Capital Punishment

GCSE Religious Studies (Philosophy & Ethics)

Capital Punishment

Running head: CAPITAL PUNISHMENT

Capital Punishment

Ernesto Galvan

University of Texas at Brownsville

Abstract

Capital Punishment is a very controversial issue. There are many different reasons why as a society we have a system of punishment. Every decision that we make in life has some sort of consequence. One of the biggest questions is whether or not capital punishment should continue to be a way of punishment in our judicial system. There are so many factors that need to be taken into account, psychological and sociological problems. But at the same time one has to remember that people have committed crimes in order to have been sentenced to death. There needs to be some sort of middle ground that needs to met so that punishments remain objective so that it does not become an issue of God vs. the government.

In all aspects of life there is a cause and effect chain reaction to everything that we choose to do. Everything that we do has some sort of consequence, whether it be positive or negative. If an individual chooses to break the law, they will suffer some sort of punishment. Punishment in modern day society can be looked at in many ways; it’s a very controversial issue. Punishment in our judicial system varies by the state we live in, the crime that was committed, age and gender of the offender. Our government is not as primitive as it used to be, capital punishment is no longer practiced in every state. Only a small number of states continue to use capital punishment as a penalty of a crime.

In order to understand why we still have capital punishment in today’s society we first have to understand why we have any sort of punishment, and what kinds or punishments there are. According to Macionis, there are four main reasons that are used to justify the fact we use punishment in our societies. The first and oldest reason to justify punishment is retribution, which holds the moral balance within our communities. This represents the old saying “an eye for an eye”. In the middle ages this concept of moral balance was very strong. Committing any sort of crime was like going against God, therefore going against society as well (Macionis, 2003, p.154). In today’s society we try to separate our government and judicial system separate from religious influence.

The second reason is deterrence, hoping that punishment will encourage the offender to stop committing any sort of crime. There are two types of deterrence, one is specific deterrence, which means that the individual will see the error of their ways and realize that life of crime is no life to live. The second being general deterrence, which means that others will see the consequences of crime and choose not to run that path ( 2003, p.154). These days, we mostly see this with juveniles. A young adolescent who gets in trouble may be sent to a detention center may ...

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The third reason for punishment is rehabilitation; it’s believed that everyone has the ability to change if they are given the proper resources at their disposal. Depending on the crime, offenders might be mandated to take some rehabilitation courses. Rehabilitation encourages the concept that individuals can conform and reform, thus learning to improve themselves ( 2003, p.154). This form of punishment is one of the most positive approaches that we have, but probably not as effective as others.

The fourth reason that we use to justify our use of punishment is societal protection, which means that the offender remains in prison or is given the death penalty (2003, p.155). One way that this is done is by the “3 strikes and your out” sentencing method (Anonymous, 2004, p.1). In some states after you have committed three crimes you will be put in prison. This would be one of the less harsh forms of this type of punishment, for the offender would have had many chances to conform themselves. The graver side of the scale would be capital punishment. Through this societal protection we are able weed out the bad seeds and make our society that much safer.

One form of this societal protection is capital punishment, and it’s definitely the most controversial. In 2003 there were 65 inmates executed in the United States, that was only six fewer than the year before (Bureau of Justice Statistics, 2004, p.1), of these 65 inmates 53 were white and 18 were black ( 2004 p.2). 33 of the 65 inmates were executed in Texas alone, there was 7 in Oklahoma, 6 in Missouri, 4 each in Georgia and Virginia, 3 each in Florida, South Carolina, and Ohio; 2 each in Alabama, Mississippi, and North Carolina; and 1 each in Louisiana and California (2004, p.2). Now the question remains, is capital punishment necessary in our society today and is it cruel and unusual punishment.

More than half of Americans are in favor of the death penalty, 59% in fact (Sims, 2004, p.273). Most of the people that were in favor of the death penalty were white, republican, and tended to be in the higher income brackets, and lived in the western part of the United States. Those who were members of a minority, families with lower incomes, females, Democrats tended to vote against death penalty. Most conservatives are for capital punishment and most liberals are against it. The opinions of capital punishment of juveniles have changed, as the years past the more acceptable it has become ( 2004, p.274). Nowadays, the crimes that some of these juveniles commit are truly appalling, and the only suitable punishment would be to treat them as adults.

Even locally we have had some first hand experience with criminals being sent to death row. There always seems to be one case in particular that seems to come to mind every time that capital punishment is mentioned. And that would be the recent and infamous case of the three children that were decapitated. The young man, Rubio, which was accused and convicted of the murders was sentenced to death. In a case like this it’s hard to decipher whether or not this punishment was just or not. On the Brownsville Herald website there was an editorial that talked about what kind of role that God plays and the punishments of various crimes ( Brownsville Herald, 2004, p.1). For most of us who live here, we are catholic and capital punishment goes against everything that we have learned from the New Testament. As Catholics we believe that they only one who can judge us is God, how do we have the right to decide the fact of someone’s death. But on the other hand, how would be maintain any sense of security in our neighborhoods if we were to let all of the people who have committed crimes run free ( 2004, p.1).

Anytime that capital punishment comes about, it’s really hard to say whether it’s right or wrong. In one sense, who are we to judge anyone for any mistakes that they have made, no one is perfect, and perhaps people have the ability to and can reform. But on the other hand, some people really do some appalling things, and it might feel like the only way to do right by the victims would be to take the life of the offenders. But the there’s all these other factors that need to be taken account for. There are all sorts of psychological predispositions that some individuals are more prone to. Those who suffer from an antisocial disorder are more likely to be criminals than others. There are sociological factors that need to be looked at. People who grow up in South Central, Los Angeles might only know violence, therefore being a product of their environment, and may not know any better. In one sense, we should be trying to understand the individuals who committed crimes that we can learn and perhaps prevent others from making their mistakes. If we could learn to recognize warning signs we could intervene and save them. Perhaps we should be learning from these criminals not sentencing them to death.

But on the other hand, how would society be if we were to leave all of the criminals to run free. Society would be absolute chaos because there wouldn’t be any type of real consequence to anything that we did. Then the crime rate would sky rocket in no time. You think about crimes that are committed against children and you can’t help but to feel like the only just thing to do would be to take the life of the offender. In times like those how do we really know that it’s wrong. Regardless of any predisposition adults have a concept to what right and wrong is, so there really shouldn’t be excuse as to why they should not be held accountable for the choices that they make.

There is no right or wrong answer on the issue of capital punishment, for whatever reason it has been working for our country for quite some time now. It shouldn’t be an issue solely God or the government. It should be decided on an individual level depending on the person and the crime that they have chosen to commit. The only ones who have any business passing judgment are the judge and the jury.