Capital punishment will never end

Introduction

Capital punishment or death penalty could be seen through the constitution restriction in the civil society. It means, the laws and regulations have been set up or established as preconceived bounders for citizens to execute. When the benchmark is set up, the standardization and modernization would classify the crimes according to their violation, or misbehave, or harm towards others. In this process, the lawbreaker would cause social or civil harm, economic damage, physical injury or death. The victims can take advantage of the laws and regulations to protect their civil rights in security, property, economic management or so forth. When the rights of victims achieve certain level, after the jurisdiction or police office’s interference, the lawbreaker would have to deserve the capital punishment. Only then, can the social fairness can be preserved. The research focuses on the background, historical deviation, and substitute of punishment with regards to death penalty as legal measurements.

Main body

Background of capital punishment

There are some necessity of the capital punishment, first, the civil society has serious trust crisis. If the murder, theft, kidnapper, rape, social disorder are out of capital punishment, the harmfulness could let the good citizens be fed up with the social conditions. The social trust crisis would cause national instability, or devious social interpersonal relationship maintenance. Then, the social atmosphere would have inclination to moral panic, terrorism, emptiness, negative fulfillment towards the nations because of low self esteem, or low resonance (Paluch, Bernard, Johnson, 2004). Second, the economic environment, market competition provoke for profitability orientation, there are constant cheatment, fraud, corruption, which have broken social administration pace, and cause unfairness or resentfulness, for example, the gap between rich and poor would cause revenge and deliberate murder, however the rich people can be free from accusation through bribery. Third, the technological development has posed the threats in life security protection, the accidents would let people feel a sense of isolation, while the crime techniques have varied, such as digital monitoring and privacy invasion, rumor spreading, the forms of crime have been diversified, if there is no capital punishment, the crimes would enjoy the resources, which totally do not belong to them, only death penalty could force the social awareness towrads all the violation of fairness, only then, can the sins of human beings be rejected, halted. Fourth, the social responsibility has lacked, the society tends to show a sense of entertainment towards tragedies over the crime, many lawbreakers would repetitively overlook the warning, and continue to make errors without any regret or confess, only capital punishment could let people better satisfy their demands and interact with others, fulfill their social responsibility.

Benefits of capital punishment

There are many benefits in capital punishment. First, capital punishment can be established on the human right respect, when the lawbreaker can endure his punishment, the victims’ legal rights can be seriously protected, or their social rights can be maintained in equal price. Since the human right price should be equal to death penalty, even the economic compensation or psychological apology worth nothing. Second, capital punishment can have functions in warning, or leadership over social governance. People live in social groups, out of different insterests, and there are always benchmarks or doctrines for people to execute, if they violate the morality, or authenticity, for example, if they produce unqualified products, or cheat for profitability, or have bimarriage, only the death penalty could prove the seriousness of legal system, and citizens’ rights in goodwill, marriage, economic insurance can be protected in full length (Cartwright, 2001). Third, capital punishment can use the fact as evidence to educate the stakeholders when committing crime. For example, if they understand that, the murder would follow the death penalty, or the corruption for the political leaders would result in death penalty, or relative economic compensation, the probability in violation of laws or regulations would be controlled or illuminated, reduced.

Historical development of capital punishment

Until recently, 139 countries have cancelled the death penalty, 94 have cancelled totally, 10 have cancelled common death penalty, 35 countries preserve death penalty, but in the near 10 years, the death penalty execution has lacked. At the same time, most of the Mid-east countries have provoked for the support in death penalty. Especially China, America, Japan, India, and other world super powers have still had death penalty. However the punishment forms have deviated to some extent (Hodgkinson, Rutherford, 1996).

First, the concept of capital punishment or death penalty has been preserved, such as murder, stone murder, hanging, sentence to gallows. These punishment forms have had long traditions since the ancient time. The political governance would control the unrest, quell, rebellion because of ethnic violation, deliberate murder, rape, civil security violation, corruption, drug dealing, or so forth. When the lawbreakers commit crime, which has touched the criminal law’s bottom line, they have to endure the punishment as death penalty. However, the ancient time has cruel and bloody punishment methods, such as killing head, slicing apart the body parts, or having poisonous drugs.

Second, when modernization makes progress, the capital punishment has changed into life imprisonment, or euthanasia (Scalise, 2016). It means, people do not have to be killed, their punishment would be changed into life long imprisonment for the sake of their individual legal right to survive as a natural citizen. However, there are many problems. In the first level, the constitutional bounders are ambiguous, the police office, jurisdiction, or the relevant legal sectors never put scientific judgement over the defendent. In the western tradition, the principle goes as “suspecting a crime without being accused”, or “jury system principles”, “voting rights in jurisdiction”, “false evidence orientation”, isolation between police office and tribunal, long sue procedure. All these problems have caused misconduct in law cases, and even the capital punishment’s sentence process could be a kind of twist. These problems have resulted in the last solution of death penalty.

Third, the listed regulations have put these kinds of crimes into life imprisonment, or death penalty, they are financial fraud, production of false products, social administration violation, fire explosion, deliberate murder, cultural relic theft. The punishment would vary from 10-30 years’ criminal imprisonment, and death penalty (Mandel, 2003). Furthermore, there are some substitutes in the death penalty. They are probation, community labour. With the development of social construction, and the regulation improvement, the lawbreakers have had mild punishment, and the legal system permits them to confess after the community labour, or have probation to collect further evidence.

Problems in capital punishment substitute

Though the capital punishment has been replaced because of the so-called legal right protection, the social fairness never really achieve the benchmark. Sometimes, the citizens would deliberately take advantage of the regulations to commit the crime such as property transfer among different companies, deliberate takeover, purchase of body parts, unlawful sexual intercourse, or so forth (Ekland-Olson, 2014). The death penalty results from serious social damage, however the judgment in defining the death punishment has never been scientific.

First, the criminal law, and civil law, economic law are isolated, it means, different fields’ crimes have different standards, sometimes contradictions would occur. For example, the corruption in economic law just needs compensation or property reservation, while in civil law, it should deserve life imprisonment. Second, the regulation only manage the punishment instead of using the punishment to improve social awareness, some damages could form because of long term accumulated crimes, such as cheat from the husband, however, these kinds of crimes have lacked evidence, the death penalty would never really execute on behalf of bi-marriage. Third, the death penalty's emptiness would let the lawbreakers commit crime thousands of times, their aggression would cause moral divergence, the existence of such kinds of human beings could be the social pollution. Fourth, some lawbreakers have been forced to break the regulation, it should be investigated about the incentives, or motivation, or the dominant manipulator should be firstly accused.

Conclusion

In conclusion, I support the view that, the capital punishment should be preserved, because only death could prove the preciseness and dignity of human beings’ importance. Some conspiracy should undergo clear investigation, and detailed interviews, researches, so that the crimes can have their own consequence. Furthermore, the legal system should provide more alternatives, such as arbitration, or consultation, psychological service, or digital supervision, historical information clarification to find out the truth. The punishment is only the consequence, but the process worth more.