An analysis of capital punishment as a part of the criminal justice system

Why the era of capital punishment is ending By David Von Drehle The case of Dzhokhar Tsarnaev absorbed Americans as no death-penalty drama has in years.

An analysis of capital punishment as a part of the criminal justice system

History Anarchist Auguste Vaillant guillotined in France in Execution of criminals has been used by nearly all societies since the beginning of civilizations on Earth.

The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system.

Communal punishment for wrongdoing generally included compensation by the wrongdoer, corporal punishmentshunningbanishment and execution.

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Usually, compensation and shunning were enough as a form of justice. A blood feud or vendetta occurs when arbitration between families or tribes fails or an arbitration system is non-existent. This form of justice was common before the emergence of an arbitration system based on state or organized religion.

It may result from crime, land disputes or a code of honour. In most countries that practise capital punishment, it is now reserved for murderterrorismwar crimesespionagetreasonor as part of military justice.

In some countries sexual crimes, such as rapefornicationadulteryincest and sodomycarry the death penalty, as do religious crimes such as Hudud and Qisas crimes, such as apostasy formal renunciation of the state religionblasphemymoharebehhirabahFasadMofsed-e-filarz and witchcraft.

In many countries that use the death penaltydrug trafficking is also a capital offence. In Chinahuman trafficking and serious cases of corruption and financial crimes are punished by the death penalty. In militaries around the world courts-martial have imposed death sentences for offences such as cowardicedesertioninsubordinationand mutiny.

Elaborations of tribal arbitration of feuds included peace settlements often done in a religious context and compensation system. Compensation was based on the principle of substitution which might include material for example, cattle, slave compensation, exchange of brides or grooms, or payment of the blood debt.

Settlement rules could allow for animal blood to replace human blood, or transfers of property or blood money or in some case an offer of a person for execution. The person offered for execution did not have to be an original perpetrator of the crime because the social system was based on tribes and clans, not individuals.

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Blood feuds could be regulated at meetings, such as the Norsemen things. One of the more modern refinements of the blood feud is the duel. In certain parts of the world, nations in the form of ancient republics, monarchies or tribal oligarchies emerged. These nations were often united by common linguistic, religious or family ties.

Moreover, expansion of these nations often occurred by conquest of neighbouring tribes or nations. Consequently, various classes of royalty, nobility, various commoners and slaves emerged. Accordingly, the systems of tribal arbitration were submerged into a more unified system of justice which formalized the relation between the different " social classes " rather than "tribes".

The expense of the death penalty has lawmakers reconsidering an old debate.

The Torah Jewish Lawalso known as the Pentateuch the first five books of the Christian Old Testamentlays down the death penalty for murder, kidnappingpracticing magicviolation of the Sabbathblasphemyand a wide range of sexual crimes, although evidence suggests that actual executions were rare.

The Romans also used death penalty for a wide range of offences. When abolishing the death penalty Xuanzong ordered his officials to refer to the nearest regulation by analogy when sentencing those found guilty of crimes for which the prescribed punishment was execution. Thus depending on the severity of the crime a punishment of severe scourging with the thick rod or of exile to the remote Lingnan region might take the place of capital punishment.

However, the death penalty was restored only 12 years later in in response to the An Lushan Rebellion. Under Xuanzong capital punishment was relatively infrequent, with only 24 executions in the year and 58 executions in the year The two most common forms of execution in the Tang dynasty were strangulation and decapitation, which were the prescribed methods of execution for and 89 offences respectively.

Strangulation was the prescribed sentence for lodging an accusation against one's parents or grandparents with a magistrate, scheming to kidnap a person and sell them into slavery and opening a coffin while desecrating a tomb. Decapitation was the method of execution prescribed for more serious crimes such as treason and sedition.

Despite the great discomfort involved, most of the Tang Chinese preferred strangulation to decapitation, as a result of the traditional Tang Chinese belief that the body is a gift from the parents and that it is, therefore, disrespectful to one's ancestors to die without returning one's body to the grave intact.

Some further forms of capital punishment were practised in the Tang dynasty, of which the first two that follow at least were extralegal. The second was truncation, in which the convicted person was cut in two at the waist with a fodder knife and then left to bleed to death.

When a minister of the fifth grade or above received a death sentence the emperor might grant him a special dispensation allowing him to commit suicide in lieu of execution. Even when this privilege was not granted, the law required that the condemned minister be provided with food and ale by his keepers and transported to the execution ground in a cart rather than having to walk there.

An analysis of capital punishment as a part of the criminal justice system

Nearly all executions under the Tang dynasty took place in public as a warning to the population. The heads of the executed were displayed on poles or spears.

Equal Justice for Victims: A Blueprint for the Rightful Restoration of Capital Punishment [Lester Jackson Ph.D.] on attheheels.com *FREE* shipping on qualifying offers. The title is based on two shocking facts, one unreported by the media: (1) the disgracefully scandalous official abuse of violent crime victims; and (2) the ghastly gap in the value placed on the lives of victims vs. barbaric. The chart summarizes the most common events in the criminal and juvenile justice systems including entry into the criminal justice system, prosecution and pretrial services, adjudication, sentencing and sanctions, and corrections. Background. Capital punishment is the lawful infliction of death as a punishment and since ancient times it has been used for a wide variety of offences.

When local authorities decapitated a convicted criminal, the head was boxed and sent to the capital as proof of identity and that the execution had taken place. The breaking wheel was used during the Middle Ages and was still in use into the 19th century. In medieval and early modern Europe, before the development of modern prison systems, the death penalty was also used as a generalized form of punishment.

During this period, there were widespread claims that malevolent Satanic witches were operating as an organized threat to Christendom.The expense of the death penalty has lawmakers reconsidering an old debate.

By Richard Williams. The question of whether capital punishment is an acceptable way to administer justice has long perplexed the nation’s lawmakers and divided its citizens.

Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is killed by the state as a punishment for a attheheels.com sentence that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out the sentence is known as an attheheels.com that are punishable by death are known as capital crimes or capital.

Criminal Justice: Capital Punishment Focus. Background The formal execution of criminals has been used in nearly all societies since the beginning of recorded history.

This post is part of a series on the possible impacts of Trump’s election on a variety of social justice issues. Click here to read more.. by Michelle Brown*. Capital punishment, Most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system.

Others while accepting retribution as an element of criminal justice nonetheless argue that life without parole is a sufficient substitute. model depicting the entire criminal justice system were created with capital punishment as one variable existing within the larger system a better picture might emerge offering some insight into this complex, multifaceted problem.

Capital Punishment in the United States