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LAW IA (1)

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    Topic: How would the reinstitution of capital punishment influence the crime rate of the Jamaican

    society?

    Name: Anissa Geddes

    Registration number: 1000390818

    Territory: Jamaica

    Year of Exam: 2013

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    Aims and Objectives

    Description of the method employed

    Findings and Discussion of Findings

    Recommendations

    Bibliography

    Appendix

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    The purpose of this Internal Assessment is to see to what degree the Jamaican society would

    benefit from the reinstitution of the death penalty. This project will seek to:

    Inform about Capital punishment. Give the opinion of the selected sample of Capital punishment. Determine whether or not the Jamaican society would benefit from the reinstitution of the

    death penalty.

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    A survey is a general investigation of a problem or a statistical study of a sample population. In

    this research paper a survey was done by the use of a questionnaire. Random persons were

    selected as targets for this research. The research paper is based on the opinions of selected

    sample. This way the risk of the information being biased is reduced. This paper analyzes and

    interprets the conditions that are present among the sample in relation to the topic of Capital

    Punishment.

    General information needed to complete this task was found in books, essays and the internet.

    This information was needed to support the primary data collected from the survey. Cases and

    references were obtained in this fashion.

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    Capital Punishment, according to the Encarta Dictionaries, is the lawful execution as

    punishment for a person convicted of committing a crime. The judicial decree that someone be

    punished in this manner is a death sentence, while the actual process of killing the person is an

    execution.

    Capital punishment is meted out to offenders of capital crimes such as murder committed after

    a capital felony for example rape or robbery. This is a must as seen with this caseKennedy v.

    Louisiana. Petitioner Patrick Kennedy was convicted and sentenced to death in Louisiana for the

    aggravated rape of his then 8 year-old stepdaughter. A Louisiana state statute authorized capital

    punishment for the rape of a child under 12. The State Supreme Court affirmed the statute,

    rejecting petitioners reliance on Coker v. Georgia, which prevented the use of capital

    punishment for the rape of an adult woman. The Supreme Court concluded that the Eighth

    Amendment bars Louisiana from imposing the death penalty for the rape of a child where the

    crime did not result, and was not intended to result, in the victims death.Since medieval times

    people have been put to death for crimes they had committed. Some of these punishments were

    crucifixion, drowning, stoning, burning at stake and beheading. More modernistic practices are

    now practiced such as usage of lethal gas or injection, electrocution, hanging, or shooting.

    For the majority if not all the societies and or countries of the world the death penalty had

    been used as a method of crime correction. This can be seen in the Torah the holy book of the

    Jews lays down the law for the crimes deserving of the death penalty for example murder,

    kidnapping, magic, violation of the Sabbath, blasphemy, and a wide range of sexual crimes.

    http://deathpenalty.procon.org/sourcefiles/Kennedy%20v.%20Louisiana.pdfhttp://deathpenalty.procon.org/sourcefiles/Kennedy%20v.%20Louisiana.pdfhttp://deathpenalty.procon.org/sourcefiles/Kennedy%20v.%20Louisiana.pdfhttp://en.wikipedia.org/wiki/Kidnappinghttp://en.wikipedia.org/wiki/Magic_%28paranormal%29http://en.wikipedia.org/wiki/Shabbathttp://en.wikipedia.org/wiki/Blasphemyhttp://en.wikipedia.org/wiki/Blasphemyhttp://en.wikipedia.org/wiki/Shabbathttp://en.wikipedia.org/wiki/Magic_%28paranormal%29http://en.wikipedia.org/wiki/Kidnappinghttp://deathpenalty.procon.org/sourcefiles/Kennedy%20v.%20Louisiana.pdfhttp://deathpenalty.procon.org/sourcefiles/Kennedy%20v.%20Louisiana.pdf
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    China is observed as the first nation to abolish the death penalty as it did in 747. This however,

    only lasted for twelve years before it was reinstated. In the last few centuries, there has been a

    drastic change in the perception of human natural rights and civil liberties. This has led to greater

    focus on the abolition of the death penalty.

    In todays world the death penalty is a controversial topic among the population. It is claimed

    to be arguable based on its questionable brutality, effectiveness, infringement of human rights

    and claim to loss of dignity. The first detections of a serious and organized movement to the

    abolition of the death penalty can be traced back to the mid eighteenth century in Italy. Soon

    after other individuals joined the campaign against executions during this period including

    French authors Voltaire and Denis Diderot, British philosopher David Hume, Scottish economist

    Adam Smith, and political theorist Thomas Paine in the United States. Since then to present it

    has been a constant battle between supporters and the abolitionist movement.

    Early oppositionists of capital punishment first grasped at the brutality of the punishments

    allotted to offenders to protest. They claimed it was a public and cruel method of punishment.

    This is also seen in the case ofGregg vs. Georgia. Petitioner Troy Leon Gregg was found guilty

    of armed robbery and murder and then sentenced to death by a Georgia grand jury. On appeal,

    the Georgia Supreme Court affirmed the death sentence, excluding its imposition for the robbery

    conviction. Gregg challenged his remaining death sentence for murder at the US Supreme Court,

    claiming that his capital sentence was a 'cruel and unusual' punishment in violation of the

    Eighth and Fourteenth Amendments because the jury "wantonly and freakishly" imposed the

    death sentence. The Court rejected the claim and affirmed the sentence. The death penalty was

    also not only used for serious crimes such as murder and betraying of ones country but less

    serious crimes such as theft. Supporters of the death penalty stated however, that capital

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    punishment was necessary for the safety of the public and therefore cannot be so easily

    discarded. Also the supporters sought to make capital punishment less gruesome. As such, the

    death penalty was now done behind closed doors. Later on in history more humane methods of

    capital punishment were employed.

    Early objectors of capital punishment also argued that the fear of imminent death was not

    necessary to control crime and properly punish wrongdoers. Instead, alternative punishment such

    as imprisonment, could effectively isolate criminals from the community, deter other potential

    offenders from committing offenses and show societys disapproval of the crimes committed.

    However the supporters of capital punishment were against this saying the ultimate punishment

    of death would be more effective in the deterrence of crimes committed. This is also argued

    saying there is always the possibility of the person being innocent or perhaps the intention was

    not present for the crime committed for example in this caseFurman vs. Georgia. Petitioner

    William Henry Furman was discovered burglarizing a home. When attempting to escape, his

    weapon went off and killed a resident in the house. He was convicted of murder and sentenced to

    death. Two other death penalty cases were decided along with Furman: Jackson v. Georgia and

    Branch v. Texas. These cases deal with the constitutionality of the death penalty for rape and

    murder convictions. The US Supreme Court held that the imposition of the death penalty in these

    cases constituted cruel and unusual punishment and violated Constitutional rights.

    http://deathpenalty.procon.org/sourcefiles/Furman%20v.%20Georgia.pdfhttp://deathpenalty.procon.org/sourcefiles/Furman%20v.%20Georgia.pdfhttp://deathpenalty.procon.org/sourcefiles/Furman%20v.%20Georgia.pdf
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    This result of the questionnaire shows the proposed measure of the Jamaican crime rate. Thirteen

    persons agreed that it was high while two persons decided it was moderate. Of the two who

    agreed that the crime rate was moderate both of them were in the age group fifteen to twenty but

    both were male. Rest of the participants was from the two age groups except over twenty five.

    87%

    13%

    0%

    Crime rate of the Jamaican soceity

    High Moderate Low

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    From the question Should capital punishment be made legal in Jamaica? nine of the

    participants agreed it should be while six of them decided against it. Of the nine persons who

    thought the death penalty should be made legal in Jamaica seventy eight percent of them were

    males. The six who agreed that the death penalty should not be made legal once more represents

    forty percent of the sample.

    Yes

    No

    Should Capital Punishment be legal?

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    This chart displays how many of the fifteen participants agreed on which methods of Capital

    punishment they thought were most appropriate. Every one of the fifteen participants agreed that

    the lethal injection was appropriate. Eighty seven percent of the sample thought hanging was

    suitable, Thirteen percent of the sample thought the gas chamber suitable while only seven

    percent of the sample thought the electric chair was appropriate.

    0% 20% 40% 60% 80% 100%

    Lethal Injection

    Hanging

    Gas Chamber

    Electric Chair

    Methods of capital punishment that are

    Appropriate

    Methods of capital punishment

    that are Appropriate

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    The results for the question Are criminals punished fairly in Jamaica? shows a sixty seven

    percent in agreement whilst the remaining thirty three percent are against it. Of the participants

    on agreement with this statement sixty percent of them are female and the remaining forty

    percent are male. For the results of the persons against the statement it is the other way around as

    forty percent of them are female and the remaining sixty are male. There seem to be not much of

    a variation pattern in terms of age.

    0

    2

    4

    6

    8

    10

    12

    Yes No

    Are criminals punished fairly?

    Are criminals punished fairly?

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    Fifty three percent of the respondents agreed that the death penalty impedes the human rights of

    the offenders of law. There seem to be no preference of gender in relation to this question. Fifty

    five percent of the respondents who agree with this question are females.

    Does Capital Punishment impede the Human

    Rights?

    Yes

    No

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    Therefore if crime is to be controlled in Jamaica the following must be done:

    Criminals are treated too fairly in the Jamaican justice system. Humane methods of capital punishment should be practiced. Capital punishment should be made legal in Jamaica.

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    Questionnaire

    TOPIC: How would the reinstitution of capital punishment influence the crime rate of the

    Jamaican society?

    Sex: Male ( ) Female ( )

    Age: 15-20 ( ) 21-25 ( ) over 25 ( )

    Capital Punishment can be defined as an execution as punishment for a crime committed.

    1. How would you describe the crime rate of Jamaica?High ( ) Moderate ( ) Low ( )

    2.

    Do you think capital punishment should be legal once more in Jamaica?

    Yes ( ) No ( )

    3. Do you think criminals are punished fairly in Jamaica?Yes ( ) No ( )

    4. Do you believe the methods of capital punishment available are humane?Yes ( ) No ( )

    5. Which crimes do you believe deserve capital punishment?Murder ( ) Rape ( ) Theft ( )

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    6. Which methods of capital punishment do you think is appropriate for the crimes statedabove?

    Lethal Injection ( ) Hanging ( ) electric Chair ( ) Beheading ( )

    other________

    7. Do you believe the crime rate of Jamaica because severe psychological effects on thesociety, state why?

    ________________________________________________________________________

    ________________________________________________________________________

    ________________________________________________________________________

    8. Does capital punishment impedes the human rights?Yes ( ) No ( )


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