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Capital Punishment Analysis

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H.L.A Hart in his book ‘Punishment and responsibility criminal punishment and justice system (1968) the punitive measures of the punishment in the society by deterrence, by incapacitation, by rehabilitation. The guilt and innocence can figure principles for the criminal punishment. The punishment of nature involves guilt as well as suffering. The punishments are made for the wrong that vows committed. The punishment is awarded by vicarious and collative punishment the punishments as represented punishment and responsibility. The punishment carries heavy burden to justice it is a considered and intended response to wrong doers. The punishment that seeks restitution, reparation or apology from the wrong doers is the rule of law distinction between …show more content…

The historical perspective on the extreme corporal punishment is included. In his book he enlightens the readers about the socio- political, economic and legislative aspects of the issue.
S.N.Misra in his book Indian penal code (2014) explains section wise comment on the code. First of all, there is introductory part has been prefaced with a view to give the readers an idea about the meaning and elements of crime, mental element in crime, causes of crime, strict liability, vicarious liability and various landmark decisions. Various theories punishment and the history, constitutionality and justification of Capital Punishment have also been dealt with in detail. Till criminal law (amendment), 2013 all the amendments have been substituted in this …show more content…

This is in recognition that it is a violation of the right to life and the right to be free from cruel, inhuman and degrading punishment. There has, simultaneously, been pressure on countries that still retain capital punishment to ensure that they at least apply the United Nations minimum human rights safeguards established to protect the rights of those facing the death penalty. This book shows that the majority of Asian countries have been particularly resistant to the abolitionist movement and tardy in accepting their responsibility to uphold the safeguards. The essays contained in this volume provide an in-depth analysis of changes in the scope and application of the death penalty in Asia with a focus on China, India, Japan, and Singapore. They explain the extent to which these nations still fail to accept capital punishment as a human rights issue, identify impediments to reform, and explore the prospects that Asian countries will eventually embrace the goal of worldwide abolition of capital

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This process will ensure that each offender receives the proper punishment and that the community is satisfied with the decision. The offender-based models, retributive and utilitarian, does not help the victim recover. Restorative justice is designed

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283 Words | 2 Pages

In “Kill Capital Punishment” by Janine Espino a Reagan High school student argues that Capital Punishment should be abolished in all fifty states, Espino’s position is vaild. The author claims that killing another human cannot be taken back, one you murder a living individual you cannot take it back. The author argues that since manslaughter another individual in a malicious fashion is illegal so should capital punishment. Espino gives a quote by Peggy Parks in that was published in the article “Current Issues: The Death Penalty” published on 29 March.

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314 Words | 2 Pages

Sherman Alexie’s “Capital Punishment” made me feel sad when reading it. I have always believed that America can do something other than execution of criminals. Something that surprised me in this poem was when the speaker says, “but the killer doesn’t want much: baked potato, salad, tall glass of ice water” (3-4). I always thought of criminal’s last meals being extravagant. I always thought their last meal would be expensive and something they don’t have very often.

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130 Words | 1 Pages

In the article, “The Death Penalty: An Opinion Essay,” written by Hamilton Spectator, states that is the first issue that he mentions is that the justice system is never 100% right all the time. While other situations can be changed by a judge a death penalty is unchangeable. Various times of similar crimes are conferred and diverse sentences are given out. As well as depending on the criminals race the consequences valid on the judge 's opinion.

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744 Words | 3 Pages

Capital punishment has long been a heavily debated issue. In his article, “The Rescue Defence of Capital Punishment,” author Steve Aspenson make a moral argument in favor of capital punishment on the grounds that that is the only way to bring about justice and “rescue” murder victims. Aspenson argues as follows: 1. We have a general, prima facie duty to rescue victims from increasing harm. 2.

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700 Words | 3 Pages

Today in the USA 36 states still use death penalties as punishment for commiting a crime such as murder or kidnapping and torture of a victim Little did people know after committing such crime they’d experience the same torture they put there victim in . China has the highest execution league table in the world alongside

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2350 Words | 10 Pages

Since the beginning of history, the death penalty has been utilized as a means of punishment for a crime. Capital punishment has taken on multiple forms and been used as punishment wide range of crimes; from stealing to murder. Questions and theories have risen that suggest that the penal system is racially biased when considering punishment and deciding when the death penalty is a congruent punishment to the crime committed. In David Gilboa’s report entitled, “Is the Death Penalty in America Racist?” Gilboa analyzes and studies three common conceptions on the death penalty and how it pertains to the African American race and Caucasian race.

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663 Words | 3 Pages

As we know, there are many ways criminals can be punished. When sentencing happens, the defendant is usually sentenced to the following punishments, listed from minor to extreme: Fines Community service Diversion programs Probation GPS monitoring Jail Prison Death penalty (Rio Salado, 2022). Most of these punishments can be listed under either the utilitarian or retributive theory of punishment. The utilitarian theory seeks to punish offenders to 'deter' future wrongdoings.

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3520 Words | 15 Pages

Retribution is seen throughout the criminal justice apparatus as a practice put into place to combat the execution of a crime. In other words, expressing how we as a conformed society are able to evaluate the appropriate response to the completion of a crime. Additionally, throughout time we see how this ideology of retribution has taken the “eye or an eye” approach. Implying that malefactors that partake in wrongdoings should undergo punishment that conveys equality to the intensity of the committed crime.

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1068 Words | 5 Pages

Capital punishment, or better known as the death penalty, had made its first appearance with the Babylonians through “the Code of Hammurabi”, the first written set of laws and punishments in history. It has since spread worldwide and evolved to fit the customs and traditions of numerous civilizations as time progressed, which explains why some states in America today have implemented some form of Capital Punishment. Used only for the most vile offenses, Capital Punishment may seem appropriate for those who have done the unthinkable. However, it is unclear where we draw the line between whether or not one should be submitted to the death penalty based on the magnitude of the offense. The Supreme Court’s decision in Atkins v. Virginia had helped

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1041 Words | 5 Pages

Punishments for severe crimes around the world have been a subject of debate for many years. Different countries have varying views on what punishments are too extreme. The legality of certain forms of punishment is continually evolving in today's age. With the determination of constitutionality, a complex and evolving issue there are many debates around what constitutes cruel and unusual punishments. Despite ongoing controversies and discussions, punishments for serious crimes, including capital punishment, remain legal in some countries and continue to be imposed.

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1145 Words | 5 Pages

Annotated Bibliography Draft Student name : Haider Zafaryab Student number: 2360526 Thesis Statement : Capital Punishment is a very controversial topic around the globe. I believe that it does more harm than good and breeds violence in society. Source 1: Radelet, M. L., & Akers, R. L. (1996).

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1926 Words | 8 Pages

In this essay, I will discuss whether the claim that retributivists are making are right by justifying whether their assumptions about moral responsibility are well founded. A person who has committed a crime must be punished. Punishment makes sure that the offender pays their debt to the society or state. Retributivism justifies that punishment is payback for crime and its main goal is to give the offender their just deserts.

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767 Words | 4 Pages

Why death penalty must end ‘’An eye for an eye makes the whole world blind,’’ said Mahatma Gandhi. The execution of someone who has possibly done a crime is an inhuman act. Death penalty is hypocritical and flawed. If killing is wrong, why do we kill when a criminal has done the crime of killing someone? In this essay, I will write why death penalty should end by writing about the violation of human rights, execution of innocent people, the fact that it does not deter crime and money.

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1483 Words | 6 Pages

The criminal justice system is that subsystem of the national legal system which determines the circumstances in which and the procedure according to which individuals may be punished by the state for conduct that is defined as a crime. For the sake of convenience, a distinction is normally drawn between the substantive aspects of the criminal justice system and its procedural aspects. The study of criminal law generally focuses on substantive law; namely, the principles of law according to which criminal liability (guilt) is determined, whilst the law of criminal procedure, together with the law of evidence, focuses on the manner in which this is done, together with the way in which offenders and suspected offenders are to be treated by the

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