• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Is the uncertainty about the deterrent effects of capital punishment an important factor to consider and is this adequately addressed by the theories you have chosen?

Extracts from this document...

Introduction

Punishment 2007 (Take home exam) Can capital punishment be justified? Outline a response to this question based upon at least two philosophical theories outlined by Cavadino and Dignan or in your lecture notes. Is the uncertainty about the deterrent effects of capital punishment an important factor to consider and is this adequately addressed by the theories you have chosen? Murder is the unlawful killing of another human being with an intentional or criminal intent as defined in section 18 of the Crimes Act 1900 (Austlii 2007: Crimes Act 1900). In modern society, atrocious crimes are being committed daily and many believe that those who commit them deserve one fate: death. Capital punishment, the death penalty, is the maximum sentence used in punishing people who kill another human being - and is a very controversial method of punishment. Australia has signed the Second Optional Protocol to the International Covenant on Civil and Political Rights, which commits Australia to the eradication of the death penalty (Barry 1968). Furthermore, the Death Penalty Abolition Act (1973) of the Commonwealth provides the legislative foundation for its obliteration, with Section 4 stating 'A person is not liable to the punishment of death for any offence'. ...read more.

Middle

Is long term penal incarceration not deterrent enough? Some would argue absolutely no, with the suggestion that some offenders welcome prison, seeing it as a refuge from the outside wide (Cavadino et al 1992). On the other hand some would argue that capital punishment is too ruthless and a disregard to humanity. Overall both 'retribution' and 'reductivism' theories do have valid points and evidence to suggest it is justifiable to use capital punishment, but there is also challenging evidence that advocates that it is not right, nor justified to use capital punishment (Honderich 1984). How were the welfare-penal institutions that were applied to Aboriginal people different from the strategies of penal welfare applied to others? There has been a definite distinction of inequality amid the Australian Indigenous people and the white European Australian's, which dates back to 1788 when the British declared settlement (). This ill treatment of Aboriginal people inflicted by white Australia has been constant and existent throughout history and many aspects of Australian society. For example The Royal Commission into Aboriginal Deaths in Custody reported a discovery that not only was their high deaths of Aboriginal people in custody, but rather that they were simply incarcerated at much higher rates (Hogg, 2001). ...read more.

Conclusion

REFERENCE Austlii (2007) 'Death Penalty Abolition Act 1973, Section 4' Commonwealth Consolidated Acts. Available from: http://www.austlii.edu.au/au/legis/cth/consol_act/dpaa1973228/s4.html (Viewed online 15 November) Austlii (2007) 'Crimes Act 1900, Section 18' New South Wales Consolidated Acts. Available from http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s18.html (Viewed online 15 November) Barry J. (1968) The penalty is death: capital punishment in the twentieth century, retentionist and abolitionist arguments with special reference to Australia. Sun Books in association with the Anti-Hanging Council of Victoria. Melbourne. Black C. (1974) Capital punishment, the inevitability of caprice and mistake. Norton. New York. Cavadino, M and Dignan, J. (1992). The Penal System. An Introduction 'Justifying Punishment' Chan, J and Oxley, D (2004)' The deterrent effect of capital punishment: A review of the research evidence'. Crime and Justice Bulletin. Contemporary Issues in Crime and Justice. Number 84 NSW Bureau of Crime Statistics Garland D (1981) 'The birth of the welfare sanction', British Journal of Law and Society 8(1) 29-45 (Reader) Honderich T. (1984) Punishment, The Supposed Justifications. Harmondsworth: Penguin. London. Hogg, R (2001) Penality and modes of regulating indigenous peoples in Australia, Punishment and Society 3,3 355-379 (Reader) Shubow, J (2006) Blind Justice, First Things. [Online]. The journal of religion, culture and public life. Available from: http://www.firstthings.com/article.php3?id_article=5421 (Viewed online 15 November, 2007) ?? ?? ?? ?? Page 1 of 5 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Criminology section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Criminology essays

  1. Literature Review - Male Rape.

    assault, he says it is due to a phenomenon called 'misattribution of arousal', the body only knows that

  2. Early on in Discipline and Punish, Foucault makes the argument that discipline and punishment ...

    They were being obedient without thinking about it- a change had occurred in both their psyche and soul, and they were not even aware of it. Although the example of the factory workers may, on the surface, appear to be one that only targets the body, this is not the case upon closer inspection.

  1. Rape. This project will introduce rape as a crime using common definition, statistics ...

    What causes rape? There are many explanations to this question and they can be grouped into few categories: evolutionary - biological factors, male socialization, psychological abnormality, social learning and sexual motivation (Siegel, 2009). Evolutionary - biological explanation focuses on the male sexual drive and suggests that rape is instinctual, developed over the ages

  2. Critically examine the suggestion that punishment today is as much about risk management as ...

    argues that it is clear that population management is not directed towards white collar criminals or the policing of managing directors. Actuarial justice and risk management is a way of legitimately recognising the poor communities as a group who are a risk to order and safety. Douglas (1994, p.

  1. Imprisonment should only be used as a last resort due to its long-term negative ...

    there are portions of excellent work from within the prison service, in addressing drug addictions and treatment programs that are more accessible within prisons than communities. Yet, predominately prisoners problems anti-incarceration still exist post-incarceration and it is not clear whether these changes were caused due to prison or despite of it (Cole, 2005).

  2. Describe the legislation that promotes the protection of children.

    key professionals to work together to promote the well-being of the child. The existing child protection system is centred on the Childrens Act 1989 this places a duty on councils with Social Services Responsibilities to promote and safeguard the children in need in their area it contains the following principals

  1. Perceptions of wrongful convictions amongst Americans working in the criminal justice system.

    172 Table 7 Perceptions of Five Types of Police Error ------------------------------ P. 173 Table 8 Percentages ? Additive Scale Variable ?Police Error? ---------------- P. 174 Table 9 Significance Levels ? Additive Scale Variable ?Police Error? ------- P. 175 Table 10 Percentages ? Police ID Procedures Contribute to Misidentification - P.

  2. Ed Gein: The Butcher of Plainfield. Since being convicted of his crimes, Ed ...

    But as time went on, and especially after their father had passed away, Henry became more critical of the living conditions that he was a part of. Henry began to resent his mother's overbearing and religiously fanatical worldview. He was also concerned of the unnatural attachment that Ed had to Augusta.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work