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HCCS Capital Punishment Discussion

HCCS Capital Punishment Discussion

HCCS Capital Punishment Discussion

Description

Writing Prompt (800 words min)  Please note that you must first create a thread in order to view other threads in this forum. 

Discussion Topic:

The Global Shift against the Death Penalty

The Universal Declaration of Human Rights (UDHR) was adopted by the newly formed United Nations in  1948, soon after World War II when the nations of the world wanted to prevent tragic incidents like the Holocaust from occurring again. The United Nations was established as a mechanism to channel global human rights and citizen protection efforts, and for the first time in history, the UDHR spelled out basic civil, political, eco­ nomic, social, and cultural rights that all human beings should enjoy, regardless of the country in which they live. Of course, there were intense discussions preceding the adoption of the 1948 Declaration about the divide between nations that favored the death penalty and those that opposed it.  The death penalty was not included among the violations of human rights listed in the final text of the Declaration. But since 1948, opposition to capital punishment has grown significantly. This opposition culminated in 2007 when the United Nations General Assembly approved a non-binding global moratorium on the death penalty with the support of 104 nations, a resolution that had failed repeatedly in prior years.

The debate about the death penalty has gone on over the course of western civilization. In ancient Greece, Plato favored the death penalty for intentional murder as an issue of proportionality between crime and punishment. But support waned during the Enlightenment in the 18th century, when reason and science were seen as a better way to reform society than tradition and faith. Thinkers during this period, such as Italian philosopher Cesare Beccaria stated, “it  seems to  me absurd that the laws, which are an expression of  the  public will which detest and punish homicide, should themselves commit it, and that to deter citizens from murder, they order a public one.”

Contemporary supporters of capital punishment view it from a moral standpoint as a “just” punishment, and a deterrent to protect society. Opponents argue that the evidence does not show that the death penalty deters crime, that it has resulted in many irreversible executions when suspects have been wrongfully convicted, and that it violates the most important of all human rights: the right to life. These are reasons in the modern world why the use of the death penalty deserves renewed attention. Three important factors are relevant: the effect of the death penalty on the war on terror; the new role of transnational justice; and the strength of transnational civil society. Recent experience suggests that the death penalty is not a remedy against terrorism, because extremists are quite willing to die for their beliefs. This creates martyrs, rather than punished offenders.

The UN criminal tribunals on the former Yugoslavia and Rwanda, and the International Criminal Court, do not allow for the death penalty in their statutes, so individuals guilty of the highest form of crime in these tribunals-crimes against humanity­ are not punishable with the death penalty, but those who have committed common murders can be sentenced to death in some countries. Third, the opposition to the death penalty raised by citizens around the world has resulted in legislative action in many countries in recent years. Amnesty International finds that more than two-thirds of all nations have now abolished the death penalty in law or practice. And more than 45 countries abolished the death penalty for all crimes since 1990.

The 2007 UN resolution only asks retentionist states to suspend the application of capital punishment. The moratorium asks for a “pause for reflection” which opens a window of opportunity for a broader and civilized debate about the death penalty. It’s a debate that should ask the question of what should be counted as basic civil, political, economic, social, and cultural rights that all human beings should enjoy, regardless of the country in which they live.

SOURCE: Massimo D’ Alema, Italy’s deputy prime minister and minister of foreign affairs,  “The Global Shift against the  Death Penalty,” Christian Science Monitor, December 26, 2007, p. 9.

Discussion Question

1.     There is a clear world trend away from capital punishment. What do you see as the most important reasons for this trend? Should the  United States be influenced by this world trend in establishing its own national punishment policy? Why or why not?

2.     How do you explain the fact that the United States is one of the few nations in the world that actively employs the death penalty, and that the other nations are largely those with which the United States shares very little in common (i.e., few are U.S. allies or developed countries)?

You are required to submit a substantial response (500 words min) that stays on topic and fully addresses the assignment in a clear, concise, and meaningful manner. Use at least ONE specific example to justify your response.

Once you have shared your 800-word post, come back, and read what your classmates have written. Please respond to TWO of your classmates with a 150-word note. (Response Posts: 150 words min x2) Your responses should build off the ideas in your classmates’ posts. Try to add to or extend what your classmate is already doing. Aim for something informal but thoughtful. It does not matter to which of your classmates you respond. Choose posts that interest you.

WARNING AGAINST PLAGIARISM

Please be careful when copying text from online sources. Only short citations are allowed, and then only if specified as such. You must reformulate the existing text and use your own words to describe what you have read. It is not acceptable to rewrite existing text and cite the source in just a footnote. The purpose of this discussion assignment is not to reproduce existing material, but to determine whether you have the skills to integrate existing texts, add your own interpretation and/or criticism to texts, and offer a creative solution to existing problems.

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