This house supports the death penalty

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discussion

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.

 

data

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.

b. Innocence: List of Those Freed From Death Row(DPIC)

c. Lerner, Craig, “Life without parole as a conflicted punishment”, Wake Forest Law Review, Dec 2013

 

news

Liptak, Adam, Serving Life for Providing Car to Killers. The New York Times, 4 Dec 2007,

Two-thirds of prisons overcrowded, The Guardian, 25 AUG 2009.

Bronson, Peter. Death Penalty Guards What Is Valued Most, The New York Times. March 7 2001.

 

pros opinion

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.

 

cons opinion

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.

 

reference

d.Smith, Adam, ‘The theory of Moral Sentiments”, MetaLibri Sixth Edition, 1790

Amnesty International

 

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  Opinions

  1. Moonsung Kim의 프로필
    Lv1 Moonsung Kim 님의 반대 의견 - 2년 전

    Aa we know, sometime we are furious with intolerable felonies such as homicide, infanticide, torso murders, rapes or paedophiles. Possibly most of us have a similar response to those shocking cases. We are like “oh shit, that bastard is a human-masked monster.” or “burn him to the death”. Well, this is presumably why we like the batman or the spiderman. Instead of us, they take revenges on the evils and we are excited while watching them. In real life, things are different from those exciting justice-beat-all stories.
    First reason, why I support the abolishment of the system, is criminals cannot just die that easily. I guess it’s a bit weried opinion but I believe this is convincing. Human rights are crucial for all of us. As we cannot judge other people, we cannot rule out their human rights. It should be controversial though, I still believe that we all were born with human rights and they are not disposable even though criminals are inconceivably inhuman and cruel, the fact that they are still humans remains unchanged. So we cannot take human rights from them and execute them.
    Second, like the cons opinions above, death penalty is not a way to reduce the crime rate.
    In conclusion, We need more severe punishments. It is obviously true that sometimes criminals who we thought be sentenced to long years were actually sentenced to less than what we had thought and we feel the juridiction is too generous to certain people. So this is a part of a reason, maybe, why there is still a high number of felonies because the law is sometimes generous. So i would lke the authority to be more harsh on those criminals but without death penalty.

    2 0 답글
    • 햇빛구슬의 프로필
      Lv3 햇빛구슬 님의 반대 의견 - 2년 전

      Well, I agree with you, overall. But there’s a contradiction between two of your statements.

      You doubted the deterrent effect of the death penalty, which means you don’t find any connection between the intensity of punishment and the reduction of crime rate.
      And I agree with that. Some commit crimes to satisfy their frantic desire, and others do so since they think they won’t be caught or punished. I think that’s why harsher punishment wouldn’t work at all.

      However, what you said as a conclusion puzzled me.
      You stated that stronger punishment, but not death penalty, is needed.
      Didn’t you just said stronger punishment doesn’t work?

      Ummm… Maybe I didn’t quite get what you mean.
      Can you make it a little clearer?

      You mean punishment should be evenly applied without prejudice,
      or
      the intensity of punishment should be strengthened then now?

      Waiting for your reply.

      2 0
    • Claire의 프로필
      Lv1 Claire 님의 찬성 의견 - 1년 전

      When it comes to capital punishment, we can divide all nations in the world into a few categories as we can see on the information represented above. We can also narrow the result to carrying it out or not. But, like you want, let’s suppose there is no nations maintaining death penalty. One felony who committed serial murder is standing in court and a judge is going to impose a sentence on the murderer. If you are the judge, what punishment will you impose on the person? It is no wonder that he will live the rest of his life in jail. At this point of time, what meaning the result has?
      You guys said that execution of death penalty is the behavior violating human right. According to you opinion, therefore, we made the man live but in jail instead of at home because of his crime. Is this to keep him from deprivation of human rights?
      ‘To honor human rights’ contains lots of meanings. It doesn’t only contain killing people. Living in jail for the rest of his life during 15 years, 20 years or 30 years is to protect him from the deprivation of human rights?
      Moreover, a lot of death row convicts are living in jail arbitrarily. According to a law professor, vicious criminals sentenced death penalty tend to consider themselves as heroes.
      If you disapprove of execution of it and want to protect them from the deprivation , what is the appropriate way to punish the vicious criminals?
      Do you have any alternatives to punish felonies? I’m wondering.

      3 0
  2. 하이하이!의 프로필
    Lv5 하이하이! 님의 찬성 의견 - 2년 전

    I was in favor of the death penalty.
    A felony rather than a misdemeanor murders, rape, etc. is added the threat to the right to life, as well as ignoring the rights of victims.

    To ensure that the perpetrators of life even if it is again able to infringe the life of the victim is the offender’s life should be guaranteed to rethink what seems to be a problem.

    In addition, infringement of the right to life of the victim and the offender should be kept is their right to life.

    It does not seem to be the right part.

    The country seems to have carried the death penalty should not see it as murder. Because usually different because the value meaning of murders and death people think.

    The state is one of the measures to combat serious crime, rather than commit a murder.

    No more horrible crime was not one of the measures to avoid, and if the death penalty is enforced right circular spring events were also more likely to have happened in our country back many criminals in this crime, including murders and sexual violence even before they commit a crime

    There’s nothing I do not think you had to think deeply once

    2 0 답글
  3. 냥냥냥의 프로필
    냥냥냥 님의 반대 의견 - 2년 전

    Certainly undeniable is that vengeance by proxy is one of the reasons why the law punishes the culprits. We, however, shouldn’t forget that it’s never the sole reason. As mentioned in the passage, reformation and repentance are what the whole system tries to elicit from the offenders, which can never be carried out when the offenders’ reason and thinking ability disappear for good.
    Moreover, death penalty is very prone to abuse for other purposes such as eliminating political enemies who are innocent in effect as proven in the history throughout wherever and whenever human beings compromise a society and enforce what’s called law.
    On the other hand, it is also true that the human right of those who fail and neglect to observe the human obligation which is inseparable from the fulfillment of the human right can’t be fully respected. So this double-sided situation leads to a compromise ; corporal punishment. It should be not only as painful as death but also exclude irreversible impairments inasmuch as there is always possibility with which the charge turns out false.

    2 0 답글
  4. Hoyas voladoras의 프로필
    Hoyas voladoras 님의 반대 의견 - 2년 전

    I do not think that death penalty is for victim’s right. If just killing bad guys would make them magically heal their wounds and eliminate what had happened to them, there are no reasons to against it. But apparently it is not the case. They might get feel a bit better when they heard that their perpetrator died. However, their wounds and the fact that such things had happened will not be gone. It’s not that we cannot allow them small peace because it is not cost effective. I’m telling that under the name of ‘For victims’ , people are so immersed to think that punishment is the only thing to do that they are neglecting the truth of this system. For the sake of everyone’s life, we need to more focus on how to get this better and how to prevent it. And killing is not the best answer that we can have to do this.

    2 0 답글
  5. 의 프로필추천댓글
    익명 님의 찬성 의견 - 1년 전

    Think about it can you still just say Death penalty is not O.K since your family have been murdered by some one?

    4 0 답글
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