There are two aspects of the question: should the state have a death penalty? the first is ethical. What should be the burden of proof for capital cases? in order to support the death penalty, it must be moral to execute criminals and the burden of proof must specified and always met. Once a man has initiated force against an innocent person, he has in effect declared that he does not live by the principle of individual rights. He does not wish to live among men as a rational being, but as a predator, to the detriment and destruction of all those around.

It is not only prudent for a society to destroy such a harmful animal, but it is an act of justice. There is a concept in justice called proportionality which states basically that the reaction should fit the action, the punishment should fit the crime or the reward should fit the act. The justification for proportionality is outside the scope of this article, but it's worth noting that without proportionality, death would be an appropriate punishment for all who initiate force. Taking proportionality into account, the premeditated murder of an innocent by a criminal justly deserves the premeditated execution by the state of that criminal. The above moral justification for the death penalty in certain situations assumes absolute certainty regarding the facts. The problem is that in real life, despite overwhelming evidence, juries sometimes make mistakes. The punishment of a criminal is prudence, but the punishment of an innocent is a tragedy.

How much are we willing to risk the life of an innocent for the punishment of a criminal? if an innocent man is unjustly imprisoned, he can be set free later when new evidence is discovered, but there is no recovering from an incorrect execution. It is tempting to side with either the moral argument, or the epistemological argument. It is right to punish criminals, and in some cases the death penalty is appropriate.

If the court system isn't capable of doing this, people will take the burden on themselves. If there is no death penalty via the courts, people will take justice into their own hands. The likely result will be that more innocent people will die than if there was confidence in the courts. On the other hand, if there is a death penalty, and people believe it is being used too loosely, they will avoid convicting people, or they will obstruct justice.

The courts will seem to be an arbitrary threat, and the people will fight against them in several ways. Already we see calls for jury nullification in certain cases believed to have a racial bias. As people begin to understand that certain criminals will be released due to their race, they will be less likely to trust the courts, having similar problems as officially rejecting the death penalty.

This means no artificial restrictions, such as the prevention of the death penalty. If the restrictions are too high, confidence in the courts will be lost, undermining their purpose. In cases of the death penalty, the burden of proof must be higher than normal though. Latasha williams fleming september 12, 2009 the importance of the death penalty the world can be a dark and cruel place to live in. Proof of this cruelty can be easily determined just by watching the news, or reading a newspaper of current events. It seems like every day a horrendous crime is committed: murder, kidnapping, and child molestation, just to name a few.

These crimes are sufficient proof that there is enough evil in the world to make even the atheist pray for divine intervention. Perhaps the reason for our survival is sheer luck, but most of us would agree that luck has nothing to do with it. A more rational and logical answer for our survival may be linked to the rules that we have set to protect our lives. Social contact theorist, thomas hobbes, believes that life in a state of nature is a war of all against all, and in the state of nature life is nasty, brutish, and short. He believed that rules and regulations were very impertinent to keeping order within our society waller, 2008. I believe that it is very important that we are advocates for the death penalty, because it is a vital factor to keeping our society under order. The death penalty is the most severe form of punishment sentenced to a person who has been condemned by the law.

Although it is unclear how far back this particular form of punishment has been practiced, the first recorded statistics of the death penalty in the united states dates back to the 1930s green, 2005. The controversy of whether the death penalty is an adequate form of punishment, or an unconstitutional one has been debated for centuries on end. History can verify the roller coaster decisions about the issues concerning the death penalty.

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153 1972 , the death penalty was declared arbitrary and capricious and therefore unconstitutional under the eighth and fourth amendments. It appears that the benefits of the death penalty outweigh the alleged detriments it presents. It is important that we provide retribution due to the people who have been victimized in the most atrocious manner. Intentionally taking the life of an innocent human being is so evil that absent mitigating circumstances, the perpetrator forfeits their own right to life. The person deserves to die or be punished in proportion to the severity of their crime waller, 2008.

A life taken prematurely by a criminal does not only affect the victim, but the lives of their loved ones forever. If a society fails to punish these criminals in a way thought to be proportionate to the gravity of a crime, the danger arises that the public would take the law into its own hands. The outcome is likely to be an anarchistic, insecure state of injustice bedau, 2005. Envisioning yourself in the same situation, where there was no retribution for the crime committed against you or a loved one, an act of private retribution will likely take place. The death penalty sentence could assist in alleviating these private acts of revenge.

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