Assignment_Criminal Justice

Posted on: 27th May 2023

Question

Write an essay of 600-1,000 words that provides a thorough explanation of the following:

Evaluate the use of Supermax against the long-term pathologies it creates

Describe the major arguments for and against the death penalty and state which argument you find to be more convincing and why.

Discuss bans on executions of the mentally retarded and juveniles

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Solution

Criminal Justice

A supermax is a maximum-security prison that is built to house the most dangerous prisoners. Using supermax against long-term pathologists is essential because it can lead to better recidivism rates and how inmates commit crimes and return to prison after they have been released. A major goal of supermax is that it helps to protect other inmates and staff from the inmates with a history of violent and dangerous behavior (Haney, 2015). It is clear that, compared to the long-term pathologies, the use of supermax is important because it keeps dangerous offenders confined, thus helping the community feel safer. Also, using supermax against long-term pathologies helps lower recidivism (Rhodes, 2014). Further, supermax makes prison officials feel that the threat of being in maximum security housing will deter prisoners from committing crimes after their sentence. Compared to the long-term pathologies, supermax improves inmates' behavior within the shortest time, thus making most of them stay out of trouble, thus avoiding being placed in segregation confinement.

There are two major arguments for the death penalty which at some point, other people support the act, and others oppose it as a discriminatory and inhuman way of treating those involved in the crime. For instance, the proponents of the death penalty view it as a harsh penalty that is needed for criminals involved in the worst crime in society (Derrida, 2017). It is also significant that those who support the death penalty feel that it is a deterrent to capital crimes feel that such punishment in society could help discourage people from terrorism and murder. Further, the proponents of the penalty argue that it is needed as retribution. This means that the punishment committed by criminals should match their crime; thus death penalty is needed as a moral balance to the wrong done by criminals. It is also significant that the death penalty helps families that were affected by crime to feel that their rights were looked at and even makes them not live in fear of criminals getting out of prison. But on the other hand, there are those who feel the death penalty violates human rights. Those who are against the act feel that every human has the right to life; thus, exposure to such a penalty is torture and inhuman. Another thing is that the death penalty is applied unfairly; thus, it is important not to be used as a way of punishment. Those who are against the act feel that the punishment does not single out the worst offenders, and those facing the death penalty cannot afford their attorney (ACLU., n.d). This indicates that most of those exposed to the punishment is innocent, thus showing that it is an inhuman act. Further, the punishment is racially divisive because, most of the time, it always counts white lives as more valuable than black, thus making those against it discriminative punishment. I find it more convincing that the death penalty violates human rights; thus, the government needs to stop using it as a punishment. I also agree that the punishment is applied unfairly against people who are able to get an attorney; thus, it is not an important way of punishing those involved in crime.

The 2002 case of Atkins v. Virginia saw the supreme court ban execution of the mentally retarded, which contributed to the campaign to abolish the juvenile death penalty. It was found that the execution of people who were not fully capable of their actions was unusual and cruel banning it was a significant thing that enabled people to have their rights for life (Conner & Williams, 2017). It is fundamental that death is not a suitable punishment for the mentally retarded; thus, banning provided justice to both groups.

References

ACLU. (n.d.). The case against the death penalty. American Civil Liberties Union. Retrieved June 18, 2022, from https://www.aclu.org/other/case-against-death-penalty

Conner, A., & Williams, B. (2017, May 12). Banning the juvenile death penalty: Success Through Funding of Nonprofit Advocacy and coalition work. National Committee for Responsive Philanthropy. Retrieved June 18, 2022, from https://www.ncrp.org

Derrida, J. (2017). The Death Penalty, Volume II. In The Death Penalty, Volume II. University of Chicago Press.

Haney, C. (2015). Mental health issues in long-term solitary and "supermax" confinement. Crime & Delinquency, 49(1), 124-156.

Rhodes, L. A. (2014). Pathological effects of the supermaximum prison. American Journal of Public Health, 95(10), 1692-1695.

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