Death Penalty | Get Homework Help

Capital punishment has both principled and moral contemplations in contending for or against the policy. Nonetheless, as a government initiative, the program exemplifies the government strategies across and within state boundaries. Presently, the United States remains the only nation amongst the western nations that practice death penalty policy. Generally, Britain mentored the United States towards the application of the death penalty compared to other nations. To illustrate more regarding the death penalty, one should consider the origin, application in numerous states and its effect on the United States citizens. The paper seeks to assess the individual or communal elements that may be involved in ascertaining the moral position, articulating and evaluating the ethical points using Kantian ethics.

Personal or communal factors that might be involved in determining the moral position of either side of the debate.

The discussion on the capital punishment is a sensitive topic. Most of the individual aspects that could be involved in defining the moral point include the connection with the imprisoned. As an egoist partake in, every element would be founded on individual interests. If an individual has a close family member or friend being imprisoned of assassination, there is a high chance that such an individual could be against the capital punishment.  Ethical egoist is in regards to individual interests and not the societal position. The additional aspect is one’s individual morals. If is certain of what is correct, he or she may take a stand that is founded on ethics and not individual interests. The communal aspects in this instance comprise of the culture and customs of the people. In most cultures, if an individual assassinate individual, the precise sentence involves execution of the perpetrator.  If an individual is brought up in this type of cultural aspect, he or she can be considered to be in support of Capital Punishment.

Articulating and evaluating the ethical points using Kantian ethics

The Kantian theory illustrates that the right or wrongful aspect of an action is not dependent on the outcomes but are founded on whether they satisfy the ethical obligations (Baron, 2018).  When choosing sides on capital punishment, there exists several opinions on why the pronouncement is true or incorrect. Based on the Kantian theory of categorical necessities, it is immoral to execute an individual. As a result, this means that it does not count whether one is sentenced for murder or not. On the other hand, if it is considered wrongful to assassinate, then there is no justification of executing an individual that may have been convicted a sentenced of the similar case. Kant’s morals are not in-support of capital punishment as it is against the obligation of respecting other persons’ right to life.

Annotated Bibliography

De Muniz, P. J. (2019). Deterrence and Retribution Are Not Served by Oregon’s Death Penalty. Willamette L. Rev.56, 29.

The article evaluates capital punishment and its effects on crime.  The author articulates that the US still execute capital delinquents through diverse means, for instance, lethal injections, gas changers, and through hanging. The article delves into several causes attributed to the increased use of capital punishment. According to the De Muniz (2019), crime prevention is one of the fundamental aims of practicing capital punishment in most societies. It is claimed that killing an individual found guilty of murdering helps in deterring crime.  Nonetheless, the article states that no scientific evidence exists to illustrate that capital punishment aids in reducing the rate of crime.  Vengeance is another aim of using capital punishment. The writer has, nonetheless, contended that the capital punishment is uncommon and harsh and should not be permitted to occur in the contemporary society. I concur with the article as it provides a deeper insight on various reasons why several states within the republic continue to conduct executions.

Garrett, B. L., Jakubow, A., & Desai, A. (2017). The American death penalty decline. The Journal of Criminal Law and Criminology (1973-)107(4), 561-642.

The article by Garret et al (2017) assesses the declining statistics on capital punishment.  The writer documents the existence of a steady drop in the amount of state-sanctioned death punishments. One of the causes illustrated by the writer entails the progress of human rights. According to Garret et al (2017), approximately 1% of criminals convicted to death had been hanged. The author articulates the existence of previous instances whereby innocent individuals have been executed. The death penalty is unpleasant, as it does not offer sufficient period for the perpetrator to prove innocent. The article contends that the death punishment should not be acceptable. However, life incarceration should be integrated. I contend with the article as it offers statistical proof on capital punishment and the causes of the declining cases.

Kort-Butler, L. A., & Ray, C. M. (2019). Public support for the death penalty in a red state: The distrustful, the angry, and the unsure. Punishment & Society21(4), 473-495.

Kort-Butler and Ray (2019) evaluate the public backing for capital punishment in red states. The article provides information on how politics is fundamental in the discussion regarding capital punishment. According to the Kort-Butler and Ray (2019), most states backing capital punishment have for an extended duration been under Republican leadership. The backing for capital punishment is also considered a race subject. Most of the sentenced individuals originate from marginalized races, particularly African Americans. The article similarly illustrates that a majority that support capital punishment are individuals that utter more anger regarding crime. I concur with the article as it provides facts on why it has been challenging to revoke capital punishment. The discussion has become political and as a result, it has turn out to be challenging to have a constructive discussion.

Pineo, S. (2019). Controversy and the Death Penalty. Across the Bridge: The Merrimack Undergraduate Research Journal1(1), 5.

Based on the article, Pineo (2019) assesses the arguments that surround capital punishment in the US. As capital punishment is legalized in several states in the nation, the article illustrates how capital penalty contravenes the constitution that assures the right to life. The writer contends that there are no situations that capital punishment may be justifiable in the eighth constitution amendment.  Through moral interpretation, the author articulates that the statute assures the right to life, and as a result, any try to validate the death punishment is failing to distinguish the intentions of the founding father.  The article examines other constitutional articles whereby the right is assured. The author, therefore states that God gives life and the government has no right to end. The article contends that capital punishment involves violating the14th amendment that indicates that no state can amend laws that will abridge the citizens’ privileges. I approve the articles contents as it clarifies the capital punishment issue and the need to safeguard the life’s sanctity. This article is useful based on the debate as it provides facts on what form of punishment should be administered to capital delinquents.

Sethuraju, R., Sole, J., & Oliver, B. E. (2016). Understanding death penalty support and opposition among criminal justice and law enforcement students. SAGE Open6(1), 2158244015624952.

The article by Sethuraju et al (2016) provides an insight on two elements of the debate based on capital punishment.  The article articulates that capital punishment is one of the most contentious issues within the republic. The authors indicate that approximately 36 states in the republic and the District of Columbia whereby the death verdict continues to be implemented.  The article identifies that several Supreme Court verdicts that have altered how the death ruling is conducted. According to the Sethuraju et al (2016), Gregg v. Georgia lawsuit altered who was suitable for the death verdict. The writers states that capital punishment proponents base their cases on deterrence and vengeance. The article similarly into several reasons why capital punishment should be eradicated in the republic. According to Sethuraju et al (2016), capital punishment has been enforced on marginalized groups, for instance, blacks and Hispanics that are unable to cater for legal representation. The article similarly assists the reader comprehend the storm regarding capital punishment.

 

 

References

Baron, M. W. (2018). Kantian ethics almost without apology. Cornell University Press.

De Muniz, P. J. (2019). Deterrence and Retribution Are Not Served by Oregon’s Death Penalty. Willamette L. Rev.56, 29.

Garrett, B. L., Jakubow, A., & Desai, A. (2017). The American death penalty decline. The Journal of Criminal Law and Criminology (1973-)107(4), 561-642.

Kort-Butler, L. A., & Ray, C. M. (2019). Public support for the death penalty in a red state: The distrustful, the angry, and the unsure. Punishment & Society21(4), 473-495.

Pineo, S. (2019). Controversy and the Death Penalty. Across the Bridge: The Merrimack Undergraduate Research Journal1(1), 5.

Sethuraju, R., Sole, J., & Oliver, B. E. (2016). Understanding death penalty support and opposition among criminal justice and law enforcement students. SAGE Open6(1), 2158244015624952.

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