Kafka shows that in In the Penal Colony, however complicated and advanced technology may be, without a just law, the technology will prove to be ineffective and will come crumbling down. The law in Kafka’s story, comes off as very unfair and unjust. “’Does he know his sentence?’ … ‘No’ … ‘He doesn’t know the sentence that has been passed on him?’ ‘No’” (Page 144-145). The condemned man was not allowed to know neither his sentence nor if he has been sentenced. The man was sentenced to death with even a trial to defend himself.
It can lead to poor case preparation and investigations. Some judges and attorneys argue that plea bargaining has led to attorneys not taking the time to properly prepare their cases and poor police investigations. They believe that, rather than pursuing justice, the parties would rely on making a deal, where the details of what happened and their legal consequences will become less important. 3. It might be biased to the prosecution party.
Proponents of capital punishment would argue that one major reason that our country allows capital punishment is to deter crime and to punish violent criminals who commit atrocious and horrific crimes. The main reason that the Supreme Court ruled it was unconstitutional to enact the death sentence on those who commit crimes under 18, in the 2005 landmark case of Roper v Simmons, it that it is thought that these juveniles lack the ability to curb impulsive behavior and also are sometimes, unlike adults, unable to escape their environment, where criminality may be prevalent. The Supreme Court thus ruled that it is unconstitutional and a violation of juveniles rights under the 8th Amendment and constituted cruel and unusual punishment to inflict death on one so young. Whether this is actually a justified ruling comes under debate as well, when reading about some of the atrocities that juveniles commit, specifically in this case where the actions of the juveniles involved were
I myself find that the facts supporting to abolish the death penalty outweigh any reason to continue to uphold it. With a broken judicial system leading to death row. It is littered with racial and economic hardships inadequacies and flaws innocent people are being sentenced to death court systems bottlenecked with motions and procedures that only prolong the impending doom. Many People argue that the worst of the worst of the worst should be put to death and that there is no reason to hold out with hopes that they will change. Other argue that the we must keep the death penalty for a deterrent.
They say that those who commit the most serious crimes do not think that they can be caught, nor on what punishment they can get. Often, the ill people who commit crimes, and those can hardly execute? They may not even know that they have killed
Capital Punishment violates the 8th amendment, it is labeled as cruel and unusual punishment. Capital punishment also violates the constitutional guarantee of equal protection, by putting you in a building where anything can happen for the time being. Capital punishment does not protect the felon but only the victim and the citizens. The felon would be more protected in prison or jail rather than Death Row. After the fact of the felony, all the felons rights are stripped away.
So taking the life of anyone, particularly when it is basically for revenge, it makes us just as barbaric as the murderer. Nevertheless, people like to argue that capital punishment conveys closure and relief to the victim 's family knowing that the murderer is dead. However, in the event that we end the life of an individual, liable or not, we have just integrated violence to the nations and it makes us no better than the person. A statement found in my exploration verbally communicates “Turning away from capital punishment does not diminish our support for the families of murder victims.... But killing the guilty does not honor the dead, nor does it ennobles the living.”(“Capital Punishment...”).
The principle of proof beyond reasonable doubt should not be stretched. The extreme concern suggested in the stance that a thousand guilty men go out but one innocent martyr shall not suffer is a false dilemma. Only reasonable doubts belong to the accused. Otherwise any practical system will then break down and lose credibility with the community. All the criticism pointed out against the principle of ‘presumption of innocence” has been applied and misused by weak and incompetent judges.
Lee J. Cobb wanted to give a guilty verdict to the accused just because of his personal bias. But as we know, law works on a fair and impartial system allowing no prejudices. A jury doesn’t allow a person with a biased mind to participate in giving a verdict whereas in the movie it did. Thirdly, there was a lack of medical and forensic support in the story. If the juror 5 would not have been there to state the impossibility of a shorter man stabbing a taller man in
As aforementioned, people rule in a democracy. In different circumstances, an autocratic regime would cost its people quite a number of things. Not only will its people be stripped off of their rights, corruption will also still be an issue and freedom to an extent would only be up to the dictator. Although this may be the case, there are certain advantages in authoritarianism. First and foremost, it would be relatively easier to achieve order and discipline.