An analysis of capital punishment as means of retribution

As a nation, as a society, I believe that it demeans us. The death penalty does this in a permanent and irrevocable way. The value of retribution cannot be cheapened by using it to compensate for inadequacies of the justice system.

Allah is specifically addressed An analysis of capital punishment as means of retribution the Lord of Retribution in a selection that discusses those who reject belief in him.


In — bce, the Law of Twelve Tables was drafted by a committee of Roman judges. And as the evidence shows, from time to time, mistakes are made. As Christians, we judge him. But even inmates in prisons where conditions are sanitary must still face the numbing boredom and emptiness of prison life—a vast desert of wasted days in which little in the way of meaningful activity is possible.

Many of those who criticize retribution argue that the philosophy is outdated. Proportionality[ edit ] Proportionality requires that the level of punishment be related to the severity of the offending behaviour. In the eyes of God, I do not believe that one life is more sacred than another life.

Although those initiatives have been successful with juveniles and in certain types of cases, retribution is still employed in serious cases. In the District of Columbia jail, for example, inmates must wash their clothes and sheets in cell toilets because the laundry machines are broken.

By the time of the Norman conquest inAnglo-Saxon justice had been successfully restored to a system that typically involved payment of a wergild or wergeld to compensate victims or their families for the harms they suffered.

And Islam, the fastest growing major religion in the U.

Retributive justice

And one life cannot be more sacred than another life? By sentencing offenders for the culpability they possessed or appeared to possess and then allowing victims to sue for whatever damages were fitting, the justice system was able to create a consistent schema.

Others note that punishing criminals just because they have acted inappropriately does not address any underlying issues that may have led to the crimes in the first place. Principles[ edit ] According to the Stanford Encyclopedia of Philosophyretributive justice is committed to three principles: The life or lives that have been taken with premeditation cannot be replaced; by the same token, we as a society cannot honor those lives, cannot reverence them, simply by putting a person away for the rest of their natural life.

Retributive punishment removes that advantage and tries to restore balance to society by validating how individuals ought to act in society. In some respects, punished individuals undergo a restricted form of rehabilitation. This will be the first federal execution, an execution on behalf of all Americans, in almost 40 years.

Criminal justice There are many possible reasons that might be given to justify or explain why someone ought to be punished; here follows a broad outline of typical, possibly conflicting, justifications. Whether retribution alone — revenge — is sufficient justification for the death penalty.

No other punishment philosophy gives so much importance to actus reus a guilty act and mens rea a guilty state of mind. Jesus, of course, then turns that around.

True deterrence doctrine, according to the utilitarian philosophy of Jeremy Benthamallows for the punishment of innocent individuals if doing so would serve a valuable societal function e. The McVeigh case, however, may have less to do with deterrence than with retribution and it raises a stark question: Retribution and the death penalty Historically, most felonies were punishable by death, so increasingly cruel methods of execution had to be developed in order to punish those crimes that were considered to be the most serious violations of social norms.


A rough sense of justice demanded that a criminal should be punished with the infliction of proportionate loss and pain as he inflicted on his victim.

However, judges have limited discretion to consider mitigating factorsleading to greater penalties under certain circumstances. Because punishment must be deserved and follow culpable actions, it is inappropriate to deny individuals the consequences of their actions.

This is sometimes called the "Expressive Theory" of denunciation. Today, we have a special report on the capital punishment debate among people of faith. Wergilds were paid to the victims or their families, and more serious injuries meant paying a higher wergild.

These criminologists therefore argue that lack of deterring effect of increasing the sentences for already severely punished crimes say nothing about the significance of the existence of punishment as a deterring factor. The collapse of the Roman Empire led to a reassertion of private justice in the 5th century ce.

These criminologists argue that the use of statistics to gauge the efficiency of crime fighting methods are a danger of creating a reward hack that makes the least efficient criminal justice systems appear to be best at fighting crime, and that the appearance of deterrance being ineffective may be an example of this.

Retributionists are also likely to be offended by racial or other disparities in the imposition of the death penalty, as the uniform application of retributive punishment is central to the philosophy.Capital Punishment: Retribution or Justice? be healed through the retribution of capital punishment or by vengeance.” serving the media and the public with analysis and information on.

A critical analysis reveals that the death sentence is an effective punishment that serves intended purposes of deterrence and retribution, Delfino & Mary (, p). It is therefore imperative that governments must streamline legal proceedings for death penalty to increase certainty, swiftness and proportionality of justice.

CRITICAL ANALYSIS OF THEORIES OF PUNISHMENT before the Royal Commission on ‘Capital Punishment’ expressed the following view: “The punishment inflicted for grave crimes should adequately reflect the non alios means punishment belongs to the guilty, and not others.

It punishes. An Analysis of Capital Punishment as Means of Retribution PAGES 2. WORDS View Full Essay. More essays like this: analysis of capital punishment, retribution capital punishment, richard worsnop. Not sure what I'd do without @Kibin - Alfredo Alvarez, student @ Miami University.

Exactly what I needed. are being treated as a means to an end. If a criminal is punished too little or not at all, perhaps of capital punishment. In a Gallup poll, 48% of respondents cited retribution as the basis retributive argument for the death penalty has considerable appeal.

Murderers have committed. Retribution and capital punishment: Toward a better understanding of death penalty opinion. Author links open overlay panel Robert M In a second version (the seemingly acceptable one according to the Supreme Court and some scholars of punishment philosophy), "retribution" means that the criminal pays back for the harm he or she has.

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An analysis of capital punishment as means of retribution
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