The Questionable Penalty of the Death sentence
In the day in day out production and enforcement of laws by our government and police authorities, it is a common occurrence for a concern to come up that is layered with emotional and ethical questions. At the legal level even today, our federal government is battling with problems involving cloning and stem cell research and searching for a middle ground in between the ethical, ethical and spiritual problems versus the scientific benefit that may originate from the practice.
One of the fantastic arguments has been ongoing in American society over it’s history has been over whether it is ethical and best to utilize the death sentence as a penalty for abhorrent crimes. Whether one is for abolishing this form of punishment or on the side of using it as a simply result for a criminal, there is no question that the problem itself is a challenging one to choose.
The arguments for or against the death penalty are typically not provided from a legal point of view. The positions taken by those both for and against the law fall under a few general categories …
. The argument from morality versus the capital punishment. That it is unethical for a simply society to take a life, even if it is of a wrongdoer who themselves have taken life.
. The argument from morality for the death penalty. That it is simply for the life of one convicted of an abhorrent criminal offense to lose their lives as an appropriate outcome of that criminal activity. That particular criminal offenses must always be defined as so grievous that the one dedicating this crime must not continue to live which it is the duty of the legal system to eliminate such individuals from society by means of the capital punishment.
. The argument that the death penalty does or does not make up cruel or uncommon punishment.
. The argument that God requires the death of the killer under the “and eye for an eye” statute from the Hebrew Old Testimony.
. The argument that God requires the forgiveness of even the murderer as part of the theology of the Christian New Testimony.
. The argument from economy that it costs less to carry out a criminal than to keep them in prison for life.
. The argument that the most abhorrent crook might be rehabilitated to end up being an efficient member of society.
. The argument from revenge, that the household of victims of heinous crimes deserve to see the killers of their enjoyed ones carried out.
. The argument from closure that for those same households and for society, seeing the death of a heinous criminal aids in the grief procedure by providing closure when we see the guilty appropriately punished.
It is simple to see why this problem is so emotionally charged and continues to be one of dispute and dialog both at the governmental level and in political and religious circles.
It really isn’t really logical to think about a law or the attempt by lawmakers to frame this concern into legislation as moral or immoral. In our representative kind of federal government, those who would make laws have clear cut guidelines on how they will decide exactly what will or will not become the unwritten law.
The top level requirements for what ends up being a law in this country is the will of individuals. This can be difficult to figure out especially in a concern that has fervent followers on both sides. The will of the people is not the sole criteria for a law as the electorate might not be aware of the legal grounds for a law or of the precedent in legal systems that were the background for our system of government. Once again, reasons can be found in legal precedent that could be utilized to justify the legalization of the capital punishment or the banning of it.
Lastly law makers will rely on the consideration of the effectiveness of a system of justice and in doing so attempt to identify if the capital punishment works. There are almost as numerous research studies to show that the death penalty does not reduce crime as program the reverse. It is similarly hard to prove the executing criminals saves loan compared to life in jail. But no matter what side of the concern we come down on, there is no question that this will be a continuous debate in society for years to come.