The capital punishment is the
punishment of a law breaker by death. The sentencing by a court of law to
capital punishment or what is commonly referred to as the capital punishment is
called the death sentence. The crimes leading to sentencing to death are called
capital punishments or the capital offenses. The word ‘capital’ came from a
Latin word ‘capitalis’ that referred to the beheading of an individual (Bakken,
17). The capital punishment has been practiced by a large number of societies
in different states globally as a punishment for given crimes or religious and
political rebels. Historically, the carrying out of the death sentence was
often accompanied by torture before the execution. The execution was public in
most cases with the public cheering along. Some regions used the guillotine,
others used hanging, and later some countries like the United States gave the
options of an electric chair and lethal injections. The capital punishment has
over time been faced with sharp criticism and the question of its legality as
at times it led to the infringement of fundamental human rights of individuals.
Some regions of the world also have the capital punishment for minor crimes
that may seem unnecessary for such measures. There are others that have carried
out the capital punishments even on individuals that below the age of 18 years
(Hartnett,
56). The death sentence is no justice at
all and is a violation of the fundamental human right to life of the victim as
provided for in the Constitution. Therefore, capital punishment should be
abolished in the United States.
Constitutionally, the capital
punishment is subject to a series of debate and uncertainty and, therefore,
lacks the full backing of the law to term it as constitutional or otherwise.
Its irreversibility makes it unethical since the law may sway on its
abolishment, but then those that suffered its brutality can never be redeemed (Death
Penalty Information Center). It is an arbitrary law and hence needs to be
abolished. In a landmark case of landmark case Furman v. Georgia (408 U.S.
238), the arbitrariness issue of the capital punishment was presented before
the Supreme Court in 1972 (Bedau, 110). Furman argued that the capital cases
led to the arbitrary and erratic sentencing of individuals. The Furman case
brought the challenge under the Eighth Amendment. The decision of the Court set
the standard that a punishment would be “cruel and unusual†as a result of its
severity as compared to the crime committed, if it was found to be arbitrary,
offended the sense of justice of the society or if it was more efficient than a
less severe penalty (Bessler, 102). The court, therefore, stated that in
Georgia’s death penalty statute that gave the Jury complete discretion for
sentencing left room for arbitrary sentencing. Therefore, the scheme of the
punishment under such a law was cruel and unusual leading to a violation of the
Eighth Amendment. It marked the suspension of the death penalty in the United
States leading to and commuting 629 death row inmates. It was because; the statutes
on death penalty held by 40 states were no longer valid and further indicate
the need to abolish the capital punishment (Bessler, 102).
The United States of America is a major
leader in the world in terms of policies, economically and is taken as a model
of democracy, it has, however, overlooked the need to abolish the capital
punishments due to their cruelty and unconstitutionality and also because the
United Nations General Assembly view on the need to abolish the executions.
Abolishing the death penalty is also a universally accepted issue with the
majority of countries abolishing or controlling it over the recent past (Death
Penalty Information Center). Globally, just over 36 countries actively practice
the capital punishment to date with the US being one of them. However, 103
other countries have completely abolished it for all crimes, and about six
states abolished it for simple offenses maintaining it for crimes such as the war
crimes. Fifty other countries have abolished the crimes de facto in that they
have not used it in the past ten years. In the United States alone, there are
31 states with the death penalty while only 19 other states have abolished the
capital punishment. Since its reinstatement in 1976, 36 states have engaged in
executions (Bedau, 100). There is, therefore, the need for the federal
government to come up with laws that control the executions by passing
legislations that abolish the punishment.
Historically, the death penalty has
indications of violence, contravening of fundamental human rights and was also
a tool for suppressing democracy in a country and hence the US should alienate
itself from such a past since what happened in history may happen or may be
happening to date in the contemporary society (Death Penalty Information
Center). The capital punishment has a historical connotation of violence and
also its inhumanity and is the brutality involved in the punishment is no
different from the slavery laws that existed in America before their
abolishment later. Historically, the death sentence has faced abject opposition
and support from some individuals. Moreover, the historical accounts indicate
the inhumane nature of the sentence and the possible loopholes for wastage of
human life based on trivial matters if the law allows for the penalty. Some
leaders employed it to control the people others just to intimidate those that
would want to challenge the leadership of the day. Moreover, the brutality of the
sentence is against the laws prohibiting torture of anyone including the
capital offenders and therefore should not be left open for usage by any member
state in the United States (Garland, 49).
Opposition to the death penalty does
not by any chance indicate a lack of sympathy and for the murder victims as the
supporter of the laws would argue. It is imperative to realize that any laws
are meant to lead to justice and not revenge or vindictive manner as the
capital punishment tend to point towards. Any form of murder whether by
individual or state points to the inherent lack of respect for the human life
at any given time because it is irrevocable yet life is precious and a
fundamental human right under the 8th Amendments Act (Garland,
49). Punishing an individual with death is
the epitome of the tragic and inefficiency of the law since it adds brutality
rather than reason as it tries to solve social problems. In fact, a majority of
the victims may not be willing to support the state to sponsor a violence or
violence in the name of bestowing justice to them.
The pro-capital punishment asserts that
having the punishment would dissuade the more criminals from engaging in such
capital crimes, but there is increased evidence that it is not changing
anything at all. Even with the existence of the death penalty, some criminals
continue to commit the crimes with impunity and in fact, the rate of murders in
the United States remain at a record high despite the danger that the criminals
face of being killed as well (Stuart, 70). It is because death to some of the
criminal is no longer a punishment and to some of the individuals they are not
afraid of death since to them it is a leeway to ending the suffering they may
be going through or hardships faced in their life (Stuart, 83). Therefore, the
presence of the capital punishment does not serve any purpose in society but is
just a form of violence that leads to no deterrence to the crimes hence should
be abolished.
Those who argue that the punishment is
a way to provide an opportunity for closure for the victim’s family are
hypocritical by all means since that is like a rule of the jungle. It is
counterproductive and also hypocritical at the same time to have individuals
run to the state and the laws enforcers to commit the murder of the person that
murdered their loved ones (Bessler, 112). It is also ironical that the
government uses the same act that they prohibit as a means of punishing those
that commit the crime. It would also mean that those that commit other offences
such as assault should be assaulted as well or those that engaged in rape be
raped as well if the murderers are murdered. The death penalty is clearly a
hypocritical law that needs to be eliminated from the public realm of justice.
In conclusion, the capital punishment
is subject to major controversy and debate not only in the United Sates but
also globally. The United Nations General Assembly has also made efforts to
curb the corporal punishment, and there is the majority of nations in the world
that have banned the use of death penalty. The capital punishment has been
proven ineffective at dissuading potential criminals from committing capital
offenses and has also been subject to debate on its constitutionality. It has
also proved to be arbitrary as it contravenes with certain sections of the US
Constitution. Those who argue for it's also continued have indications of
hypocrisy since it is like using the law in pursuit of vengeance and is no
justice at all. Moreover, if a wrongful sentencing is used, then there is no
going back since death is irreversible. Therefore, the capital punishment
should be banned in its entirety in the United States of America.
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