Pros And Cons Of Criminal Punishment

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Pros And Cons Of Criminal Punishment



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Pros and Cons of Capital Punishment

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More than 3, prisoners were serving death-row sentences in the US in December The violent crime rate has also dropped dramatically since the mids, reaching the lowest level ever recorded in The Supreme Court has ruled that the death penalty should reflect the "conscience of the community," and that its application should be measured against society's "evolving standards of decency. In addition, since more than people have had their death row convictions overturned. DNA testing has resulted in non-capital cases to be overturned since Mistakes like these shake public confidence in the capital punishment system.

An ad hoc moratorium is almost in place. After the 1,th execution in December , there were almost no executions in or the first five months of Executions as a form of punishment date to at least the 18th century BC. In , Virginia's death penalty violations included what modern citizens would consider minor violations: stealing grapes, killing chickens and trading with Indigenous peoples. In the s, abolitionists took up the cause of capital punishment, relying in part on Cesare Beccaria's essay, On Crimes and Punishment.

From the ss, criminologists argued that the death penalty was a necessary and preventative social measure. The s, also marked by the Depression, saw more executions than any other decade in our history. From the ss, public sentiment turned against capital punishment , and the number executed plummeted. In , the Supreme Court ruled in Trop v. Dulles that the Eighth Amendment contained an "evolving standard of decency that marked the progress of a maturing society. Two cases caused the nation to rethink its capital punishment law.

Jackson , the Supreme Court ruled that requiring that the death penalty be imposed only upon recommendation of a jury was unconstitutional because it encouraged defendants to plead guilty to avoid trial. In Witherspoon v. Illinois , the Court ruled on juror selection; having a "reservation" was insufficient cause for dismissal in a capital case. In June , the Supreme Court 5 to 4 effectively voided death penalty statutes in 40 states and commuted the sentences of death row inmates.

In Furman v. Georgia , the Supreme Court ruled that capital punishment with sentencing discretion was "cruel and unusual" and thus violated the Eighth Amendment of the U. In , the Court ruled that capital punishment itself was constitutional while holding that new death penalty laws in Florida, Georgia and Texas—which included sentencing guidelines, bifurcated trials, and automatic appellate review—were constitutional. A ten-year moratorium on executions that had begun with the Jackson and Witherspoon ended on 17 January with the execution of Gary Gilmore by firing squad in Utah. There are two common arguments in support of capital punishment : that of deterrence and that of retribution. According to Gallup, most Americans believe that the death penalty is a deterrent to homicide, which helps them justify their support for capital punishment.

Other Gallup research suggests that most Americans would not support capital punishment if it did not deter murder. Does capital punishment deter violent crimes? In other words, will a potential murderer consider the possibility that they might be convicted and face the death penalty before committing murder? The answer appears to be "no. Social scientists have mined empirical data searching for the definitive answer on deterrence since the early 20th century. And "most deterrence research has found that the death penalty has virtually the same effect as long imprisonment on homicide rates.

Ehrlich's work was also criticized by the National Academy of Sciences - but it is still cited as a rationale for deterrence. A survey of police chiefs and country sheriffs found that most ranked the death penalty last in a list of six options that might deter violent crime. Their top two picks? Reducing drug abuse and fostering an economy that provides more jobs. Data on murder rates seem to discredit the deterrence theory as well. The region of the county with the greatest number of executions—the South—is the region with the largest murder rates.

For , the average murder rate in states with the death penalty was 5. The effects prison has on families is a con of prison life. Families may fall apart while the prisoner is serving time, or begin to argue over matters better left alone. Witnessing a family member go to prison is stressful on family members, and old arguments may arise to avoid the real feelings regarding the imprisonment. The imprisoned family member may have possessed the highest income within the household, which would leave the family with less or no money. Placing a criminal in prison abruptly removes a member of the family, and other members need to learn to adjust to the change. Removing people who commit crimes from the populous is a pro of prisons.

Once a criminal is found and caught, the severity of the crime must be weighed and the appropriate punishment given. If an individual is caught robbing a house or killing a person and does not receive prison time, the likelihood of a repeat crime grows exponentially. Criminals need to be removed from society to protect law-abiding citizens and assure a pattern of peace in the community. Some children who may otherwise be criminals may be deterred by the thought of prison.

This "scare tactic" is a pro of prison. Children who possess a fundamental understanding of the law and know prison is not a place for fun may avoid breaking the laws. Future criminals may choose to act in a different manner or make different choices if there is a solid understanding of the consequences. Children or young relatives of current prisoners may be able to see prison from a closer viewpoint and decide to avoid criminal activity. Prison deters repeat offenders, which is a pro of prison. Some ex-cons will attempt to follow the law as closely as possible to avoid returning to prison.

In this case, the prison system is effective in rehabilitating prisoners and creating responsible citizens. Some ex-cons who made honest mistakes can learn which actions are appropriate and will allow them to stay in the community and out of prison. Rebecca Mayglothling has worked directly with toddlers and preschoolers for more than three years. She has published numerous lesson plans online as well as parenting and teaching advice.