15 Sep 2022

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Arguments for Punishment in Society and Death Penalty Debate by the Supreme Court

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People punish to prevent the occurrence of unwanted behavior with a perspective of preventing future instances of offence. Whether in schools, homes, or prisons, the punishment is determined by the magnitude of the crime. In families, children who offend parents face either physical or psychological discipline mechanism as parents seek to teach the child how to behave. Whether taking away toys or isolating them through grounding, the main message is to instill better behaviors in the future. Homes abide by a set system where children have to adhere to set standards failure to which disciplinary action follows. In schools, the administrations have ways of controlling deviant behavior through expulsion or detention, which depends on the ordeal. For example, copying exams and bullying, another student requires a different form of punishment. Since society, people interact and make assumptions, order and build on expectations, when someone does not heed to the requirements of set discipline, they face harsher rules and damnation. 

Discipline is also for reform and rehabilitation of offenders who have committed crimes within the society. The intent is to accept that the offence has been committed and guide wrongdoers in the hope of change. For those who seek to change behavior, they stand a chance at becoming better people in the future. The length of incarceration period is relative to the crime as the justice system seeks ways to lock up people who pose a threat to society. For example, aggravated robbery or murder harms the lives of the victims and, therefore, the need to separate lawbreakers from law-abiding citizens. Baldwin (2015) argues that is not only the period of imprisonment a disciplinary measure but also the treatment of offenders after the ordeal. For instance, hardships securing employment and dealing with stigmatization is also an unfortunate punishment. 

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I believe discipline that focuses on rehabilitation yields more significant results as there is value in that offenders can change. Rehabilitation programs can improve mindsets stuck in doing wrong as we build on restoring hope and trust in the individual. Rehabilitation takes on a therapeutic approach rather than focusing so much on punishing the individual for their wrongs. Through this method, society is receptive to the idea that people can change behavior and become better than before. By taking an approach that seeks to understand the root cause of the problem other than ignoring causes and disciplining, we build trust, hope, and need for change. 

Death Penalty Debate by the Supreme Court 

Supreme Court discusses the matter because it is of the view that the said punishment is ideal while some conservatives contest. To the courts, the decision is constitutional and seeks to bring justice for the victims. On the other hand, conservatives' perspectives are on the human side of the impact of the practice that goes against societal values and principles. As Bruinius (2019) argues, the courts have to care for they reflect standards of a civilized society. However, the courts hold that people wait too long for justice and that offenders commit despicable acts. Moreover, for those who raise concerns about religious concerns before the punishment, they wait too long. For instance, judge Gorsuch denied Bucklew's access to an imam before his execution, claiming his counsel took too long to raise the issue. 

The court argues that capital punishment does not violate the constitution, which does not sit well with opposers. Judges use the eighth amendment to defend their rulings in that the law guides the procedural aspects allowing the jury to know when to use it. On the other hand, activists and conservatives are of the stand that the amendment analysis evolves around standards of decency and respect for human life. However, Bruinius (2019) states that recent rulings alarms some liberals and conservatives as courts go beyond constitutional prohibitions of cruelty. Hence, the need for limitations on how capital punishment works and respecting human dignity in the process. 

Moreover, the death penalty involves an irreversible effect of taking away another person's life, which is considered cruel. There is tension between human dignity and the need for justice to prevail as conservative and courts disagree. People spend too much time in prison where they can change their ways, yet they still face lethal injection for their crimes. More specifically, conservatives argue that even for death penalty appeals to go through; there are times litigations are way too long. Also, the fine line between what is cruel and what is a prevalent issue. For instance, in April, Justice Gorsuch denied an appeal by two men who contested the lethal injection, as they argued that it would cause immense pain due to their condition. The denial causes the discussion on the limitations of using lethal injection as a form of punishment. Baldwin (2015) outlines that the extent the courts are willing to go to fulfill the capital sentence is worrisome. 

Christian worldview” Influence on the Concept of Punishment 

Christian views might inform movements against punishment and the need for reforms as they do not believe in vengeance. For instance, churches such as Presbyterian and Lutheran Churches oppose the death penalty. Christianity is driven by sin is human nature and "do unto others the way you would want to be done to you." Therefore, in the context of punishing others for their wrongs, biblical teachings do not advocate for such. ERLC (2014) asserts that many Christians are more likely to vote for a political party that advocates for prisoners' rights and equality. Still, Christianity teaches fairness, which is not reflected in disciplinary actions, especially capital punishment. Ideally, they would advocate for the protection of wrongdoers rather than a treatment that seems unfair. For instance, the Ten Commandments are against murder, and although they believe in justice, they might not agree with how justice prevails in lawmakers' eyes. In Christian views, prisoners are outcasts deserving of the right treatment in hope for eternal life. 

References 

Baldwin, L. (2015). What is The Purpose of Punishment? Criminal Law and Justice. 179. 336-337. https://www.researchgate.net/publication/292326736_What_is_The_Purpose_of_Punishment/citation/download 

Bruinius, H. (2019). Death penalty with dignity? Supreme Court reopens debate. https://www.csmonitor.com/USA/Justice/2019/0424/Death-penalty-with-dignity-Supreme-Court-reopens-debate 

ERLC (2014). Capital Punishment: An Overview of Christian Perspectives. Ethics and religious liberty commission. https://erlc.com/resource-library/articles/capital-punishment-an-overview-of-christian-perspectives 

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StudyBounty. (2023, September 16). Arguments for Punishment in Society and Death Penalty Debate by the Supreme Court .
https://studybounty.com/arguments-for-punishment-in-society-and-death-penalty-debate-by-the-supreme-court-essay

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