Nathanson continues to argue against capital punishment by arguing not only against the equal punishment principle but also the proportional retributivism view. While Nathanson believes proportional retributivism plays an important role our determination of appropriate punishment for criminals, it does not, however, apply nor aide arguments in favor of the death
In the case that there is sufficient evidence of guilt as well as coconspirators, torture may be allowed but none that is inhumane. Document B: The Massachusetts Body of Liberties allows torture in the case that somebody is deemed guilty by clear evidence. In the Laws of Connecticut Colony, no torture is allowed whatsoever. Document C: Mather advises judges to continue the regular American method of obtaining confessions and to abstain from torture, for confusion is more likely to get a confession than torture. Document D: Henry warns that Congress will attempt to extort confession by practicing torture.
Foucault argues, that the function of punishment is not to deter crime, rather it is to illustrate the power of the state. In 1700s executions were common public spectacles where torture was used to humiliate and inflict pain and suffering. In contemporary society, Foucault argues new forms of punishment are used, such as discipline based surveillance. The purpose of the technique is used to gain similar ends, by managing and controlling offenders in a more humane
However, the severity of punishments and the methods used by the law were beneficial and practical and they helped to reduce the amount of crime in England. The article “Crime and Punishment in the Elizabethan Era” expresses that crime was an issue in Elizabethan England, and a threat to the stability of society. To maintain order the penalties for committing minor crimes were generally punished with some form of public humiliation. For major crimes including thievery, murder, and treason those convicted were put to death. The sheer ruthlessness of the punishments discourage any sort of crime as they will scare the citizens into never breaking the law in fear of the consequences.
In medieval times, torture was used to punish criminals, deter crime, and gather information. There were many different types of tortures, most of which were brutal and painful. At the time, torture was deemed necessary to maintain order. Laws were harsh and torture was severe, but effective form of punishment. Despite its effectiveness, torture was often an unfair and extremely cruel punishment, and should have been eliminated in all forms.
As such, American colonists carried the practice of flogging with them to the New World. Mutilation was another know alternative, which involved a strategy of specific deterrence that made it difficult or impossible for individuals to commit future crimes. Throughout history, various
To me, the arguments made by Beccaria, Howard, and Diderot against the mistreatment of absolutely anyone offered a new concept toward the perspective of conservative members of society to the marginalized population they condemned and exploited. In Beccaria’s On Crime and Punishments, he asserts that the method of torturing people accused of crimes is neither necessary nor ethical, because no one is aware if they are either guilty or innocent. I found it interesting that he mentioned the accused who are weak and succumb to the torture and confess to a crime they did not commit because it emphasized the insufficiency of this method of determining guilt. It seemed as if a prosecutor during their time would employ this strategy to quickly convict
Crime and Conviction in Victorian England In Victorian England conviction was very common. It was far from unusual to see someone being brutally hung or stripped from their families for crimes such as being in debt, stealing, or even murdering. At times one could be tortured just because of the suspicion of crime. Punishment and imprisonment in Victorian England was cruel and unusual in order to prevent offenders from crime. Illness, poor living conditions, and public humiliation were all strategies used to deter wrongdoing.
In the U.S. Constitution, it reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” For most of history, as discussed, not many people thought that things happening around them could even partially qualify for the defined “cruel and unusual punishments” or “excessive fines.” Everybody seemed to live with a “you get what you get” attitude. That is, until the defendants in the Weems v. United States case got the idea that maybe the definition could change with time, which was a whole new idea at the time. As people became more civilized and the use of torture and other such horrific acts faded away, they argued that what was considered cruel and unusual could evolve to include things that would have been considered fair in the past, such as how other laws and public opinions evolved (Weems v. United States).
37). Beccaria provided three characteristics that influence a person’s likelihood of committing a crime: swiftness, certainty, and severity. These were the qualities that a potential offender would deliberate on before carrying out their transgression. He believed that a punishment should come as soon as possible after the crime, should have a strong impression on potential offenders, and should be worse than the benefits from the crime (Tibbetts, p. 38). As long as a punishment had all three characteristics, a rational person should be deterred from that behavior.
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.
Position Paper Prior to the 18th century, corporal punishment, forced labor, and social ostracism were seen as more viable forms of punishment than incarceration. (http://www.adpsr.org/home/prison_history). Incarceration rose to prominence as a form of punishment in Europe during the 18th century because of the enlightenment's focus on personal liberty.
A Midsummer Night’s Dream is a mystical and illogical fairytale presented in the form of a play. Written with various poetic forms and rhyme schemes, A Midsummer Night’s Dream was an instant classic. Throughout the play, Shakespeare uses a dream as a common theme and important idea. From the ingenious concept that the play as a whole was a dream dreamt by the audience to Bottom’s ‘dream’ that he was a donkey that fell in love with a Fairy queen, it is apparent that the whole story is based around dreams and their unnatural and strange qualities.
Tuesdays with Morrie Personal Response Paper Tuesdays with Morrie is a book about an older man teaching a younger man the biggest and greatest lessons of life. In this book Morris Schwartz (Morrie) teaches Mitch, a fellow student, about lessons on how to live. One day Mitch receives word that Morrie was dying so he finds a way back to his old college professor; then the teaching and learning begins. They cover every topic in which this generation struggles to view and choose to live to the fullest. Morrie mentors Mitch through life and as their relationship grows, Mitch starts to realize that he’s been living life the wrong way.
There is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation.
