Research Paper on "Capital Punishment -- Immoral Justice?"

Research Paper 6 pages (1682 words) Sources: 5

[EXCERPT] . . . .

Capital Punishment -- Immoral Justice?

Capital punishment is presently one of the most debated topics as a consequence of the mixed opinions that the masses have concerning the practice. While some believe that the procedure is an essential concept of society, others consider that it is immoral and that it stands against the idea of civilization. When looking at things from a certain perspective, it appears that it would be wrong for someone to support capital punishment and to appreciate values promoted in the contemporary society at the same time. However, the truth is that society can sometimes be particularly cruel and that cold blood is needed in certain circumstances. There are some people who do not deserve to be a part of the social order and the only solution for society to remain healthy is for them to be put to death.

The death penalty goes back several millennia and it has made it possible for numerous individuals to live peacefully known that the world is a better place without persons who represent a serious threat. One can practically say that Western Civilization as a whole rests on the death penalty, considering that it received significant support across time. In spite of its perceived wrongness, capital punishment is responsible for removing some of history's most dangerous individuals from the social order. Surely, it only seems natural to discuss in regard to its morality, but when considering its effectiveness it is safe to say that this type of penance has earned its title as one of the most efficient methods to rid society of people who have performed significant damage.

One of the most intriguing concepts regarding this form of punishment is that many of those who oppose it believe that it can actually be effective in exceptional situations. "Whether discussing the Nuremberg trials of the 1940s in postwar Germany or the Rosenbergs' trial and execution in the 1950s, arguments over the death penalty continue to reverberate in the halls of public today" (Bedau & Cassell vii). The masses have started to discuss in regard to the punishment's effectiveness more ardently during the recent decades as a consequence of the fact that the social order no longer wants some individuals to abuse it or to use it unjustly. One needs to acknowledge that capital punishment is permanent and that a judge needs to be absolutely certain concerning a particular individual's culpability before he or she can actually sentence the respective person to death. However, while the law was more difficult to apply several centuries ago, present day technology makes it possible for individuals to express certainty in regard to a person's liability, thus making it less likely for him or her to be innocent.

Unfortunately for individuals who actually understand the practice and its purpose, capital punishment is often debated for reasons other than its immorality. Many politicians come to pardon death row inmates because they know that the general public is likely to express more interest in their personae consequent to observing their attitude. This reflects negatively on individuals who actually want the death penalty to be abolished, as one might be inclined to consider that people who oppose this concept are generally unable to understand it in its entire complexity.

The masses have to understand that there are numerous individuals who terrorize entire nations and that the only solution to put an end to their bloodlust is to end their lives. Surely, everyone is entitled to a life, but it would be wrong to consider that a blood-thirsty criminal who feels that his or her only mission is to provoke damage is equally entitled to living a carefree life. There are many individuals who serve time in prison as a result of their crimes and who are probable to be released at one point in their lives. However, these people are capable to reintegrate the social order and have caused lesser damage to society as a whole. In contrast to them, people who went on a rampage and ended the lives of innocent individuals should not be allowed to be a part of the social order. These people chose their side at the time when they decided to be different from the rest and do not deserve to be treated similar to any other criminals.

Several actors have successfully invoked the penalty throughout the recent years and this has proved to be especially effective in certain cases. It is not until someone interacts with a dangerous criminal that the respective person actually understands why it would be essential for capital punishment to be used in such a situation. The case of John Allen Muhammad and John Lee Malvo are particularly important when discussing in regard to the death penalty. These individuals did not hesitate to explain their killings in detail and actually appeared to express little to no regret concerning their actions. "In his confession, moreover, Malvo seemed rather boastful; he explained that the purpose of the killings was to obtain money and stated that "he and & #8230; Muhammad were equal members of a sniper team" (White 110).

The criminal's defendants claimed that Malvo was easily influenced and that he should not be provided with the death penalty. Moreover, the defendants claimed that he needed to be released because he was insane at the time when he committed the murders. However, they were limited in their actions because Malvo had no history of mental problems and because he seemed to have a perfect understanding of the nature of his crimes. In spite of the fact that his partner was convicted and sentenced to death, Malvo managed to evade the law partly because he was a minor and partly because he was regarded as less capable to understand his crimes (White 111).

The fact that Malvo was trialed in Maryland made it difficult for Attorney General John Ashcroft to influence jury members that this criminal needed to be treated with cold-blood. The death penalty was under serious attack in the state and locals thus considered that it would be unjust for them to sentence a minor to death, as this would apparently generate much controversy (Bedau & Cassell viii). By looking at this case, one is likely to understand more concerning the divisiveness associated with the idea of capital punishment. Particular individuals cannot put across a hypocritical attitude by promoting the concept as long as they would normally be inclined to oppose it. As a consequence, people in Maryland hesitated to sentence Malvo to death because they considered that this would further amplify their problems with communities that supported capital punishment (Bedau & Cassell viii).

While most individuals are inclined to believe that religion opposes the idea of capital punishment, one would be surprised to find that most religions actually support this concept and even provide information that would influence most people to accept the practice. For example, the book of Exodus claims that it is perfectly normal for someone to be sentenced to death as long as the respective individual killed someone and for someone to be physically harmed if he or she physically harmed anyone. Even John Paul II's testimony supports the death penalty in some situations: "The nature and extent of the punishment must be carefully evaluated and decided upon, and ought not to go to the extreme of executing the offender except in cases of absolute necessity" (Marzili 17). Considering these words, it appears that the capital sentence's morality is actually divisive, as it can be considered moral (to a certain degree) to murder a person as long as he or she can no longer be a part of the contemporary social order.

When considering things from a legal point-of-view the death sentence has produced even more controversy, concerning that individuals who oppose it… READ MORE

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