Capital Hammurabi Capital punishment has existed for

April 20, 2019 Human Rights

Capital punishment has been defined as execution of an offender sentenced to death after conviction by a court of law of a criminal offense by the Britannica Dictionary. Capital punishment could be dated back in ancient times (c.1750 BC) from the Code of Hammurabi Capital punishment has existed for millennia, as evident in ancient times (c.1750 BC) from the Code of Hammurabi and Plato’s famous rendition of Socrates’s trial and execution by democratic Athens in 399 B.C.E. From the fall of Rome to the beginnings of the modern era, capital punishment was practiced throughout Western Europe. However, the United States only started Capital Punishment in 1977. In the same time period, Oklahoma became the first state to authorize lethal injection. Today, 36 states and the federal government have reinstituted the death penalty. Currently, the law concerning capital punishment could be found in the U.S. Code of Justice, in Title 18, Part II, Chapter 228, Sec. 3591. “Sentence of Death”. It states in the Code of Justice the following are guilty of being put into Capital Punishment: “intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act, shall be sentenced to death” and must be imposed through a finding of a jury and not a judge . Capital Punishment forces villainous killings to be unacceptable in our society and to protect the citizens in our community. The policy regarding Capital Punishment in America is outdated and inconsistent, it should be changed to a nation-wide law to have capital punis
Most modern philosophic attention to capital punishment emerged from penal reform proponents. The mid-twentieth century emergence of an international human rights regime and American constitutional controversies sparked a new philosophic focus on theories of punishment and the death penalty. The central philosophic question about capital punishment is one of moral justification: on what grounds is deliberate killing of identified offenders a morally justifiable response to voluntary criminal conduct, even the most serious of crimes, such as murder?
In Metaphysics of Morals, Kant gave an informative analysis of concepts such as what constitutes “crime” and “punishment”. The society and state are founded upon certain legal and moral norms and laws, violation of which is very harmful for the society. Therefore, a violator of these laws must be punished. Kantian justification for punishment assumes that the punished actually chose their actions autonomously, using their own rationality. For Kant, giving criminals what they deserve is the only legitimate reason to punish them. If the purpose of the punishment is to promote happiness, then it is a violation the categorical imperative by treating them as a mere means to an end. By punishing a criminal, it is respecting his ends according to Kant since they are being treated in a way people ought to be treated. Therefore Capital Punishment is in accordance with the principles that he has endorsed through his actions. For Kant, this would be a way of “sharing in his ends”. According to Kant, any person who can feel shame would prefer death to a lifelong imprisonment, while the life of those who have no dignity or shame is worthless.

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