Essay Title: 

capital punishment

March 24, 2016 | Author: | Posted in social issues, social sciences

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Capital Punishment

The criminal justice system has been in place for as long as human kind existed albeit in different forms . Over the centuries , different kinds of justice systems have been practiced in different parts of the world from capital punishment , to corporal punishments such as flogging , and public execution . Until modern times , the justice system can be said to have been particularly cruel to the offenders by denying them their rights . Capital punishment has generated a debate [banner_entry_middle]

on its morality and effectiveness

Origin of capital punishment . Evidence of capital punishment suggests that , this form of punishment has been in existence for as long as mankind existed . In fact it seems from a literature review that , it was a very popular method in the ancient time

One of the greatest challenges facing the criminal justice system today is to strike appropriate balance between the rights of capital offences victims and those of capital offenders . Moralists argue that , capital offenders should be treated with the dignity they deserve bearing in mind their fundamental human rights . On the other hand proponents of capital punishment argue that it is an effective way of paying back an equal measure of what the offender inflicted on their victims

A right is defined as a duty or responsibility entitled to an individual by the state (Wolfgang , 102 . There is a need for a balance between capital offenders ‘ rights and their victims ‘ rights . The justice system has in some cases been accused of leaning too much on the side of the victims of capital crimes therefore denying the victim the right to be treated as not guilty until proven guilty before a fair and public trial in a court of law . Any justice system must be structured to meet the needs of both offenders and victims (Wolfgang , 90 . It can be argued that the victim ‘s and offender ‘s rights are related but in an inverse manner

Opponents of capital punishment

Utilitarian Theory . The view holds that , punishment should be applied only for purposes of deterring crime reoccurrence . Utilitarianism proposes life imprisonment as a substitute for capital punishment However opponents of the theory question the benefits of keeping an offender in prison for life while consuming taxpayer ‘s money . Opponents view it as a `too costly ‘ alternative of capital punishment

Restorative justice theory . Proponents of restorative theory advocates for punishment of offenders though it opposes imprisonment . Restitution and community services are the commonest types of penalties advocated for by restorative theorists . It is aimed at re-socialising offenders In view of striking a balance between offender ‘s rights and victim ‘s rights , restorative justice can be of much help for it seeks to up hold both the victim ‘s and offender ‘s rights while benefiting the society but there are those opposed to it terming it as too lenient . This theory is seen as an alternative to capital punishment

Proponents of capital punishment

Retributive justice theory . Popularly known… [banner_entry_footer]

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