Capital Punishment Essays (1715 words) - Penology, Prison, Death Row

Capital Punishment From the beginning of time, crime has been evident in human existence, and from the first crime there has always been a punishment. "And it came to pass, when they were in a field, that Cain rose up against his brother, Able, and slew him" (Genesis 4:8). This for many people was seen as the first crime. This crime did not go unpunished. Cain was then ostracized from his colony and sent to wonder as a vagabond and a fugitive for his crime (Genesis 4:14). He was also branded with the mark of a murderer. Therefore, the presence of crime in human life is inevitable. Defined in Webster's Dictionary, crime is, an act of violation against society and its laws. Punishment is the consequence of the crime. Crimes like fraud, burglary, assault, etc., are usually punished by prison terms. Murder, manslaughter, and homicide maybe punished by prison terms or death. Ways to be executed Electrocution-the three legged oak chair was constructed in 1923 by inmates and is still used today. (ironic isn't it?) The electrocution cycle is two minutes or shorter in duration. Voltage and amperage levels peak on three occasions. Maximum current is 2000 volts and 14 amps. The executioner is an anonymous, private citizen who is paid $150 per execution. The position of executioner was advertised in several Florida newspapers in 1978. Lethal Injection-execution by lethal injection involves the continuous intravenous injection of a lethal quantity of a short-acting barbiturate in combination with a chemical paralytic agent. A number of doctors have pointed out that drugs may not work effectively on diabetics or former drug users, whose veins may be hard to reach. In some cases minor surgery may be required to cut in to a deeper vein, according to medical testimony. More states use this form of execution than all US states. Gas Chamber-prisoner is restrained in a hermetically sealed steel chamber below which is a pan. Upon a signal, the executioner opens a valve, flowing hydrochloric acid into the pan. On a second signal, about 8 ounces of potassium cyanide crystals or tablets are dropped mechanically into the acid, producing hydrocyanic gas, which destroys the ability of blood hemoglobin to perform. Unconsciousness occurs within a few seconds if the prisoner takes a deep breath, and longer if he or she holds their breath. After pronouncement of death, the chamber is evacuated through carbon and neutralizing filters. Gas-masked crews decontaminate the body with a bleach solution and outgassed prior to release. An unwary undertaker could be killed if this is not done. States using this method: Arizona, California, Maryland, Mississippi and North Carolina. Hanging-prisoner is weighing prior to execution. The "drop" is based on the prisoner's weight, to deliver 1260 foot-pounds of force to the neck. Essentially, the prisoner's weight in pounds is divided into 1260 to arrive at a drop in feet. This is to assure almost instant death, a minimum of bruising, and neither strangulation nor beheading. Properly done, death is by dislocation of the third or fourth cervical vertebrae. The familiar noose coil is placed behind the prisoner's left ear, so as to snap the neck upon dropping. States using this method: Delaware, Montana and Washington. Firing Squad-there is reportedly no protocol for the procedure which according to information involves a five man team, one of who will use a blank bullet so that none of them knows who was the real executioner. Since the reinstatement of the death penalty two prisoners have been executed by this method. Gary Gilmore in 1977 and John Taylor in 1996. There are only two states who use this method. They include Utah and Idaho. Who's in Federal Prison? statistics found in 1991 5% of prisoners were women 65% of prisoners belonged to racial or ethnic minorities 68% of prisoners were under age 35 96% of prison inmates were US citizens 59% of prison inmates has high school diplomas or its equivalent less than half of the inmates were sentenced for a violent crime (assault, murder, rape), a fourth were sentenced for a property crime (burglary, vandalism), about a fifth were sentenced for a drug crime (self explanatory) Who's in State Prison? statistics found in 1996 10% of prisoners were women (statistics show that prisoners were sexually or physically abused before admission) 63% of prisoners belonged to racial or ethnic minorities 24% of prisoners were between the ages of 35 and 44 (therefore 54% of inmates were under the age of 35) about 8% of inmates were not US citizens 54% of inmates have a high

The Death Penalty Debate in the United States of America

The Death Penalty Debate in the United States of America Introduction Capital punishment has otherwise been referred to as death sentence or death penalty. It can also be used to refer to legal execution of a convicted individual or through a judicial process.Advertising We will write a custom essay sample on The Death Penalty Debate in the United States of America specifically for you for only $16.05 $11/page Learn More The capital punishment has always been used in situations where an individual or criminal is judicially convicted of a capital offence or capital crime (Milhorn 401). It is important to examine the origin of capital punishment. The capital is a term that was coined from the Latin word â€Å"capitalis† which actually, in its literal sense means â€Å"gaze at the head.† So it means that initially, capital punishment was a situation where a convicted criminal had his or her head judicially severed. Nonetheless, it is important to note that capital punishment, in the past, has virtually been utilized every society (Milhorn 401). However, available literature indicates that only 58 countries of the world still practice capital punishment; this represents only approximately 5% of all countries in the world. The meaning of this is that about 95% of all countries in the world have turned away from using capital punishment to contain crimes. In many countries, capital punishment is still a subject of hot debate in many countries, including the United States of America, and standpoints can vary within a given singular cultural religion amongst a group of individuals or political ideology (Clarke and Whitt, pp29 of such countries where capital punishment is still an option are the United States of America, the People’s Republic of China and Indonesia (Clarke and Whitt, pp.46-57). However, looking at the contemporary society, the global distribution of death penalty has been varying greatly with some countries and states abolishing and reinstating capital punishment s.Advertising Looking for essay on criminal law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Since the end of the Second World War, the global tendency toward abolishing the death penalty has been on the rise. According to available information, there are countries that have abolished death sentencing completely; some have only allowed it under special or specific circumstances while others are yet to make their decisions and take a stand on abolishing it. Even though death penalty is still being practiced in a significant number of developed nations, it was widely practiced in developing countries most of which were under the control of repressive, dictatorial or totalitarian governments. With regard to this, it will be accurate to argue that that capital punishment has some times been used for political reasons to contain political dissidents. The death punishment in America is varied depending with jurisdictions. Practically, death punishment in the United States of America is only applicable in cases of motivated murder and more remotely for felony assassination or what is otherwise referred to as indenture murder. The (capital) punishment is believed to have been there even at the time of the earlier colonies of the United States; it as well continued to be in force within the states that came to form afterwards. In the process of judicial execution, the methods are different and depended on the type of criminal activity committed. The first to be sentenced to capital punishment in America was executed in 1608; the person was judicially executed after being convicted of spying on behalf of the government of Spain. Afterwards, the capital punishment in the United States have been abolished and reinstated for a significant number of times. Nonetheless, several states within the United States apply capital punishment for differently in relation to crime committed (Clarke and Whitt, pp.03-68). This positi onal paper will argue in favor of death penalties. To this effect, the paper will examine the various reason death penalty is still appropriate and important towards containing certain types of criminal activities. Moreover, the paper will utilize the ideas such as DNA evidences and other forms of evidences as they relate to death as a penalty. The various impact of banning death as a penalty will also form part of the themes in this paper. Abolitionists’ Views In order to get the basis on which to understand the significance of capital punishment, it is important to start by looking at arguments against the judicial execution.Advertising We will write a custom essay sample on The Death Penalty Debate in the United States of America specifically for you for only $16.05 $11/page Learn More It is important to note that even though death penalty has gained support from various individuals, private organizations and state institutions, the subject is sti ll hotly detested; there are a significant number of people or group of individuals who cannot see the positive side of capital punishment. The opposition to capital punishment began as early as 1767 when abolitionist movements were taking roots. The current abolitionist movement has its roots in the works of Montesquieu, a European theorist. Other theorists included English known as Quakers John Bellers, Bentham and John Howard. Meanwhile, it was Cesare strongly campaigned against capital punishment the world over. Beccaria hypothesized that the state does not encompass any validation to take away life either for a group of individuals or an individual. The work of Beccaria offered staunch abolitionists with a renewed energy to argue champion against capital punishment with an authoritative voice. In fact, the influence of this theory achieved some grounds worldwide where some countries actually abolished death penalty as a way of judicial killing. The ideas of Beccaria on death pe nalty had great influence on the American intellectuals who fought for its abolishment except in extreme cases like treason and crimes of murder. The abolitionist movement has argued, borrowing from Beccaria’s arguments, that capital punishment does not serve as a deterrent to crimes for which it is meted. During the early part of the 19th century, abolitionist movement gained momentum in the United States of America and consequently some states revised their statutes in relation to capital punishment. Even so, more states maintained their capital punishment statutes. By the time the United States was facing the First World War, capital punishment was reinstated; this could be interpreted as a blow to the anti-capital punishment crusaders. As much as death penalty is necessary, those arguing against it advance a significant number of incontrovertible arguments that are worth acknowledging. They have argued that there exist nothing like humane method of judicial execution irre spective of what crime the convict might have committed to warrant death sentence. These people state that execution is torturous to a convicted criminal and that it must be realized that the criminals are also human beings with human feelings and fear of losing their families. Moreover, an argument has been advanced that the mental conditions of the convicted as at the time of commission of capital offense is not usually given the attention it requires; besides, it is noted that from the time capital punishment is pronounced on a convict upto the time when execution takes place, the convict undergoes a lot of psychological torture and mental disturbance. This causes more suffering to the convict than the commission of offence may warrant.Advertising Looking for essay on criminal law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The most important point raised by those arguing against capital punishment is the virtual conviction that there may be a miscarriage of righteousness where an innocent individual may be judicially executed and there is no possible compensation in case this takes place. Due to this uncertainty, many individuals have petitioned and pressurized states to consider abolishing death penalties in their judicial systems. Another argument advanced by anti-capital punishment crusaders is that the families of the convicts should not be overlooked. They say that the families also feel pain when they realize there loved ones are to be judicially executed; the families of the convicts are said to go through hell during the time starting from the pronouncement of death sentence to the actual execution of the convicted criminal. Racism has been linked to unjustified death sentences where members of a given race are more likely to be handed death penalty than others. For instance, it is estimated t hat black capital criminals are highly likely to get death penalty where the victims are mostly whites; in cases involving black victims, white capital offenders are most likely to escape death penalties. Meanwhile, there are so many reasons the anti-capital punishment crusaders have advanced against death penalty. However, maintenance of death penalty in the penal code is still very important in terms of certain crime prevention. The Need for Capital Punishment As much as there have been oppositions to death penalty by human rights and activists and other abolitionists, death penalty still has a significant role to play in terms of ensuring deterrence to keep away capital criminals from committing capital offences. In the history of death penalty, there are sufficient evidences indicating that even countries in which capital punishment had been removed from the statutes have reinstated the form of punishment. This implies that the role played by the legality of capital punishment r emains invaluable in terms of crime control and prevention (Council of Europe, pp.3-13). The argument between those for the death penalties has been going on for sometimes now in the United States of America. There are many people who have tried by all means available to them to push the state to abolish death penalty. However, the fact is that death penalty is necessary in cases of certain crimes like serial killing, abduction and rape of underage children and other forms of felony. Those opposed to death penalty base their arguments on the possibilities of convicting and subsequently executing an innocent person (Council of Europe, pp. 15-25). The death penalty provision exists after the law makers realized that it is the only solution to certain crimes, otherwise what government will want to execute the very innocent citizens it is mandated to protect. One striking fact is that before someone is convicted of a felony and sentenced to death, through investigation must be conducted ; the process of conducting such investigations includes the use of scientific techniques like DNA tests even though this has been faulted to have possible errors of proof just like any other means of determining the guilt of a criminal offender. Most important to note is the fact that the conviction process does not only utilize one means of determining whether one is guilty or innocent, a combination of methodological techniques is used so that one technique is highly likely to examine what is beyond the scope of another. It is important to note that those arguing against the death penalty have advanced some arguments that are both logical and realistic. However, they seem to be oblivious of the fact that the process of conviction is so elaborate and effective that the chances of convicting an innocent individual is actually close to unlikely (Council of Europe, pp. 15-30). Moreover, it is still wrong to argue that death punishment may condemn an otherwise innocent person to death . There is absolutely no proof for this claim; before anybody faces execution, especially within the United States of America, a carefully selected jury is selected to examine and make decisions on such cases as relate to capital punishment; and they have always worked towards proofs beyond any reasonable doubt that a defendant is actually guilty of the capital crime committed. Therefore, the likelihood of any innocent individual being executed by mistake is actually limited. Given the perpetually improving forensic science, the chances of judicial execution of an innocent individual is nearing zero. It therefore implies that the fear of executing an innocent person judicially should not now be amongst the reasons anti-capital punishment crusaders use against the death penalty (Gershman, pp. 107-117). The inappropriateness of capital punishment has also been widely propagated through the various media. The fact is that the media has always confused the true distinction between the t erms â€Å"acquittal† and â€Å"innocence† as they are used in the justice system. It is this confusion in the media’s judicial reporting that present the public with the belief that those who escape convictions are actually innocent individuals who would otherwise be executed for a given crime. The clear characteristic is that innocence suggests that the individual did not indulge in the offense although being exonerated does not imply innocence. The fact is that the court is likely to acquit a suspect in cases where the defendants are not able to prove beyond any reasonable doubt that the accused actually committed the offense. It is in such cases where the court has acquitted an individual, irrespective of whether he or she committed the crime or not, due to lack of proof beyond reasonable doubt that the media has taken it as if the court has found the individual innocent. In summary, a jury is obliged to acquit an individual who is most likely guilty but who se guilt cannot be proven before the court or the jury beyond any reasonable doubt. This is also a proving ground on which capital punishment should not be abolished (Gershman, pp. 131-140). The possible conviction and subsequent execution of an innocent individual is unfortunate by all standards of justice available. But, it is noteworthy that the unfortunate scenario can not only be avoided through abolition of death penalty. Instead, the immense role played by death penalty in terms of criminal deterrence should appear in the bigger picture. Even if innocent people can mistakenly be executed for crimes they have not committed or abated, their number may not match those offenders who qualify for death penalty. This implies that the probability of executing an innocent person is immensely insignificant and hence should not be a reason for which death penalty should be abolished. Besides, in the recent past, there has never been heard of a situation where and individual has mistaken ly been convicted and sentenced to death. This reinforces the argument that the chances of executing an innocent person are very limited and almost unlikely (Gershman, pp. 202-213). Looking at the bigger picture, it is important to acknowledge that there are some career criminals whose existence means perpetual threat to social tranquility besides creating social disorder. For example, a career criminal whose presence in any setting is always defined by violence and even death might have been in and out of jail. This implies that such as criminal cannot be rehabilitated through jailing and hence the need to eliminate him or her from the society. In this case, death penalty may not be considered as a punishment to the offender, but should be seen as a way of ensuring that a single individual or few people do not threaten the overall social peace within a given society. In relation to this, it will be noted that judicial execution is an effective way of stopping capital offenses. Ther e may be many criminals who carry out capital offenses, but the judicially executed ones will never commit such crimes again. The victims of criminals vary in terms of gender and age. In many cases, there are vulnerable groups which suffer in the hands of certain offenders. For example, children and women are the most likely victims of sex offenders. Sex offenders are normally handed more severe punishment than other offenders. This is acknowledgeable, but the fact is that punishment should not be seen in terms of what kind of offence is committed; it should be viewed in the light of what effects or impacts it is likely to have on the general public, especially with respect to right to life and other fundamental freedoms. In this case, it will be defeating to logic to let an individual whose behavior has proved heinous to the general public to continue living amongst the members of the society; this will simply offer such an individual more opportunities to continue with is heinous act. If left unchecked through death, such individuals are likely to remain threats to the neighborhood of their residence. So, the only way to ensure they do not continue with their socially threatening undertakings is sentence them to death (Gershman, pp. 231-137). Generally, punishment is used as deterrence to criminal activities. In view of this, it is worth mentioning that death sentence is a unique its own capacity as a deterrence to reoccurrences of particular crimes. Unlike other penalties, death is not meant to teach the convicted a lesson. It performs two levels of functions; one, it simply puts an end to heinous criminal activities by a specific individual. This implies that there may be other criminals committing similar crimes but the actions by the executed individual are completely terminated. Two, it is a fact that many people fear dying; and the constitutional provide for death as a penalty to deter an individual from committing certain crimes. Therefore, in situati ons where a convicted individual is executed, the message is not to the executed but to those who are yet to commit a similar act. This is what is referred to as general deterrence or indirect deterrence to crime. According to research findings, death penalty has been found to reduce homicide where it is being meted. For instance, the research study conducted by Emory group during the period between 1977 and 1999 indicated that death sentence had been effective in terms of lowering homicide rate in about 3, 054 counties. The study findings further indicate that each death sentence pronounced resulted into 4.5 reductions in murder crimes while each execution led to reductions in murders by three. Research studies have also been conducted within the United States of America and the findings shows that the rate of homicide increased by 91% in the states where death penalty was abolished. Meanwhile, 70% of the states are reported to have experienced a decline in homicide after the state s had re-introduced death penalty (Espejo, pp1-15). Data collected from the general public are in agreement with the sentiment that capital punishment should not be abolished. Many of the surveyed public members of various countries have expressed their sentiments that retribution for the criminal activities committed against them, their relatives and friends is more significant to them than deterrence. An important point to take into consideration is that many criminals have been executed since death penalty was introduced several decades ago. This means that the justice system has actually not been sufficiently equipped to handle the criminals and hence failed to reform their behaviors. For instance, different sex offenders have been caught severally in different cases. The fact therefore is that the threat of death has not deterred them, so the focus shifts from rehabilitating the criminals to protecting the safety of the general members of the society; and this is through legall y eliminating them by execution. The argument here may be that death penalty has not succeeded to deter such heinous criminal activities; nonetheless, it is better to have new people committing the crime dealt with rather than let individuals to live and repeatedly commit there heinous acts. This makes sure one does not perpetually commit the offence (Espejo, pp.34-38). Death penalty has been limited to certain age. In 2005, the Supreme Court of the United State of America made a ruling that adolescent individuals are not subject to capital punishment. The ruling was premised on the research done by the American Psychological Association. The research findings claimed that adolescents are less mature than the adults and hence are subject such factors as peer pressures, difficulties in restraining their impulses and the general underdeveloped sense or responsibility. This research made the Supreme Court to rule that people under the age of 18 years old cannot be handed death sentence . The Supreme Court ruling on this matter is not sustainable in terms of ensuring justice for all citizens, especially the victims whose only hope is retribution for criminal acts committed against them. It implies that victims of heinous activities committed by the less than 18 years old criminals can never get justice yet the state is mandated to ensure justice and safety for all. The fact is that, in terms of development, there is a thin line between an 18 year old and 17 years old individuals and thus adult age may not imply. The 17 year old averagely thinks just like an 18 year old individual. In this case, age should not be a factor in determining who gets death sentence and does not. Every behavioral activity should be considered with respect to its danger to the members of the society (Espejo, pp.132-146). Death sentence should apply to all irrespective of age since the consequences or impacts of such heinous activities are always relatively the similar. For instance, the vi ctim of rape by a less than 18 year old teenager will have the same horrible experience as the victim of rape by some who is 18 years and above. The death penalty should therefore be applied for the safety of all members of the society. The rationale here is that the magnitude of pain inflicted through heinous act is totally independent on the age of the offender and that is what should actually inform the justice process. It has also been argued that death punishment is cruel an unusual to both the convict and the convict’s family members and friends. Those who pose this argument are oblivious of the fact that the victim and his or her families and friends also have the same experience. To argue on the cruelty about the cruelty of capital punishment meted to a convict and remain silent on the side of the victim actually defeats the logic of justice. One thing that is important to be borne in mind that the convicted criminal must have been aware of the consequences of committ ing capital offenses. This is reinforced by the fact that the consequences of crimes are well spelt in the statutory books and have been in existence for very many years. Again, it is worth recalling that every judicial execution taking place now, especially in the 21st century, is not the first ones; the executions have been going on since over a thousand years ago. It is therefore a common knowledge that every criminal should know the most probable consequence of every criminal act. In addition, the law is very clear on the kind of people who can be tried and convicted before the court (Espejo, pp.156-162). There are those who are exempted from judicial proceedings; such are those who are mentally ill or have mental disorder, the minor children who are statutorily underage amongst others. In view of all these, it is important to realize that a convicted criminal is always aware of the consequences but went on to commit the crime anyway. Again, the convict must have been aware of t he potential harm and pain to the victim, the victim’s family and friends but went on to commit the crime anyway and also, the convict must have been aware of those who have committed similar offenses and actually convicted and judicially executed. So, it is justified to say or assume that a convicted individual sentenced to capital punishment had sufficient information at his or her disposal to enable him make a rational choice, though this may not always be the case. It therefore implies that in the presence of all these overwhelming information, that is also common in the public domain, the convicted individual still chose to go a head commit a capital offense; this may be referred to as crime by impunity. For this reason, it justified to judicially execute the convict irrespective of whether he or she feels the pain or his or her friends and family do. The idea here is that in case of pain felt by family members and friends of the convict, the convict failed to think of t hat before committing capital offense. In support of the forgoing argument, it is suitable that the mode of an eye for an eye is utilized. Many people who support capital punishment are highly likely to see this as cruel, but this will be very effective in terms of deterring capital offenses and protecting the general innocent public members. The issue is that the victims of capital offenders are, in most cases, innocent; and in cases where they die from heinous acts of offenders, it cannot be argued that they will ever get justice. So, judicially executing somebody who has killed does not necessarily afford the dead victim justice, but it is ensuring that as many capital offenders as possible are eliminated from the society. In terms of moral grounds, anti-capital punishment crusaders have argued that death penalty does not have moral standing; but it is important to state that if that may be true, then the activities of capital criminal offenders are also not morally acceptable in the society. Nonetheless, the question that may be asked is that of how the perpetually or dangerously immoral behavior can be eliminated from the entire society if not by judicial execution. If this question were to be answered, then the response will be none, hence leaving capital punishment as the only means (Mandery, pp.1-9). One other thing that has not been given much of attention in the debate about the appropriateness of death penalty is that every prisoner or inmate would like to escape from prison should an opportunity arises. In fact, there have been several reports indicating that many prisoners have escaped from prison premises. In particular, those on long-term jail terms are most likely to escape from prison given that there lives are at stake due to the jury’s approval. In this case, if capital offenders were to be given long jail terms, they are likely to escape and find their ways back into the society where they are likely to continue committing the very c apital offenses they had been convicted of. In order to avoid such incidences, it is important that those found guilty of capital offenses be handed death penalty and thereafter be executed within the shortest time possible (Espejo, pp. 260-167). Again it is important to recognize that laws are very dynamic and subject to change with time. In situations where a capital offender were to be jailed for life without a parole, the change of law may grant such an offender some minimum level of parole which may beat the logic of justice for the victim or close relations of justice. For instance, a capital offender may be sentenced to life in prison but after some times, the law may possible change in such a way that those who are on life imprisonment jail term may be eligible to release if they meet certain requirements like changed behavior or showing remorsefulness. The consequence of this is that this kind of statutory change may be misused by the inmates through pretending to have beha vior change but once released may again go back into committing similar capital offenses for which he or she was jailed. This imprisonment may be considered to be the most appropriate alternative to capital punishment, but laws change and people also tend to forget about the past. In this scenario, life imprisonment may be abolished and capital offenders may be allowed back into the society after a given period of imprisonment. For this reason, it serves no good the society to abolish capital punishment and this may even lead to upsurge in the number of capital offenders (Yorke 283). The cost of judicial execution has been fronted as one of the reason capital punishment should be abolished; it is explained that the process of running a case of capital punishment demands a lot of money from the state and also the family members of convicts who may be engaged in several court appeals. It is true that going through the process of issuing capital punishment is complex and requires time and financial input. However, the cost is justified; first to ensure that the due process is thorough to avoid convicting an innocent person and also to ensure that it is proven beyond reasonable doubt that the suspect is actually guilty. The processing of executing a convict requires exhaustive evidences which should be ensured are as accurate as possible since everything at that time revolves about lives; first, it revolves around the life of the suspect who may unjustifiably be executed for a crime that might attract lesser sentence and second, in case of murder, the life of the members of the society who may continue to be victims if the accused is released on account of insufficient proof. It is clear that the cost of the whole process is to ensure justice for both the suspect and the victim and potential victims (Yorke 283). Conclusion Death penalty is a capital penalty used in punishing criminals who engage in serious criminal activities that may even go far as causing real o r perceived threat of life. The death penalty has been a serious debate topic in the United States of America. The existence of execution as a form of meting punishment to serious offenders and criminals has over the past drawn mixed perceptions. It is important to note that the differences in opinions are significant reasons for which some states within the United States have abolished death penalties while some still maintain it in their statutes (Milhorn 401). As much as capital punishment is still relevant, there has been heated debate about it with a significant number of people arguing against it. The opposition to capital punishment began as early as 1767 when abolitionist movements were taking roots. The current abolitionist movement has its roots in the works of Montesquieu, a European theorist. Other theorists included English known as Quakers John Bellers, Bentham and John Howard. However, it was the work of Beccaria offered staunch abolitionists with a renewed energy to argue champion against capital punishment with an authoritative voice. As much as death penalty is necessary, those arguing against it advance a significant number of undeniable facts that are worth acknowledging. They argue that capital punishment is cruelty against humanity, offenders might have not been sound mind at the time of commission of a capital offense and that execution puts the family of the convicted into pain and agony (Clarke and Whitt, pp29-46). The most central point raised by those arguing against death punishment is the virtual certainty that there may be a miscarriage of fair dealing or honesty within the court system where an innocent individual may be judicially executed and there is no possible compensation in case this happens. Because of this, several human rights group have petitioned various governments in the world to drop capital punishment from their statutes. Despite the opposition to it, death penalty still has a significant role to play in terms of ensuring deterrence to keep away capital criminals from committing capital offences. In the history of death penalty, there are sufficient evidences indicating that even countries in which capital punishment had been removed from the statutes have reinstated the form of punishment. This implies that the role played by the legality of capital punishment remains invaluable in terms of crime control and prevention. The death penalty provision exists after the law makers realized that it is the only solution to certain crimes, otherwise what government will want to execute the very innocent citizens it is mandated to protect. In order to avoid executing an innocent individual, anybody who faces execution, especially within the United States of America, a carefully selected jury is selected to examine and make decisions on such cases as relate to capital punishment; and they have always worked towards proofs beyond any reasonable doubt that a defendant is actually guilty of the capital c rime committed. However, a jury is obliged to acquit an individual who is most likely guilty but whose guilt cannot be proven before the court or the jury beyond any reasonable doubt. Death punishment is used as deterrence to criminal activities. According to research findings, death penalty has been found to reduce homicide where it is being meted. For instance, the research study conducted by Emory group during the period between 1977 and 1999 indicated that death sentence had been effective in terms of lowering homicide rate in about 3, 054 counties. Capital punishment should be applied to all irrespective of age since the consequences or impacts of such heinous activities are always relatively the similar. Moreover, capital offenders seem to be always aware of the consequences of their criminal act before they commit it yet choose to go ahead (Clarke and Whitt, pp.46-57). Again, in case capital punishment is commuted to life imprisonment, there is high possibility that if the lo ng-term serving inmates escape out of prison, they will still continue to commit the very crime they were convicted of and hence place a mockery on the justice system for the victims and potential victims. Besides, the laws may change in such a manner that the capital offenders get an opportunity to go back into the society and may possibly not be cowed by the lesser consequences (Espejo, pp.156-162). Clarke, Williams Whitt, Lauelyn. The bitter fruit of American justice: international and domestic resistance to the death penalty. New York: UPNE, 2007. Council of Europe. The death penalty: beyond abolition, Parts 42-43. New York: Council of Europe, 2004. Espejo, Roman. Does Capital Punishment Deter Crime? New York: Greenhaven Press, 2002. Gershman, Gary. Death penalty on trial: a handbook with cases, laws, and documents. New York: ABC-CLIO, 2005. Mandery, Evan. Capital punishment: a balanced examination. New York: Jones Bartlett Learning, 2005. Milhorn, Thomas. Crime: Computer Vir uses to Twin Towers. New York: Universal-Publishers, 2004. Yorke, Jon. Against the death penalty: international initiatives and implications. New York: Ashgate Publishing, Ltd., 2008

Business Ethics Managing Performance in an Ethical Company Term Paper

Business Ethics Managing Performance in an Ethical Company - Term Paper Example It may also take time and energy on behalf of management to implement an ethical culture. Most severely, they say, it can cost uncompromising damage to Performance Management in an organization (Aguilar). This paper discusses how performance is managed within an ethical company, what Performance Management means for a company and when integrated with Business Ethics, how it can improve business efficiency. It will discuss the challenges companies face while ensuring that their employees behave ethically, with special emphasis on the role of Directors and managers in cultivating that culture. Finally, the paper will discuss how performance is measured in relation to the business and its ethics. First off, we need to define what Performance Management means and what does it insinuate when applied in an organization. Performance Management refers to a system of processes whereby organizations engages its employees as either a team or individually in order to enhance over all organizatio nal performance and achievement of company goals and objectives (U.S. Office of Personnel Management). Companies around the world are trying to incorporate Performance Management in their organizational culture, but they still find it difficult to understand what it truly means and how to achieve it. Employee performance management involves managers to establish employee expectations and standards. They plan work and frequently monitor performance. They develop a culture of learning and development and give ample freedom to employees to show their abilities. Furthermore, they rate employee performance and provide summarized reports to higher management, prompting management to reward good performance. In addition, where managers are assessing employee performances, they are to incorporate business ethics in the culture and measure organizational effectiveness in an ethical enterprise. They need to take steps to ensure that people in their organization are behaving ethically without compromising on performance. There are many different strategies managers’ may apply to make sure that their employees are not underperforming and remain efficient. They may tackle a situation differently and adapt according to the calls of the circumstances. However, the best tactics managers have used historically to ensure performance is the Performance Appraisal. Initially, performance appraisal was only a tool to evaluate current productivity levels among employees. Studies have shown that this has gradually shifted to note an increase in productivity levels, as different factors motivate different employees. This is a huge role on the part of managers and Directors to conduct an ethical performance appraisal, as this does not only instigate worker efficiency but improves the overall organizational performance. In theory, this is a simple correlation, that is, a fair performance appraisal leading to a motivated staff leading to an efficient and ethical organization. Howe ver, it is not that easy in practice. Francis Aguilar, a Professor at Harvard University stress on the importance of ethical behaviour as a must for contemporary organizations. He points out that, employees as well as the customers are aware of, and expect companies to engage in ethical business practices. The Professor indicates that Corporate Ethics does not only motivate employee behaviour but alleviates the position and repute of the  organization in the customer's view. Ethics scandals such as Johnson &

How does poverty effect disabled children living in a single parent Dissertation

How does poverty effect disabled children living in a single parent family - Dissertation Example In reference to the paper, it has been proved that, disabled children exhibit higher chances of growing in poverty in comparison to their developing peers. The correlation between child disability and poverty is of great concern as it gives a clue that disabled children are prawn to conditions that impede their development, education adjustment and attainment. Moreover, the conditions increases exposure of the disabled children to poor health risks, social exclusion and additional impairment. Similarly the connection between child disability and poverty represents a significant challenge to formulated social policies that aims at improving the disabled individual life chances and also addressing the discrimination and the disadvantage faced by individuals with disability. Child disability socio-economic factors prevalence has been documented repeatedly. However, little is known about the factors that trigger the socio-economic impacts. Empirical evidence shows that there exist three factors that impact on socio-economic gradients. As a matter of fact, families taking care of a disabled child have higher chances of getting into poverty; moreover, chances of them avoiding poverty are very limited. This is because of the indirect and direct causes that come with raising a disabled child. Indirect costs are such as the financial effects of declined maternal employment rates among families with disabled children. ... 2004). In reference to the paper, it has been proved that, disabled children exhibit higher chances of growing in poverty in comparison to their developing peers (Emerson & Hatton 2007, Fujura & Yamaki 2000). The correlation between child disability and poverty is of great concern as it gives a clue that disabled children are prawn to conditions that impede their development, education adjustment and attainment. Moreover, the conditions increases exposure of the disabled children to poor health risks, social exclusion and additional impairment. Similarly the connection between child disability and poverty represents a significant challenge to formulated social policies that aims at improving the disabled individual life chances and also addressing the discrimination and the disadvantage faced by individuals with disability (Cabinet Office 2005, Department for Education and Skills 2003, United Nations 2006, Department of Health and Human Services 2005). Child disability socio-economic factors prevalence has been documented repeatedly. However, little is known about the factors that trigger the socio-economic impacts. Empirical evidence shows that there exist three factors that impact on socio-economic gradients (Emerson & Hatton 2009, P.120). As a matter of fact, families taking care of a disabled child have higher chances of getting into poverty; moreover, chances of them avoiding poverty are very limited. This is because of the indirect and direct causes that come with raising a disabled child (Dobson et al. 2001, Leonard et al. 1992, Tibble 2005). Indirect costs are such as the financial effects of declined maternal employment rates among families with disabled children (Loprest &

Ocean Thermal Energy Conversion Otec Environmental Sciences Essay

Ocean Thermal Energy Conversion Otec Environmental Sciences Essay The oceans cover a little more than 70 percent of the earth surface. This makes it the worlds largest solar energy collector and energy storage system. On an average day, 60 million square kilometers if tropical seas absorb and amount of solar radiation equal in heat content to about 250 million barrels of oil. The history of mankind, have depended upon its ability to conquer the forces of nature, and to utilize these forces to serve its needs. Energy technology is certainly one of the most important factors in the emergence of mankind as the dominant species of this plant. The invention of the practical steam engine by James watt, brought about development of large factories, steam ships and the steam locomotive. First wood was used, then coal. About the same time, the use of coal instigated advances in metallurgy .petroleum from natural seepage has been used since ancient times for lighting, lubrication and waterproofing. The introduction of drilling for oil greatly increased the s upply of oil. The industrial revolution switches in to high gear. One problem is that the natural seepage is limited and in a few years the elements will be used. The development of nuclear power was touted as the answers to all mankinds energy woes. It not turned out that way. The elimination of government subsidies for nuclear power plants has made them quite unaffordable. When it went so bad no insure in the world will write disaster for nuclear power plant The concept of OTEC (ocean thermal energy conversion) has existed for over a century as fantasised by Jules Verne in 1870 and conceptualised by French physicist, Jacques arsene d arsonval in 1881. Despite this an operating OTEC power facility was not developed until the 1920s. 2.2 WHAT IS OTEC OTEC, ocean thermal energy conversion is an energy technology that converts solar radiation to electric power. OTEC systems use the oceans natural thermal gradient, consequently the temperature difference between the warm surface water and the cold deep water below 600 metres by about 20c, an OTEC system can produce, a significantly amount of power. The oceans are thus a vast renewable resource; with the potential to help us in the OTEC process is also rich in nutrients and it can be used to culture both marine organism and plant life near the shore or on land The total influx of solar energy into earth is of thousands of time as a great as mankind total energy use. All of our coal, oil and natural gas are the result of the capture of solar energy by life of the past. There have been, any projects for harnessing solar energy, but most have not been successful because they attempt to capture the energy directly. The idea behind OTEC is the use of all a natural collectors, the se, instead of artificial collector. 2.3 HOW OTEC WORKS Warm water is collected on the surface of the tropical ocean and pumped by a warm water pump. The water is pumped through the boiler, where some of the water is used to heat the working fluid, usually propane or some similar material. The propane vapour expands through a turbine which is coupled to a generator that generating electric power. Cold water from the bottom is pumped through the condenser, where the vapour returns to the liquid state. The fluid is pumped back into the boiler. Some small fraction of the power from the turbine is used to pump the water through the system and to power other internal operations, but most of it is available as net power. There are two different kinds of OTEC power plants, the land based and the floating plant. First, land based power plants, the land based pilot plant will consist of a building. This building will contain the heat exchangers, turbines, generators and controls. It will be connected to the ocean via several pipes, and an enormous fish farm (100 football areas) by other pipes. Warm water is collected through a screened enclosure close to the store. A long pipe laid on the slope collects cold water. Power and fresh water are generated in the building by the equipment. Used water if first circulated in to the marine culture pond (fish farm) and then discharges by the third pipe in to the ocean, downstream from the warm water inlet. This is done so that the outflow does not reenter the plan, since re use of warm water would lower the available temperature difference. While, the other OTEC power plants is floating power plants, the floating power plant works in the same way as the land base d the apparent different is that the floating plant is floating. Where actually OTEC can be used, OTEC can be sited anywhere across about 60 million squares kilometres of tropical oceans anywhere there is deep cold water lying under warm surface water this generally means between the tropic of cancer and the tropic of Capricorn. Surface water is these regions, warmed by the sun, generally stys at 25 degrees Celsius or above. Ocean water more than 1000 meters below the surface is generally at about 4 degrees C. 2.4 TYPES OF OTEC There are three types of OTEC designs: open cycle, closed cycle and hybrid cycle. Closed cycle Closed cycle systems use fluid with a low boiling point, such as ammonia, to rotate a turbine to generate electricity. Here how it works. Warm surface sea water is pumped through a heat exchanger where the low boiling water point is vaporized. The expanding vapour turns the turbo generator, then clod, deep seawater pumped through a second heat exchanger condenses the vapour back into a liquid, which is then recycle through the system Open cycle Open cycle OTEC uses the tropical oceans warm surface water to make electricity. When warm seawater is placed in a low pressure container, it boils. The expanding steam drives a low pressure turbine attached to an electrical generator. The steam, which has left its slat behind in the low pressure container, is almost pure fresh water. It is condensed back into a liquid by exposure to cold temperature from deep oceans water Hybrid cycle Hybrid system combines the feature of both the closed cycle an open cycle system. In a hybrid system, warm seawater enters a vacuum chamber where it is flash evaporated into steam, similar to the open cycle evaporation process. The steam vaporizes a low boiling point fluid that drives a turbine to produce electricity 2.5 ADVANTAGES AND DISADVANTAGES OF OTEC The advantages of OTEC is the uses OF OTEC is clean, renewable, its natural resource. Warm surface seawater and cold water from the ocean depths replace fossil fuels to produce electricity. Second, its suitably designed OTEC plants will produce little or no carbon dioxide or other pollutant chemical Third, OTEC system can produce fresh water as well as electricity. This is a significant adapted in island areas where fresh water is limited, other there is enough solar energy received and stored in the warm tropical oceans surface layer to provide most, if not all, of present human energy needs and last the use of OTEC as a source of electricity will help reduce the state almost complete dependence on imported fossil fuels. The disadvantages of OTEC is produced electric at present would cost more than electricity generated from fossil fuels at theirs current costs. Second, OTEC plants must be located were a difference of about 20;c occurs year round. Ocean depths must be available fairly close to shore based facilities for economics operation. Floating plant ships could provide more flexibility. Third, there is no energy company will put money in this project because it only has been tested in very smell scale and last, the construction of OTEC plants and lying of pipes in coastal water may cause localised damage to reefs and near shore marine ecosystems. 2.6 ENVIRONMENTAL IMPACTS OF OTEC OTEC systems are, for the most part, environmentally benign. Although accidental leakage of closed cycle working fluids can pose a hazard, under normal conditions, the only effluents are the mixed seawater discharges and dissolved gases that come out of solution when sea water is depressurized. Although the quantities of outgassed species may be significant for large OTEC systems, with the exception of carbon dioxide, these species are benign. Carbon dioxide is a greenhouse gas and can impact global climate; however, OTEC systems release one or two orders of magnitude less carbon dioxide than comparable fossil fuel power plants and those emissions may be sequestered easily in the ocean or used to stimulate marine biomass production. OTEC mixed seawater discharges will be at lower temperatures than sea water at the ocean surface. The discharges will also contain high concentrations of nutrients brought up with the deep sea water and may have a different salinity. It is important; ther efore, that release back into the ocean is conducted in a manner that minimizes unintended changes to the ocean mixed layer biota and avoids inducing long-term surface temperature anomalies. Analyses of OTEC effluent plumes suggest that discharge at depths of 50-100 m should be sufficient to ensure minimal impact on the ocean environment. Conversely, the nutrient-rich OTEC discharges could be exploited to sustain open-ocean Mari culture

Criteria for Performance Evaluation Essay -- Human Resource Management

Introduction Human resource policies and procedures are the most important aspects of developing acceptable organizational behavior in an organization. This is because mutual well-being, confidence, trust, and intelligence of all members of the organization determines the success of the organization hence the need to pay critical attention to it. The mid-sized manufacturing plant’s engineer hired for the modification of the plant had positive job performance credentials but poor interpersonal relations and tidiness at work place. This situation put the plant manager in a difficult position when it came to developing a well outline assessment of the engineer. Criteria for Performance Evaluation The three sets of performance evaluation mechanisms that brought concerns for the manager and the employee in the current evaluation structure included poor relationships with co-workers, personal characteristics, and behavior. These points of concern were particularly causing friction between the manager since the employee maintained that his performance was above reproach and produced results. However, despite the engineer’s concerns, the three most commonly used assessment criteria are behavior, performance standards, and skills and competency (Mayhew, 2010). Skills and competency refer to the solid technical knowledge an employee applies in accomplishing tasks. The ability to perform tasks for which one was hired and to meet organizational objectives set for him is fundamental in performance evaluation. Performance standards refer to what an employee must do to meet the manager’s expectations and normally include how proactive an employee is in handling his wo rk (Mayhew, 2010). The behavior of an employee is crucial bec... ...the use of external mechanisms on specific roles played by different employees. External evaluators minimize the impact of biases; promote strict professionalism and promotion of assessment by members of a similar profession, as well as the promotion of employee confidence in the organizations intentions. Works Cited Anonymous. (2009). Performance Appraisal Biases. Retrieved May 30, 2012, from Management Study Guide: http://managementstudyguide.com/performance-appraisal-bias.htm Kelchner, L., & Media, D. (2011). Three Common Performance Evaluation Methods. Retrieved May 30, 2012, from Small Business: http://smallbusiness.chron.com/three-common-performance-evaluation-methods-23608.html Mayhew, R. (2010). Job Performance Evaluation Criteria. Retrieved May 30, 2012, from e-How Money: http://www.ehow.com/info_8083608_job-performance-evaluation-criteria.html Criteria for Performance Evaluation Essay -- Human Resource Management Introduction Human resource policies and procedures are the most important aspects of developing acceptable organizational behavior in an organization. This is because mutual well-being, confidence, trust, and intelligence of all members of the organization determines the success of the organization hence the need to pay critical attention to it. The mid-sized manufacturing plant’s engineer hired for the modification of the plant had positive job performance credentials but poor interpersonal relations and tidiness at work place. This situation put the plant manager in a difficult position when it came to developing a well outline assessment of the engineer. Criteria for Performance Evaluation The three sets of performance evaluation mechanisms that brought concerns for the manager and the employee in the current evaluation structure included poor relationships with co-workers, personal characteristics, and behavior. These points of concern were particularly causing friction between the manager since the employee maintained that his performance was above reproach and produced results. However, despite the engineer’s concerns, the three most commonly used assessment criteria are behavior, performance standards, and skills and competency (Mayhew, 2010). Skills and competency refer to the solid technical knowledge an employee applies in accomplishing tasks. The ability to perform tasks for which one was hired and to meet organizational objectives set for him is fundamental in performance evaluation. Performance standards refer to what an employee must do to meet the manager’s expectations and normally include how proactive an employee is in handling his wo rk (Mayhew, 2010). The behavior of an employee is crucial bec... ...the use of external mechanisms on specific roles played by different employees. External evaluators minimize the impact of biases; promote strict professionalism and promotion of assessment by members of a similar profession, as well as the promotion of employee confidence in the organizations intentions. Works Cited Anonymous. (2009). Performance Appraisal Biases. Retrieved May 30, 2012, from Management Study Guide: http://managementstudyguide.com/performance-appraisal-bias.htm Kelchner, L., & Media, D. (2011). Three Common Performance Evaluation Methods. Retrieved May 30, 2012, from Small Business: http://smallbusiness.chron.com/three-common-performance-evaluation-methods-23608.html Mayhew, R. (2010). Job Performance Evaluation Criteria. Retrieved May 30, 2012, from e-How Money: http://www.ehow.com/info_8083608_job-performance-evaluation-criteria.html

Romeo: Static Character

Throughout the play we see that Romeo’s impulsive decisions land him in onerous situations. His capricious behavior is demonstrated through his rash love when he immediately moves on, without remorse or second thoughts, from Rosaline to Juliet whom he falls in love with instantly after laying eyes on her. Prior to seeing Juliet, Romeo talks about his infatuation with Rosaline, and the torment he suffers when he finds she does not love him back. Upon searching for her at the Capulet’s party, sees Juliet, when he says, â€Å"Did my heart love till now?Forswear it, sight! For I ne’er saw true beauty till this night,† (i. V. 51). His immediate transition between lovers proves that his love for Juliet was impulsive and irrational. When Romeo hears of Juliet’s death, he says to himself, â€Å"Well Juliet, I will lie with thee tonight. Let’s see for means. † (V. i. 34). His first thought is that if Juliet is dead, he must dies too. Without co nsidering any other options or going to Friar Laurence for further details, he acts on a whim and kills himself, when in reality Juliet isn’t actually dead.These actions prove Romeo as a static character because throughout the course of the play, when his love for Juliet ignites, comes to an end, and in other situations, Romeo does not think his decisions through and acts on impulse. Romeo is in love with the idea of being in love. Instead of using his head, Romeo only defines love with his eyes and heart. When it comes to emotions, Romeo is ardent about being in love. Because he unconditionally loves many characters throughout the play, it causes major conflicts.This makes him static because during the play he always lets love, and other emotions, get in the way and never learns from his mistakes. When Tybalt wants a duel Romeo says, â€Å"To such a greeting. Villain am I none,† (III. i. 63) and backs down. After Tybalt starts to insult Romeo, Mercutio gets in between them and is then killed by Tybalt. â€Å"Now, Tybalt, take the ‘villain’ back again that late thou gav’st me; for Mercutio’s soul,† (III. i. 125) Romeo bellows before he stabs Tybalt.Because Romeo loves his friend, he lets his emotions take over and without thinking through his actions, carries them out no matter the consequences. To further prove that this is a static behavior, when Romeo goes to see the Friar and tells him about his love for Juliet the Friar says, â€Å"Women may fall, when there’s no strength in men. † (II. iii. 76) By this the Friar means that *women can be excused for being weak, since mean are not stronger. * This has happened to Romeo many times, and this makes him weak and irresponsible when it comes to love.