Death Penalty Thesis Statement Examples The death penalty, or capital punishment, refers to punishment by death imparted to a person by a state or a legal framework. Because of the nature of the punishment, the death penalty raises a plethora of human-rights issues, which, consequently, has led to its abolishment in a majority of countries across the globe. However, despite the controversies surrounding it, it is still practiced in one form or another in about 58 countries. The death penalty has been a staple form of punishment throughout human history and across societies, largely reserved for perpetrators of especially heinous crimes the qualitative judgment of which varies from society to society.
The punishment fit the crime;"1 What is a Mandatory Sentence? Before embarking upon a detailed consideration of this topic it is essential that the subject matter be defined.
In other words, the judicial officer has no discretion to impose a higher or lower sentence depending upon the nature of the crime. Mandatory sentences by definition fall foul of the fundamental principle of law that a sentencing court should not impose a punishment which does not fit the crime.
The thesis of this paper is that the imposition of mandatory sentences is inconsistent with proper sentencing principles. The Criminal Justice System In the Australian Law Reform Commission identified two main criteria by which the community will judge the justice of the criminal justice system.
Secondly, the system must be consistent in the apprehension, identification and punishment of offenders. The need for consistency pervades all elements of the system.
One of the most damaging criticisms that can be made of any aspect of the criminal justice system is that it is inconsistent. This is so whether the inconsistency is in sentencing, or differential police or prosecution practices".
The Purpose of Sentencing In the New South Wales Law Reform Commission identified the objectives and aims of punishment as being "retribution, deterrence, rehabilitation, incapacitation and denunciation". To that might be added the secondary but multiple factors which may be regarded as mitigating in the penalty.
Thus, in Pavlic v. The Queen7 Justice Slicer referred to studies in Australia and England which had shown that judges had identified over factors which might mitigate a sentence. He concluded that "it is impossible to allocate to each relevant factor a mathematical value, and from that, extrapolate a sum which determines the appropriate penalty".
In determining what emphasis should be given to any one of the factors, it is important to bear in mind that: In all civilised countries, in all ages that has been the main purpose of punishment and it still continues so. The fact that punishment does not entirely prevent all similar crimes should not obscure the cogent fact that the fear of severe punishment does, and will, prevent the commission of many that would have been committed if it was thought that the offender could escape without punishment, or with only a light punishment.
If a Court is weakly merciful, and does not impose a sentence commensurate with the seriousness of the crime, it fails in its duty to see that the sentences are such as to operate as a powerful factor to prevent the commission of such offence.
On the other hand, justice and humanity both require that the previous character and conduct, and probable future life and conduct of the individual offender, and the effect of the sentence on these, should also be given the most careful consideration, although this factor is necessarily subsidiary to the main considerations that determine the appropriate amount of punishment".
Punishment is the means by which society marks its disapproval of criminal conduct, by which warning is given of the consequences of crime and by which reform of an offender can sometimes be assisted. Criminal sanctions are purposive, and they are not inflicted judicially except for the purpose of protecting society; nor to an extent beyond what is necessary to achieve that purpose.
Cuthbert 86 WN Pt. But all purposes may be reduced under the single heading of the protection of society, the protection of the community from crime.
The sentence should be such as, having regard to all proved circumstances, seems at the same time to accord with the general moral sense of the community and to be likely to be a sufficient deterrent both to the prisoner and others: Courts have not infrequently attempted further analysis of the several aspects of punishment Reg v.
Goodrich 70 WN NSW 42where retribution, deterrence and reformation are said to be its threefold purposes. In reality they are but the means employed by the Court for the attainment of the single purpose of the protection of society'.
Retribution, deterrence and reformation are related, however, to the specific conduct in respect of which the offender is sentenced. Deterrence whether of the offender or others from committing other kinds of crime, reformation in respect of other failures, or retribution for other kinds of social misconduct are not purposes to which the judicial discretion in sentencing is directed.
But a sentence which is imposed with the object of deterring the offender from committing offences of the same kind again, and with the object of rehabilitating him by reducing or eliminating the factors which contributed to the conduct for which he is sentenced, serves the appropriate purpose provided that the sentence is apt to secure those objects The lex talionis may be an efficient law for protecting society from criminal recidivists, but it has no place in the administration of contemporary criminal justice.
Sometimes, where the protection of society from a dangerous offender cannot be reasonably secured without imposing a lengthy or indefinite sentence of imprisonment, the interests of the offender have to be overridden although only where stringent criteria are met: Hodgson 52 Cr.
In other cases, the interests of the offender are more evenly balanced against the protection of society, and the offender is sentenced to a shorter period of imprisonment, or no imprisonment at all. The sentence is moulded by reference to its appropriateness to deter, to rehabilitate and to provide retribution relevant to the conduct in respect of which the sentence is imposed, and its severity is limited to what is reasonably necessary to secure the protection of society balanced against the offender's liberty and physical integrity.
Though guidance is thus given in the exercise of the sentencing power, the sentence depends largely upon the pragmatic evaluation by the court of the weight to be given to the various factors It was the unanimous view of the Court in Veen [No.
Some idea of the durability of the principle of proportionality in sentencing can be seen from the following outline: It is an old idea which has been expressed in both lay and legal literature in a variety of ways.
The lex talionis of the book of Exodus required a high degree of equivalence between the offence and the sanction:Apostasy in Islam (Arabic: ردة riddah or ارتداد irtidād) is commonly defined as the conscious abandonment of Islam by a Muslim in word or through deed.
It includes the act of converting to another religion or non-acceptance of faith to be irreligious, by a person who was born in a Muslim family or who had previously accepted Islam. The definition of apostasy from Islam, and. Writing a research paper is an important skill you need to learn.
In order to do a paper properly you need to keep a few things in mind which will be outlined below. 20 great accounting topics for your research paper. Auditing collusion.
This topic can cover auditing in general or a specific area of auditing depending on the . "Thesis Statement Of Death Penalty" Essays and Research Papers Thesis Statement Of Death Penalty Abolishing the Death Penalty October 18, Abolishing the Death Penalty The death penalty has been an active force in the United States for decades.
In fact, the death penalty is [thesis statement]. Example Opening Claims for Death Penalty Certain crimes require a o-strong="er punishment for deterrence and capital punishment is the ultimate deterrent.
One of the most popular topics for an argument essay is the death penalty. When researching a topic for an argumentative essay, accuracy is important, which means the quality of your sources is important. If you're writing a paper about the death penalty, you can start with this list of sources.