ABSTRACT
Capital punishment is the most serious sentence that can be assigned to any criminal offender. Capital punishment, or the death penalty, is one of the most controversial, social, ethical and legal topics of debate in the modern era. Many American states allow the death penalty and others do not. There are many people who are opposed to the death penalty claiming it is morally, ethically questionable and unjust. At the same time, there are many who fully support the death penalty, at least in the severest of cases; like murder. That said, finding common ground between the two antithetical sides is difficult and do not see eye-to-eye. That being said the debates and arguments are likely to continue for some time to come.
INTRODUCTION
Capital punishment, or more commonly known as the death penalty, is by today’s standards the most severe and permanent punishment that any offender can be sentenced to. Capital punishment is supported by legislation and policies in a number of American states and even more common in other locales around the world. That being said the death penalty is generally only handed to a convicted offender in the case of the most serious and heinous of crimes, which is usually considered to be acts of murder. The taking of a life in death penalty states, in many cases, make you eligible for death penalty considerations. Capital punishment has been and remains a controversial issue in the modern era. There are many who feel that the death penalty is unethical, immoral and unacceptable, no matter what the crime the offender has committed. However, there are others whose are entirely antithetical to that view. They feel that capital punishment has a place and purpose in modern society. The debate continues and the efforts to find common ground and compromise also continue; it is the public perspective on capital punishment can be seen in how the different policies regarding death penalty may be quite different from state to state. After reviewing the available information it becomes clear that the two sides both make strong argument and resolution at the public level and at the government level will never be an easy feat.
BACKGROUND
The death penalty has existed since the beginnings of human civilization. It fact, it was a very common sentence to be handed down throughout the ancient civilizations for any number of possible crimes. Many of these crimes may have been simple theft and in some cases others had been executed for less (Marcus, 2007). Of course in the modern era the death penalty is not handed out so frivolously and is reserved for certain severe crimes, usually murder, but at the federal level can include any acts of treason against the United States. There is not just a consideration as to whether one received a death penalty sentence, but there are also attributes that require it to be determined by what means the sentenced will die. There are currently five ways that a convicted offender can be executed which include the rarest, like hanging and firing squad, but also the more common electrocution, gas chamber and lethal injection (Warden, 2009).
DISCUSSION
In the late 1960s and into the early 1970s, there was a number of law suits filed in multiple states that the death penalty was unjust and was being handed out in some questionable cases (Civil Rights Monitor, 2016). Some of these suits were successful, others were not. However, this drew the attention of the Supreme Court. After review a number of death penalty cases from many states, changing death penalty sentences to life imprisonment for 100s of death penalty inmates. By the mid-1970s several states had already developed new capital punishment legislation that presented in couple of ways (Weatherby, Cangany & et. al., 2012). Firstly they established a process of judge and jurors who would review cases to determine if they warranted the death penalty. Secondly these states developed mandatory sentencing of death for certain crime, particularly, of course, murder.
There are a number of major considerations and restrictions of the death penalty that has evolved throughout the years in the states that allow it. Most states today have policies that disallowing children under the age of 18 to be executed, in most cases, even if they are tried as adult offenders. There are also issue of competency and understanding of crime and consequences that must be considered before any offender can be sentenced so severely. For example, people with serious mental illness are more likely to be sentenced to a hospital confinement instead of traditional prisons. Similarly people with mental disabilities are generally exempt from capital punishment, because they may lack the adult mental ability to understand right and wrong as other offenders without disability (Weatherby, Cangany & et. al., 2012). Even with all of the state by state variations intended to create a “happy medium” on the topic, there will always be both support and opposition that feel that argue the capital punishment issue.
We have heard sayings like “all life is precious.” This is the basis of much of the opposition’s arguments; which means that taking the life of another is equally wrong, whether it is a victim or an offender. They also believe that with counseling, therapy and job training they can be rehabilitated and become productive members of society upon release. Those that oppose the death penalty argue that life sentences in and correctional facility is more than sufficient to punish an offender and protect the public for such dangerous offenders. There are a number of reasons that they argue this position (Weatherby, Cangany & et. al., 2012). They claim that capital punishment is too much like revenge, it is morally bankrupt and ethically unjust. If someone takes a life we agree that it is wrong, therefore to take the offender’s life is no less wrong, not even when justified by the law. They argue that there is no real means by which to take a life that would not conform to the idea of ‘cruel and unusual punishments;” the modern means are still painful and neither are quick nor easy. Finally, their strongest argument regards the possibility of executing a convicted offender who was in fact innocent (Warden, 2009).
Those who support capital punishment look at a bit differently. Of course no one wants an innocent man to be sentenced, let alone executed, for a crime they did not commit. However, in the modern era the certainty of guilt is much more accurate than at any other time before. DNA, advanced crime scene analysis and other forms of modern technology can be extremely beneficial in making certain that those convicted to death, truly are the ones that deserve to face the death penalty. The moral argument is a bit harder to debate, because people’s individual moral guides may differ. To take a life in revenge is discouraged to many people spiritual philosophies and beliefs (Warden, 2009).With all due respect, as a free country, no one groups needs or feelings cannot be placed over others, even when they are to the contrary. If one does not want to live where the death penalty is allowed might benefit from moving to another state where it is not. Cruel and unusual punishment is also a varied concept and keep in mind those who receive the death penalty had no concern for their victims pain and well-being (Weatherby, Cangany & et. al., 2012). That being said, many feel when you chose to commit a crime one is also choosing the potential consequences. Many supporters of capital punishment argue that the death penalty may not discourage petty criminals but it may be highly beneficial in discouraging offenders from crossing the line into murder, for example.
There is also another point of contention that tends to spark a great deal of debate. Today more than ever law enforcement and psychological evaluation are paramount, especially in death penalty cases. Again, one must be considered sane and competent to face a death penalty sentence (Weatherby, Cangany & et. al., 2012). There are, however, some types of offenders that exist in the world today who some of the concepts of incarceration and rehabilitation do not apply. Certain offenders, generally, referred to as sociopaths and psychopaths. Such individuals are renowned for being cold, calculating and convincing liars. These people are often sadists that derive pleasure from the pain and torment that cause others. What is most disturbing is that these individuals are completely incapable of feeling empathy or sympathy, nor do they have the faculties to feel remorse or regret for the heinous crimes they commit. These offenders would happily kill someone else if given the opportunity. When these psychopaths become serial killers the brutality and viciousness of such crimes make them ideal candidates for the death penalty. Opposition to the death penalty would argue that such offenders are no less valuable and can be just as easily be given a life sentence (Warden, 2009). The problem with that, capital punishment supporters argue, is that if they were ever to break out of prison they would pose an immediate threat to the public. The national government must make rather utilitarian decisions when it comes to such things. If the greater good of society is met by eliminating such individuals then so be it.
CONCLUSION
At the end of the day, it is clear that capital punishment is not only a significant legal consideration, it has also, become a controversial social issue as well. At present capital punishment is still allowed in some states, but not all American states. That being said it is likely to be a debated topic and a point of contention in social, political and legal circles for a long time to come. Both sides make strong arguments, but as yet there is little common ground being found. Capital punishment is a serious sentence that is assigned to the most serious of crimes. These people have killed others and would likely do it again, either out of desire or desperation. Many might argue sparing them is best, but can anyone say the country would be better off if they had not executed serial offenders, like John Wayne Gacy, who was executed decades ago for the sexual abuses, assault and murder of multiple male youths, most of which he buried under his house. That being said the debate on this issue is not where near a genuine resolution.
REFERENCES
Marcus, P. (2007). Capital punishment in the united states, and beyond. College of William and
Mary Law School. 837-874.
Warden, R. (2009). Reflections on capital punishment. Northwestern Journal of Law & Social
Policy. 4(2). 329-361.
Weatherby, G.A., Cangacy, P. and et. al. (2012). Public opinion's affect on capital punishment in
the united states. Journal of Criminology and Criminal Justice Research &B Education. 3(1). 1-14.
The Civil Rights Monitor. (2016). The supreme court. The Civil Rights Monitor. 12(2). 1.
Retrieved July 1, 2016, from http://www.civilrights.org/monitor/vol12_no2/art5p1.html.
