Death Penalty: James a Inciardi Perspective Essay

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Updated: Nov 27th, 2023

The author opposes the death penalty with very robust opinions. The author’s views indicate that he does not support the form of punishment, which is accepted by about 60 percent of Americans. The author thinks that the death penalty does not play a role in the rehabilitation of offenders (Inciardi 24).

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The author believes that the verdict for capital punishment to individuals does not affect the perception of other potential criminals. This is because people normally think irrationally when they commit murder crimes. The author believes that individuals irrationally during crimes makes the punishment unrealistic (Inciardi 60).

There are situations when the Supreme Court has handed down the punishment to innocent Americans. This is disturbing because in most cases suspects who are unable to secure substantial legal assistance may fail to prove their non – culpability.

The author perceives the arguments that capital punishment deters other potential offenders as misplaced. This is because studies indicate that it does not necessarily stop other people from committing a criminal offence (Inciardi 80). The punishment also fails to reduce criminal activities in America.

The author questions the Supreme Court’s motivation in delivering capital punishment to alleged criminal offenders. He wonders whether they are motivated by the need to revenge for the death of another American. It is notable that legal revenge helps the public to appreciate social cohesion against suspected offenders (Inciardi 363).

Furthermore, the Supreme Court seeks to prevent the possibilities of the people affected carrying out private revenge. It is notable that murder cases are common in the states that have approved death penalties (Inciardi 387). This is different when compared with the states that have abolished the form of punishment.

Argumentative Discussion about Death Penalty

The death penalty debate in America remains controversial because people have failed to reach a consensus. The states where death penalty is abolished have achieved massive gains. It is notable that some states have managed to expunge the capital punishment from their regulations. It is noteworthy that a greater number of Americans support the death penalty (Bedau and Paul 57). However, there is an escalated interest in the number of politicians supporting the death penalty.

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This change of leadership coincides with similar thoughts in the presidency. This has caused issues noting that the court exonerated some suspected criminals. In America, it appears the problem of death penalty has been in its application (Bedau and Paul 57). First, only a few states still sanction death penalty.

It is notable that the application of death penalty to punishing criminal offenders does not automatically result into reduced cases of murders in the region (Stearman 38). Furthermore, many people have failed to enlist the services of great lawyers thus making it hard for them to defend themselves even when they are innocent.

The many explorations into whether the death penalty has a deterrent effect among potential criminals reveal a different result. The proponents of the capital punishment argue that the verdict normally deters other people from repeating the crime (Stearman 34). The proponents of the abolition of the punishment have also used their knowledge of the fact that states that still allow death penalty have higher murder cases.

The proponents of the abolition have made meaningful achievements through their focus on practicable concerns about death penalties rather than moral reasoning (Stearman 12).

They have argued that most families of suspected criminals normally use massive financial outlay during the proceedings; yet making a decision to lock the offenders for good without pardon would be cheaper than executing them (Stearman 40). The supporters of death penalties also present counter arguments that the costs of keeping the offenders in jail for so many years are detrimental to the country.

The proponents of the capital punishment also argue that death penalties minimize the cases of homicides. They argue that reasonable doubt should not be used in challenging the notion that death penalty has a deterrence value in the community (Stearman 36). Conversely, those against the capital punishment have argued that death penalty has not deterrence. They also provide the examples such as in the states implementing the execution policy and the escalating murder cases.

The proponents of the capital punishment also suggest that crime rates are escalating in the country due to the many offenders who normally go back on the streets after their charges. Therefore, they suggest that executing the murderers would help the Americans live in peace. However, the proponents of abolition also wonder whether declaring that every murderer must be murdered would not amount to revenge (Burkhead 10). In fact, they argue that some of the suspects may be innocent Americans who are framed in murder trials.

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The proponents of the capital punishment have also argued that committing a crime is free will and no American is compelled to kill another people. Therefore, the free will must be used to charge them for those murders. The opponents argue that every average American can kill any minute because when people engage in the acts they normally do it when they are irrational (Burkhead 10). Indeed, this is the grounds for seeking the beyond reasonable doubt while prosecuting murder trials.

Personal Opinion

Personally, I oppose death penalties because it is inhumane. The execution of fellow human beings is just unbearable. It is always very painful to see someone being killed using chemicals while they are tied on strong beds. The pain of seeing someone struggle with the sting of the chemicals on their body is always unbearable (Bedau and Paul 57). Furthermore, there are cases where the procedure for executing the offenders are not followed strictly thus leading to longer hours of execution.

The notion that Americans who are suspected of murder and a death penalty handed upon them are not criminals persuades me that America could be killing innocent people. This has been the case when some high profile appeals are made and the suspects who were just waiting for their execution are released because they are innocent (Bedau and Paul 60). The appeals are sometimes able to prove that the people whose executions are pending may have been framed for the murder of other individuals.

There has been the case of legal services provision to capital offences suspects. The financial base required for legal services is always very high. Therefore, the average American who is accused of murder and the family cannot raise the resources may eventually lose their cases because poor legal representation or self-representation (Bedau and Paul 378).

In this case, the lawyers on the opposing sides normally frame their case in such a way that the innocent American fails to understand how to provide appropriate answers. This has been a bad precedence because it normally leads to the execution of innocent Americans because they did not have proper legal representation.

Works Cited

Bedau, Hugo A, and Paul G. Cassell. Debating the Death Penalty: Should America Have Capital Punishment? : the Experts on Both Sides Make Their Case. Oxford: Oxford university press, 2004. Print.

Burkhead, Michael D. A Life for a Life: The American Debate Over the Death Penalty. Jefferson, N.C: McFarland & Co, 2009. Print.

Inciardi, James A. Criminal Justice. Fort Worth: Harcourt Brace College Publishers, 2009. Print.

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Stearman, Kaye. The Death Penalty. New York: Rosen Pub. Group’s Rosen Central, 2007. Print.

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IvyPanda. (2023) 'Death Penalty: James a Inciardi Perspective'. 27 November.

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IvyPanda. 2023. "Death Penalty: James a Inciardi Perspective." November 27, 2023. https://ivypanda.com/essays/death-penalty-james-a-inciardi-perspective/.

1. IvyPanda. "Death Penalty: James a Inciardi Perspective." November 27, 2023. https://ivypanda.com/essays/death-penalty-james-a-inciardi-perspective/.


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IvyPanda. "Death Penalty: James a Inciardi Perspective." November 27, 2023. https://ivypanda.com/essays/death-penalty-james-a-inciardi-perspective/.

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