Hammurabi’s Code of Law • “If anyone ensnare another, putting a ban upon him, but if he cannot prove it, then he that ensnared him shall be put to death” • “If anyone steals the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death.” • “ If a judge tries a case, reaches a decision, and presents his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgment” The first Hammurabi’s code I chose was “If anyone ensnare another, Putting a ban upon him, but if he cannot prove it, then he that ensnared him shall be put to death”. The first code in my own interpretation means that if someone accuses another person but cannot prove the person committed a crime then the accuser will be put to death. I feel this law is not good. Just because a person cannot prove guilt is not a good enough reason to sentence someone to death. If someone can’t prove guilt it does not necessarily mean a person didn’t commit a crime.
In this paper, I will discuss the effect that capital punishment has on deterring criminal activity. Capital punishment is the execution of criminals by the state, for committing crimes, regarded so terrible, that this type of punishment is the only acceptable punishment for the crime committers. For decades now, there has been an ongoing debate over the death penalty in America. The chief argument in favor of death sentences is the fact that it can be used as a deterrent. Deterrence is the idea that executing the murderers will decrease the rates of homicide by discouraging future murderers.
First of all, if the crime is as terrible as murder, and it was fully intentional, the privilege should be fully stripped. Some of the criminals in prison lost their right to vote because the crimes they committed were mainly unlawful instead of unjust. Lastly, there could be a series of tests to be given to the prisoners to determine if they are in the right state of mind to vote. When a person commits a crime, the crime will be either as small as fleeing police by motor vehicle, to as big as committing a murder. This is a strong difference in the types of crimes being committed.
But if the river proves that the accused is not guilty, and he escapes unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser. 2. If anyone brings an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death. 3. If a judge tries a case, reaches a decision, and presents his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgment.
Here are some of the laws from the Code of Hammurabi, you will notice that these laws are a lot more specific and sound a little more primitive than the 12 tables. 1. If a man has accused another of laying a nerto upon him, but has not proved it, he shall be put to death.” A nerto is a death spell, What I believe they mean by death spell is like a death threat. 2. If a judge has given a verdict, rendered a decision, granted a written judgment, and afterward has altered his judgment, that judge shall be prosecuted for altering the judgment he gave and shall pay twelvefold the penalty laid down in that judgment.
“Why do we kill people, who kill people, to show that killing people is wrong”. Fair enough as it might seem, but what is the ground for the opposition to the death penalty? It is asserted that death penalty is unjust, Tax Payer waste too much money, and it is a breech of biblical principles in our society. In the U.S. in 2010, 129 people on death row have been released with proof that they were wrongfully convicted.DNA, available have justify most of these convictions. I can’t guarantee we won’t execute innocent people.
In Kantianism, it is more about intention did matter but consequence did not matter. And one of Kantianism principle is good will. And before we know it is a goodwill or not. There are some steps that will help us understand the situation more. Firstly, we frame the question, and the question will be “Should Carl shoot the two rapists?” then create the maxim, for Carl’s situation will be “When my daughter was raped then I want to see the justice be done, then I kill the men, otherwise they may just get few years in jail only.” Then, the interesting point is universalizing the maxim, so if Carl kills and everyone can kill.
Should we adhere to the policy of “an eye for an eye”? Opponents of the Death Penalty, in their attempt to illustrate that executing a convicted criminal is no less barbaric than the crime for which he or she is being punished, claim that sentencing these individuals to death does not deter crime. In fact, such executions merely convey that it is acceptable to act violently. In her argument against Capital Punishment, Belinda York states, “Why should potential criminals be afraid of committing crimes, when the very society that prohibits such behavior resorts to the same methods” (89)? According to this view, if the state is allowed to kill, why is not this privilege extended to all citizens?
The United States is one of the countries that still uses the death penalty as a form of punishment. The definition of capital punishment is “ the killing of a person via judicial process for retribution or incapacitaion” when a person commits a capital offense that could result in the death penatly. Using the death penalty as a deterrent shows a criminal that if you kill someone then you will be put to death for taking that person’s life and it couold make a person think twice before committing a murder. When a person is sentenced to death they are being punished for a very severe crime and they are dealt with in a manner that is not violent like most murders are committed and now in this day and age it is done humanely and they feel no pain like they did in the electric chair or when they were hanged. They are now given drugs that put them to sleep and they do not suffer like there victims.
If someone commits murder then they are liable to arrest and prosecution in the U.K. If they are found guilty in a court of law, a lengthy custodial sentence is imminent. Different societies around the world have different norms. Under Sharia Law, a non-Muslim who leads a Muslim away from Islam is punishable by death. This might be a norm in that society, whereas residents in the U.K might view this as a barbaric act.