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Death penalty
 

Death penalty

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Death penalty Death penalty Presentation Transcript

  • Capital Punishment
  • Death Penalty • Capital punishment or the death penalty is a legal process whereby a person is put to death by the state as a punishment for a crime. The judicial decree that someone be punished in this manner is a death sentence, while the actual process of killing the person is an execution. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitals, literally "regarding the head" (referring to execution by beheading.
  • Death Penalty • Capital punishment has, in the past, been practiced by most societies. Currently 58 nations actively practice it, 97 countries have abolished it de jure for all crimes, 8 have abolished it for ordinary crimes only (maintain it for special circumstances such as war crimes), and 35 have abolished it de facto (have not used it for at least ten years and/or are under moratorium.
  • Death Penalty • Amnesty International considers most countries abolitionist, overall, the organization considers 140 countries to be abolitionist in law or practice. About 90% of all executions in the world take place in Asia.
  • Death Penalty • Capital punishment is a matter of active controversy in various countries and states, and positions can vary within a single political ideology or cultural region. In the European Union member states, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment.[5] The Council of Europe, which has 47 member states, also prohibits the use of the death penalty by its members.
  • • One reason often cited for supporting the death penalty is retribution. This reason goes back to the old biblical concept of "an eye for an eye." Many people feel that execution is a natural human response to the crime of murder. The rationale is that, if the defendant has taken a life, then the defendant's life should be taken.
  • • A more common academic reason given for supporting the death penalty is that it is a deterrent for others who may consider committing the same crime. One argument for punishment of criminals is that by punishing someone who has committed a crime, others will be deterred from committing the same or similar crimes. Supporters of the death penalty feel that if someone knows that he or she could be executed for breaking the law, then he or she will be less likely to follow through with the commission of a crime.
  • • Incapacitation is another justification for supporting the death penalty. Although similar to the retribution argument, incapacitation is more of a logical response as opposed to an emotional response. One way to be certain that a criminal will not re-offend is to take away the possibility of re-offending. Some people feel that prison still affords a person the ability to commit a crime and is the only true way to incapacitate the offender. To assure that he or she cannot commit another crime, he or she is executed.
  • • The death penalty gives closure to the victim's families who have suffered so much. Some family members of crime victims may take years or decades to recover from the shock and loss of a loved one. Some may never recover. One of the things that helps hasten this recovery is to achieve some kind of closure. Life in prison just means the criminal is still around to haunt the victim. A death sentence brings finality to a horrible chapter in the lives of these family members.
  • • · Our justice system shows more sympathy for criminals than it does victims. It's time we put the emphasis of our criminal justice system back on protecting the victim rather than the accused. Remember, a person who's on death row has almost always committed crimes before this. A long line of victims have been waiting for justice. We need justice for current and past victims. •
  • • Prisoner parole or escapes can give criminals another chance to kill. Perhaps the biggest reason to keep the death penalty is to prevent the crime from happening again. The parole system nowadays is a joke. Does it make sense to anyone outside the legal system to have multiple "life" sentences + 20 years or other liverish? Even if a criminal is sentenced to life without possibility of parole, he still has a chance to kill while in prison, or even worse, escape and go on a crime/murder spree.
  • • · It contributes to the problem of overpopulation in the prison system. Prisons across the country face the problem of too many prisoners and not enough space & resources. Each additional prisoner requires a portion of a cell, food, clothing, extra guard time, and so on. When you eliminate the death penalty as an option, it means that prisoner must be housed for life. Thus, it only adds to the problem of an overcrowded prison system.
  • • · It gives prosecutors another bargaining chip in the plea bargain process, which is essential in cutting costs in an overcrowded court system. The number of criminal cases that are plea bargained (meaning the accused admits guilt in return for a lesser sentence or some other concession) can be as high as 80 or 90 percent of cases. With the time, cost, and personnel requirements of a criminal case, there really isn't much of a choice.
  • • The vast majority of people that are arraigned are in fact guilty of the crime they are accused. Even if you believe a defendant only deserves life in prison, without the threat of a death sentence, there may be no way to get him to plead guilty and accept the sentence. If a case goes to trial, in addition to the enormous cost, you run the chance that you may lose the case, meaning a violent criminal gets off scot free. The existence of the death penalty gives prosecutors much more flexibility and power to ensure just punishments.
  • • · It provides a deterrent for prisoners already serving a life sentence. What about people already sentenced to life in prison. What's to stop them from murdering people constantly while in prison? What are they going to do--extend their sentences? Sure, they can take away some prison privileges, but is this enough of a deterrent to stop the killing? What about a person sentenced to life who happens to escape? What's to stop him from killing anyone who might try to bring him in or curb his crime spree?
  • • Morality: "Ultimately, the moral question surrounding capital punishment in America has less to do with whether those convicted of violent crime deserve to die than with whether state and federal governments deserve to kill those whom it has imprisoned. The legacy of racial apartheid, racial bias, and ethnic discrimination is unavoidably evident in the administration of capital punishment in America. Death sentences are imposed in a criminal justice system that treats you better if you are rich and guilty than if you are poor and innocent. This is an immoral condition that makes rejecting the death penalty on moral grounds not only defensible but necessary for those who refuse to accept unequal or unjust administration of punishment." • Bryan Stevenson, JD Professor of Law at New York University School of Law "Close to Death: Reflections on Race and Capital Punishment in America," from Debating the Death Penalty: Should America Have Capital Punishment? The Experts on Both Sides Make Their Best Case 2004
  • • DNA testing and other methods of modern crime scene science can now effectively eliminate almost all uncertainty as to a person's guilt or innocence. One of the biggest arguments against the death penalty is the possibility of error. Sure, we can never completely eliminate all uncertainty, but nowadays, it's about as close as you can get. DNA testing is over 99 percent effective. • ·
  • • And even if DNA testing and other such scientific methods didn't exist, the trial and appeals process is so thorough it's next to impossible to convict an innocent person. Remember, a jury of 12 members must unanimously decide there's not even a reasonable doubt the person is guilty. The number of innocent people that might somehow be convicted is no greater than the number of innocent victims of the murderers who are set free.
  • Islam and Capital Punishment • Islam on the whole accepts capital punishment. • Take not life, which God has made sacred, except by way of justice and law. Thus does He command you, so that you may learn wisdom • Qur'an 6:151 • "
  • Islam and Capital Punishment • "Whoever slays a soul, unless it be for manslaughter or for anarchy in the land, it is as though he slew all men; and whoever keeps it alive, it is as though he kept alive all men; and certainly Our apostles came to them with clear arguments, but even after that many of them certainly act extravagantly in the land. Chapter 5, Verse 120 "The Table" "...do not kill the soul which Allah has forbidden except for the requirements of justice; this He has enjoined you with that you may understand." Chapter 6, Verse 165: "The Cattle
  • Islam and Capital Punishment • According to the Islamic injunctions, death penalty can be administered in two cases only. Firstly, if a person is physically harmed or injured by another, Islam directs the state to provide justice to the individual (or his relatives) by letting him/them harm or injure the guilty to the same extent, as he himself was guilty of harming his victim, in the first place. This concept of punishing the guilty is known as 'Qisaas', which means 'to follow suit' or to deal with the criminal in a manner similar to the act originally committed. In other words, the criminal is to be killed or injured in the same way as he himself killed or injured his victim...
  • Islam and Capital Punishment • Secondly, the death penalty may be administered if the criminal is guilty of 'Hiraabah' or 'Fasaad fil Ardh'. 'Hiraabah' and/or 'Fasaad fil Ardh' include crimes committed against the community, rather than an individual or crimes that are of the nature of religious persecution or crimes committed with the objective of spreading a wave of terror through the community or crimes committed against the state..." •
  • Islam and Capital Punishment • [Editor's Note: The above quote states that only "two cases" exist for which the Qur'an allows the death penalty. The first case is for murder. The second case applies to "crimes committed against the community" which, depending on who is interpreting the Qur’an, may include: treason, apostasy (when one leaves the faith and turns against it), terrorism, piracy, rape, adultery, and homosexual activity.]
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  • Types of Death Penalty
  • Animals • Crushing Elephant Devouring by animals, as in damnatio ad bestias (i.e., as in the cliché, "being thrown to the lions"), as well as by alligators, crocodiles, piranha and sharks. Stings from scorpions and bites by snakes, spiders, etc. (e.g. the "Snake pit" of Germanic legend)[dubious – discuss] Tearing apart by horses (e.g., in medieval Europe and Imperial China, with four horses; or "quartering", with four horses, as in The Song of Roland and Child Owlet). Trampling by horses (example: Al-Musta'sim, the last Abbasid Caliph in Baghdad).
  • Back Breaking • A Mongolian method of execution that avoided the spilling of blood on the ground[2] (example: the Mongolian leader Jamukha was probably executed this way in 1206).[3]
  • • Blowing from a gun • Tied to the mouth of a cannon, which is then fired. • Boiling to Death • This penalty was carried out using a large cauldron filled with water, oil, tar, tallow, or even molten lead.
  • • Breaking Wheel • Also known as the Catherine wheel, after a saint who was allegedly sentenced to be executed by this method. • Berried Alive • Traditional punishment for Vestal virgins who had broken their vows.
  • • Burning • Most infamous as a method of execution for heretics and witches. A slower method of applying single pieces of burning wood was used by Native Americans in torturing captives to death.[4] • Crucifixion • Roping or nailing to a wooden cross or similar apparatus (such as a tree) and allowing to perish.
  • • • • • Crushing By a weight, abruptly or as a slow ordeal. Decapitation Also known as beheading. One of the most famous execution methods is execution by guillotine. Disembowelment • Often employed as a preliminary stage to the actual execution, e.g. by beheading; an integral part of seppuku (harakiri), which was sometimes used as a form of capital punishment.
  • • Drawing & Quartering • English method of executing those found guilty of high treason. • Electrocution • The electric chair. • Falling • The victim is thrown off a height or into a hollow (example: the Barathron in Athens, into which the Athenian generals condemned for their part in the battle of Arginusae were cast).[5] In Argentina during the Dirty War, those secretly abducted were later drugged and thrown from an airplane into the ocean.
  • • • • • • • • • Flaying The skin is removed from the body. Garrote Used most commonly in Spain and in former Spanish colonies (e.g. the Philippines), used to strangle or choke someone. Gas Death by asphyxiation or poison gas in a sealed chamber. Gibbeting The act of gibbeting refers to the use of a gallows-type structure from which the victim was usually placed within a cage which is then hung in a public location and the victim left to die to deter other existing or potential criminals.
  • • Hanging • One of the most common methods of execution, still in use in a number of countries. • Immurement • The confinement of a person by walling off any exits; since they were usually kept alive through an opening, this was more a form of imprisonment for life than of capital punishment (example: the countess Elisabeth Báthory, who lived for four more years after having been immured). • Keelhauling • European maritime punishment.
  • Poisoning • Lethal injection. Before modern times, sayak (사약, ) was the method of capital punishment of nobles (yangban) and members of the royal family during the Joseon Dynasty in Korea due to the Confucianist belief that one may kill a seonbi but may not insult him (사가살불가욕, ). • Pendulum • A type of machine with an axe head for a weight that slices closer to the victim's torso over time. (Of disputed historicity.) • Swing • (Of disputed historicity.)
  • • • • • Shooting By cannon (see Blowing from a gun) By firing squad By a single shot (such as the neck shot, often performed on a kneeling prisoner, as in China).
  • • Stoning • The condemned is pummeled by stones thrown by a group of people with the totality of the injuries suffered leading to eventual death.
  • Thanks From Your Attention