Benjamin Hood
PHIL 1120-351
04/08/20
Prof. Alexander Izrailevsky
The ultimate form of punishment is capital punishment. In the modern world, in America, we have roughly 20 - 40 executions a year. Capital punishment is the lawful execution of an offender who has been sentenced to death after convicted of a criminal offense by a court of law. Executions tend to befall criminals convicted of murder, rape, sex abuse, terrorism, and treason, to name a few. The first established death penalty laws put into place date back to the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon. King Hammurabi's code listed 25 crimes where the death penalty was legal punishment. As centuries have passed, humans cultures and customs have changed around the world. However, the death penalty continues to be a fixture of many individuals' society. In Japan during the 12th century, Harakiri or Seppuku was a common practice among samurais to achieve an honorable death. Seppuku was a technique of killing one's self; the participant would kneel and expose their torso. The samurai would then grasp their katana and slice across the belly in either a horizontal line through the peritoneum. Some would allow themselves to die slowly, but they would usually employ assistance from a "Kaishakunin" or a second. The Kaishakunin's job was to chop off the samurai's head after their stomach was sliced open. Among rituals that previewed the execution, the forsaken individual often would drink sake and write a short "death poem" before taking their life. Seppuku is the only count of capital punishment that was honorable when first committed and is initiated by the doomed individual. Also, the "last meal" and "last words" are apart of the death penalty ritual in japan at the time, this is also something we continue to use in modern-day executions. The Japanese ceremony of Seppuku is essential to the story of capital punishment, showing that capital punishment may be reputable and a way to atone for sins. In the late 17th and early 19th century of Great Britain had a "Bloody Code." During this time, there were more than 200 executions, with many of these being for petty or lesser degree crimes. Later in the tenth century A.D., hanging became the usual method of execution in Britain. Within the following century, William the Conqueror would prohibit the hanging or execution of a person or persons for any offense, except in times of war. In 1531 Britain passed a law stating that boiling people alive was an acceptable way of capital punishment. In 1998 Britain became entirely abolitionist, both in legal practice and in law. At about the same time, Russia carried out its last execution in 1996. The following year in 2997, Russia joined the Council of Europe. Here they signed Protocol No. 6, this enacted the protection of Human Rights and Fundamental Freedoms. The protocol banned the implementation of capital punishments in peacetime, similar to the laws passed by William the Conqueror in Britain. Again this means there is a temporary prohibition of capital punishment in Russia and other members of the Council of Europe. Notably, the United States is apart of the Council of Europe's observer status, meaning they can operate with the council but don't have to abide by its regulations. So America can work with the council, but can still practice capital punishment. The first recorded account of capital punishment in America's history was the death of Captain George Kendall. The execution of Kendall transpired in the British colony of Jamestown, Virginia in 1608 for spying for the Spanish Government; he died by firing range. Capital punishment continued to be apart of American society. However, the death penalty continued to be a controversial topic, and the argument peaked in 1972. In the cour case, Furman v. Georgia resulted in the Supreme Court voided 40 death penalty statutes and suspended the death penalty. The death penalty prohibition lasted four years, in 1976 the court case Gregg v. Georgia resulted in the reinstatement of the death penalty, this verdict is still in effect in current times. In current times society is very divided on the subject. However, the world as a whole has started to favor abolishing capital punishment. The world's top executioners of 2015 were China, Iran, Pakistan, Saudi Arabia, and the USA. Later in 2018, 106 countries (54.4% of the world) have chosen to eliminate the death penalty, and 56 countries (28.7% of the world) maintain capital punishments. Interestingly enough China is thought to be the largest contributor to the number of executions. However, we aren't able to know due to China keeping the number of deaths a state secret. Where China we cant measure, America has a clear paper trail of executions. The United States has a constant stream of executions of inmates and Texas executes the most prisoners. Since 1976 Texas alone has executed 566 inmates with Virginia's 113 executions being the next biggest. This means that Texas has held 37.5% of the executions within America. Philosophers have studied capital punishment and its ideas from various uniques perspectives. The retributivist approach uses the concept "an Eye for an Eye." One of the most significant retributivist method scholars was Immanuel Kant. Retributivist is defined as “justifying the amount of punishment for misconduct by “looking back” to aspects of the wrongdoing committed.” Kant develops a classic retributivist ideology where he interpretations Lex Talionis called “jus talionis” or “the Law of Retribution,” Lex Talionis is the law of retaliation or an eye for an eye. Lex Talionis in its simplest definition is that if you kill someone you should be killed or if you blind someone you should be blinded. This is seen as balancing the scales with Equal suffering, the punishment is justified if it is proportional to the crime. However, This is argued as hypocritical, to answer violence with violence. Another technique of retributivism is the principle of proportionality. Most retributivists interpret lex talionis is expressing the equality of crimes and punishments. The idea that the punishment should fit the crime proportionally. Lex talionis working under the interpretation of "the law of retaliation" and this can make capital punishment in a sense justifiable vengeance. A similar retributivist approach centers around the right to life belief that was supported by John Locke, Locke believes in the right to life for all, yet he also believes in the death penalty. Locke defined the right to life and forfeiting said right by stating “declares himself… to be a noxious creature… and therefore may be destroyed as a lion or a tiger, one of those wild savage beasts… both to deter others from doing the like injury… and also to secure men from the attempts of a criminal.”Locke's philosophy relies on the principle of action and consequences. That capital punishment is justified morally for murderers because by taking one's life, the perpetrator forfeits their right to life. By Locke's definition a murderer, by their voluntary actions, forfeit their right to life, and therefore, are to be judged as an individual not possessing any rights to life and the subject can be executed to better the society. Besides retributivists, keep in mind the utilitarian approach, particularly the classic style which was mainly influenced by Jeremy Bentham. The utilitarian standard declares that actions be judged by the consequences that follow. Bentham didn't believe the death penalty was a deterrent. Bentham strongly rejected natural rights and favored utilitarian standards. John Stuart Mill another philosopher was a distinctive utilitarian, however, he was in defense of capital punishment. Arguing that the death penalty was justified for "atrocious cases" of aggravated murder. The final piece of the puzzle is the abolishment of capital punishment. In 2018 54.4% of the planet had abolished the death penalty, and 18.5% are working towards absolute abolishment. Arguments against capital punishment have greatly increased in recent years. Leading arguments are irreversible and mistakes happen, don't deter crime, skewed justice systems, discrimination, and have been used as a political tool. Beginning with the idea of irreversible and mistakes being made is a very serious concern. Some victims of capital punishment haven't ended well for many individuals. When looking at executions from 1890 to 2010 in the U.S. there were 17,552 executions and 552 of those were botched. That amount may not be huge but it becomes more serious when you remember that they are human lives. Botched just refers to failed executions, however, we've also had some convicted and executed convicts and they turned out to be innocent; we can't know for sure if they're innocent but for many, it is believed they were innocent. Jeremy Bentham felt that punishment and offenses must be proportional and balanced to one and other. He suggested that deterrence was the most important result of the death penalty in regards to controlling people's actions. The deterrent argument says that if the death penalty helps curve or stop criminal activity in the future. The issue is statistically capital punishment has done nothing to help deter criminals from unlawful activities. When considering trails that may lead to capital punishment, there are claims that the justice system often is skewed to work against defendants. Prosecutors may offer a plea deal to keep the case out of trial and keep the system moving. If the defendant denies the plea, prosecutors may stack charges against you, which would profoundly influence the time you are imprisoned. This power can often lead defendants to either take an appeal when they are innocent to serve less time or cause people who are innocent to fight in court and this can lead to innocent people being executed. We aren't completely sure how many innocents have been executed. Although, we know that some innocent lives have been taken. Within the skewed justice system, discrimination tends to crop up as an inciting issue among defendants and their victims. Individuals from less privileged socio-economic backgrounds or racial, ethnic or religious minority groups are mistreated by the death penalty system. Since 1976, 55.8% of defendants that have been executed in the U.S. were white. This doesn't seem discriminatory at first glance, however, when looking at the race of victims in the U.S., 75.5% were white. This means that murders of white people carry a higher probability of sentencing the convict to execution. The foundation issue is that minority victims are not getting the same "justice" that white victims are getting. Capital punishment is the ultimate penalty, and if keeping the death penalty is wanted, the punishment should be used for not only white victims but non-white victims as well. This may be too many executions, so why not just abolish capital punishment many argue. Many arguments center around abolishing capital punishment, but these are the most common of the bunch. In conclusion, Capital punishment continues to be a controversial topic in society. With many countries moving to abolish the death penalty the world may soon get rid of it. However, in many countries like China, Iran, and the USA the change will not occur soon if at all. My thoughts over the evolution of this assignment have been thus. I was pro capital punishment and debated that for creators like Ted Bundy or John Allen Muhammad, who murder with no remorse or regrets, I feel that if the family of the victims wants them dead for closure I can understand that. However, I would argue life in prison without the possibility of parole is just as good. I can't honestly say how I would react in the situation if these monsters took someone I love, but I can say right now with the weighted pros and cons of capital punishment I tend to lean towards the abolishment of it. I will always feel certain monsters deserve to die, but I do feel the system needs a lot of reworking and assessment.
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