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Capital Punishment Simplified Revision Notes

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Capital Punishment

Religious, Moral and Philosophical Studies

Capital Punishment - Responses to Crime

Introduction

Capital punishment, often referred to as the death penalty, is a highly debated and controversial response to crime within the framework of morality and justice.

Key Aspects of Capital Punishment

Definition and Purpose:

Capital punishment involves the execution of an individual who has been convicted of a serious crime, typically murder. Its primary purposes include:

  • Retribution: Imposing a penalty proportionate to the crime as a matter of justice.
  • Deterrence: Discouraging potential offenders from committing similar crimes.
  • Public Safety: Ensuring that dangerous criminals are permanently removed from society.

Historical Context:

  • Capital punishment has a long history in Scotland, dating back centuries. Public hangings were common in the past and served as both punishment and a deterrent.

Abolition and Reinstatement:

  • In Scotland, capital punishment for murder was abolished in 1965. Prior to that, it was suspended in 1948 and reinstated briefly in 1955.
  • The decision to abolish capital punishment followed a broader trend in Europe toward the abolition of the death penalty.

Global Perspective:

  • The use of the death penalty varies worldwide. Many countries have abolished it, while others continue to employ it for various crimes.

Ethical Considerations

Human Rights:

  • Critics argue that capital punishment violates fundamental human rights, including the right to life.

Capital Punishment

Capital Punishment

Risk of Wrongful Execution:

  • Concerns about the possibility of executing innocent individuals underscore the ethical debate. Advances in forensic science have led to the exoneration of some death row inmates.

Deterrence Effectiveness:

  • The efficacy of capital punishment as a deterrent remains a subject of debate. Some studies suggest it may not be more effective in preventing murder than life imprisonment.

Recent Developments

International Abolition Trends:

  • Globally, there has been a trend toward the abolition of the death penalty. The majority of countries have now abolished it in law or practice.

Scottish Perspective:

  • Scotland has maintained its commitment to the abolition of the death penalty for all crimes, with a focus on rehabilitation and restorative justice.

Conclusion

Capital punishment, as a response to crime within the context of morality and justice, remains a contentious issue. Scotland's historical experience with capital punishment includes its abolition in 1965, reflecting broader global trends. Ethical considerations center on human rights, the risk of wrongful execution, and the effectiveness of deterrence. Scotland's commitment to abolition aligns with a global shift away from the use of the death penalty, emphasizing alternative approaches to addressing serious crimes.

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