Equal Punishment Stephen Nathanson Analysis
It is a long held truth in society that it is always better to be the bigger person. There is something to be said for those who will not do unto others as those others have done to them. It takes a large amount of strength to overcome the thirst for justice, especially when there is no equitable justice to be had. However, whatever wrong has been done in the past, there is a future and in order to prevent history repeating, perhaps society should look at the example it is setting. Stephen Nathanson asks us to truly delve deeper into the principle of lex talionis and examine if getting what is given is the right path to take when it comes to punishing criminals. Nathanson first takes a look at the Equal Punishment principle, citing Kant when it comes to long held traditions of thought in reference to the death penalty. If punishment is truly meant to be in an “eye for an eye” setting, then the murderer should be killed, sodomizers should be sodomized, and those who torture should be tortured in …show more content…
If someone is naturally anti-social, then time inside a jail cell alone would not cause them as much suffering as to the social butterfly. Measuring different amounts of suffering could be hard to do though, would taking a violin out of the hands of a devoted musician cause more harm than ending his life? Some could argue both would be equitable. The idea of the state personalizing a crime to give someone their ‘personal deserts’ or ‘human deserts’ is time consuming. Surely the scale of punishment with proportionality would be overgrown if there were subsections for each type of individual. After clearly showing the problems with the arguments for the death penalty and the abstractness of the arguments against it, the author still gives no answers. Lex talionis could be the wrong way of doing things and the principle of proportionality simply says to punish proportionally to the
Joshua Marquis Death Penalty Analysis
588 Words | 3 PagesJoshua Marquis is neither a scholar, a jurist, or a crusader for the wrongly accused. Instead he has spent most of his time as a prosecutor. His essay is written from a personal point of view where he supports the death penalty; however, his essay is unlike the average supporter. Joshua Marquis believes capital punishment should be decided based on the following: each case on its own, within its own context, using the specific facts of the case, considering the community where the crime occurred and the background of the defendants. With that being said, Marquis believes that for certain cases the death penalty is appropriate.
Eighth And Fourteenth Amendments Preclude Burden Of Capital Punishment
486 Words | 2 PagesCAPITAL PUNISHMENT Capital punishment is typically considered as a human way to approach to kill the most wickedness criminals and to discourage others from carrying out intolerable crimes. However, the unrestrained expenses of capital punishment cases have states thinking about whether it's justified regardless of the price tag. The lethal established ailment in the discipline of death is that it treats 'individuals from mankind as nonhumans, as articles to be toyed with and disposed of. It is along these lines conflicting with the essential reason of the Clause that even the most awful criminal remains a person had of normal human respect.
The Rescue Defence Of Capital Punishment By Steve Aspenson
744 Words | 3 PagesThis paper will serve to show that capital punishment is not, in fact, ethically permissible. I will argue this by explaining the government’s duty to its people, and how capital punishment is indeed a violation of these prima facie duties. 1. The government has a duty to protect its people from harm (including murder, abuse of power, etc.). 2.
Darrow Death Penalty
2217 Words | 9 PagesWhere they currently lie at the absolute bottom, the death penalty would aid them in providing a swift end to this suffering, Darrow argues. Darrow goes on to juxtapose swift, “merciful” demise to life in prison (Darrow). Where the death penalty is painless, life in prison provides unending torment according to Darrow as he claims to do
Does The Death Penalty Violate The 8th Amendment
405 Words | 2 PagesThe death penalty has been significantly changing according to these six cases: Atkins v. Virginia (2002), Roper v. Simmons (2002), Kennedy v. Louisiana (2008), Graham v. Florida (2010), and Miller v. Alabama (2012). These six cases discuss the “evolving standards of decency”. The “evolving standards of decency” state that the implementation of the death penalty is deemed unconstitutional for certain circumstances, defendants, and crimes. When implementing this test, the courts analyze the most prevalent opinions among the different state legislatures, judges, sentencing juries, and the general public in order to determine whether the use of the death penalty is cruel and unusual.
Evan Miller Case
1038 Words | 5 PagesThe Court relied on distinct “strands of precedent” to justify its Miller conclusion. According to the Court, the two classifications for proportionality challenges are the length of term-of-years, accounting for the attendant circumstances; and categorical restrictions when imposing the death penalty (Darden, 2014). There were five factors introduced with Miller’s case by the Supreme Court. The five characteristics or consequences of juveniles’ immaturity relevant for mitigation of
Innocent Until Proven Guilty: Lester Bower's Death Penalty
1841 Words | 8 PagesWhether a criminal is guilty of committing murder or any other capital offense, they should all be given the same sentence - life in prison. How is it fair to allow them to voluntarily choose the death penalty over prison? Criminals willingly sought to break the law and should endure the lifelong debt they owe not only to society but to the family of the innocent victims whose lives have been taken. As asserted by Robert Johnson, a professor of justice and law, and Sandra Smith, a professor of legal studies, death by incarceration is a more effective and suitable form of punishment than the death penalty (Cromie and Zott 174). Although some might argue that it is unfair to keep a criminal alive, they fail to understand that the freedom they once had is permanently lost.
Walter Berns Arguments Against The Death Penalty
1788 Words | 8 PagesThe United States remains in the minority of nations in the world that still uses death as penalty for certain crimes. Capital punishment is seen by many as barbaric and against American values, while others see it as a very important tool in fighting violent pre-meditated murder. One of the supporters of the Death penalty was a man named Walter Berns (a professor of American constitutional law and political philosophy.) He wrote clearly about his view on the death penalty in his Crime and Delinquency article, “Defending the Death Penalty.” He argued that the “Opposition to capital punishment is a modern phenomenon, a product of modern sentiment and modern thought” (p. 504) and with the help of historical references and logical reasoning throughout
Summary Of The Prisoner's Dilemma By Stephen Chapman
579 Words | 3 PagesStephen Chapman’s essay “The Prisoner’s Dilemma,” compares two different cultures and their ideologies with regards to justice and punishment. Chapman’s topic can definitely be seen as controversial as it questions the morality of both foreign and western societies justice systems. If one is not reading and thinking objectively it can strike a mine is better mindset within the reader in the first page of his argument. The viewpoint he takes is not one that is commonly displayed nor talked about. Stephen Chapman’s claim in the essay is essentially that western societies prison system is a more cruel form of punishment than middle eastern practices of physical harm.
Summary Of Death And Justice How Capital Punishment Affirms Life By Edward Koch
219 Words | 1 PagesThe essay, “Death and Justice: How Capital Punishment Affirms Life”, written by Edward I. Koch is written to persuade the reader to accept the favor of the death penalty. The writer not only states a variety of facts, but he also tries to generate sorrow or even anger at times. He expresses different topics that lead to these emotions throughout the text by using ethos, pathos, and logos. Koch was successful at making the reader favor the death penalty not only because he used these techniques, but he also kept the reading concise. Another solid reasoning that Edward I. Koch uses that mixes with the internal emotions is pathos.
Pros And Cons Of Retributive Justice
1479 Words | 6 PagesToday our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
The Death Penalty In Stephen Nathanson's An Eye For An Eye?
901 Words | 4 PagesDeath Penalty is a very ominous punishment to discuss. It is probably the most controversial and feared form of punishment in the United States. Many are unaware, but 31 of the 52 states have the Death penalty passes as an acceptable punishment. In the following essay, I will agree and support Stephen Nathanson's statement that "Equality retributivism cannot justify the death penalty. " In the reading, "An Eye for an Eye?", Nathanson gives objections to why equality retributivism is morally acceptable for the death penalty to be legal.
Essay On The Death Penalty Is Not Cruel And Unusual Punishment
667 Words | 3 PagesIn America culture, the legal system has provided an equal criminal justice system no matter the race, gender, sexuality, religion, and culture. The death penalty is one of the heaviest debatable topic throughout history. Liberals question the mortality of ending someone life whether it’s a pleasant or virtually unethical ending. Many organizations have dedicated their life to discontinue the death penalty. Ever since the case of Furman vs. The State of Georgia; the legal system has established a guidelines and rules in order to receive the death penalty.
Immanuel Kant's Theory Of The Death Penalty
706 Words | 3 PagesEven though it is true that taking the life of another is not right, it is even truer that the punishment should fit the crime. The death penalty is an exercise of justice that promotes retribution for crime and moral punishment for those who choose to take human life. Also, it prevents society 's worse offenders from re-offending, and it provides justice for the victims whose lives were cut short without a second thought. To better understand why capital punishment is a justifiable act, Kant 's theory gives a clear and logical understanding of the eye for an eye approach. Additionally the utilitarian view also explains why capital punishment is justifiable in regards to comfort for the victim 's family and prevention of re-offending.
Essay On Harsh Punishment
1048 Words | 5 PagesIn the case of the death penalty, it has the added bonus in guaranteeing that the person would not offend again. Supporters of harsh punishments argue that the would-be criminal would consider the costs versus the benefits of committing a crime. If the costs outweigh the benefits, then it is assumed that he would stop what he is doing, effectively ‘deterred’. Furthermore, the usage of harsh punishments to effectively deter crime is ethically justified as it prevents more people from falling victim to crime. However it is extremely difficult to judge a punishment’s effectiveness based on its deterrence effect, consequently we must consider other variables that would entail a person to commit a crime.
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