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Group Assignment: Summery and Analysis

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Capital punishment is and will always be a much debated topic in many legal systems alike. Although it was removed from the Canadian Criminal Code[ Criminal Code, RSC 1985, c C-46 s 745] in 1976, capital punishment remains alive and well, still being in effect in 32 U.S. States. This begs the questions of what the reasons supporting this irrevocable form of punishment are, as well as the counter arguments that follow. In full support of the former, in his article titled “On Deterrence and the Death Penalty”[ Van Den Haag, Ernest (1969) On Deterrence and the Death Penalty. The Journal of Criminal Law, Criminology and Police Science, 60(2) ], Ernest Van Den Haag outlines his thoughts which support the use of the death penalty and how it might deter heinous crimes against society. The first section of this paper will give a summery of Van Den Haag’s thoughts, which he outlined in the article, including the main points and arguments made which support his view. Following this summary, an in depth analysis of how the article relates to my personal beliefs and understanding of the topic will take place.
Summary
In section one of the article, the author brings up the point that the purposes of the death penalty must always be understood as being one of two things: doing justice or deterring others. Van den Haag points out that any other aim of a justice system, such as rehabilitation, would not be met by this form of punishment. It is his belief that opponents contesting the use of the death penalty must show that that neither purpose is met in order to illustrate that it should be abolished[ Van Den Haag, Ernest (1969) On Deterrence and the Death Penalty. The Journal of Criminal Law, Criminology and Police Science, 60(2),pp.141]. He then outlines the purpose of his paper which is to challenge the claim that capital punishment is useless as a form of deterrence.
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