Death Penalty in the USA Essay Example | Topics and Well Written Essays - 1000 words

Death Penalty in the USA - Essay Example   The courts have instead been granted discretion to decide the method to be used, leaving this form of punishment susceptible to abuse. Solution: Uniformity and Specificity of Laws It is important for states to have laws that more or less contain similar provisions especially with regards to topics of a controversial nature (Sutton, 2010). For instance, almost all countries in Europe have abolished these laws, based on Article 2 of the  Charter of Fundamental Rights of the European Union  which expressly prohibits capital punishment. This goes to show that countries in this region are reading from the same script – something that other countries should strive to achieve. The laws also need to be more specific especially on the methods to be used – some countries use hanging, lethal injection, electrocution, gas chamber, and firing squads. Problem: Fitting the Crime There has been a huge debate as to whether the death penalty is the proper punishment for certain c rimes (Feser, 2011). The question is whether this punishment fits the crime. In most cases, a convicted murderer is sentenced to death, but many critics have asked why the same punishment is not meted out against drug dealers whose crimes may have led to the death of many. Serial rapists and pedophiles are often not sentenced to death despite the unspeakable damage to women and children. Solution: Just Deserts It would be advisable for countries to determine whether the punishments meted outfit the crimes. The principle of proportionality states that the penalties should be proportionate in their severity to the gravity of the crime committed (Belrad, 2008). Problem: Failure to Exercise As previously stated, most countries contain provisions for the death penalty, however, most do not exercise them, thus making these provisions redundant. In most cases, these sentences are translated into life-long ones. It should be noted that there are crimes which are punished by life-long senten ces. Does this mean that capital offenses are reduced to the level of these offenses? Solution: Exercise the Law to the Letter This problem can be solved by exercising the law to the letter because failure to do this beats the whole purpose of having laws in the first place. If it is not compulsory for the courts while meting out punishments to adhere to the laws, then why should the civilians care? The law should be enforced to its full letter while also taking into consideration its spirit. Problem: Controversy There has been a lot of debate on this form of punishment.