...Williams Engl 111 4/4/14 Delong No to the Death Penalty I believe that the death penalty is absolutely outrageous. Its morally wrong because faith leaders from many denominations have united in their opposition to the death penalty. Many believe the death penalty: does not affirm the sacredness of human life; demeans the value of life, promotes violence, and does not promote spiritual healing and well-being of victims. Also its not a deterrent: The death penalty does not deter crime. A survey of experts from the American Society of Criminology, the Academy of Criminal Justice Sciences, and the Law and Society Association found that 88% of the nation’s top criminologists believe the death penalty is not a deterrent. In a 1995 Hart Research Associates Poll of police chiefs, the chiefs ranked the death penalty as the least effective tool in deterring crime. Then its executing innocent people at times. The Criminal Justice System is not infallible, and as long as states impose the death penalty innocent people will be put to death. Since the U.S. reinstituted the death penalty in 1973, 139 wrongly convicted people have been released from death row. Then comes the cost. The death penalty costs significantly more than a life without parole sentence, in some estimates about 10 times the amount. This is because of the heightened process that the death penalty requires. The average length of time from a sentence of death to an execution is 13 years. During that time the taxpayer is...
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...The death penalty has been an inalienable part of human society and its legal system for centuries, regarded as a necessary deterrent to dangerous crimes and a way to liberate the community from dangerous criminals. However, later on this type of punishment came to be regarded as a crime against humanistic ideals by many, and its validity in the legal system has been questioned. Until now, the debate rages on. This resulted in a wide discrepancy of laws on this issue. Some nations including China, the US, Iran, Belarus, and others preserve the death penalty as an option, while others like Canada, Australia, New Zealand, and almost all European nations have abolished capital punishment. Still others keep the norm in their legislation’s, but have de facto suspended execution of criminals sentenced to capital punishment. This paper will seek to prove that death penalty has to be preserved as a valid means of prevention serious crimes. It will examine the effect of death penalty on society and its relevance to the protection of interests of common citizens. The history of death penalty is almost as old as the history of mankind. Various means of capital punishment involved burning, hanging, drowning, crucifixion, breaking on the will, boiling to death, electrocution, firing squad, gassing - the list can be continued. The choice of a particular method in Europe in the Middle Age, for instance, depended on the social status of the condemned. Painless and respectable ways were reserved...
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...aspects. Capital punishment is defined as the legal infliction of the death penalty on persons convicted of a crime. It is a form of retributive justice that some feel is justified when proportionate to the crime committed. In the United States capital punishment is not intended to inflict and physical pain or torture but rather just used as another form of punishment. Many civilizations such as the ancient Romans and Egyptians used capital punishment to punish citizens form crimes such as blasphemy, treason, theft and murder. They believed in the “eye for an eye” doctrine. These ancient civilizations would perform capital punishment in the forms of stoning, burning, garroting, beheading, decapitation and crucifixion. Unlike how capital punishment is used today these methods were used to humiliate and inflict pain; they would be considered as cruel, barbaric and unusual punishment. Most deaths resulting from capital punishment in ancient civilizations were very slow instead of immediate. Two of the most popular cases of ancient capital punishment are that of Socrates and Jesus Christ. Great Britain originally brought the death penalty over to the United States and implemented it into the laws of the original 13 colonies. Although capital punishment was mostly accepted there was also opposition that it was an inhumane way to punish those who violated the law. In the late 1700s opposition to the death penalty gained enough strength to lead to important restriction on the use of...
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...as, “the use of the death penalty to punish wrongdoers for certain crimes” (Gaines & Miller, p. 269). This type of punishment is the ultimate consequence for the most heinous crimes, and one of the greatest controversial topics in the criminal justice system. Some believe that this penalty is not only barbaric, cruel and unusual, but argue that the average cost per execution is extraordinary, totaling multi-millions of dollars. Quite a few death row inmates, that are previously found guilty for capital crimes, are later found innocent and released from prison. Supporters of the death penalty believe in the concept of “an eye for an eye” or in Bill Maher’s words, “capital punishment works great. Every killer you kill never kills again.” Critics in the United States of America, as a civilized society that it is, believe that the most violent, atrocious, habitual offenders known to man receive a cruel and unusual punishment with inflicted “unnecessary pain” from execution by lethal injection. The injection is administered in a three-drug “cocktail”: the sedative, the paralytic, and finally the drug to stop the heart. After the sedative takes effect, the body’s sense of pain is deadened, subsequently leading to an easy, painless death. I don’t know what could possibly constitute a more humane or peaceful death than that of the widely used lethal injection to carry out an execution sentence. There are alternate methods of carrying out an execution sentence than that...
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...The rights of death penalty is a major problem in the world. Many people have very different views on death penalty. This even includes Judicial, Executive and Legislative branch. Death penalty still appears to be a common punishment for years to come, but will it last? This here are opinions and certain rules that have been established on thoughts of death penalty by the three branches. The U.S Supreme court has issued many changes of rulings when related to the death penalty. One rule that has been established by Supreme Court in Texas was stopping the act of evaluating intellectual disability in death penalty cases. In Texas, Supreme Court in the Miller-EL v. Dretke case has also shown the Supreme Court to be racially fair when it comes to death penalty cases. They have redone trials before based off their thoughts of racial bias being used in trial. This is one reason why Judicial Branch gets a lot of respect among people. President Obama is a man of the executive branch. His opinion on death penalty by his own words, is a “very difficult and troublesome” matter. Barack Obama does not see death penalty being...
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...only 53% of the vote. Over half the states in America favor the death penalty and apply it, while at least a dozen states have chosen not to implement it. As a resident of California, I believe that with our current fiscal crisis, it would be wise to convert current death penalty sentences to life without parole in an effort to save taxpayers millions of dollars. “Legal executions in California were authorized under the Criminal Practices Act of 1851” (History of capital punishment in California, 2010). Since that date, over 500 people have been executed by the state. California has gone through the transition from hangings, to the gas chamber, to lethal injection. In 2006, executions were put to a halt due to claims that the 3 combination lethal injection was cruel and unusual punishment. There are currently over 700 inmates, both men and women, who are waiting to be put to death. The death penalty system that we currently have in place is inactive. However, it is still costing taxpayers their money, and a large amount of it at that. California taxpayers, a considerable amount more per death row inmates than we do general population inmates. If we converted their sentences to life in prison without the possibility of parole, that would save us millions a year. The first recorded state execution took place on March 3, 1893 by hanging. (History of capital punishment in California, 2010) Inmate executions were carried out like this until August 27, 1937 when lethal gas...
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...code of King Hammurabi of Babylon. At this time only twenty five crimes were punishable by death. These crimes were carried out by crucifixion, drowning, beating to death, burning alive and impalement. As you can tell capital punishment has been around for a long, long time and probably not going anywhere (DPIC). Do you know when the first form of capital punishment was performed on North American soil? The first execution in the colonies was that of Captain George Kendall. The execution took place in the Jamestown colony of Virginia in 1608. Captain Kendall was executed for being a spy for Spain. From there on out, capital punishment continued throughout the colonies. The crimes punishable by death varied for colony to colony (DPIC). Today, there are around fifty countries that still use the death penalty. One of these countries is the United States of America. The United States has condemned over a ten thousand people to the death penalty since its beginning. Should the United States continue with the death penalty or should it be abolished. Do you believe the death penalty goes against everything the United States stands for? Do you think that capital punishment goes against our constitution, particularly the eighth amendment? I personally believe that the death penalty is not breaking the eighth amendment. As a citizen of this country I highly believe that you should be put to death for certain crimes. I...
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...the right to life, liberty, and security of person.” A central principle of a just society is that every person has an equal right to “life, liberty, and the pursuit of happiness.” Within that framework, an argument for capital punishment can be formulated along the following lines: some acts are so vile and so destructive of community that they invalidate the right of the perpetrator to membership and even to life. Those who violate the personhood of others, especially if this is done persistently as a habit must pay the ultimate penalty. This punishment must be inflicted for the sake of maintaining the community whose foundation has been violated. We can debate whether some non-lethal alternative is a fitting substitute for the capital punishment. But the standard of judgment is whether the punishment fits the crime and sufficiently honors the nature of moral community. Definition of Capital Punishment: Capital punishment, also called the death...
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...Should Death Penalty be abolished in America? Death penalty, or capital punishment, the most severe punishment for criminals, has been in the punishment system in countries all over the world for thousands of years. The history of death penalty is almost as long as the history of human beings. Death penalty was once considered as natural as life itself. It was usually applied to those criminals who had conducted grave crimes and no one would feel pity for the criminals in the past. However, with the development of human beings, different voices about death penalty appear more and more often. Some people argue that in modern society where life is highly valued, death penalty that deprives of a person’s life would be too cruel. Therefore, campaigns are launched for the purpose of abolishing death penalty. However, there are still some other people who firmly support death penalty. As a result, in today’s society, death penalty has become an extremely controversial issue, both sides of which have its own supporters and reasons. This paper explores to the different sides of death penalty, to find whether death penalty is necessary or not in today’s world. In the coin of death penalty, side A stands the firmly supporters of death penalty, claiming that death penalty is a cruel necessity in today’s world. A latest Gallup poll shows that 64% of the Americans support death penalty and 29% oppose it. For especially atrocious crimes, the support rate rises to 80% (Jones, Jeffrey M)....
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...DEPARTMENT OF THE ARMY FIELD MANUAL FM 27-10 THE LAW OF LAND WARFARE This copy is a reprint which includes current pages from Change 1. DEPARTMENT OF THE ARMY - JULY 1956 *FM 27-10 FIELD MANUAL No. 27-10 DEPARTMENT OF THE ARMY WASHINGTON 25, D. C., 18 July 1956 THE LAW OF LAND WARFARE DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited. P This manual supersedes FM 27-10, 1 October 1940, including C 1, 15 November 1944. 1 2 FM 27-10 C1 CHANGE No. 1 HEADQUARTERS DEPARTMENT OF THE ARMY WASHINGTON, D. C., 15 July 1976 THE LAW OF LAND WARFARE FM 27-10, 18 July 1956, is changed as follows: Page 5. Paragraph 5 a (13) is added: (13) Geneva protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous, or Other Gases, and of Bacteriological Methods of Warfare of 17 June 1925 (T. I.A .S. —), cited herein as Geneva Protocol of 1925. Page 18. Paragraph 37 b is superseded as follows: b. Discussion of Rule. The foregoing rule prohibits the use in war of poison or poisoned weapons against human beings. Restrictions on the use of herbicides as well as treaty provisions concerning chemical and bacteriological warfare are discussed in paragraph 38. Page 18. Paragraph 38 is superseded as follows: 38. Chemical and Bacteriological Warfare a. Treat Provision. Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices, has been justly condemned by the general opinion...
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...CHAPTER THREE CONCEPT OF NATIONAL DEVELOPMENT 1. MEANING AND NATURE OF DEVELOPMENT Development is a multi-dimensional process. Development according to international encyclopedia of social science "is a rapid sustained rise in real output per head and attendant shift in technological, economical and demographic characteristic of a society together with the more concept of social development and political development". Walter Rodney opined that "Development in human society is a many sided process. At the individual level it implies increased skill and capability, greater freedom, creativity, self discipline, responsibility and material well being". Amaucheaz, in his submission stated that, development is a multi-dimensional process involving the totality of man in his political,, economical, psychological, social relations among others. Development as a concept is multi-dimensional phenomenon that embraces economics, political and socio-cultural aspect of a nation. When the political, social and economic conditions of a state are in good shape, that state qualifies to be termed developed or developing state. 3.2 NATIONAL DEVELOPMENT STRATEGIES, NEED AND ECONOMIC DEVELOPMENT. The national development strategy is a means, way, and plan in which the government formulates and implements its policies in order to accelerate the rate of development in the policy. Obasanjo administration made series of efforts to lay a solid foundation for the socio-economic growth...
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...VIRGINIA PROCEDURE OUTLINE CHAPTER I: EXTRA-JUDICIAL PROCEDURES Note: These Procedures take place without the participation of a judge or the court 1) Self Help a) Predates existence of the organized state b) Now greatly discouraged because police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters...
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...Bombay High Court 1 1862 - 2012 A Journey of 150 Years through some Memorable Judgments Part 1 2 PREFACE A tiny kernel of an idea planted by Justice Mridula Bhatkar took root, and has resulted in a humble effort to present before you a compendium of the crux of some of the judgments of the Judges who have served the Bombay High Court since its inception in 1862.1 The initial idea was to document one judgment of the First Court from each year which was modified to include a judgment of the Bombay High Court of each year. I soon realized that it was too expansive an idea to merit a single judgment a year. I could collect and collate, as many as ten judgments which would qualify to show the development of the law we desired to portray. Having found too vast a number of such judgments, I had to settle at a more reasonable figure of about five judgments each year to showcase the progress this Court has made from its illustrious beginnings. Our Chief Justice Mohit Shah and our Justice Chandrachud wholeheartedly supported the idea to complement the Book published on this the sesquicentennial of our Court. As the number of Judges grew, fewer judgments of each Judge would be selected as illustrations. These judgments are not the only path-finding groundbreaking ones; they are also ones with simplicity and legal elegance. The number of judgments we settled upon just would not permit all deserving judgments to be compiled; only a few have been picked from each year as the first in...
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...FREAKONOMICS A Rogue Economist Explores the Hidden Side of Everything Revised and Expanded Edition Steven D. Levitt and Stephen J. Dubner CONTENTS AN EXPLANATORY NOTE In which the origins of this book are clarified. vii PREFACE TO THE REVISED AND EXPANDED EDITION xi 1 INTRODUCTION: The Hidden Side of Everything In which the book’s central idea is set forth: namely, if morality represents how people would like the world to work, then economics shows how it actually does work. Why the conventional wisdom is so often wrong . . . How “experts”— from criminologists to real-estate agents to political scientists—bend the facts . . . Why knowing what to measure, and how to measure it, is the key to understanding modern life . . . What is “freakonomics,” anyway? 1. What Do Schoolteachers and Sumo Wrestlers Have in Common? 15 In which we explore the beauty of incentives, as well as their dark side—cheating. Contents Who cheats? Just about everyone . . . How cheaters cheat, and how to catch them . . . Stories from an Israeli day-care center . . . The sudden disappearance of seven million American children . . . Cheating schoolteachers in Chicago . . . Why cheating to lose is worse than cheating to win . . . Could sumo wrestling, the national sport of Japan, be corrupt? . . . What the Bagel Man saw: mankind may be more honest than we think. 2. How Is the Ku Klux Klan Like a Group of Real-Estate Agents? 49 In which it is argued that nothing is more powerful than information,...
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...Part Introduction to the Law 1. 2. 3. 4. 5. 6. 7. 8. Law, Legal Reasoning, and the Legal Profession Dispute Settlement Business Ethics and Corporate Social Responsibility Business and the Constitution Crimes Intentional Torts Negligence and Strict Liability Licensing and Intellectual Property 1 Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was expelled...
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