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Capital punishment is one of the most debatable questions on both legal and ethical levels. Those who defend the death penalty believe that it is a deterrent to crime as well as retributive justice. According to Velamala (2021), the just desserts are a common defense of capital punishment where punishment fits the crime. In this sense, killing a person is a justification for the right of the state to administer the last punishment, especially when it involves heinous offenses like premeditated murder. According to supporters, such punishment will not only restore moral balance but also remind society of the issue of justice.
Nevertheless, opponents argue that capital punishment cannot be ethically approved as it only prolongs the injustices in the system and compromises the dignity of human beings. Bessler (2022) states that the death penalty is cruel by nature, discriminatory, and does not align with the aspects of fairness and equality as championed in the Constitution. He brings out the claim by Justice Thurgood Marshall that the death penalty is a mirror of the failure of society rather than the guilt of individuals. A probability of wrong conviction adds more weight to the ethical issue, as the murder of innocent people is a crime that cannot be corrected.
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Order nowThe ethical issue in this respect is whether one should leave this and make a compromise between the two aspects of view. Retribution and deterrence have answers on paper, yet the process of discrimination in terms of imposing the death penalty, fallibility of man, and inhumanity of murdering another human being leaves many questions as to whether the death penalty can really be a morally justified entity. The ideas of respect for human dignity and justice form the basis of ethical thinking, and, in this case, capital punishment will hardly be able to meet the requirements of moral legitimacy. This, once more, brings us to the point that the probability of the thirst of vengeance is higher than the risks of injustice, or that other ways should be found, which will bring responsibility and humanity to an agreement.
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- Bessler, J. D. (2022). The Gross Injustices of Capital Punishment: A Torturous Practice and Justice Thurgood Marshall's Astute Appraisal of the Death Penalty's Cruelty, Discriminatory Use, and Unconstitutionality. Wash. & Lee J. Civ. Rts. & Soc. Just., 29, 65.
- Velamala, L. S. N. (2021). Can Capital Punishment Be Justified? A Study. Indian JL & Legal Rsch., 3, 1.