Social and legal structures have deployed various methods to respond to inconsistency on established cultural and legal frameworks. The norms are formulated to promote a particular course of action in the society as well as ensure integrity is upheld comprehensively in various parts of the world. Notably due to disparities in social-cultural structures as well as political systems in the globe various mode of mitigation to unlawful action are evident. Also, in order to discourage actions that are termed inconstant with acceptable action from both cultural and legal structures culprits are subjected to punishments. The notion that punishments are established from the legal platform, the magnitude of the crime committed should be reflected in the mode of punishment. However, consideration is crucial in order to establish facts beyond reasonable to ensure a suspect of a particular crime is truly guilty and deserve the prescribed punishment. Therefore, minor offense involves minor and capital offense or crimes are resolved with capital punishment. However, capital punishment is surrounded controversy especially from humanitarians’ perspective in the society. The notion that capital punishment involves termination of the life of fellow humans based on the crimes committed social structures, as well as the legal framework, has been gradually lowering commitment to convict suspects on this basis. Though the punishment has been practiced in the society both from the legal and cultural perspective, in the recent past the controversy has been increasing culminating to gradual denounce of the issue. Nations actively practicing the punishment has been reducing in the last three decades. However, the need to punishment capital offenders through death penalty is being practiced in various parts of the society on the grounds that a capital crime should be condemned with a punishment of similar magnitude. In this case it is apparent that divisions regarding capital punishment are evident resulting to emergence of both merits and disadvantages of the punishment. This paper is geared towards comprehensive evaluation of capital punishment from on the basis of two fundamental divisions surrounding the issue.
Advantages of capital punishment
Notably, capital punishment is fundamentally mounted on capital offences committed in the society. In order to respond in the similar magnitude to the offenses committed legal structures were formulated to execute individuals guilty of capital offences in the society after a judicial evaluation on the established facts associated the suspects to the crime suspected. The fundamental factors that culminated to the formulation of legal provisions in response to the capital crime were to discourage the offences as well as reduce the prevalence of capital crimes with a particular area of jurisdiction. From the perspective of advantages actively imposing capital punishment to the offenders varying factors arises. It is argued that the magnitude of a crime or unlawful actions should be reflected in judgment passed on the guilty suspect. Therefore, minor crimes should involve substantial low punishment and capital crimes should be severely punished. On this ground capital punishment is approved on the murder case as well as other crimes of similar magnitude against humanity. Through capital punishment, severe crimes are settled on similar techniques of deliberately terminating the life of convicted individuals on the basis of capital offences.
It is also argued that responding to capital crimes via life imprisonment culminates government obligation to meet respective demands of prisoners. On this ground, an economical constrain on the government raises due to its responsibility the inmates upkeep. Therefore, life imprisonment rather than capital punishment is the expensive method of dealing with capital offences in the society. In this case, capital punishment is advocated on the basis of the cheap notion. The cost involved in capital punishment is relatively low than basing judgment of capital crimes on life imprisonment of the offender. Capital punishment establishes an apt judicial basis terminate potential crimes in the society in case an inmate is released. The fact that capital punishment involves termination of life of the convicted individuals, potentials crimes that can be associated with the criminals are reduced through his/her execution. On this ground the notion of security threats from particular criminal are highly reduced through their execution. In addition, in case a criminal serves a life sentence the issue of being security threats to the fellow inmate arises. Therefore, it is argued that termination of life of establishes an end to potential crimes of similar magnitude in the future. Notably, capital punishment is a highly publicized action that highlights the systematic progress of the process from court trails, judgment and eventually execution of the culprits. From his perspective, the notion cautioning criminals in the same activities are established. It is argued that individuals that are criminal activities face the consequences of their actions through witnessing execution of colleagues face death in great pain. In this case the notion of criminal withdrawal from similar activities is established and criminal operations associated with capital crimes can reduce remarkably.
Disadvantages of capital punishment
On the other capital punishment meets opposition based on its validity with the social-cultural practice as well as the competency of the legal structures to implicate an individual with a crime beyond reasonable doubts. The disadvantages of capital punishment are diverse and involve vast factors associated with the capacity of an individual to terminate the life of a fellow mankind. Based on vast implication to the culprits as well as social-political structure capital punishment in the society is receiving condemnation and nations are gradually dropping the legal provision advocating for its active practices. Placing of capital punishment involves execution of convict within a stipulated time frame. Through courts finding on established facts is thorough, the notion of correlation and direct association with culprit can result to failure to pass judgment accurately. From this perspective, it is argued that in case an individual is later found innocent capital punishment is irreversible.
Also, capital punishment involves emotional disorders to the family members of the culprit based on the process of performing the punishment. According to recent studies on emotional disorder emanating from capital punishment families of offender and victim experience the disorder. Therefore, the emotional disturbance caused by the punishment is alarming in the society. Notably, the moral structures are mounted behavioral patterns as well established norms, as well as, legal system, therefore, promoting capital punishments, plays a significant role in eroding apt social structures to mold appropriate moral values in the society. Legal structure in various nations uphold human rights in different perspectives, the right of an individual to live has been established to safeguard the lives of mankind in the society. However, it is argued that capital punishment is against the fundamental rights of an individual to life. This establishes a contradiction notion from the legal perspective where one clause promotes life and the other advocates for its termination. These highlight fundamental and direct disadvantages associated with actively practicing capital punishment in the society.
Notably, prevalence of capital crimes in the globe is on the rise in the globe especially in nations that have dropped the punishment on the offenders. In addition, crimes related to capital crimes in prisons are increasing hence elimination of capital punishment in the society has played a significant role in the increasing number of capital crimes in diverse parts of the globe. Also, nations promoting capital punishment for capital crimes in have been registering minimal capital offences. From this perspective it is apparent that human population are sensitive to the established legal structures rather than the social aspects that condemns particular activities with advocating for direct judgment approach. In this case the notion of capital punishment in the legal structures should be established in order to cope with the increasing number of criminal activities that are not only security threat but also source of moral decadence in the society. From a personal perspective capital punishment should be upheld in order to respond to crimes of similar magnitude and eventually mitigate the increasing crime rates in the society. Justice is an important aspect that promote equal platform from a legal perspective. Therefore, in order to achieve justice in capital crimes in the society similar measures should be deployed. Capital punishment poses as an appropriate response to capital crimes and as the fundamental measure towards mitigating criminal activities in the society from a legal framework. The major rebuttal to the advantage of capital punishment involves its cost. The cost of capital is expensive to the government due to the vast appeals from the offender. On the other hand the rebuttal to disadvantages entails innocence of the offender as well as the moral notion of the punishment. Notably, capital offences take thorough analysis over a prolonged period of time to gather relevant information and through execution justice is upheld and apt behavioral patterns are promoted.
Capital punishment has been practiced in the society for decades through various techniques as established by either legal or social structures. Capital punishment posed as the most appropriate method or legal procedure to respond to capital crimes in various parts of the world. However, in the recent past due to social-political influences capital punishment practice in various notions has been declining remarkably. From the above findings evaluation of capital punishment can be approached in two distinct perspectives, advantages as well as disadvantages. Notably, the two perspectives are informative regarding the issue of capital punishment in the society. The advantages call for comprehensive establishment of the punishment in the legal structures and demerits critically condemns practice of capital punishment. However from personal perspective, capital punishment poses as the appropriate solution capital punishment in the society.