in the social environment in the same family there will be the birth of different children? In such a situation it is necessary to resort to the theory of innate criminality. Each person is an individual, so he chooses his own path in life. Society gives a person to choose appropriate conditions for himself.
Another very significant negative aspect of the death penalty is the so-called presence of the executioners, in other words the legal killers. As supporters of the death penalty, their opponents lead to tangible proof of the justification of their judgments. Advocates base their opinion on the fact that to kill a convicted person is much easier, and in respect to a number of states, they are right, as if it did not look cynical.
All of the above mentioned information should answer the question whether the state has the opportunity to deprive a person from life? Beccaria has given a definite answer to this question:
The death penalty is not supported by any legal right, because the person entering into society, he did not concede the right to life. Life is not given to man by the state, but because the state has no legal right to take it away.
If there is a talk about the adoption of a single solution or irrationality of the inevitability of punishment decision it may be noted that the society would never come to a consensus. Each argument "for" or "against" has a number of different opinions, arguments, and of course controversy. To draw a conclusion about what exactly will be the best argument is the most difficult goal for the state and society, which in the end will be implemented anyway.
However, the situation is changing, as Ali Alali, an American lawyer states that “Nowadays in the United States of America the government has decided not to use death penalty.”
The right for mercy belongs to Governor of the State, and the appeal and the supervisory review of such sentences is the prerogative of the State Supreme Court and the U.S. Supreme Court. At present, the death penalty is applied in the states of Alabama, Arizona, Arkansas, Idaho, Virginia, Washington, Wyoming, Delaware, Georgia, Illinois, Indiana, California, Colorado, Connecticut, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana , Nebraska, Nevada, New Hampshire, Ohio, Oklahoma, Oregon, Pennsylvania, North Carolina, Tennessee, Texas, Florida, South Carolina, South Dakota, Utah.
In addition, the death penalty can also be imposed by the Federal government and the U.S. military tribunal. In the context of weak action of moral and religious norms, the fragility of democratic institutions and traditions, the lack of legal statehood abolition of the death penalty are unwarranted. The idea of justice, which is the basis of the modern doctrine of domestic criminal law, should be assigned as fair punishment. Therefore, the criminal law should include punishment strict enough, which is death, for the most dangerous criminals who have committed inhumane crimes.
To conclude the main advantages and disadvantages of the death penalty were distinguished in this paper. There have always been discussions about this topic, however, most of the states prefer to use death penalty. The question of the death penalty is not solved completely, however there is a tendency among lawyers to be for this kind of punishment and not against it. To my opinion, death penalty has more advantages, besides it helps to decrease the amount of felonies committed in the United States of America. Thus, I suppose, the United States of America should not cancel the using of the death penalty for the rudest crimes.
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