The theme of the death penalty has always occupied a special place in the public consciousness. It is believed that the death penalty is not only a tool of criminal policy, but is also a socio-cultural phenomenon. Some researchers believe that the attitude towards the capital punishment serves as an indicator of the prevailing morals and mentalities; it is a measure of how it is imbued with the ideas of justice, humanity and civilization. To this day, due to the deep global processes of integration and globalization, the legal status of the capital punishment cannot remain static.
Background Information and the History of the Controversy
Fundamental rights are recognized in the laws of most states. However, on the way to the absolute recognition of the right to life, the prohibition of the death penalty is still in question in a large number of countries. In the world, the top five countries with the most executions are Iraq, Iran, Saudi Arabia, China and the United States. The United States is the only democratic country where the capital punishment is still allowed.
The first legal recognition of the right to life was mentioned in the Declaration of Independence in 1776. It is believed that the truths are evident: all men are created equal with certain unalienable rights, and that the right to life is among these rights. The United States Constitution does not contain a standard allocation title or chapter on human rights and freedoms. The right to life enshrined in Amendment V: “no one should be deprived of life.” The right to life as a pivotal constitutional right recognized by the Constitution of the United States, but at the same time the death penalty is still not abolished in the 34 states of the country. For example, the Constitution of the State of California in Article 1, section 27 states: “The death penalty provided for under those statutes shall not be deemed to be, or to constitute, the infliction of cruel or unusual punishments within the meaning of Article 1, Section 6 nor shall such punishment for such offenses be deemed to contravene any other provision of this constitution.”
Why Some Researchers Support Capital Punishment and Why Others Oppose It?
Needless to say, the debate regarding the capital punishment has always been a subject of heated discussions. While some politicians believe that the death penalty is a reasonable punishment for severe crimes, some believe that under no circumstances should a person lose the right to life.
The main reason to the controversy is the American criminal law itself. The law does not contain a proper definition of punishment. The concept of penalties in the American law doctrine has not been developed; therefore, the system of penalties in the United States can speak very tentatively.
Some researchers identify the following types of punishment: the death penalty, imprisonment, probation and a fine. The question still stands: why the United States is leading the democratic world in the capital punishment?
Arguments of the Supporters
We cannot say that the attitude towards the death penalty in the United States is unambiguous. Although the majority of the population of America is for the use of the death penalty, yet in recent years the number of imposed capital punishments is visibly small. Some states, such as Illinois, abolished the death penalty in 2011. However, Illinois had a moratorium on the death penalty in action, and only in January 2011 the governor Pat Quinn signed a law banning finally execute people.
On the other hand, the Illinois’ example caused even more controversy in other states. Richard Dieter, for instance, is vey concerned about how the attitude towards the death penalty has evolved over the years. He noted that in recent years the number of cases of the death penalty in the United States decreased, as the jury is often offered an alternative of life imprisonment without the possibility of parole. Dieter explains this may mean the miscarriage of justice. He highlights that many opponents of the death penalty misinterpret its meaning of justice and safety. Moreover, the statistics shows that 65% of the United States citizens have voted for the death penalty.
American legal system of punishments is based on the doctrine that the punishments shall always be proportionate to the committed crime. Murder and particularly grave crimes should, no doubt, be punished with death. Psychiatrists believe that only the fear of an imminent death can stop the perpetrator: the death penalty is a great social control of crime. Offenders gain a sense of fear prior to committing crimes, and law-abiding citizens become sure of their safety.
Richard Dieter’s theory is based on the American experience with respect to the imposition of capital in the conclusion stated that the change in the current system of the United States is difficult, not because it takes a long time, but because the abolition of the death penalty will not make it better.
The statistics shows that less than half of the US states have abolished the death penalty. The first was the abolition of the death penalty in 1846 in Michigan. After the abolition of the death penalty in 1853 in Wisconsin, the next state to abolish the death penalty was the State of Maine in 1887. After a 24-year hiatus, Minnesota abolished the death penalty in 1911, and further followed by the biggest break of 37 years, in 1948, the State of Hawaii.
In some states, the capital punishment is completely absent, in others though allowed in the legislation, but de facto are not practiced and in the remaining states are actively enforced.
Another reason why death penalty is a good form of punishment is that it saves a lot of money that is otherwise spent on the maintenance of criminals with life sentences. It is unfair to spend gigantic amounts of money on murderers or maniacs.
Lastly, the struggle against evil is a necessity that separates the innocent and the murderers. The death penalty in the United States is used only in cases where there is no other option. In these cases the jury has to decide: the lives of the innocent or the life of someone who may not even deserve it.
Conclusion
The debate regarding the status of the capital punishment in the United States will undoubtedly be the center of attention for the next 100 years at least. While there are plenty of supporters of this punishment in the United States, the rest of the western world has removed this part in their criminal laws long ago. It is hard to give a definite answer whether the death penalty is a necessary form of punishment, but it is also extremely hard to prove otherwise. So far, the history taught us that the death penalty is not a number one option for a punishment in the United States and that it is practiced in the most difficult criminal cases. Of course, there is a frightening percentage of the executions that were wrongful, but still there are cases in which the death penalty can seem the only acceptable punishment for a crime.
Bibliography
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