Research on the Death Penalty and Its Appropriateness

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He asserts in this speech that the human rights for those who has already abandoned another’s can be forfeited. Also, for the sake of human rights, even the most serious criminal has right to trial by judge and the death penalty is not given instantaneously but through sufficient legal analysis. It is a false accusation for the abolitionists claiming that the death penalty is against the human rights because they do not know what and how much the death penalty case has been considered in the court in order to bring up the most impartial judgment.

The death penalty is necessary because it can prevent from a repeated crime. If the convict has done a horrible crime and that resulted in the death penalty, for the safety issue, he should be eliminated from the society because no one knows he will repeat such crime if released. South Korea is known for its leniency on serious crimes such as murder and rape. For example, average sentenced year for sex offense on juvenile is 4 years. Although South Korea’s Department of Justice officially maintains death penalty system, it does not carry out an execution more than 15 years so South Korea is considered as a country abolitionist in practice (Amnesty International). Interestingly, according to the National Policy Agency in South Korea, in 2008, 53.7% of the criminals with violent crimes such as murder and rape had already committed the same crime before. This theory may face an opposing view that then the criminal should rather get a life sentence. Refuting this opinion, I claim that it costs too much for a person to live till he or she dies naturally, and it is risky to keep such heavy felon in a prison because he or she might escape from the prison even if it is highly unlikely.

When the court system is weak and lenient, unfair justice can be made due social status. In South Korea where their justice system shows more sympathy for criminals than it does for victims, even the death penalty can be reversed and it has really happened in 1997. The former military general who had successfully staged a coup, President Chun from South Korea had received a sentence to death for killing of approximately 2,000 citizens at the massacre of Gwangju, leading an insurrection, conspiracy to commit insurrection, taking part in an insurrection, illegal troop movement orders, dereliction of duty during martial law, murder of superior officers, attempted murder of superior officers, murder of subordinate troops, leading a rebellion, conspiracy to commit rebellion, taking part in a rebellion, murder for the purpose of rebellion, as well as assorted crimes relating to bribery (39-Doh-3376). However, he was released after 2 years in prison with collaboration of conservative party because he had already become very powerful in politics. The former felon Chun is now living in a mansion with high security happily ever after while the victims of massacre of Gwangju are still struggling.

The appropriateness of the death penalty has long been an issue that has a certain answer. There are as many countries that prohibit the death penalty as there are countries that maintain such system. In conclusion, however, as long as our society is only capable under rules and orders, humanly sentiments should only affect in certain extent. It is cruel relenting on capital punishments on criminals since they are also born as humans like us, there needs to be a certain line that cannot be crossed and for those who has crossed the line certainly need an exile from a society. The difference between humans and animals is that in human society physical strength is not the only determinant of order. Our strongest determinant is the reason. We form a society upon laws; laws are comprised of logic and reason. Treating against such violent crimes is simple: if one breaks the law, we exile him or her away for a while, and if the gravity of crime is too immense, we eliminate this criminal forever. This way our society may sustain in prosperity.

Works Cited

Amnesty International. Campaigning Toolkit- Death Penalty the Ultimate Punishment.

June 2008. Web. 20 Nov. 2014.

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Death Penalty Information Center. Web. 20 Nov. 2014.

http://www.deathpenaltyinfo.org/states-and-without-death-penalty>

FBI, Uniform Crime Reports. Nov. 2014

Gregg v. Georgia. The Oyez Project at IIT Chicago-Kent College of Law. 1 Dec 2014.

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Human Rights Research Team, National Human Rights Commission of Korea. Research

Findings from Public Opinion Survey on Capital Punishment. June 2004.

Mill, J. S., John Stuart Mill, Speech on Capital Punishment.

http://ethics.sandiego.edu/books/Mill/Punishment/. Sandiego.edu. Web. 6 July 2014.

Schelling, T. C. (1966), "2", The Diplomacy of Violence, New Haven: Yale University

Press, pp. 1–34

Gregg v. Georgia. The Oyez Project at IIT Chicago-Kent College of Law. 1 Dec 2014.

.

39-Doh-3376. Supreme Court (South Korea). 17 Apr. 1997. National Legal Information

Center. Web. 01 Dec. 2014.

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