Death Penalty: Social Attitudes and Modern Alternatives
The issue of the death penalty raises deep emotions on all sides of the debate. Many feel that the death penalty no longer holds value as a tool for society to prevent heinous crimes. In the past, the prevalence of the death penalty created a measure of deterrence on social behaviors. However, in modern life, there is no longer is a measurable deterrence felt in the public consciousness. Like a magnet which is too far from a piece of iron to draw the metal toward it, the distance between the commission of the crime and a death penalty execution has diminished deterrence in all but theoretical discussions.
Many feel that the death penalty contains a measure of justice, and that the criminals 'deserve' to die, as well as society 'deserves' to see justice through death of the convicted. Those who present this argument also do so on mainly theoretical terms. Often those who espouse the death penalty on the basis of justice have their philosophical roots in religious traditions, and seek to use sacred texts as the basis of their position. However, in today's world, a significant portion of society neither sees themselves as strictly adhering to a particular religious group. Religion is still highly honored in the nation, but religious practices tend to be tempered by social pressures rather than challenge them. As a result, the religious argument toward the death penalty is finding fewer supporters.
Modern and post modern culture questions whether or not we, as a people, want to be known as a people to have to seek retribution in order to feel good about our own society. In the case of the death penalty, many in our society have difficulty personally identifying with a society which cannot work toward rehabilitation of criminals. Since modern social justice theory which arose in the early 20th century, individuals in and out of the criminal justice system have worked to develop a system which dealt with the root causes of crime, and moved people toward rehabilitation, rather than settling for setting punishment, and even retribution as a socially acceptable goal.
Finally, issues of cost, and the rising demands on our prison system to house, feed, and care for a prison population which is exploding in numbers has created economic forces. These economic issues have forces those in the criminal justice system to consider the costs and benefits of incarceration.
This paper will evaluate a number of modern factors regarding the death penalty debate. First, we will examine social and psychological theories regarding crime. The theories behind the crime serve as a foundation because if the criminal justice system is to correct, or rehabilitate those who are incarcerated, they must have an accurate diagnosis of the problem. In this section, we will consider some of the arguments for the death penalty, and some against.
Secondly, we will examine the issue of deterrence. Deterrence is measured in two different aspects. The first is retribution - society seeks justice by exacting a punishment from the criminal. The second is prevention - society hopes to diminish the occurrence of the capital crimes by attaching a high cost to the actions. The issue of deterrence revolves around influencing the person to change a behavioral choice because a high personal cost will be applied to him. In this case, the cost is the lost of his or her own life.
Finally, we will examine alternate theories. Until it becomes socially acceptable to drop capital criminals off on a deserted island, much like the hit television show Survivor without the cameras, and allow them to fend for themselves for the rest of their natural lives, society must have a plan for addressing criminal behaviors. The theory of restorative justice is one such theory which insists that the criminal himself needs to repay the individual and the society for his crime. Restorative Justice (RJ) is built on the foundation of repentance, and restitution, which are also religious ethics. By engaging the individual who is accused of the crime in restitution for his or her actions, RJ believes that the person and society as a whole can move toward healing, and restoration.
Social Theory Supporting, and Opposing the Death Penalty
Supportive Theory.
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