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For Capital Punishment Essay Example

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For Capital Punishment

For Capital Punishment. In this paper some interesting topics on capital punishment touching on the legal issues, the relation of law to morality, the nature of legal rules and legal concepts, the nature of judicial decision making, relation of law to the social sciences, and the eighth amendment.There are arguments and counter-arguments. We know that all throughout history of the United States of America, even in the entire world, this is a hot issue. But, well known experts, social scientists, politicians, and so forth, have studied the reasons for governments and states for imposing capital punishment. In our analysis, we can only conclude that from biblical to historical times, to the modern times, the reasons (or alibis) seem to be the same repetitive, for example deterrence, retribution, public opinion, etc.

But as always been said, they are repetitious and have to be examined closely to reach a solution that has to be justified to the victims (and to the convicted persons).In our study of the pros and cons of the death penalty, it is with all honesty to say that we need capital punishment more than any other time in history. And more than any other time in history, we have now the tools at our disposal to conduct a massive information campaign to the general public. In fact, this is now happening, the public is well informed about capital punishment. But is there clamor for retaining or for its abolition?When Walter Berns wrote the book For Capital Punishment, he hoped the book would not be reviewed in certain journals, but the New York Review of Books did so examine and make comments and the reviewer suggested that he (Berns) ought to be psychoanalyzed. After that he was subjected to many threatening telephone calls saying he was the one who ought to be executed. But Berns says even those opposed to the death penalty receive threatening phone calls.We are in the age of the Internet and high-technology, of globalization and of transportation faster than the speed of sound. Criminals have become high-tech and globalized, and do travel as fast as executives for their conferences in meetings all throughout the world. But this is not to say that we have to impose capital punishment because of the emergence of high technology and the internet.When Justices Brennan, Marshall, and Blackmun, retired, the Supreme Court has had no openly abolitionist members, and the justices divided themselves between those who believed in the death penalty, or that it should be. For Capital Punishment.

Works Cited

Bedau, Hugo Adam (a). The Death Penal Is Not Per Se Unconstitutional. The Death Penalty in America: Current Controversies. Ed. H. Bedau. New York: Oxford University Press, 1997. 196-205.

Bedau, Hugo Adam (b). Death is Different: Studies in the Morality Law and Politics of Capital Punishment. United States of America: Northeastern University Press, 1987.

Berns, Walter. “Defending the Death Penalty.” Ethical Issues in Law Enforcement. Ed. D. Evans and C. MacMillan. Canada: Emond Montgomery Publications Limited, 2008. 237-243.

Brody, David C., James R. Acker, and Wayne A. Logan. Criminal Law. United States of America: Aspen Publishers Inc., 2001.

Franck, H. G., Nyman, K., and Schabas, W. The Barbaric Punishment: Abolishing the Death Penalty (The Raoul Wallenberg Institute Human Rights Library, 12). United Kingdom: Kluwer Law International, 2003. 34-35.

Hodgkinson, P. Capital Punishment: Improve it or Remove It? Eds. P. Hodgkinson and W. Schabas, Capital Punishment: Strategies for Abolition. United Kingdom: Cambridge University Press, 2004. 1-10.

House, H. Wayne. The New Testament and Moral Arguments for Capital Punishment. Ed. H. Bedau. The Death Penalty in America: Current Controversies. New York: Oxford University Press, 1997. 415-428.

Hoffman, Joseph L. The “Cruel and Unusual Punishment” Clause: A Limit on the Power to Punish or Constitutional Rhetoric? Eds. D. J. Bodenhamer and J. W. Ely, Jr. The Bill of Rights in Modern America: Revised and Expanded. Indiana: Indiana University Press, 2008.

Levinson, David. Encyclopedia of Crime and Punishment. United States of America: Sage Publications, 2002. 160.

Megivern, James. The Death Penalty: An Historical and Theological Survey. United States of America: Paulist Press, 1997.

Melusky, Joseph and Pesto, Keith. Cruel and Unusual Punishment: Right and Liberties under the Law. United States of America: ABC-CLIO, Inc., 2003. 139-152.

Rae, Scott. Moral Choices: An Introduction to Ethics. Grand Rapids, Michigan: Zondervan Publishing House, 2000. 211-215.

U.S. Supreme Court. Ruling from the plurality opinion of Justice Potter Stewart: Gregg v. Georgia, 1976: The Death Penal Is Not Per Se Unconstitutional. The Death Penalty in America: Current Controversies. Ed. H. Bedau. New York: Oxford University Press, 1997. 196-205.

Schabas, William A. Introduction. In H. G. Franck, K. Nyman, and W. Schabas, The Barbaric Punishment: Abolishing the Death Penalty (The Raoul Wallenberg Institute Human Rights Library, 12). 1-21, 34. United Kingdom: Kluwer Law International, 1997.

Shiner, Roger A. Law and Morality. Ed. D. Patterson. A Companion to Philosophy of Law and Legal Theory. United Kingdom: Blackwell Publishing Ltd, 1999. 436-

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preview essay on For Capital Punishment
  • Pages: 30 (7500 words)
  • Document Type: Article
  • Subject: Law
  • Level: Masters
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