Running head: CAPITAL PUNISHMENT
1
CAPITAL PUNISHMENT 2Capital Punishment
Saint Leo University
Capital Punishment
Capital punishment has been a long tradition practiced for thousands of years, as a method to cast final judgment on the person for an act committed against the laws of the land. Since the days of biblical times, harsh laws of death by various means have been practiced to remove the member from the land of the living for a crime regardless of guilt or innocence. The internal effect of the execution was witnessed by the members of the community, to show the result of a certain crime committed, along with the punishment associated with the crime. Some areas of the world were more severe than others, some were more humane than others, with the result of death remaining constant.
Today, the crimes of individuals are mandated by the laws placed into action by elected officials who determine the fate of the accused. The United States has the least amount of executions by various forms (lethal injection) compared to most other world countries (Amnesty International, 2017). The reality is the process to end another person’s life regardless of the crime or charge is a permanent result that most countries consider as the best method for prison population control. “Based on data from all 50 states from 1978 to 1997, each state execution deters an average of 14 murders annually,” (Muhlhausen, 2014).
The United States court system does have various laws that are designed to deter citizens from committing acts that warrant the death penalty. However, in the last twenty years, the United States has seen a dramatic increase in mass casualty events. Many of these developments involved active shooters who were determined to commit the mass execution of innocent citizens for reasons unknown. The question remains if these individuals should receive the death penalty for crimes committed or receive the death sentence for their participation in mass murder. To discuss the decisions surrounding the justified use of capital punishment, two specific cases of mass casualty events, active shooter cases, and description of the position to support the use of capital punishment in individual cases.
It is not the intention to cast judgement on the difficult task a jury must do deciding the fate of a suspect. However, the information discussed will provide insight to the possible rational for issuance of the death penalty for crimes committed against humanity.
Act of Terror Discussion
Armstrong (2017) asserted that prior to September 11th, 2001, many Americans were not really aware of the act of terror terminology. In retrospect, acts of terror were contained to foreign country soil with the exception of the Oklahoma City Federal Building explosion, classified as a mass casualty event. Without question, September 11th 2001, a day we all will never forget, brought the term of act of terror into light as thousands of Americans died in the dest ...
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Running head CAPITAL PUNISHMENT1CAPITAL PUNISHMENT 2Capital.docx
1. Running head: CAPITAL PUNISHMENT
1
CAPITAL PUNISHMENT 2Capital Punishment
Saint Leo University
Capital Punishment
Capital punishment has been a long tradition practiced for
thousands of years, as a method to cast final judgment on the
person for an act committed against the laws of the land. Since
the days of biblical times, harsh laws of death by various means
have been practiced to remove the member from the land of the
living for a crime regardless of guilt or innocence. The internal
effect of the execution was witnessed by the members of the
community, to show the result of a certain crime committed,
along with the punishment associated with the crime. Some
areas of the world were more severe than others, some were
more humane than others, with the result of death remaining
constant.
Today, the crimes of individuals are mandated by the laws
placed into action by elected officials who determine the fate of
the accused. The United States has the least amount of
2. executions by various forms (lethal injection) compared to most
other world countries (Amnesty International, 2017). The
reality is the process to end another person’s life regardless of
the crime or charge is a permanent result that most countries
consider as the best method for prison population control.
“Based on data from all 50 states from 1978 to 1997, each state
execution deters an average of 14 murders annually,”
(Muhlhausen, 2014).
The United States court system does have various laws that are
designed to deter citizens from committing acts that warrant the
death penalty. However, in the last twenty years, the United
States has seen a dramatic increase in mass casualty events.
Many of these developments involved active shooters who were
determined to commit the mass execution of innocent citizens
for reasons unknown. The question remains if these individuals
should receive the death penalty for crimes committed or
receive the death sentence for their participation in mass
murder. To discuss the decisions surrounding the justified use
of capital punishment, two specific cases of mass casualty
events, active shooter cases, and description of the position to
support the use of capital punishment in individual cases.
It is not the intention to cast judgement on the difficult task a
jury must do deciding the fate of a suspect. However, the
information discussed will provide insight to the possible
rational for issuance of the death penalty for crimes committed
against humanity.
Act of Terror Discussion
Armstrong (2017) asserted that prior to September 11th, 2001,
many Americans were not really aware of the act of terror
terminology. In retrospect, acts of terror were contained to
foreign country soil with the exception of the Oklahoma City
Federal Building explosion, classified as a mass casualty event.
Without question, September 11th 2001, a day we all will never
forget, brought the term of act of terror into light as thousands
of Americans died in the destruction of the Twin Towers (World
3. Trade Center) in New York City.
Acts of terror are defined by the Antiterrorism and Effective
Death Penalty Act of 1996 states the following: federal
definition of terrorism, “section 2332 of U.S. Code 18C113B is
calculated to influence or affect the conduct of government by
intimidation or coercion, or to retaliate against government
conduct…killing or attempted killing during an attack on a
Federal facility with a dangerous weapon… and killing or
attempted killing of officers and employees of the United
States,” (Wallace, 2010).
Armstrong (2017) continued to state that according to the
definition of an act of terror, there are specific criteria that
must be met in order to classify an action committed by a
person against society, an act of terror. It is clear that in the
case of Nidal Hasan, he attempted to kill members of the
Federal Government during an attack on a Federal facility.
Nidal Hasan’s attack was premeditated, calculated, and planned
to target members of the military and Department of Defense
civilians. Nisan was quoted to state an Islamic phrase prior to
committing his act of terror. However, there no concreate
evidence presented in his case that proved without question he
was motivated by a dedication or affiliation to a known terrorist
Islamic group.
Armstrong (2017) continued to assert that the acts of terror on a
global scale, and the terror actions experienced in the United
States since September 11th, 2001, have created a global
response to legislation, preparation, laws, and regulations, to
deter members from acts of terror. For example, each American
that travels abroad experience the search process of the
Transportation Security Agency (TSA), who performs a search
of all passengers and employees of airport travel operations.
Germany passed a series of antiterrorism laws and regulations
that are designed to deter acts of terror and the effect against
German citizens. “Securing internal and external peace, freedom
and social welfare is one of the most prominent goals of a
democratic society and its institutions. In Germany, as in other
4. modern societies, security plays an important role in the public
debate,” (Glaessner, 2003).
Active Shooter, Mass Shooting Incident Discussion
Armstrong (2017) stated that an active shooter is an individual
actively participating or engaged in shooting multiple people in
a group setting. The Federal Bureau of Investigation designates
shooters of this type as an active shooter that participates in
mass shootings. Mass shootings are designated as shooting
events that involve the injury or death of three or more
individuals in one populated area (Active Shooter Resources,
2016). In order for the incident to be designated a mass
shooting, there must be an active shooter in addition to the
shooter committing mass gun related violence in a well
populated area (Active Shooter Resources, 2016). It is
important to note that overall designation of an active shooter in
a mass shooter classification must meet both criteria of active
shooter and mass shooter (multiple injury or deaths of three or
more people in the same populated area) for the eventual
classification as a mass shooter (Armstrong, 2017).
Active shooters and mass shooters have become a well-
documented media event over the last twenty years as multiple
individuals have participated in these unfortunate terrible mass
shooting crimes. As the mass shooter definition states, the
results of these forms of crimes end in the death or injury of
many innocent people. Mass shootings do not have a
classification based on the style of firearm used during the mass
shooting incident. Mass shooters use any firearm to commit gun
related crimes regardless of the actual firearm classification
(Armstrong, 2017).
Capital Punishment
The reality of the multiple cases discussed is to understand
that possibilities of implementing the death penalty for mass
shootings are an option that should be considered. The various
increase in mass casualty incidents combined with active
5. shooter engagements indicates a sharp increase in citizens
convinced that mass casualty events would equal life in prison
vice execution. It will be interesting to observe that differences
in laws and application of the law when jury members are faced
with a decision and recommendation.
Mass murder events combined with active shooter cases may
continue to increase, and the laws must be prepared to curtail
the growth of these events. Criminal are mostly not deterred by
spending time in jail for crimes committed for murder. For
example, Chania currently leads the world in executions for
crimes committed against the laws of the land. Moreover,
China, unlike all other nations, confers the penalty shortly after
judgment is decided for the death penalty (Muhlhausen, 2014).
The legal system will continue to provide the outcome of
members on trial and those that the jury decides who deserves
the death penalty for crimes committed against society.
6. References
Amnesty International. (2017). Retrieved September 15, 2017,
from
https://www.amnesty.org/en/documents/act50/5740/2017/e
n/.
Armstrong, J. (2017). Fort Hood Shooting, A Brief Analysis.
Unpublished Manuscript. Saint Leo University.
Glaessner, G. (2003). Internal Security and the New Anti-
Terrorism Act. German Politics, 12(1),
43-58.
7. Muhlhausen, D. B. (2014, October 03). Capital Punishment
Works: It Deters Crime. Retrieved
September 15, 2017, from
http://dailysignal.com/2014/10/04/capital-punishment-works-
it-deters-crime/.
Wallace, L. (2010, February 23). What Qualifies as Terrorism?
Retrieved July 08, 2017, from
https://www.theatlantic.com/national/archive/2010/02/what
-qualifies-as- terrorism/36410/.