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Jul 19, 2023 · The landmark Breyer–Ginsburg opinion embodies modern American abolitionism. Its approach reflects the now-popular notion that the death penalty system is irremediably “broken.” 4 It is fundamentally a practical argument—executing people “does not work.”.
- Nicole Smith – An Argument in Favor of Capital Punishment
- Stephen Nathanson – Why We Should Put The Death Penalty to Rest
- My Evaluation
- My Opinions of The Arguments
- Conclusion
- Works Cited
The gist of Nicole Smith’s (Smith par. 1-8) argument is that the death penalty or capital punishment is necessary because it deters murder, thereby saving the victims’ families and friends the pain of losing loved ones. She further argues that in cases where a murder has occurred, the death penalty serves justice to the victim’s loved ones. Smith’s...
Nathanson for his part presents two major arguments in support of his position. Firstly, he argues that the death penalty violates the same values it is supposed to promote (Nathanson 124). For instance, if a criminal receives a death sentence, the only circumstance under which the conviction can be justified, is when the justice system determines ...
I esteem ethics and I believe that matters of life and death, such as those presented in these arguments can only be evaluated adequately by the use of relevant ethical theories. The ethical theories that can best evaluate this issue include utilitarianism and Kantian ethics. In utilitarianism, the merit of an action is evaluated by its consequence...
While Smith’s argument seems plausible at the superficial level, it is not entirely ethical. It is equally unethical for a criminal to kill an innocent victim, but the idea of punishing murder by death is certainly outdated and has no place in modern society. Human society has advanced in many ways and has abandoned the wisdom of its ancient ancest...
In conclusion, both arguments seem to appeal to the sense of reason. However, based on one underlying belief, the distinction can be made as to which argument is more plausible. Although there are circumstances, under which I believe in utilitarianism, in this case, Kantian ethics carry the day. Nathanson’s arguments sound more reasonable to me bec...
Berns, Walter and Joseph Bessette. “Why the Death Penalty is Fair.” Wall Street Journal, Eastern edition ed.: 1. 1998. ProQuest.Web. Gray, James P. “Essay: Facing Facts on the Death Penalty.” Loyola of Los Angeles Law Review 44.3 (2011): 255-264. Academic Search Complete. Web. Nathanson, Stephen. “Why We Should Put the Death Penalty to Rest.” Conte...
Against The Death Penalty, edited, translated and with commentary by Peter Garnsey, takes a deep dive into the first serious critiques of capital punishment, by the virtually unknown Giuseppe Pelli, and by the founding father of modern criminal jurisprudence, Cesare Beccaria.
in 2012, trend is toward global abolition'.3 In spite of the optimistic title, the blog entry enumerates the major obstacles that the cause of abolitionism faced last year: the resumption of executions in Japan, India, Pakistan, and Gambia; the remarkable increase in the number.
Feb 16, 2000 · First, it evades the question, for it does not address the moral claims of death penalty opponents. Second, as primary objectives of the law, deterrence and incapacitation do not aim to punish a past offense but rather to prevent future ones. And that can lead to gross injustices.
Crit-ics of the death penalty in contemporary American jurispru-dence have claimed the inevitability of caprice and mistake' and have pointed to racial and other biases in the imposition of the death penalty.2 Currently, the death penalty in principle seems acceptable to the Supreme Court3 and to the general populace.4.
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This essay seeks to account for Derrida's striking claims towards the end of The Death Penalty, Volume I concerning the survivability of the death penalty. Why will the death penalty live on, even beyond its end? How should we understand this claim?
