Justice System - capital Punishment  

            The U.S Supreme Court supports the death penalty by arguing that its goal is to promote deterrence and retribution. State courts and some States like Texas have employed capital punishment under the argument that if offenders were allowed to live, they could commit more violence (McLeod, 2018). Many scholars have ignored the use incapacitation of criminals due to two invalid assumptions. The opponents of incapacitation argue that incapacitation entails various non-lethal alternatives models including life without parole, prediction error, and solitary confinement (McLeod, 2018). Opponents rely on these assumptions in ruling out that incapacitation is dangerous and pose real problems in the future.  In addition, they argue that capital punishment prevents future violence and also protects the prison guards from being harmed. However, my stand is that the court and other opponents should not use these objections in dismissing the use of incapacitation. It is important to consider human treatment, human dignity, and safety in the future (McLeod, 2018). Even though the invalid assumptions were real,   the problems including the prediction error can be reduced. Thus, opponents should stop ignoring the use of incapacitation using the arguments that it is associated with future dangerousness. The problem with the argument is that the opponents have incorporated future dangerousness support death sentences yet without brief experiment nor offered solution to the future dangerousness (McLeod, 2018). It is important to understand that incarceration has never acted as an alternative to the death sentence. In the past, offenders who were not incarcerated experienced other punishments such as transportation to a foreign land and this method protected the society (McLeod, 2018). Today, life imprisonment with parole and single-cell confinement are morally superior to the death sentence. Supports of incarceration argue that chances of committing another crime after being released from the prison are low (McLeod, 2018).   According to my standpoint, capital punishment does not deter crime since it is inhuman following that some offenders may be innocent. Capital punishment is not constitutional or rather it does against the procedural law by denying offenders their right to demonstrate innocence.

 

 

 

 

 

 

 Reference

 

McLeod, M. S. (2018). The Death Penalty as Incapacitation. Virginia Law Review, 104(6), 1123–1198. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=132667316&site=ehost-live