ktmeng/mec huggingface dataset:
Topic: death-penalty

Whether you are a proponent of the death penalty, or an opponent, there remains to be several difficult questions to answer with regards to this controversial practice. How can one be certain the cost of the death penalty? Or the cost of life in prison? Whether it actually deters crime or not? Does race play a factor or not? Or whether we can be certain enough that someone committed a crime? The answer to these questions can go either way and it seems difficult to prove with absolute certainty any of them, but the death penalty remains to be agreed upon and disagreed upon everywhere in the world. Rasmussen reports that as of June of 2010, 62% of Americans supported the death penalty, but were unsure of its effectiveness and its ability to deter crime. The truth of the matter remains to be that we will never universally agree on any one item, especially the death penalty, but the great thinkers I have described before help us to assess the ethical perspectives that help us form a stance on the debated issue.
Topic: death-penalty

The death penalty is the ultimate punishment. There is no harsher punishment than death itself. Currently fifty-eight nations practice the death penalty. Our nation, the United States of America, is one of the fifty-eight nations that practice the death penalty. Currently the United States will only use the death penalty, if one commits first-degree murder. Individuals that believe in the death penalty believe that capital punishment will deter murderers. In this paper, I will be arguing that the death penalty does not deter criminals and that the United States should outlaw the practice.
Topic: death-penalty

During the nineteen century, the death penalty changed dramatically. Around this time the death penalty started to lose popularity. States no longer committed public executions. All executions were done in private. Pennsylvania was the first state to adopt this trend. Eventually some states abolished the death penalty all together. In current times, fourteen out of fifty states no longer carry out the death penalty. These states are Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, New Jersey, New Mexico, New York, Rhone Island, Vermont, West Virginia, and Wisconsin.
Topic: death-penalty

As of today, the United States still practices capital punishment. However there are limitations. For example, the government cannot execute the mentally handicap and is not supposed to execute juveniles. The United States currently has six ways to execute, lethal injection, electrocution, lethal gas, a firing squad and hanging. Methods will vary state by state. Although the United States still practices the death penalty, executions are declining, compare to the past, according to statistics.
Topic: death-penalty

Punishment as a deterrence has been a goal for ages. This concept does work, but it should not be applied to all criminals, in my opinion. Pro capital punishment individuals claims that it is an efficient deterrence against criminals. In the article “Death penalty is a deterrence”, the authors claims that by practicing the death penalty, violent crimes will decrease. “violent crime has declined 11 percent, with murder showing the largest decline at even more than 22 percent. We believe that this has occurred in part because of the strong signal that the death penalty sent to violent criminals and murderer. [1] These statistics taken from this article may be inaccurate and should be closely examined. There is a huge amount of conflicting evidence from similar studies done currently and in the past.
Topic: death-penalty

Retribution has also been a goal for punishment. Logically if a killer is put to death then there would be no more killings. American society seems to favor retribution. An eye for an eye has been a law for ages. In a pro death penalty article, the author believes that, “When someone takes a life, the balance of justice is disturbed. Unless that balance is restored, society succumbs to a rule of violence. Only the taking of the murderer’s life restores the balance and allows society to show convincingly that murder is an intolerable crime which will be punished in kind.” [2] This ideology has many flaws, mainly with morality issues. For example, if the country is punishing one for killing, what gives the country the right to kill?
Topic: death-penalty

Both articles’ fail to present any solid evidence that supports their thesis. “Death penalty is a deterrence” had statistical information, but fail to present how the information was obtained. Depending on the researcher’s information gathering methods, the statistical information could have been different. For example “In an article in the Ohio State Journal of Criminal Law, Dr. Jeffrey Fagan of Columbia University describes numerous serious errors in recent deterrence studies, including improper statistical analyses and missing data and variables that are necessary to give a full picture of the criminal justice system. Fagan writes, “There is no reliable, scientifically sound evidence that [shows that executions] can exert a deterrent effectâ€¦. These flaws and omissions in a body of scientific evidence render it unreliable as a basis for law or policy that generate life-and-death decisions.” [3] There needs to be solid evidence in order to prove a theory. Those who claim that the death penalty is an efficient deterrence fail to submit conclusive evidence, therefore as a critic, we should dismiss the claim that the death penalty works as deterrence.
Topic: death-penalty

In addition, many studies seem to disprove the theory that the death penalty is a good deterrence against violent crimes and murders. According to the Death Penalty Information Center, states without the death penalty have had lower murder rates. In their seventeen-year old study, states without the death penalty showed a 40% decrease in murder rates. In regards to the article “Death penalty is a deterrence”, New York has now abolished the death penalty and their murder rate has gone down significantly compared to when the state was still practicing capital punishment. In fact, in the first year that New York abolished the death penalty they saw a four percent decrease in their murder rates.
Topic: death-penalty

The death penalty as retribution no longer makes sense in our current society. By executing an offender, our government, is sending subliminal messages regarding murder. The point of capital punishment is because the United States government wants to express that killing is an intolerable crime. By killing, an offender the government is contradicting itself. In addition, the death penalty can be seen as revenge. We are simply taking an eye for an eye. Two wrongs will not make a right. Killing a murderer will not bring back the murdered. In the 21th century our criminals laws should now reflect a higher standard that an eye for an eye.
Topic: death-penalty

In current times, the death penalty can no longer be claimed as an efficient form of retribution. There are huge delays in carrying out the executions of an inmate. Statistics show that there is over an eight-year wait before an execution can take place. In fact, most death row inmates die of old age, before their execution sentence. California’s death row is a great example. Since 1976, only thirteen inmates have been executed. Currently there are around seven hundred inmates in California’s death row. If the trend continues, that would mean most of the inmates would die of natural causes before their execution sentence can be carried out.
Topic: death-penalty

Those that claim the death penalty as retribution fail to take notice of the execution process in our criminal justice system. Legally an inmate is allowed to appeal his/her case. Appealing is needed in the American criminal justice system because the process is designed to protect against human errors. An average appeal can take over ten years. There are simply not enough judges to response to all case reviews. For example, the United States Supreme court receives thousands of case reviews annually, but because there are only nine judges in the Supreme Court, only a handful of cases are reviewed. For these reasons, the death penalty cannot be claim as an efficient form of retribution.
Topic: death-penalty

Since the death penalty is no longer an affected punishment, I purposed that we abolish the practice in the United States. Throughout America’s history, many have tried to abolish the death penalty. Many were successful in temporary abolishing the death penalty, but most states reinstated the death penalty after judicial review. The most current issue regarding the abolishment of the death penalty was Baze v. Rees. Baze V. Rees, was an attack on the process of execution, specifically lethal injections. Baze argues that lethal injections is a form of cruel and unusual punishment and went against the constitution. That debate ultimately failed, since the judges ruled in favor of the death penalty. “The trial court held extensive hearings and entered detailed Findings of Fact and Conclusions of Law. It recognized that “[t]here are no methods of legal execution that are satisfactory to those who oppose the death penalty on moral, religious, or societal grounds, but concluded that the procedure “complies with the constitutional requirements against cruel and unusual punishment”. [4] Baze V. Rees was a good attempt in trying to abolish the death penalty, but ultimately was unsuccessful because they were attacking the process not the problem. In addition, Baze fail to show any solid evidence that lethal injections may cause pain.
Topic: death-penalty

In order to abolish the death penalty in the United States successfully, one would need to make a case to the United States Supreme Court. One would need to submit a writ of either certiorari, mandamus, or prohibition. In addition, one can appeal against the death penalty. If the case were selected, then one would need to argue that the death penalty is no longer a form of justice. The key to winning this case, in my opinion, is to present solid and conclusive evidence. Show the nine justices, that the death penalty is a waste of resources and unconstitutional.
Topic: death-penalty

Some may criticize that by abolishing the death penalty, crime rates will increase. Studies have already shown that the death penalty will not deter criminals. Currently there is no solid evidence that proves that the death penalty will deter criminals; however, there is evidence showing that states with no death penalty has a lower murder rate than states with the death penalty. In a recent examination, “researchers concluded that the estimates claiming that the death penalty saves numerous lives are simply not credible. In fact, researchers stated that using the same data and proper methodology could lead to the exact opposite conclusion: that is, that the death penalty actually increases the number of murders” [5] . Conclusive evidence such as the fact should dispel any criticism regarding the death penalty and murder rates.
Topic: death-penalty

The death penalty should be abolish. Those that believe in the death penalty, failed to make their case. There is no conclusive evidence that supports their claims. There is evidence however that the death penalty is failing. Executing a death row inmate is no longer an easy task. There can be long delays in the execution process. Inmates are dying before their execution sentence can be carried out. For all the reasons stated above, the United States of America should abolish the death penalty.
Topic: death-penalty

is also another common form of capital punishment. The prisoner is shaved, strapped to a chair, and fitted with electrodes attached to conductive sponges–one on the head, one on the leg–creating a direct current. The prisoner is then hooded. The executioner pulls a switch, and 2,000 volts race through the prisoner’s body as the internal body temperature approaches 140 degrees. Executions by firing squad works on strapping the victim to a chair with five sharpshooters aiming at the victim’s heart and all five pulling the trigger. There is also death by hanging. The prisoner stands on trapdoor, and a rope descends from a wooden beam overhead. The rope is fastened around the prisoner’s neck in a “Hangman’s noose,” which tightens when pulled upon. The executioner pulls a lever opening the trapdoor and dropping the prisoner, who ideally dies quickly due to a broken neck. Death by stoning is arguably the world’s oldest form of execution. The prisoner is buried either up to his waist (if male) or up to her shoulders (if female) and then pelted with stones by a crowd of volunteers until obviously battered to death. Death by beheading is probably the most humane form of punishment. The victim is restrained, usually forced to kneel, and the executioner removes the head by way of a sword or knife. Lastly, crucifixion is an ancient method of painful execution in which the condemned person is tied or nailed to a large cross (of various shapes) and left to hang until dead.
Topic: death-penalty

2.1 Capital punishment holds the criminal accountable for his/her actions. Justice requires punishing the guilty even if only some can be punished and sparing the innocent, even if all are not spared. Morally, justice must always be preferred to equality. Justice cannot ever permit sparing some guilty person, or punishing some innocent ones, for the sake of equality-because others have been spared or punished. In practice, penalties could never be applied if we insisted that they can be inflicted on only a guilty person unless we are able to make sure that they are equally applied to all other guilty persons. Anyone familiar with the law enforcement knows that punishments can be inflicted only on an unavoidable “shudder” selection of the guilty (Bedau, H., 1977). Irwin Isenberg (1977) said, when you kill a man with premeditation, you do something different than stealing from him. “I favor the death penalty as a matter of justice and human dignity even apart from deterrence. The penalty must be appropriate to the seriousness of the crime (p. 135).
Topic: death-penalty

2.2 Prevents recidivism. The death penalty protects the public from the most heinous criminals and it also protects us from psychiatrists, judges, parole boards, and celebrities who can too easily be hoodwinked by a practiced con-man determined to win his freedom in order to continue his criminal career. People on death row are unable to get out of prison and are waiting for the day they are put to death. Once they are put to death, there is absolutely no recidivism to worry about.
Topic: death-penalty

2.3 Death penalty is a deterrent to crime. If we do not know whether the death penalty will deter others, we will be confronted with two uncertainties. If we have the death penalty and achieve no deterrent effect, than, the life of convicted murderers has been expended in vain (from a deterrent point of view)-here is a net loss. If we have the death sentence, and deter future murderers, we spared the lives of future victims-(the prospective murderers gain, too; they are spared punishment because they were deterred). In this case, the death penalty is a gain, unless the convicted murderer is valued more highly than that of the unknown victim, or victims (Carrington, F., l978).
Topic: death-penalty

In Georgia in 1975, Earl Charles was convicted of murder and sentenced to death. A surviving victim of the crime erroneously identified Charles as the gunman; her testimony was supported by a jail-house informant who claimed he had heard Charles confess . Incontrovertible alibi evidence, showing that Charles was in Florida at the very time of the crime, eventually established his innocence — but not until he had spent more than three years under death sentence. His release was owing largely to his mother’s unflagging efforts.(35)
Topic: death-penalty

3.2 The high cost of the death penalty. It is sometimes suggested that abolishing capital punishment is unfair to the taxpayer, on the assumption that life imprisonment is more expensive than execution. A murder trial normally takes much longer when the death penalty is at issue than when it is not. Litigation costs – including the time of judges, prosecutors, public defenders, and court reporters, and the high costs of briefs – are mostly borne by the taxpayer.
Topic: death-penalty

3.4 Inadequate legal representation. Almost all defendants in capital cases cannot afford their own attorneys. In many cases, the appointed attorneys are overworked, underpaid, or lacking the trial experience required for death penalty cases. There have even been instances in which lawyers appointed to a death case were so inexperienced that they were completely unprepared for the sentencing phase of the trial. Other appointed attorneys have slept through parts of the trial, or arrived at the court under the influence of alcohol.
Topic: death-penalty

4.1 Life imprisonment without the possibility of parole plus restitution. The most popular alternative to the death penalty is life imprisonment without the possibility of parole plus restitution. This alternative not only costs much less than capital punishment, but also keeps the criminal in jail for the rest of his life – so he cannot return back to society. Restitution means that while the prisoner is in jail, he will be put to work – with all the money made going to the family of the victim.
Topic: death-penalty

4.2 Prison with parole. The average sentence for someone convicted of murder is twenty years. The average time spent in jail for a convicted murderer before being released is around 8.5 years. These numbers mean that most murderers do receive parole and go back into society. John DiIulio writes that even though some paroled murderers remain dangerous, “the vast majority of [them] never commit another murder or violent crime. Many have not only gone straight but have continued paying their debt to society… by making post-release restitution, manning youth and community outreach centers that work with juvenile felons, and more” (Wall Street Journal, Dec. 15, 1997).
Topic: death-penalty

4.3 Reformatories. Reformatories are used to reform criminals – working with the physical, mental, and moral issues of their inmates – instead of just punishing them as we would in jails. They put their offenders to work for society and try to turn their lives around, so they can live a normal life in society. A good use of this method would be for juveniles on death row. This alternative to the death penalty is a more practical solution, rehabilitating criminals instead of just punishing them.
Topic: death-penalty

With the increase in capital offenses, there are heated debates over the efficacy of death penalty in deterring crime and as a form of retribution justice. Consequently, scholars and legal experts have come up with contradicting perspectives and divergent theoretical constructs for examining the appropriateness of using the capital punishment for radical crimes. This paper critically examines whether death penalty should be mandatory for people who kill others and the reasons behind it. In doing this, the paper examines the positive aspects of the death penalty and summarizes the counterarguments.
Topic: death-penalty

The third argument for the death punishment is based on the cost implications. The proponents of the death penalty argue that confining criminals to prisons and rehabilitation centers involves expenditure of taxpayerââ‚¬â„¢s money. The costs of death penalty are paltry compared with the enormous expenditure of public funds and the general impact of release of such people to the societies. There are arguments that the criminals released may lead to panic and fear in the society or the recruitment of other criminals which may not be necessarily quantifiable in terms of costs, David (2006, p.50). As such, the proponents argue that the death penalty for killers is less costly than other punishments by all considerations.
Topic: death-penalty

Other scholars use the retribution theory is the basis for supporting the death penalty. Under the retribution theory, the proponents argue that fundamentally, criminals deserve punishment that is proportionate to the offense committed. The theory of proportional punishment has elicited contradicting perspectives although the fundamental basis is that retribution is a rational approach which has the potential to deter criminal tendencies. Retribution is generally a concept of justice and is different from revenge which is based on emotions of hatred. Based on the retribution approach, the murderer put on death penalty gets a deservedly punishment as reflected in the lex talionis. Why the society should be forced to keep criminals in jails and prisons paying for their foods, their shelter and security. Matters get complicated given that most victims and the general public live in in an environment of fear whenever such criminals are loose either by unlawful escape from custody or judicial release from custody. There are arguments that serial killers and murderous have escaped from custody in the past committing more crimes. The proponents of the death penalty argue that the most effective way of punishing killers is to put them on the death penalty. Similarly, proponents of the death penalty argue that criminals facing death row are given fair trial and the appeal processes is kind to convicts as opposed to the ordeals that the victims go through. The convicts have the opportunity to appeal and make last wishes; the victims have no such pleasure, David (2006, p.60).
Topic: death-penalty

On the other hand, critics argue that the death penalty is unreasonable and serves no purpose in deterring crime. Some opponents of the death penalty base their arguments on the cost implications of the death penalty. The opponents maintain that the cost of death penalty and the ensuing legal proceedings for parole far outweighs the costs of jail sentence. In addition, appeals against the death sentence involve great expense to taxpayers. However, researchers argue that the cost implications may not be limited to material cost given that this may lead to lack of security and anxiety in the society which are basically not quantifiable, Delfino & Mary (2007, p.78). The opponents of death sentence argue that the capital punishment does not deter killers. Criminologists agree that death penalty does not deter homicide behaviors. The opponents base their arguments on the comparison of murder rates in states with the death penalty and those without it. For instance the south which has over 80% of death penalty has also the highest number of murder cases. The critics hold that capital punishment only increases the tendency for criminal behavior as perpetrators kill their victims to eliminate traces of evidence. However, there is general agreement that deterrence is a vital aspect of any punishment method and as such, death penalty has the potential to deter planned murder and homicide if well packaged and implemented, Banner (2002, p.70). Other arguments against the death penalty for murderers are based on ethical and moral considerations.
Topic: death-penalty

The opponents argue that murder is cruel and an unusual punishment that is disproportionate to any crime. Based on Kantian and religious ethical perspectives, there is general conception that no one has the rights to take out the life of another irrespective of the crime. However, a critical analysis reveals that under capital offense, man is man with a universal scope. There are no rights to be violated for the criminals and hence the use of rights approach has no basis. In addition, the use of moral basis for arguing against death penalty could also be depended on fundamental perceptions within the particular society and the distinction between crime and punishment, Delfino & Mary (2007, p.72). It is therefore imperative that death penalty for murderous is not uncivilized or barbaric as some opponents claim. Some scholars argue that the proper measure of justice is certainty, swiftness and proportionality of the punishment regime. Evidently, death penalty should be enacted to serve the purpose of retribution or deterrence.
Topic: death-penalty

The proponents of death penalty base their perspectives on an array of conflicting arguments. The fundamental basis for the death punishment is to deter crime just like any other criminal punishment. Moreover, based on the retributive justice approaches, the death sentence gives a near proportionate punishment to the perpetrator. Similarly, the proponents use cost implication and social anxiety and fear in the society to argue for executions. However, the critics of the death penalty base their arguments on rights ethics, Kantian moral and ethical principles as well as the cost implications. A critical analysis reveals that the death sentence is an effective punishment that serves intended purposes of deterrence and retribution, Delfino & Mary (2007, p.70). It is therefore imperative that governments must streamline legal proceedings for death penalty to increase certainty, swiftness and proportionality of justice.
Topic: death-penalty

they have successfully pointed out the innocence in some convicts with the aid of post conviction DNA tests (Aronson & Simon, 2009). Arguments in Favor of Death Penalty On the other hand, the death penalty is considered as an eye for an eye and that all convicted killers should be executed in order to attain evenness. The most horrible felony warrants no less than the most horrible sentence, which should mean an eye for an eye. As such, the victim’s family should feel that the offender was given the most intense judgment other than just being locked up in a prison and keep enjoying their life.
Topic: death-penalty

In many unfortunate cases, the murderers have been given a life sentence without a possibility of parole, and they have managed to live for longer periods than their actual victims actually lived on earth. To make the situation worse, such inmates live a comfortable life in prison, getting three meals per day and an afternoon to practice, while the victim’s family lives a life of anguish. Denis Rader (BTK), born and raised in Wichita, Kansas, was an excellent example of a very notorious serial killer that used to bind, torture and kill his victims without any mercy (Harris, 2012).
Topic: death-penalty

In one of his dreadful attacks, he killed an 11-year old girl called Josephine Otero by hanging her from a drain pipe (Harris, 2012). Unfortunately, the murderer was given a 175 years sentence despite the fact that he killed an entire family, as well as other innocent people (Harris, 2012). Actually, it is not justified for a murderer to live while innocent people suffer death: Rader did not have the right to torture and kill his victims, so it is not justified that he was granted a right to his life.
Topic: death-penalty

In several cases, some of the most dangerous killers have only spent their life in prison. As such, is there anything, or a particular sentence that could assist in reducing the intensity of murders within the society? Several studies have indicated that the fear of death discourages people from committing various targeted crimes. Capital punishment would serve as an excellent solution since it would assist in lowering murder crimes; hence, it would serve as a perfect crime preventive solution. As such, most
Topic: death-penalty

criminals would think twice before killing their victims since they would realize the fact that their lives were at stake for any murder act. I would say that the use of the death penalty could certainly lower the incidences of violent murders since this would play a crucial part in the elimination of cruel repeat offenders. In connection, statistics show that there are approximately 20,000 murders every single year within the United States, which drastically increased from 10,000 deaths per year after the death penalty was dropped in some states (Boys, 2012).
Topic: death-penalty

The elimination of the death penalty, 1965; therefore, led to increase in the number of murders by about 10,000 people per year (Boys, 2012). With these statistics, it is evident that murderers commit more murders due to the knowledge that the worst they could get for murder is life imprisonment. This means that bringing back the death penalty would help in the reduction of brutal murders by repeat offenders. However, the death penalty should be implemented where the evidence for murder can be proved beyond any reasonable doubt so as to avoid executing innocent victims. Conclusion
Topic: death-penalty

It is evident that the arguments in favor of implementing the death penalty far much outweigh those against its implementation. I would then mention the fact that the death penalty will assist in lowering cases of malicious murders within the society, as well as serve as the best sentence when compared the affliction of the victim’s family. Hence, I conclude this essay by supporting the fact that implementation of the death penalty is justified because it assists in the reduction of malicious murders; at the same time, remains the best punishment for convicted murderers.
Topic: death-penalty

A death penalty is one of the oldest corrections familiar to mankind. Strictly speaking, it was applied even before the criminal law appears in a modern sense of the word. One of the problems worries not only lawyers but a whole society, causing a lot of discussions, disputes and debates, was and still is an issue of execution. At the moment, its relevance is also connected with the fact that now a lot of states are going to soften own legislation, abolishing the supreme penalty.
Topic: death-penalty

Opponents of capital punishment point to an imperfection of the judicial system and its frequent mistakes, an inconsistency of the indicated problem in the context of international law, financial costs, as well as doubtfulness of a preventive effect. In light of increased terrorist attacks, there was another argument like suicide bomber did not scare death. Perhaps, only organizers of the attacks themselves are not in a hurry to part with life. And for them, an execution is a quite likely outcome. However, outraged public opinion requires a fair impact on the offenders and does not want to tolerate the facts of insufficiently severe sentences or an abandonment of life by dangerous, incorrigible criminals. And no matter how incompetent, uncivilized it may be, it cannot be ignored. Otherwise, instead of verdicts, according to the law and the court, a “punitive presumption” of the population begins.
Topic: death-penalty

The most severe of all sentences: that of death. Also known as the death penalty, capital punishment is the most severe form of corporal punishment. It has been banned in many countries, in the United States, an earlier move to eliminate capital punishment has now been reversed and more and more states are resorting to capital punishment for serious offenses such as murder. An Eye for and eye, a life for a life, who has never heard of the famous Lex Talionis? The Bible mentions it, and people have been using it regularly for centuries.
Topic: death-penalty

We have a certain privilege on our own lives, but do the lives of others belong to us as well? Do we have the right to decide the kind of lives others can or cannot live? We find someone guilty of murder and sentence him to death, does that not make murderers out of ourselves? Can justice justify our acts? Those who assist in the death penalty are they not partners in crime? Is the death penalty a “Cruel and Unusual” punishment or is it now a necessary tool in the war on crime? With the increase in crime and violence in our society, how does the death penalty affect a North American family.
Topic: death-penalty

The weight of the prisoner’s body below the neck causes traction separating the spinal cord from the brain. The second most widely used technique is shooting, where a firing quad shoots the prisoner from some meters away. Another method is Guillotine, a device consisting of a heavy blade held aloft between upright guides and dropped to behead the victim below. Then there was garroting, in which a tightened iron collar is used to strangle or break the neck of a condemned person. One of the more recent is Electrocution where the prisoner is fastened to a chair by his chest, groin, arms and legs. Electrodes are placed around a band around the head, then jolts of 4-8 amperes at voltage between 500 and 2000 volts are applied at half a minute at a time.
Topic: death-penalty

The newest forms of execution are Lethal Injection where a lethal poison is injected into the prisoners arm or the Gas Chamber where the prisoner is placed in a room with Sodium Cyanide crystals and left to die. (Meltser, 1973, 21-26) There are four major issues in the capital punishment debate, the first being deterrence. A major purpose of criminal punishment is to deter future criminal conduct. The deterrence theory suggests that a rational person will avoid criminal behavior if the severity of the punishment outweigh the benefits of the illegal conduct. It is believed that fear of death deters people from committing crimes. Most criminals would think twice before committing murder if they knew their own lives was at stake.
Topic: death-penalty

That if attached to certain crimes, the penalty of death exerts a positive moral influence by placing a stigma on certain crimes like manslaughter, resulting in attitudes of disgust and horror to such acts. (McCuen, 1985, 11) Studies of the deterrent effect of the death penalty have been conducted for several years, with varying results. Most of these studies have failed to produce evidence that the death penalty deterred murders more effectively then the threat of imprisonment. The reason for this is that few people are executed and so the death penalty is not a satisfactory deterrent. If capital punishment were carried out more it would prove to be the crime deterrent it was partly intended to be. During highly publicized death penalty cases the homicide rate is found to go down but it goes back up when the case is over. (Bailey, 1994, 42)
Topic: death-penalty

When comparisons are made between states with the death penalty and states without, the majority of death penalty states show murder rates higher than non-death penalty states. The average murder rate per 100,000 population in 1996 among death penalty states was 7.1, the average murder rate among non-death penalty states was only 3.6. A look at neighboring death penalty and non-death penalty states show similar trends. Death penalty states usually have a higher murder rate than their neighboring non- death penalty states. (Death Penalty Information Center) The second issue in the capital punishment debate is retribution. The need for society to express sufficient condemnation for heinous murders. Supporters of the death penalty contend that the only proper response to the most vile murders is the most sever punishment possible.
Topic: death-penalty

Therefore, society should literally interpret the “eye for an eye” principle when an individual takes a life, society’s moral balance will remain upset until the killer’s life is also taken. (Block, 1983, 112) Although death penalty opponents disagree society should be able to express its outrage with a vile crime by inflicting capital punishment. They suggest that they are showing outrage for taking a life by talking the life of another. (Bedau, 1982, 88) Use of the death penalty as intended by law could actually reduce the number of violent murders by eliminating some of the repeat offenders thus being used as a system of justice, not just a method of deterrence.
Topic: death-penalty

Modern supporters of capital punishment no longer view the death penalty as a deterrent, but just as a punishment for the crime, one source said, “…in recent years the appeal of deterrence has been supplanted by a frank desire for what large majorities see as just vengeance.” (Bailey, 1994, 55) The third major issue is arbitrariness determined by or arising from whim or impulse rather than judgment or reason. “From the days of slavery in which black people were considered property, through the years of lynching and Jim Crow laws, capital punishment has always been deeply affected by race. Unfortunately, the days of racial bias in the death penalty are not a remnant of the past.” (NAACP Legal Defense and Education Fund)
Topic: death-penalty

Fairness requires that people who break the same law under similar circumstances should meet with the same punishment, however the justice system is not consistent. Statistics show that a black man who kills a white person is 11 times more likely to receive the death penalty than a white man who kills a black person. And blacks who kill blacks have even less to worry about. It’s almost like we kind of say, “Oh, well, he needed killing anyhow.” (NAACP Legal Defense and Education Fund) The fourth debate is the danger of mistake. In the past, there were many people wrongfully executed for crimes that they did not commit all in the name of justice. It has happened that after the execution of the alleged guilty party, the real murderer confessed to elevate his guilty conscience.
Topic: death-penalty

“No matter how careful courts are, the possibility of perjured testimony, mistaken honest testimony, and human error remain all too real. We have no way of judging how many innocent persons have been executed, but we can be certain there were some.” –J. Marshall (Bailey, 1994, 38) The unique thing about the death penalty is that it is final and irreversible. Since 1970, 77 people have been released from death row with evidence of their innocence. Researchers Radelet & Bedau found 23 cases since 1900 where innocent people were executed, and the numbers are growing.
Topic: death-penalty

With stories of people like Rolando Cruz, released after 10 years on Illinois’s death row, despite the fact that another man had confessed to the crime shortly after his conviction; and Ricardo Aldape Guerra, who returned to Mexico after 15 years on Texas’s death row because of a prosecution that a federal judge called outrageous and designed to simply achieve another notch on the prosecutor’s guns. (Death Penalty Information Center) There are safeguards guaranteeing protection of those facing the death penalty. These safeguards are : The defendant can not be insane, and the man’s real or criminal intent must be present.
Topic: death-penalty

Also, minors very rarely receive the death penalty because they are not fully mature and might not know the consequences of their actions. Finally the mentally retarded are very seldom executed. The reason for not executing the retarded is that they often have difficulty defending themselves in court, have problems remembering details, locating witnesses, and testifying credibly on their own behalf. These safeguards are to try to insure that justice will be served without having it suffer. (Bailey, 1994, 147) It costs up to three times the amount to keep a prisoner on death row than it would be to keep them in prison for the rest of their lives.
Topic: death-penalty

The expense comes from the long drawn out appeals process that we are giving our criminals, and the court appointed attorneys that the poor are receiving. (Death Penalty Information Center) The death penalty costs the state of North Carolina 2.6 million per execution while it costs the whole nation [United States] 700 million since 1976. And it’s the same everywhere, Florida spent an estimated $57 million on the death penalty from 1973 to 1988 to achieve 18 executions – that is an average of $3.2 million per execution. (Miami Herald, July 10, 1988). In Texas, a death penalty case costs an average of $2.3 million, about three times the cost of imprisoning someone in a single cell at the highest security level for 40 years.
Topic: death-penalty

However it is also a form of insurance that the criminal will never commit another crime again. (Death Penalty Information Center) In the Hebrew Scriptures (Old Testament) the death penalty was required for a wide range of offenses, both civil and religious. In the following passages from the King James Version of the Bible, Jehovah required the state to execute a person for murder: Genesis 9:6 states: Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of God made he man. If sufficient proof were provided that a person had committed a crime, the state imposed the death penalty on the guilty person(s). They were either stoned to death, impaled or burned alive. Witnesses who testified at the trial would often participate in the killing.
Topic: death-penalty

To their credit, the courts of ancient Israel required very high levels of proof of criminality before they would order the death penalty (Horwitz, 1973, 36) Of course, a person may think it is immoral to kill someone no matter what they have done. When I say it is retributive justice to take the life in turn for the taking of another life, it could be argued that a criminal is not able to learn a lesson since he dies as an immediate result of the punishment. How can this be called punishment if no lesson is taught? In my opinion, the only way for justice to be served is to have the criminal pay with their life, “ an eye for an eye.”
Topic: death-penalty

Many people believe that capital punishment does not belong in a civilized society. I believe it is needed because we do not live in a civilized society, if we did there would be no crime. We live in a day and age where killing happens everyday, and many get away with it. Those who do get caught, don’t stay in a jail cell for the rest of their live. If we could rig our streets of murderers, it could mean a safer place for everyone. Men and women could feel safer jogging or doing errands at night. Single women could feel safer in their homes. Children could feel safe playing in their yards. No executed murderer has ever killed again.
Topic: death-penalty

The Death Penalty in America 256-63 (H. Bedau ed., 3d ed. 1982) E. Van den Haag, Punishment as a Device for Controlling the Crime Rate, 33 Rutgers L, Rev. 706, 719 (1981) H. Gross, A Theory of Criminal Justice 489 (1979) Ehrlich & Gibbons, On the Measurement of the Deterrent Effect of Capital Punishment and the Theory of Deterrence, 6 J. Legal Stud. 35 (1977). Bedau & Radelet, Miscarriages of Justice in Potentially Capital Cases (1st draft, Oct. 1985) E. Van der Haag, Punishing Criminals 196-206 (1975). C.F. Phllips, The Deterrent Effect of Capital Punishment: New Evidence on an Old Controversy, 86 Am. J. Soc. 139 (1980). Baumgart, R. A. & McCuen, Gary E. Reviving the Death Penalty. Madison, WI: Gary McCuen, 1985: 22. Electrocution.” Academic American Encyclopedia. Vol. 7. New York: Grolier, 1993: 113. Clark, Lesley. “Florida execution of 350-pound inmate turns bloody.” Miami Herald. 10 July 1988.
Topic: death-penalty

But six yearsafter it has reimposed the death penalty, the Philippines has overtaken its Asian neighbors and hasthe most number of death convicts.Within less than a year, however, the military establishment was lobbying for its reimposition as ameans to combat the “intensifying” offensives of the CPP/NPA guerrillas. Gen. Fidel V. Ramos, thenChief of the Armed Forces of the Philippines and later elected President of the Philippines in 1992,was among those who were strongly calling for the reintroduction of the death penalty againstrebellion, murder and drug trafficking.
Topic: death-penalty

Last February 5, 1999, Leo Echegaray, a house painter, was executed for repeatedly raping hisstepdaughter. He was the first convict to be executed since the re-imposition of death penalty in1995.His execution sparked once again a heated debate between the anti and the pro-death penaltyforces in the Philippines with a huge majority of people calling for the execution of Echegaray. Thatthere was a strong clamor for the imposition of the death penalty should be viewed from the pointof view of a citizen who is desperately seeking ways to stop criminality.The Estrada administration peddled the death penalty as the antidote to crime. The reasoning wasthat if the criminals will be afraid to commit crimes if they see that the government is determinedto execute them. Oppositors maintained that the death penalty is not a deterrent and that therehave been studies already debunking the deterrence theory. Legislators and politicians refused toheed the recommendation of the Supreme Court for Congress to review the death penalty riding onthe popularity of the pro-death penalty sentiment Six years after its reimposition, more than 1,200 individuals have been sentenced to death andseven convicts have been executed through lethal injection.
Topic: death-penalty

Yet today, there are no signs thatcriminality has gone down.From February 6, 1999, a day after Leo Echegaray was executed, to May 31 1999 two leadingnewspapers reported a total of 163 crimes which could be punishable by death penalty. But perhapsthe best indicator that this law is not a deterrent to criminality is the ever-increasing number ofdeath convicts.From 1994 to 1995 the number of persons on death row increased from 12 to 104. From 1995 to1996 it increased to 182. In 1997 the total death convicts was at 520 and in 1998 the inmates indeath row was at 781. As of November 1999 there are a total of 956 death convicts at the NationalBilibid Prisons and at the Correctional Institute for Women.As of December 31, 1999, based on the statistics compiled by the Episcopal Commission on PrisonerWelfare of the Catholic Bishops Conference of the Philippines, there were a total of 936 convictsinterned at the National Bilibid Prisons and another 23 detained at the Correctional Institute forWomen. Of these figures, six are minors and 12 are foreigners.
Topic: death-penalty

One of the reasons as to why human rights groups oppose the death penalty is because of theweaknesses and imperfections of the Philippine justice system. This is very much evident in thereview of death penalty cases made by the Supreme Court from 1995 to 1999. Two out of everythree death sentences handed down by the local courts were found to be erroneous by the SupremeCourt.Out of the 959 inmates the SC reviewed 175 cases involving 200 inmates from 1995 to 1999; 3cases were reviewed in 1995, 8 in 1996, 8 in 1997, 38 in 1998, 118 in 1999.Of these 175 cases, the SC affirmed with finality and first affirmation only 31% or 54 casesinvolving 60 inmates. Of these cases 24 were affirmed with finality, while the remaining 36 weregiven first affirmation.Sixty nine percent (69%) or 121 cases were either modified, acquitted or remanded for retrial.Eighty four (84) cases involving 95 inmates were modified to reclusion perpetua, 10 cases involving11 inmates were modified to indeterminate penalty, 11 cases involving 11 inmates were remanded tolower court for retrial and 16 cases involving 23 inmates were acquitted by the SC..
Topic: death-penalty

In a study prepared by the Free Legal Assistance Group (FLAG), it pointed out that the result ofthe review of cases done by the Supreme Court “point all too clearly to the imperfections,weaknesses and problems of the Philippine justice system”. Some decisions of the trial courts wereoverturned for imposing death penalty on offenses which were not subject to death penalty. Otherdecisions of the lower courts were set aside because of substantive and procedural errors duringarraignment and trial. Still others were struck down because the lower court mis-appreciatedevidences.In a survey conducted among 425 convicts in 1998, 105 or 24.7% were agricultural workers, 103were construction workers, 73 were transport workers, and 42 were in workers in sales andservices. Only 6% finished college while 32.4 % finished various levels of high school while theremaining did not go to school or have finished only elementary or vocational education It is perhaps important to point out that out of these 46 crimes punishable by death, the deathpenalty has been applied to only 17 crimes.