Retrobutivist Argument of Capital Punishment
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The purpose of this research is to examine the retributivist argument with respect to capital punishment. The plan of the research will be to defend a retributivist theory of criminal liability, which is in the background of any credible defense of capital punishment. It will be argued that retribution as the principal defense of capital punishment is superior to the notion that capital punishment can be defended according to a theory of deterrence and, further, superior to notions that capital punishment cannot be defended as a matter of utilitarian thought.The history of capital punishment is as old as history itself, and some understanding of its history is important for a full elaboration of arguments connected to it. To be sure, this research focuses on contemporary society, but the roots of the present systems of punishment may foster understanding of the sociological implications of the death penalty. Until the eighteenth century, executions by the state were imposed for petty crimes as well as for major ones. For example, in Great Britain during the 1700s, "160 offenses were punishable by death, mostly offenses against property." In modern times, crimes against persons or the state, not property, are the focus of capital punishment: "treason, the murder of a police officer on duty, or murder committed by a prisoner serving a life sentence for murder." One view of capital punishment is that executions deter crime. The deterrence position is that, properly applied, c
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behavior, punishment of bad behavior does not weaken that behavior. In fact, the greatest effect of punishment is merely a temporary suppression of the behavior, not a reduction of it. When punishment is discontinued, the behavior returns, and even strengthens in the face of punishment. This being so, there does not appear to be an identifiable educative process, or utilitarian good, when execution occurs.
The difficulty with hopes for rehabilitation and the supposed inhumanity of capital punishment is that they break down before hard reality. Barzun, who specifically favors the death penalty over imprisonment, notes that abolition advocates "read without a qualm, indeed they read with rejoicing, the hideous irony of 'Killer Gets Life'; they sigh with relief instead of horror. They do not see and suffer the cell, the drill, the clothes, the stench, the food . . . the mass degradation, the impotent hatred." In other words, the idea that imprisonment will deter something for society's good that capital punishment cannot is open to question: "Rehabilitative techniques . . . but these activities have virtually no impact on the incidence of illegal acts. Thus a preference for imprisonment over capital punishment leads to a question
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Approximate Word count = 1998
Approximate Pages = 8 (250 words per page)
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