Essay Title: 

Sentencing

April 3, 2016 | Author: | Posted in english literature, literature and language

The Arbitrary Nature of the Death Penalty

To define the death penalty as arbitrary based on the notion that arbitrary is deemed an entity that is done capriciously or at pleasure ‘ is an oddball notion . While there can be many credible arguments both for and against the use of the death penalty , the addition of the words capricious ‘ and pleasure ‘ are intellectually droll , at best , and downright idiotic at worst

If one does wish to use the term capricious from a legal standpoint then one would probably define the term to be [banner_entry_middle]

synonymous with unpredictable . That definition does make sense when it is put side by side with certain facts such as the situation in Alabama where the definition of which crimes are punishable by death is hard to decipher

A recent editorial in The Birmingham News criticized the costly and unfair nature of Alabama ‘s capital punishment system . It also called on state legislators to , at a minimum , take steps that would limit the number of crimes eligible for the death penalty . The news , which recently wrote a series of editorials changing its long-standing support for capital punishment and calling on the state to abandon the use of the death penalty , noted more varieties of murder qualify for the death penalty in Alabama than in most states , and some prosecutors charge every crime that qualifies as a capital crime (Anon – Death Penalty Information Center

How do we define the pleasurable ‘ institution of the death penalty Must we be presented with laughing and joking judges , jurors , lawyers and politicians ? Do we present to the record the possibility that the execution of a prisoner lead to an increased quality of life for random people

The disembodied strangeness of connecting some belief that pleasure is the motivating factor in the perpetuation of the death penalty is visible in the following excerpt

Friends accept the Biblical teachings that every human life is valuable in the sight of God , that man need not remain in his sinful state but can repent and be saved , that God loves the sinner and takes “no pleasure in the death of the of the wicked ” but longs “that the wicked turn from his way and live ” Ezekiel 33 :11 (Anon

This brings up an important notion : what defines pleasure ? What about the varying degrees of pleasure ? After all , there is happy , jovial aloof , overjoyed , secular hedonism , etc . To which do we use as a barometer to define the capricious pleasure derived from the death penalty . What about pleasure ‘s opposite , misery ? If 85 of the population decides that it is opposed to the death penalty and are downright miserable because of it , do we expand the use of the death penalty in light of the fact there is an absence of pleasure ? Or what if the person being executed is happy to die ? Do you cease the execution so as to avoid the arbitrary situation of a pleasurable death

Again , there are many intellectual and logical arguments that… [banner_entry_footer]

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