Essay/Term paper: Capital punishment 1
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CAPITAL PUNISHMENT
Capital Punishment deters murder, and is just Retribution Capital
punishment, is the execution of criminals by the state, for committing
crimes, regarded so heinous, that this is the only acceptable punishment.
Capital punishment does not only lower the murder rate, but it's value as
retribution alone is a good reason for handing out death sentences.
Support for the death penalty in the U.S. has risen to an average of 80%
according to an article written by Richard Worsnop, entitled "Death penalty
debate centres on Retribution", this figure is slightly lower in Canada
where support for the death penalty is at 72% of the population over 18
years of age, as stated in article by Kirk Makir, in the March 26, 1987
edition of the Globe and Mail, titled "B.C. MPs split on Death Penalty".
The death penalty deters murder by putting the fear of death into
would be killers. A person is less likely to do something, if he or she
thinks that harm will come to him. Another way the death penalty deters
murder, is the fact that if the killer is dead, he will not be able to kill
again.
Most supporters of the death penalty feel that offenders should be
punished for their crimes, and that it does not matter whether it will
deter the crime rate. Supporters of the death penalty are in favour of
making examples out of offenders, and that the threat of death will be
enough to deter the crime rate, but the crime rate is irrelevant.
According to Isaac Ehrlich's study, published on April 16, 1976,
eight murders are deterred for each execution that is carried out in the
U.S.A. He goes on to say, "If one execution of a guilty capital murderer
deters the murder of one innocent life, the execution is justified." To
most supporters of the death penalty, like Ehrlich, if even 1 life is
saved, for countless executions of the guilty, it is a good reason for the
death penalty. The theory that society engages in murder when executing
the guilty, is considered invalid by most supporters, including Ehrlich.
He feels that execution of convicted offenders expresses the great value
society places on innocent life.
Isaac Ehrlich goes on to state that racism is also a point used by
death penalty advocates. We will use the U.S. as examples, since we can
not look at the inmates on death row in Canada, because their are laws in
Canada that state that crime statistics can not be based on race, also the
fact that there are no inmates on death row in Canada. In the U.S. 16 out
of 1000 whites arrested for murder are sentenced to death, while 12 of 1000
blacks arrested for murder were sentenced to death. 1.1% of black inmates
on death row were executed, while 1.7% of white inmates will die.
Another cry for racism, as according to Ehrlich, that is raised by
advocates of the death penalty is based on the colour of the victim, for
example "if the victim is white, it is more likely that the offender will
get the death penalty than if the victim had been black". This is true, if
you look at the actual number of people who are murder. More people kill
whites and get the death penalty, then people who kill blacks and get the
death penalty. The reason for this is that more whites are killed, and the
murders captured. Now if we look at the number of blacks killed it is a
lot less, but you have to look at these numbers proportionately. Percent
wise it is almost the same number for any race, so this is not the issue.
In a 1986 study done by Professor Stephen K. Layson of the
University of North Carolina, the conclusions made by Ehrilich were
updated, and showed to be a little on the low side as far as the deterrence
factor of capital punishment. Professor Layson found that 18 murders were
deterred by each execution is the U.S. He also found that executions
increases in probability of arrest, conviction, and other executions of
heinous offenders.
According to a statement issued by George C. Smith, Director of
Litigation, Washington Legal Foundation, titled "In Support of the Death
Penalty", support for the death penalty has grown in the U.S., as the crime
rate increased. In 1966, 42% of Americans were in favour of capital
punishment while 47% were opposed to it. Since the crime rate United
states has increased, support for the capital punishment has followed suit.
In 1986, support for capital punishment was 80% for and only 17% against
with 3% undecided, but most of the undecided votes said they were leaning
toward a pro capital punishment stance, if they had to vote on it
immediately.
Let us now focus on Canada. The last two people to be executed, in
Canada were Arthur Lucas and Ron Turpin. They were executed on December
11, 1962. The executions in Canada were carried out by hanging. 1
The death penalty was abolished in Canada in the latter part of
1976, after a debate that lasted 98 hours. The death penalty was only
beaten by 6 votes. If we look back to 1976, the year the death penalty was
abolished in Canada, threats of death, were being made to Members of
Parliament and their immediate families from pro death penalty advocates.
Most members of parliament, voted on their own personal feelings, as
opposed to the views of their voters.2
The same was the case in British Colombia, where accepting of the
death penalty, if it was reinstated 1987 , by the federal government was
discussed. The M.P.s were split, 17 out of 29 were for the death penalty.
This showed, that even the majority of the M.P.s were in favour of the
death penalty in B.C. Support for the death penalty in British Columbia at
the time was almost 70%, but the M.P.s felt that it was up to them to vote
how they felt was right, and not to vote on which vote would give them the
best chance for a second term.3
In 1987, the Progressive Conservative government wanted to hold a
free vote on the reinstatement of Capital punishment, but Justice minister
Ray Hnatyshyn, who was opposed to it, pressured the M.P.s, into voted
against the bill. Ray Hnatyshyn, was the deciding factor, if not for him,
it was widely believed that the reinstatement of capital punishment would
have gone through, and the death penalty would be a reality today.4
Capital punishment is such a volatile issue, and both sides are so
deeply rooted in their views that they are willing to do almost anything to
sway all of the people they can to their side.
We personally feel, and our views are backed up by proof, in the
form of studies by the likes of Isaac Ehrlich's 1975 and Prof. Stephen K.
Layson's, that was published in 1986, and polls that have been taken both
in Canada and the United States over the past few years. All of these
studies and surveys show that capital punishment is a valid deterrent to
crime, and obviously the public, and society as a whole are in favour of
it. The death penalty makes would be capital offenders think about weather
committing a crime is really worth their lives. Even if capital punishment
did not deter crime, the simple fact that it will allow society to "get
even" with murders. Capital punishment also insures peace of mind because
it insures that murders will never kill again.
1 From: Take Notice, (Copp Clarke Pitman Ltd., 1979) page 163
2 From: Article written by David Vienneau published in the March 24, 1987
edition of the "Toronto Star", titled, Debate Agonizing for MPs.
3 From: Article written by Kirk Makir, published in March 26, 1987 edition
of the "Globe and Mail", titled, BC MPs Split on Death Penalty Debate.
4 From: Article written by Hugh Winsor, published in April 29, 1987
edition of the "Globe and Mail", titled, Debate on Death Penalty placed on
hold.