This house supports the death penalty
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현재 중립에 있는 네모를 드래그하셔서 매우찬성, 찬성, 중립, 반대. 매우반대로 옮겨주시면 의견이 반영됩니다.
country’ that ‘abolition of death penalty’ being achieved.
Death penalty system is not officially abolished in Republic of Korea but it has been 17 years since the last enforcement of death sentenced was carried out, following the global trend. It led Republic of Korea to be one of countries that practically abolished death penalty system.
Nevertheless, inhumanely ruthless crimes recently have occurred repeatedly and related data also shows increasing rate. In such reality, a voice that requires stronger, and faster enforcement of death penalty and pubic interest in such legal enforcement both become louder and clearer.
Public interest and conflict regarding death penalty, an eternal solution to separate criminals from the society, starts from here. Since the administrative punishment on the criminal is too weak to compensate the sorrow of victim’s family and to handle the societal impact, the voice of advocating for capital punishment states. Such opinion stands strongest.
What is the appropriate line that criminal’s human right can be respected up to? How does the enforcement of death penalty stand against such protection? That is one of critical questions that we all should contemplate upon now, in 2014.
a. Current status on death penalty in the world
Death penalty has existed as a form of punishment in the world for a long time. As the 20th century comes along, however, various countries have abolished capital punishment and changed it into life sentence or life imprisonment. The Amnesty International categorizes countries into four types based on how the country handles death penalty system. It is as follows;
58 countries – Death penalty is being maintained or protected in law or in practice. .
95 countries – Death penalty is completely abolished.
9 countries – Keep maintaining the capital punishment system for any serious crimes.
35 countries – still maintain the law which allows the enforcement of death penalty system even to the trivial crimes. However, at least within last ten years, there has been no actual enforcement of the death sentence unto the convicts. (Republic of Korea falls into this category)
139 countries among 197 are not currently enforcing death penalty system. Especially, out of 51 nations in Europe which are members of United Nations, Belarus is the one and only nation in which death penalty system is officially maintained.
a. Effect of prevention on crimes
Death penalty has a strong effect of warning on people as they would reconsider carrying out any illegal action including serious crimes. In Republic of Korea, capital punishment should be practiced within six months from the legal judgment decided according to the 465th of Criminal Procedure Act, or within five days from the order of the Minister of Justice. However, no capital punishment has been carried out since December of 1997. While dozens of death-row convicts maintain their lives despite of being sentenced to death, crime rate of murderer case has been increased by 30% nationally. Also the capital punishment keeps the possibility of revenging crime by the bereaved quite lower compared to when the criminal sentenced to comparatively light punishment than sentenced to death.
b. It is unreasonable to honor criminal’s human right.
It is considered to be a privilege for criminals that ‘All citizens shall deserve dignity and worth as human beings’, the 10th amendment of the Constitution. There is no need to participate in the ask of the Amnesty International requiring classification Republic of Korea as a country that practically abolished death penalty and official abolition of death penalty as capital punishment destroys the basic human right of living. Republic Korea is an independent nation that acts upon our own Constitution and Ministry of Justice while we also carry our unique characteristics as the only divided nation in the world. The Constitutional Court already has made the call that it honors the Constitution and judges have clearly made that enforcement of capital punishment is necessary by sentencing death penalty several times. The meaning and value of ‘death’ is completely different from each other when it is carried out within peaceful times or while in a war. The death penalty system practiced under the monitor of government unto the ruthless criminals is just and fair in that it helps to achieve social justice.
a. How unrealistic the effect on preventing crimes is
In the United States, the number of murder cases is 4.6 in every 0.1 million people in the states where death penalty system is maintained. However, the number of murder case is actually lower in the states where capital punishment is already abolished as it records to be 2.9 in every 0.1 million people. History has already proved that death penalty system has no ability or effect on stabilizing the society or improving the evil personalities of human beings. People advocating for maintaining death penalty are driven by motivational reasons as the punishment is official, public revenge and such reasons originate from human mentality for revenge. Surprisingly, however, some of families of victims also participate in a movement for abolishing death penalty, which is notable. Sentencing death to the criminal cannot heal or save the victim’s families from pain and scars at all. Therefore, it is meaningless to sentence death penalty for the sake of preventing crimes or revenging crimes.
b. Social Responsibility Theory
Society has partial responsibility on criminals’ crimes as the society affects their childhood, education, poverty, discrimination, oppression, and violence. Therefore the society carries responsibility to grant opportunity for repentance and reformation. Furthermore, even though the death penalty being practiced by the name of nation, there is an actual person who needs to carry out such ‘legal killing’ act. Human right and psychological pain that the person needs to go through should be considered as well. It is absurd that ‘killing’ nation orders its people not to kill; the nation contradicts its own Constitution. The capital punishment also is not suitable for its original purpose in that it has no effect on reformation of criminals.