Death penalty

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categorie: Engleza

nota: 8.04

nivel: Facultate

Capital punishment is practised in most Moslem countries,for murder,drug trafficking,
adultery,rape,sodomy and apostasy.In the rest of the world,it is normal only in cases
of murder and drug trafficking(except in China where it is available for some 60 crimes
including economic offences).

Murder accounted for more than three quarters of all record executions in[...]
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Capital punishment is practised in most Moslem countries,for murder,drug trafficking,
adultery,rape,sodomy and apostasy.In the rest of the world,it is normal only in cases
of murder and drug trafficking(except in China where it is available for some 60 crimes
including economic offences).

Murder accounted for more than three quarters of all record executions in 2005,with
drug offences being the second most common type of crime.
It is reported that 8 male juveniles were hanged in Iran durring 2005 for offences they
committed before the age of 18.America now specifically bans the execution of a person
under 18 at the time the crime was committed.
Capital punishment in the U.S. is officcialy sanctioned by 38 of the 50 states,as well by the
federal government and the military.
The overwhelming majority of executions are performed by the states:the federal government
maintains the right to use capital punishment but they are using it once in a while.
Each state practicing capital punishment has different laws regarding the methods,age limits
and crimes which qualify.
The state of Texas has performed more executions than any other state.
Capital punishment is a highly charged issue with many groups and proeminent individuals
participating in the debate.

Arguments for and against it are based on moral,practical,religious and emotional grounds.
Advocates of the death penalty argue that is deters crime,improves the community by making
sure that convicted criminals do not find their way out into the streets to offend again,and is
cheaper than keeping convicted criminals in high security prison for the rest of their natural
lives.
Opponents of death penalty claim that capital punishment cheapens human life and puts
government on the same law moral level as criminals who have taken life.
Is true that,a society like the american one,should afford to keep criminals alive in prisons,to
give them a chance to become better people,to regrete and meditate,about what have they
done.Most of all,because the researches has shown that capital punishment,used as a
deterrent,has no positive or negative effect.
Since the reinstatement of the death penalty in 1976 there have been 1047 executions in the U.S.
and there were 60 executions in 2005.

The main criteria of the law which punish with death penalty is intentionality.That's why the voluntary
manslaughter is punished by death and self-defence or involuntary manslaughter,carries sentence
of 3 to 7 years of prison at the maximum.
After criminal defendants are convicted of a capital crime,typicaly capital murder,they receive a
separate capital sentencing hearing,which takes the form of a trial-like proceeding on the issue
of punishment.
Normaly,a jury makes the decision whether to sentence a convicted murder to death,but is not
invariably true.

Although a jury must find the defendant eligible for the death penalty.
In deciding the appropriate punishment for capital murder,ordinarily either the death penalty or
life inprisonment,the sentencing authority in most jurisdiction will consider agravating factors
and mitigating factors.
Agravating factors or agravating circumstances,are facts about the offense or the offender that
suggest greater moral culpability.
Mitigating factors or mitigating circumstances,are facts about the offense or the offender,though
they not constitute justification or excuse for the offense may be consider fairnes and mercy as
extenuating or reducing the degree of moral culpability.
If the sentencing authority weighs the aggravating and miligating factors and determine that death
is the appropiate sentence,then the death penalty will be imposed.
Various methods have been used in the history of the American colonies and the U.S. but only five methods are curently used.

Currently lethal injection is the method used or allowed in 37 of the 38 states which allow the
death penalty and by the federal government.
Nebraska requires electrocution.
Other states also allow electrocution,gas chambers,hanging and the firing squad.
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