If the nature of sentencing for any crime is based on a preset notion of appropriate retribution , then the death penalty would have to meet the criteria as set forth by the governing body that creates such guidelines . With such a clearly defined set of rules , judicators would not be allowed the privilege to exercise arbitrarily decided upon sentences . Instead the rules and application standards for sentencing the guilty to the death penalty would be a responsibility and not an authority . However the nature of law and its most basic application is [banner_entry_middle]
interpretation . This power afforded to judicial bodies and the fact that two individuals can , and in many times will , come to separate decisions based on presentable facts , then the arbitrary nature of applying the law would be an inevitable consequence of sentencing
Long standing debates surrounding the use of the death penalty in democratic nations is usually based upon the opposition of the idea of sentencing innocent people to the most extreme and irreversible punishment for crimes . There is also the fact that some individuals are put to death for the same crime that others are sentenced to prison and in some cases with the potential for parole and release exists in the punishment handed down by the judge and faint hope clause . The reason why this debate is so multi faceted is in the basis of one ‘s right to take the life of another . And more so , who ‘s right is it to decide upon such a penalty
Many countries still use the death penalty as a means of deterring crime and dealing with the worst products of their societies . It is difficult to present statistical or empirical data to suggest that carrying the death penalty for capitol crime has any effect on the murder rates . The major contributing factor for this is that many of these countries have carried the death penalty for so long in their history (before crime rates and statistical social information ‘s were gathered ) there is no way to suggest that abolition of the practice of punishing serious crimes by capitol punishment would have an effect on murder rates and crimes punishable by death in prescribed countries
In to examine and comment on the actual inconsistencies of sentencing and application of the death penalty , for the sake of this commentary the application of capital punishment and the way in which it is administered will be compared and examined in the United States justice system and in particular those states that still use and administer the punishment . Currently there are 12 states that do not apply or use the death penalty in it penal code as a punishment . Non of these states have experienced a statistical increase in the murder rate In fact many studies conducted nationally and internationally demonstrate that the death penalty is not a deterrent to crime . The FBI Uniform Crime Report for the year 2004 showed that there was a drop in the crime rate as well… [banner_entry_footer]
Author: Essay VaultThis author has published 9453 articles so far. More info about the author is coming soon.