Saturday, October 12, 2019
Capital Punishment Essay -- Justice Law Government Morals Ethics Essay
Capital Punishment Should we kill killers is the question to answer regarding the controversial subject of capital punishment. There is strong support for both sides and many people have offered their opinions in writing for all of us to examine. John M. Olin, the Professor of Jurisprudence and Public Policy at Fordham University, gave us his Pro-Capital Punishment opinion in the Harvard Law Review in 1986. Although his article was written more than a decade ago the argued topics have not changed. In his work The Ultimate Punishment: A Defense Mr. Olin addresses why he feels capital punishment is necessary in our society and across the world. According to Olin retribution is the number one reason for capital punishment. He goes on to say that the retributive notion of punishment in general is that as a foundational matter of justice, criminals deserve punishment and punishment should be equal to the harm done. What counts as ââ¬Å"punishment equal to harmâ⬠? Olin refers to lex talionis commonly known as ââ¬Å"an eye for an eyeâ⬠. This idea was drawn from the Babylonian Law of Hammurabi from the 18th century. It states: If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then that builder shall be put to death. If it kills the son of the owner, then the son of that builder shall be put to death. Besides being totally absurd there are a couple of points to make. First, retribu tion cannot be uniformly applied to every harm committed. What about rapist? Should they be raped? What about those who commit mass murder? How can we make their punishment proportional? The answer is we can not. Killing one person who killed another serves no practical... ...ntly, especially if death is involved, then we need to stop, back up and say ââ¬Å"what is going on here?â⬠Criminals no doubt deserve to be punished, and punished with severity appropriate to the harm they have caused to the innocent. But severity of punishment has its limits, both by justice and basic human dignity. Too many studies have shown that a lengthy sentence of 20 to 30 years of a murderer has been proven to be sufficient. After this period of time most individuals have proven to be constructive, worthy members of society and have lived prosperous lives after being released. I do however; recognize the fact that many individuals should stay in prison for the rest of their lives for the safety of all as well as retribution. For a Nation that is supposed to be founded on Christian morals and beliefs I have to wonder how they justify much of what they do.
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