Based on the Best Bet theory we can assume that the risk of losing one’s own life and any potential to ever see freedom again is just as good of a punishment as any other. If not using capital punishment reduces how many are deterred and does not reduce the number of innocent lives taken we too are responsible for the loss of those lives. We are responsible not only for our own direct actions but also for our inaction and the consequences of it. Objections to the death Penalty: Objection 1: “Capital punishment is a morally unacceptable thirst for revenge.” Revenge is a personal response, done out of anger and hatred, which inflicts harm to the perpetrator. Retributivism is an unbiased and impartial response to a perpetrator that has wronged another.
Crime maybe controlled by fear of punishment 4. Punishment that is severe, certain, and swift will stop crime They believed in fast punishment instead of long trials. One of the major parts of criminal punishment reform was for fair and equal treatment of accused offenders. Judges could punish criminals however they wanted to no matter how severe the crime. Mr. Beccaria and other members of the Classical School fought for punishment to be set by legislative instead of judges having all of the authority for punishment.
Sentencing Paper Billy Kinkade University of Phoenix CJA/234 Christine Cavalin 08/05/2011 Sentencing Paper According to Lawlink, deterrence, retribution and rehabilitation are the primary objectives of sentencing in the US penal system (2003). Deterrence refers to the need to deter prospective criminals from committing crimes in the first place. The extents to which severe punishments such as the death penalty deter criminals are hotly debated by criminologists. However, more widely accepted is the notion that punishing tempting crimes of circumstances such as insider trading, can be effective in deterring crime. If the costs of the crime to the likely criminal are incredibly small, he or she will take the chance of getting caught.
The Babylonian Code of Hammurabi was the first written code of laws that set punishments for specific crimes (The U.S. History of Capital Punishment, 2009). At that time, punishments were harsh, as the sale of beer was punishable by death, and punishment served as a deterrent for others not to commit crime. In ancient times, corporal punishment usually resembled the crimes committed. For example, thieves hands were cut off, or liars tongues were removed. The middle ages began the importance of punishing only convicted criminals by assuring their guilt by means of torture, battle, or compurgation.
If a regular citizen committed the crime they would receive time in jail for whatever crime in which was committed. Justice concerns the proper ordering of things and persons within a society (Dictionary.com, 2009). The concept justice has been subject to legal, theological, and philosophical reflection and debate all through the history of time (Dictionary.com). Justice is to do what is right and punish the ones who have done wrong. Justice is to maintain order and to punish the criminals in which have committed the crime.
Whether it is retaliatory or treatment based, it is generally agreed that the criminal must be punished. The way that society punishes criminal behaviour seems to be a barometer of culture. Punishment signifies a society's values, morality, sensibilities and reasoning. Traditionally, retaliatory methods of punishment, or punishments that use revenge, were widespread throughout the world. This form of a penalty included anything from corporal and capital punishment, to incarceration and banishment.
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
Retribution is one of the main aims of punishment. Retribution means suffering from the punishment to balance out the evil deed that had been done. (www.dictionary.com) Most people would agree that if a terrible crime has been committed then a horrible punishment must be delivered back. The punishment must match the crime done. But should this be the way?
These things are no joke. One of the greatest challenges facing the criminal justice system is the need to balance the rights of accused criminals against society’s interest in imposing punishments on those convicted of crimes. This tension is illustrated by the debate over whether defendants have the right to be represented by an attorney. Whether or not those accused of a crime should be vigorously defended by lawyers, and whether lawyers should even accept such a case in the first place goes to the heart of the issues in Criminal Justice: Opposing Viewpoints. The authors examine these topics and others in the following chapters: Does the Criminal Justice System Need Reform?
By reserving the ultimate penalty of death for those who wantonly kill, we are clearly proclaiming our special reverence for life. It is society’s ultimate means of selfdefense. The death of a criminal can certainly be justiﬁed if it prevents the future deaths of innocent victims. Since death is the greatest punishment a society can impose, it stands to reason that it is the most powerful way to deter those who would commit a crime. Economist Isaac Ehrlich compared the murder rate in the United States with the rate of executions between 1933 and 1967.