1、Death PenaltyA Punishment against CivilizationbyLina ChenforDr. ConleyENG 101-02November 19, 2013OutlineThesis: Death penalty, as the cruelest and toughest punishment, should step down from the stage of history.I. Background on the Situation of Death PenaltyII. Reasons against Death PenaltyA. Inevit

2、able Outcome of Human CivilizationB. Not a Necessary Measure to Preserve the Power of Ruling ClassC. Not an Effective Deterrent to CriminalsD. the Indulgence of Human Revengeful InstinctIII. The Future of Death PenaltyNearly two hundred years ago, Cesare Beccaria, an Italian jurist and philosopher,

3、questioned“whether the punishment of death isreally just or useful in a well governed state in his book On Crimes and Punishments, which later on triggered a significant argument against the punishment (Beccaria 342). From politicians to scholars, from law-executors to civilians, people from various

4、 fields were concerned with the issue. They argued about whether death penalty, as the cruelest and toughest punishment, should step down from the stage of history. A satisfactory answer was not given from this long-lasting debate. However, with more and more countries abolishing capital punishment

5、nowadays, it seems much clearer that the inhumane penalty should not exist in the civilized society any more.The abolition of death penalty is the inevitable outcome of human civilization. Looking back to the development of death penalty, readers can realize that as the historical remains from ancie

6、nt times, death penalty gradually falls into decay. It has a long history in almost every country and experiences a reformed process from abuse to prudence. During the Middle Ages, death penalty was once prevailed in Europe. German jurists Mittermaier and Karl pointed out that “ thethreat of capital

7、 punishment was frequently employed in the German criminal law Constitutio Criminalis Carolina, published in 1532 (24). Influenced b”y Enlightenment thoughts and civilized values, German government abolished death penalty. Later on the abolition gained momentum and spread to other countries. Accordi

8、ng to an international research, “ since 1990, an average of three counteriaecsh year have abolished the death penalty, and today over two-thirds of the worlds nations have ended capital punishment in law or practice ( “ Th”e World Movestowards Abolition ” , par. T1h).us, death penalty becomes decli

9、ned along with the development of civilization and its abolith is the general trend of history.In addition, death penalty is no longer the necessary measure to preserve the power of ruling class. The radical nature of law is to maintain the social relationships and orders that benefit ruling class.

10、As the strictest punishment, death penalty is regarded as the most effective remedy by ruling class around the world. By enforcing it to those who threaten dominance, the authority not only completely deprives them of their lives, but also intimidates other potential criminals. Therefore, the shaper

11、 social contradiction is, the more prevailed death penalty becomes. However, since the world has stepped into the twentieth century, the class situation has changed fundamentally. Today republics predominates human society, which means class conflict is not irreconcilable anymore and political power

12、 is diminished. With such historical trend, the class nature of law is greatly weakened. Instead, the ultimate pursuit of fair and justice becomes the root. As proved by the history, in the period when violence is worshipped and death penalty is abused, violent crimes are extremely severe and the wh

13、ole society is out of order. What a healthy and civilized society need is not death penalty culture in contempt of life but a judicial system that respects human rights. Thus, there is no doubt that death penalty should be abandoned in the modern society.Besides, death penalty cannot act as an effec

14、tive deterrent to criminals. Defenders of death penalty regard it as the ultimate deterrent to offenders. They argue that the reason why criminals commit crimes is to seek an advantageous result. If the result is far beyond tolerance, criminals will definitely give up after weigh advantages and disa

15、dvantages. Nevertheless, regardless of the root of crime, the view is just a pure conjecture.Crime is a complicated social issue. It is the outcome under the influence of various elements such as politics, economy and culture. Since death penalty cannot eradicate the root cause of crimes, it cannot

16、stem the tide of violent crimes. It is impossible to shovel the soil for crimes by utilizing death penalty. Conversely, it will cover social source by the fa?ade that all the criminals have been punished. To truly prevent and combat crimes, the radical solution depends on effective comprehensive man

17、agement rather than the level of punishment.It is the indulgence of human revengeful instinct by resorting to death penalty. The most realistic function played by death penalty is that it satisfies vindictive streaks hidden in human beings. People who support death penalty insist that it is the nece

18、ssity based on morals and justice, and it also brings solace to grieving relations. Retribution is the objective existence. However, it is not the rational product but an inheritance of cruelty. As a Dutch scholar Hugo Grotius stated that, “Now punishment in general means an evil of suffering which

19、is inflicted because of an evil of action ”(Grotius, par.2). Although the instinct is difficult to be impaired, the measures taken in order to fulfill it have evolved constantly. Since antiquity, the system of death penalty has been changing all the time. By putting more restriction on target and ci

20、vilizing methods, human beings finally usher modern civilization. Nowadays the fundamental change is that many countries abolish capital punishment in succession.As Beccaria argued, Can“pain, which is a sensation, have any connection with a moral sentiment, a matter of opinion? ”(21), this controversial issue of death penalty gives people more chances to reconsider about the balance between humanity a