Capital punishment debate: Difference between revisions

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	The use of ], frequently known as ''the death penalty'', is highly controversial. There are many organizations worldwide, such as ], and country-specific, such as the ], that have abolition of the death penalty as a fundamental purpose.<ref>Brian Evans, , ], March 26, 2012, in particular the map, </ref><ref></ref> In the classic doctrine of ] as expounded by for instance ] and ], on the other hand, it is an important idea that the right to life can be forfeited.<ref name=feinberg>Joel Feinberg: ], 1 April 1977.</ref>
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	== Philosophical arguments ==
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	===Retribution===
	Supporters of the death penalty argued that death penalty is morally justified when applied in murder especially with aggravating elements such as multiple ], ], ] and ] such as ], ], or ]. Some even argue that not applying death penalty in latter cases is patently unjust. This argument is strongly defended by ] law professor ],<ref>http://www.nyls.edu/faculty/faculty_profiles/robert_blecker/</ref> who says that the punishment must be painful in proportion to the crime. It would be unfair that those who have committed these horrible crimes stay alive, even incarcerated.

	Abolitionists argue that retribution is simply revenge and cannot be condoned. Others while accepting retribution as an element of criminal justice nonetheless argue that ] is a sufficient substitute.

	=== Human rights ===
	Abolitionists believe capital punishment is the worst violation of ], because the right to life is the most important, and judicial execution violates it without necessity and inflicts to the condemned a ]. ] wrote in a 1956 book called ''"Reflections on the Guillotine, Resistance, Rebellion & Death"'':

	{{Quote\|An execution is not simply death. It is just as different from the privation of life as a concentration camp is from prison. For there to be an equivalency, the death penalty would have to punish a criminal who had warned his victim of the date at which he would inflict a horrible death on him and who, from that moment onward, had confined him at his mercy for months. Such a monster is not encountered in private life.<ref>http://people.smu.edu/rhalperi/</ref>}}

	This view contradicts classic ] doctrine, which stresses that the right to life can be forfeited by grave misbehavior.<ref name=feinberg />

	== Practical arguments ==

	=== Wrongful execution===
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	Also, improper procedure may result in unfair executions. For example, ] argues that, in ], "the Misuse of Drugs Act contains a series of presumptions which shift the burden of proof from the prosecution to the accused. This conflicts with the universally guaranteed right to be presumed innocent until proven guilty".<ref>Amnesty International, (January 2004)</ref> This refers to a situation when someone is being caught with drugs. In this situation, in almost any jurisdiction, the prosecution has a ] case.

	==Notes==
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	==See also==
	*]

	==External links==
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	* http://www.deathpenaltyinfo.org/crimes-punishable-death-penalty
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Latest revision as of 14:17, 25 March 2021

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