Capital punishment Is used as an instrument for the Judicial system to right a wrong that has been committed against society. Since the sass the laws surrounding the capital punishment issue have been refined through the judicial and legislature systems to the current use of today. The death penalty rests on strong foundation of symmetry and rightness. 11 The primary goal has evolved from one for state security to a more focused goal of doing Justice and controlling crime, 1 2 The globalization and the inequality are both factors in the controversy of the deterrence of capital enmeshment.
Cesar Bonanza did Bacteria, a philosopher in Italy, wrote “An Essay on Crime and Punishment” in 1764. 8 The concerns he stated about the use of death as a punishment are very much the same today of Judicial failures, inequality, and effect of deterrence. Bacteria’s review was translated Into several languages and very well known throughout the world in 1764 He is regarded as the most influential person in changing society’s perception of the death penalty. The controversy surrounding the use of capital punishment has been a constant since the sass.
The Issues of use are doted deep globally along with the Injustices of Inequality and the deterrence effect. Bacteria felt the judicial system had failed in interpretation of the law and making the law obscure. 8 Capital punishment has been used worldwide at some point in history. Ancient legal codes, from the Code of Hamburg in 1 750 B. C. To the Code of Theodosius In 438 A. D. , have documented the use of death as punishment-4 During the seventeenth and eighteenth centuries there were one hundred sixty crimes punishable by death in England. It was during this time that Bacteria wrote his say bringing the injustices to the forefront for the world to review. Just recently, in the rand sass’s, Western Europe took the stance that the death penalty was no longer needed In their society. Britain paved the way for abolishing the death penalty In 1 965 after several decades of legislation. 12 Since then a majority of Western Europe and North America have abolished the death penalty. The death penalty is still used In China, Australia, Singapore, and Japan, with China leading the world In executions. The need of international cooperation on such matters as defense, drug enforcement, economics, and human rights is crucial for the united States as well as the countries around the world. 7 As international organizations, such as North Atlantic Treaty, otherwise known as NATO, and the united Nations, discuss human rights the death penalty has been on the list of acceptance or not. The united States refusal to take any significant steps about the death penalty has hurt relations and prestige with other world leaders.
Allies have been alienated because the U. S. Would not sign two of the most important human rights treaties of the century due to the death penalty clause In the trestles. 7 Most European countries will not extradite suspects to the U. S. If the death penalty could be imposed. 13 A recent example of this was in 2001 when Frederick Russell was charged with vehicular homicide and assault when he hit a car killing three people and injuring three near Pullman, Washington. He was released on ball and fled to Dublin, Ireland.
In 2005 he was taken Into custody In Ireland but they would not extradite unless the death penalty was not an option. Mr.. Russell was finally extradited in 2006 and is currently serving 1 OFF SE of the death penalty the majority of the people support the use of the death penalty in the most serious of crimes. The abolishing of the death penalty in Western Europe is primarily due to the political system and not the will of the people. 13 The historical roots of the death penalty in the United States goes back to the colonial days more than 400 years ago. The first execution in America was in 1608, Captain George Kendall, for spying, and the first murderer, John Billing, was executed in 1630. 9 During the 17th and 18th century the death penalty was utilized because here were no prisons, the deterrence effect, retribution, and penitence. 10 During the sass’s-ass’s, America started to question the use of the death penalty for certain crimes. 10 In the sass’s crimes of petty offenses and witchcraft were deserving of death that was becoming under scrutiny. After the American Revolution, Thomas Jefferson proposed a bill in the U. S.
Congress limiting the death penalty to murder and treason, but was soundly defeated. The bill did start the rumblings of reform at the state level. The first revision of the death penalty was in the state of Virginia in 777, limiting it to being used for only treason and murder. 10 Further reform of the death penalty started in 1793 with degrees of murder, ending public executions, ending mandatory death penalties, humiliating methods of execution, federal appellate review, and states abolishing the death penalty. 13 The use and support of the death penalty has vacillated throughout history.
Death penalty executions fell during the sass’s and surged in the sass’s due to the increase of crime, secondary to prohibition. When prohibition ended murder rates decreased and so did the support of capital punishment. Between 1953 and 1967 the support of the death penalty fell below fifty percent. When the murder rate doubled between 1965 and 1980 support increased too high of eighty percent in 1994. 1 The U. S. Supreme Court did not get involved in the constitutionality of the death penalty until the mid sass’s. In 1972 the court heard the case of Farman vs.. Georgia and ruled that the application constituted cruel and unusual punishment. 5 Then in 1976 the court heard the case of Gregg vs.. Georgia where the U. S. Supreme Court was asked to rule on the constitutionality of the death penalty. This case ruled that the death penalty was constitutional but was arbitrarily applied and must be imposed in a more consistent and rational manner. These cases caused the states to draft new death penalty laws. 9 In 2002 and 2007 the U. S.
Supreme Court heard several cases that further limited the sentence of the death penalty. The mentally retarded and Juvenile suspects could not be sentenced to death and only homicides with aggravating circumstances could potentially receive the death penalty. 2 Today, the death penalty is used in less than one percent of all murder cases. 3 The use is applied to the worst of worst cases as in the Oklahoma City bombing where Timothy McVeigh received the death penalty. 2 The remaining 99 percent that have been convicted of murder have received the “life without parole” sentence.
This sentence has allowed the Judicial system another option for the public to feel safe knowing that the criminal cannot harm anyone again. The inequality of the death penalty system has been apparent since the sass’s and was a concern of Bacteria when he wrote his paper in 1764. The risks include race, unequal application, and ineffective presentation. 9 Reality of the death penalty is that it is shaped by the constraints of death penalty in the sass’s and ass’s brought adjustments to the sentencing of the death penalty due to race.
During 1930-1967, ninety percent of the death row inmates were black after the rulings of the Supreme Court in the sass’s the percentage dropped to forty one percent. L The most surprising finding of the unfairness of capital punishment is geography. 2 Location more than any other factor is strongly associated with the decision of seeking the death penalty. Offenders are not only sentenced inconsistently but also executed at wildly different rates and different places. L Since 1976 Just over 1000 executions had taken place in the United States with half coming from Texas, Oklahoma, and Virginia. The Jurisdictional difference is not illegal or wrong but reflects the will of the people. L The inability of the poor to obtain adequate legal assistance has been a concern. 13 Professor Erwin Chemistry, a highly regarded academic, stated ” The single largest variable that would predict whether a capital defendant would be sentenced o death is whether or not that person had a privately retained counsel or court appointed lawyer. “2 Bacteria also noted an inequality between the nobles and commoners in the sass. The most controversial topic of the death penalty is whether or not it is a deterrent factor. Much research has been done on this topic with varying opinions on the effect. It is generally accepted that when the death penalty is swiftly applied, frequently utilized, and imposed with the right amount of publicity there is a definite deterrent effect. 12 Bacteria even stated that an immediate punishment is more useful. The very structure of the criminal Justice system in the United States raises substantial obstacles to the death penalty’s deterrent factor.
There is no American criminal Justice system but rather 3,141 criminal Justice systems making the results of the deterrent factor obscure. 1 Over the last 30 years, the U. S. Has taken a “get tough” approach to crime that has increased incarceration rates by six fold while decreasing violent crime. 2 It cannot be denied that the possibility of receiving the death penalty sentence has played a part of the change, which substantiates the deterrent effect. The death penalty has persisted in the civilized world since the eighteenth century.
Bacteria summarized the need for punishment as no other than to prevent others from committing the like offense and that the degree of punishment needs to reflect the crime. 8 The ability to restore legal order, insure safety and remind people that there are consequences to actions are the basis of the usage of capital punishment. Al Ideally each death penalty state needs to have an identical approach in order to eliminate discrepancies in the treatment of capital appeal cases. L Conflicting versions of humanitarian imperatives globally have redefined the use or abolishment of the death penalty.
The concerns posed by the death penalty is whether or not a democratic political system can make decisions that both serves legitimate goals of public policy and commands the respect of fair minded people at home and abroad. L The death penalty requires complete reliable procedures that leave no question of fairness or injustice unanswered. 13 The explanation of the of worst cases that are truly deserving with the hope for an improved process of determining the proper sentencing. 2