Death Penalty Case Study

Superior Essays
Q1. What is your opinion on the death penalty?
Life is a human right and I believe that the death penalty is wrong and a past time. I understand that when an individual commits a severe indictable offence such as murder, rape or terrorism, they should be punished but they shouldn’t be executed, because it violates that right. I don’t agree with the death penalty because it does not act as a deterrent as people continue to murder on a regular basis, it cannot be reversed, therefore if the person was found to be innocent after a conviction they can be released but if they have already been executed an innocent person has been killed by error. The death penalty is also much more expensive then a life sentence. I believe that killing a serious criminal is not a punishment, yes there are is one less criminal in the world per say but killing them is ending their life rather than them not facing the consequences for committing a serious offence. I also believe that because the death penalty still exists in some countries it should be used for serious indictable offences rather than offences such as drug trafficking. It is illegal to drug traffic but during the act no one is getting hurt and offenders shouldn’t be killed for it. There are various other humane and right ways to punish serious offenders, rather than resulting in the death penalty. Q2. Outline Amnesty International’s position use of the death penalty “Amnesty International opposes the death penalty in all circumstances, it violates the right of life and is the ultimate cruel, inhuman, degrading and irreversible punishment. Amnesty opposes the death penalty at all times - regardless of who is accused, the crime, guilt or innocence or method of execution”. Amnesty international believe the death penalty is wrong because; it is a denial of human rights, they believe that sentencing someone to death denies them the right to life. It is not irreversible and mistakes happen they state that the risk of executing an innocent person can never be eliminated and people have still been executed despite serious doubts about their guilt. Lastly they believe that the death penalty is wrong because it does not deter crime. Countries who execute commonly cite the death penalty as a way to deter people from committing crime. Although this claim has been repeatedly discredited, and there is no evidence that the death penalty is any more effective in reducing crime than imprisonment. Q3. One of the measures of the effectiveness of a sanction is whether it is meeting its purpose(s). One of the purposes of sanctions is deterrence. Is capital punishment a deterrent? Provide reasons to support your answer. Deterrence is to discourage future criminal behaviour from an offender and from others in the community. Capital punishment is not a deterrent because offenders continue to break the law knowing the severe consequences. “A 2009 survey of criminologists revealed that over 88% believed the death penalty was NOT a deterrent to murder. The murder rate in non-Death Penalty states has remained consistently lower than the rate in States with the Death Penalty.” It is apparent that criminals in death penalty countries or states do not think about the major threat of execution in the future especially when acting under the influence of drugs and/or alcohol, acting because of fear or rage, those who are panicking while committing another crime (such as a robbery), or those who suffer from mental illness do not fully understand the gravity of their crime. Q4. a) Explain what the meaning of ‘clemency’ in a criminal justice system. Clemency under a criminal justice system is the act by an executive member of government of extending mercy to a convicted criminal. A grant of clemency can
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It is apparent that in Australia life is regarded as so valuable that even the most serious offenders have the right to have their life protected by law. Sanctions are created under a set of specific standards, based on a number of factors including; human rights protections, to ensure that offenders are dealt with fairly and justly, limiting the different kinds of sanctions that can be imposed and lastly requiring that the sanction chosen is appropriate as well as proportionate to the seriousness of the crime committed and the degree of responsibility of the

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