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Punishment Research Paper Dale Allen SOC/120 08/28/2011 Jill Raichel People all over the world are being arrested and incarcerated every day for various reasons. These can be ranged from abuse of many different types, possession of controlled substances, robbery, assault, and murder. There are four justifications for punishment. These justifications include retribution, deterrence, rehabilitation, and social protection. I would consider retribution to the same as an “eye for an eye” as punishment the offender must suffer the same amount of suffering, or act of moral vengeance of the crime itself. Retribution has been a factor in society since the first writings of Holy Scripture. To commit a crime was to be offensive to society as well as God. In today’s society this type of punishment is still in effect. Deterrence is society’s way of preventing criminal behavior by means of punishment. The mindset of these people in the eighth century was that any punishment would outweigh the benefits of the crime that has been committed. This was put into effect, to hopefully detour people from doing the crime in the first place. The intensions of this was to put a halt to the rising numbers of death penalties by putting the fear into society, they wouldn’t dare commit a crime. Many people argue the effectiveness of this type of punishment because the crime rate is still on the rise. Rehabilitation is a program designed to teach offenders a new way of life to prevent any further occurrences from the offender. Somewhat like deterrence, rehabilitation is about conformity, but rehabilitation promotes positive improvement. With rehabilitation the treatment is designed to fit the offender rather than the crime. By using environmental control inside correctional facilities, offenders can relearn how to become productive members of society. Societal protection is one of the last justifications for punishment. Societal protection is used to protect society from the offenders. This can stop the offenders from committing more crimes, either temporarily or permanently. Society is temporarily protected by imprisoning an offender and a more permanent solution would be done by executing an offender. The American Civil Liberties Union believes the death penalty inherently violates the constitutional ban against cruel and unusual punishment and the guarantees of due process of law and of equal protection under the law (Larson). Furthermore, they hold that the state should not arrogate unto itself the right to kill human beings, especially when it kills with premeditation and ceremony, in the name of the law or in the name of its people, or when it does so in an arbitrary and discriminatory fashion. However not everyone feels this way in regards to capital punishment. Some argue that capital punishment is not cruel or unusual nor does it violate any civil liberty. Nowhere in the constitution does it say it’s illegal to impose the death penalty upon a person or persons found guilty of certain violent crimes under the law. Military law is a very good example since it has always used the death penalty to deter soldier from fleeing during combat or from engaging in treason. “Some murders, like the intentional murder of a rape victim, are so depraved that capital punishment is the only proportional sentence available. The New Hampshire Constitution itself recognizes that punishment must be proportional to the offense (Pt. I, Art. 18) (Center). The New Hampshire Supreme Court has recognized that in order for the public to have confidence in the criminal justice system, there must be a belief that the punishment fits the crime.” – Tom Larson, Capital punishment Some states like New Hampshire and Texas are very open about their stance on capital punishment. The argument has been made that not only is capital punishment effective but it is also cheaper than feeding and clothing an offender for the rest of their lives should they wind up being sentenced to life in prison. Besides the debate of rather or not capital punishment is effective there is also the issue with innocent men possibly being killed for crimes they did not commit which has been brought up by a few different individuals. “Seventeen people have been proven innocent and exonerated by DNA testing in the United States after serving time on death row. They were convicted in 11 states and served a combined 209 years in prison – including 187 years on death row – for crimes they didn’t commit” Anderson Conners, The Death Penalty and Trials. (Anderson) This is certainly something to be considered. Should an innocent man be sentenced to death and later cleared, who is responsible' Innocent blood spilled is innocent blood spilled after all, regardless of the nature of the offense. But beyond all that how much does capital punishment actually deter crime' One study by the American Civil Liberties committee found that “States where Capital punishment is used as a deterrent have no less violent crimes than those who choose to sentence such violent offenders to life in prison.” (Dieter) Another concern is cost. Is it cheaper for a people as a whole to put a man behind bars for the rest of his/her life for serious violent crimes or is it more cost effective to kill them and be done with it' There are several problems involved in trying to determine the cost of a capital case. First, there is a wide variety of costs associated with capital cases. These include costs for prosecuting and defense attorneys, interpreters, expert witnesses, court reporters, psychiatrists, secretaries, and jury consultants. (Dieter) Another problem is the length and complexity of the process. Cases tend to last several years and can pass through three possible phases. (Larson) The first phase includes state trial court (two trials - one to determine guilt, the other for sentence), state Supreme Court, and possible appeals to the U.S. Supreme Court. The second phase is the state habeas corpus (post-conviction process) and appeals. The final phase is federal habeas corpus, which includes appeals to the U.S. Circuit Court of Appeals and to the U.S. Supreme Court... A third problem is the way states budget money for entities that are involved with capital cases. For example, Texas and Connecticut allocate specific sums to their judicial departments. It is difficult to separate the costs each department incurs for capital cases from those for other cases. So with all things considered it is easy to see the cost of a trial which will determine the life or death of an individual is relatively the same as keeping them in prison for life. (Dieter) “Throughout the United States, police are being laid off, prisoners are being released early, the courts are clogged, and crime continues to rise. The economic recession has caused cutbacks in the backbone of the criminal justice system. In Florida, the budget crisis resulted in the early release of 3,000 prisoners. In Texas, prisoners are serving only 20% of their time and rearrests are common. Georgia is laying off 900 correctional personnel and New Jersey has had to dismiss 500 police officers. (Center) Yet these same states, and many others like them, are pouring millions of dollars into the death penalty with no resultant reduction in crime.” - Richard C. Dieter, What Politicians Don't Say About the High Costs of the Death Penalty (Dieter) This brings up a very valid point. Does budget effect how we deal with crime' Can potentially dangerous criminals possibly be released early when we are on a budget pinch' Does this mean we should favor killing such individuals instead to eliminate this concern' These are not easy questions to answer but they are issues we are forced to face each day. In conclusion I am arguing that capital punishment is a relic practice from an older and more primitive time. Under the death penalty innocent men can potentially be killed for crimes they are not guilty of. The morality of the law is also in question, should we even have the death penalty in an age and country that considers itself advanced, civilized and ethical' Sending a man to a death trial is pretty much just as expensive as feeding and clothing him for the rest of his life. Also we’re a country that believes in rehabilitation, how can you rehabilitate a person that you have put to death' Then you have the biggest argument of all, what happens if we sentence a man to die who is later revealed to be innocent' All in all I feel it is safe to say that capital punishment has no place in the world nor is it very effective. I would also like to point out, before I forget, that all the current data shows that states who impose the death penalty as a deterrent or punishment for crime see just as much murder and violent crimes as states that do not. The death penalty is parading through the streets of America as if it were clothed in the finest robes of criminal justice. Most politicians applaud its finery; others stare in silence, too timid to proclaim that the emperor has no clothes. Instead of confronting the twin crises of the economy and violence, politicians offer the death penalty as if it were a meaningful solution to crime. At the same time, more effective and vital services to the community are being sacrificed. People and citizens alike should be told the truth about the death penalty. They should understand that there are programs that do work in reducing crime, but the resources to pay for such programs are being diverted into show executions. Being sensible about crime is not being soft on crime. Does punishment deter crime' Testing deterrence is not statistically easy because the likelihood of punishment is not the only thing that determines how often a crime is committed. REFERENCES: Does punishment deter crime, Retrieved 08/27/2011 from: http://www.nationalaffairs.com/public_interest/detail/does-punishment-deter-crime Anderson, Conners. "The Death Penalty and Trials.". eQUALITY press, 22 May 2007. Center, A Report from the Death Penalty Information. "Smart on Crime:Reconsidering the Death Penalty." 2009. Dieter, Richard C. http://www.deathpenaltyinfo.org/node/599. 2011. 13th aug 2011 http://www.deathpenaltyinfo.org/node/599 Larson, Tom. Capital Punishment. 8 May 2009. THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY, REPUDIATING DEATH, retrieved 8/27/2011 from http://ehis.ebscohost.com/eds/pdfviewer/pdfviewer'sid=3de95670-cc8a-4684-8ad8-524ca368c22c%40sessionmgr11&vid=10&hid=5