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Death Penalty Essay Example

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Death Penalty

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It is this sacrifice that provides people with a safe and peaceful life (Beccaria, 2011, p.In this manner, a depository of surrendered sacrifices is created. The total of the individual liberties constitutes the sovereignty of a country. Something more is required; namely, a defence of individual liberties against the attempts of others to take undue advantage. As such, people tend to retrieve their surrendered liberties. At the same time, individuals attempt to appropriate what belongs to others (Beccaria, 2011, p.In this situation, it is essential to have strong measures that prevent people from engaging in such conduct. These measures are in the form of punishments for those who break the law. The general public tends to ignore the rights of others, unless compelled to do so by the law. Therefore, punishments play a major role in preserving order and justice in society (Beccaria, 2011, p.Moreover, upon being imprisoned for crimes that do not involve the death penalty, the convict retains the right to enjoy rights. With regard to executions, the humanity of the condemned person is denied by the State (Ogletree & Sarat, 2009, p. Execution constitutes punishment that is degrading and severe. In addition, there exists the possibility that such punishment is inflicted in an arbitrary manner. Moreover, the death penalty has been rejected by present day society, in its entirety. Furthermore, there are no grounds to establish that the death penalty serves penal objectives, in a more efficient manner than imprisonment (Ogletree & Sarat, 2009, p. The death penalty is obviously incompatible with human dignity.As such, the first fundamental right to be declared in the various international acts is the right to life. On 12 April 1764, Cesare Bonesana, Marquis of Beccaria, published his work, ‘On Crimes and Punishments’. This was opposed to the inhumane and inquisitorial system of criminal justice in the European countries of that period (Hostettler, 2011, p.He stated emphatically that the death penalty was neither necessary nor useful. With this development, the death penalty came to be considered from the political and not religious perspective. Thus, human rights were declared as the basis of free society. At the same time, the abolition of the death penalty came to be considered as a political development (Nicolau, 2013, p. These considerations indicate the strong opposition that had

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Amnesty International, 2014. Death Sentences and Executions 2013. [online]

Available at: <http://www.amnestyusa.org/research/reports/death-sentences-and-executions-2013> [Accessed 7 May 2014].

Bannister, P., 2008. The death penalty: UN victory puts total abolition within our grasp. International Review of Law, Computers & Technology, 22(1/2), p. 165 – 170.

BBC, 2009. Capital punishment. [online] Available at: <http://www.bbc.co.uk/religion/religions/christianity/christianethics/capitalpunishment_1.shtml> [Accessed 7 May 2014].

Beccaria, C., 2011. On Crimes and Punishments. 5 ed. Piscataway, New Jersey, USA: Transaction Publishers.

Fisher, M., 2011. Capital Punishment in China. [online] Available at: <http://www.theatlantic.com/international/archive/2011/09/capital-punishment-in-china/245520/> [Accessed 7 May 2014].

Hostettler, J., 2011. Cesare Beccaria: The Genius of "On Crimes and Punishments". Hampshire, UK: Waterside Press Ltd.

Mc Gann, A. & Sandholtz, W., 2012. Patterns of Death Penalty Abolition, 1960-2005: Domestic and International Factors. International Studies Quarterly, 56(2), p. 275 – 289.

Nicolau, I., 2013. Historical Evolution of the Death Penalty Abolition as a Fundamental Human Right. Contemporary Readings in Law & Social Justice, 5(2), p. 278 – 283.

Novak, A., 2012. The Abolition of the Mandatory Death Penalty in Africa: A Comparative Constitutional Analysis. Indiana International & Comparative Law Review, 22(2), p. 267 – 295.

Ogletree, C. J. & Sarat, A., 2009. Introduction: Toward and Beyond the Abolition of Capital Punishment. In: C. J. Ogletree & A. Sarat, eds. The Road to Abolition?: The Future of Capital Punishment in the United States. New York, USA: New York University Press, p. 1 – 18.

Rupnow, J., 2013. The Death Penalty in the Greater Caribbean. [online]

Available at: <http://www.worldcoalition.org/media/resourcecenter/EN-2013WorldDayFactSheet.pdf> [Accessed 7 May 2014].

World Coalition Against the Death Penalty, 2013. 11th World Day against the Death Penalty: Greater Caribbean. [online] Available at: <http://www.worldcoalition.org/worldday.html> [Accessed 7 May 2014].

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