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Archive for July, 2007

07 31st, 2007

   

The next major argument is the question of whether or not the death penalty deters people from killing other people.  There are some people who are for the death penalty that would say “It does not deter because the punishment is not swift enough” (Death Penalty Argument, 4).  Those who oppose the death penalty would agree with those would say that there is no proof to show that the death penalty deters other people from committing a capital crime.  Maybe the real question is how many people does it take to be deterred before one could call the death penalty effective?  If the death penalty stops one person from committing a capital offence, wouldn’t that be effective?

            The cost is another problem with the death penalty.  “Economic considerations should be second to justice considerations.  It does not matter how much it cost, but it is cheaper than life” (Death Penalty Arguments, 5).  A debater for the death penalty for brings forth that argument.  On the other hand, “because the death penalty involves so many required post-trial hearings, reviews, appeals, etc. it ends up costing more than life imprisonment” (Death penalty arguments, 5).  How much of a role should cost play in the decision making process?  There is no amount of money that can be substituted for someone’s life.

            The mistake argument is probably the most argued topic that has to deal with the death penalty. “Any mistake made is only a small percentage of the total, something like only 0.33 of 1%; errors are very rare” (Death Penalty Arguments, 5).  “It is irreversible.  Twenty-five people have been wrongfully executed since the start of this century alone.  Anything that involved even one error like this is unacceptable” (Death Penalty Arguments).  In this argument the people who oppose the death penalty would probably have the upper hand.  In order to find an accused person guilty of a crime, the prosecutor has to prove beyond a reasonable doubt that the defendant is guilty on all circumstances.  There are some courts who would define the burden of proof to be greater than seventy-two percent (Ian Jones).  This means that a jury would only have to be seventy -two percent convinced that the defendant is guilty and the defendant gets the death penalty.  “According to a Stanford Law review study of approximately 7,000 people executed in the United States since 1900, at least twenty-three were innocent” (Gregory, 3).  No wonder there are some people who are wrongfully accused.


07 28th, 2007

 

One of the biggest arguments in the United States to day is the decision by the government too put a convicted felon to death.  For years and years this has been taken to the judicial system of the United States.  For years and years judges has been hearing cases on why they should and why they should not put people to death.  Is it a moral issue?  Does the government have the right to take someone’s life?  So what is the right answer?  The answer to that is there is none.  It is left into the hands of the states. Some states have the death penalty and some do not.  In fact, some states have multiply forms of the death penalty.  As one reads decide whether or not one feels the death penalty is warranted.  Before the decision is made, take a look at the history of the death penalty and some of the arguments debated for and against the death penalty.

            The death penalty has existed ever since the United States existed.  It was not until 1972 when the debates over the death penalty came into the light.  In 1971, William Furman was robbing a home, when one of the residents caught him while he tried to run away (Gregg v, 1).  During his escape he tripped and fell causing his gun to fire killing one of the residents of the house.  He was later convicted of murder and sentenced to death.  In 1972 the case Furman vs. Georgia 408 U.S. 238 (1972) was sent to the Supreme Court.  They ruled that the death penalty went against the eighth and fourteenth amendment.  This ruling banned the death penalty in the United States (Gregg v, 1).  Four years later the death penalty was reinstated after the Supreme Court ruled that the death penalty did not violate the eighth and fourteenth amendments in all circumstances (Gregg v, 1).  The case was Gregg vs. Georgia 428 U.S. 153 (1976) where Leon Gregg was convicted of armed robbery and murder.  Even after this ruling not all states reinstated the death penalty.  After this ruling the debates began.

            One of the many debates about the death penalty is whether or not the death penalty is moral and fair.  Some of those for the death penalty would say “The law only requires premeditation and malice, not philosophical reflections, so there should not be any restrictions on age, etc.  It’s what the offender deserves” (Death Penalty Arguments, 4).  The statement above is saying that no matter what the age, race, etc of the offender, the punishment should fit the crime.  One could call it an eye for an eye.  Those who oppose would argue “juveniles and other protected classes have not formed the more maturity of truly guilty offenders; they are coping the best way they can; we do not let juveniles buy beer or cigarettes, so why should we execute them (Death Penalty Arguments, 4)?  The government considers a juvenile any person under the age of eighteen.  Think about that for one second.  The difference between a person who is eighteen and one who is seventeen could be less than a year.  Is the moral maturity between the two that great of a difference?


07 25th, 2007

 

Like I Said state differ in there enforcement on DUI my state of Florida has vary Strict laws against it because down in south Florida all the beaches night Clubs bars act… attract tourism, this can always lead to trouble because nine Out of ten people drive a motor vehicle right after coming from a social Event. Miami is the hot spot this coming from the governor of Miami Jeb Bush says “Studies have shown that between 1 a.m. and 6 a.m. on any Given weekend, one out of every seven drivers is operating their Vehicle at an unlawful blood alcohol level” that quote right there is Incredible it brings chills to my stomach when I hear it because all Those seven drivers that are driving impaired are risking there lives and Every one around them. Now im going to talk a little bit about the History of the DUI law.

In January 1, 1958 they established a .15 BAC Limit in which they “thought” you were intoxicated and could not Operate a motor vehicle because you lose your motor senses. But Then for some miracle they lowered the BAC limit from .15 to .10 in 1967. But then 1980 came along and they established the legal Drinking age which was 21. The history of DUI is vary extensive and Long I may only touch the surfaces of them but there all important. On The other hand there is also another more serious king of DUI which is Aggravated DUI. This is like a whole different sub category it so Serious for example if your caught operating a school bus carrying Children its considered a class 4 felony and you can be but into prison For 1 to 3 years and fines for up to $25,000 dollars, your license can Be revoked minimum for 1 year, you can put to prison for up to 12 Years for DUI causing great bodily harm or injuries. If this aggregative DUI causes death its considered a class 2 felony and you can be Imprisoned for up to 14 years and fines up to $25,000, 6 to 28 years For multiple fatalities and Two-year minimum revocation of driving Privileges.

A aggravated DUI is a vary serious offence as you can tell if you Look at the penalties I would think twice about doing it. This report or paper Has helped me learn about the different kinds of punishments in different States if it wasn’t for the research I did I wouldn’t know anything. This paper Has helped me out. And one last thing don’t drink and drive.


07 22nd, 2007

 

Effects and punishments on DUI’s. A DUI is a very serious criminal offence.   DUI simply stands for (Driving under the Influence) it doesn’t necessarily Have to be alcohol, it can be driving under the influence of any drug or Substance. The reason why this law is enforced so much is because in 2002, An average of one person every 30 minutes died because of an alcohol Related crash. And in California Each year there are approximately 200,000 Arrests for DUI. So law enforcement departments are cracking down and Being stricter and hiring more police officers to enforce the law.

A DUI Offence can lead to a misdemeanor or a felony depending on the number of Offences and violation of probation. The punishments vary from state to State. Some enforce DUI’s stronger then others, states make there own laws.  For example in Oklahoma for misdemeanor offences which is a crime that is Punishable by jail time for less then one year, you can be jailed up to 10days To 1 year. Depending on any violations of any kind. You can be fined for up To $1,000 dollars if they give you probation there are more fee’s attached to That which are called “probation fees” and are $40.00 dollars a month. You also have the estimated court fees which are $600.00 dollars estimated. You also have “other additional fee’s” you must pay which are $400.00 estimated.

Now for first time felonies these are the consequences you must pay. Its almost about the same as misdemeanor offences but you can be jailed for 1 to 5 years in prison and you can also be fined up to $2,500.00 court fees and additional fees remain the same. But that’s for first time felony for the second time felony the consequences are even more crucial for example jail time can be from 7 to 10 years in a local state prison and be fined up to $5,000.00! And remember this is Oklahoma these punishments, fines, ECT… vary from state to state. A DUI is not some to take in lightly. If you operate a vehicle under the influence of any drug you have to remember your not only risking your life but for your incompetence you’re a big danger Out on the streets. Other people can pay for the incompetence of others and That is unacceptable.

But now im going to go over the penalties for my own State of Florida. If you plead guilty for the first time conviction the penalties Are up to 180 days in jail. Your license can be suspended for up to 1 year in The state of Florida. Up to $500.00 dollars in fines and obligations. You can Be assigned probation for up to one whole year, that’s if you don’t violate it. You can also be assigned community service hours which are obligations Meaning you must do it or other convictions can arise you can only be assign Up to 50 hours for the first offence. You also have court fees which you must Pay at your own expenses. Here is by far the worst part, if convicted there is Going to be a Permanent DUI conviction for life. Which means your vehicle Insurance premiums are going to be so expensive, and that’s if any insurance Company will insure you, and your vehicle can be impounded at owners Expenses. And all these penalties for just the first offence in Florida. 


07 19th, 2007

 

Many people views Euthanasia morally just and unjust. St. Augustine opposed suicide as violation of the 6th commandment (“Thou shall not kill”.) In his summa theological. St.Thomas Aquinas stated that it is unlawful to kill oneself for three reasons….[first] suicide is contrary to the inclination of nature, and to  charity whereby every man should love himself [;]…..[second] every man is part of the community and by killing himself he injuries the community[;]…..[third] because life is God’s gift to man….whoever takes his own life, sins against God”. What are some of the pros and cons based on Euthanasia? According to the article there’s different view points on physician-assisted suicide. The cons: “Tremendous pains and suffering of patients can be saved”, and the pros: “It would violate doctors’ Hippocratic oath” (Cavalier, Robert).
Based on the con: it stating that Doctors have enough knowledge and experience to know when a patient’s days are numbered, and based on the pro: Upon receiving a medical degree, each Doctors is required to take a Hippocratic Oath which says among other thing, “ First , do no harm”.

            All in all, researching on Euthanasia enhance my knowledge on mislead Physician assisting suicides. I believe that we need to protect people’s rights according to the 14th Amendment. I disagree with Doctors who think they know when patient’s days are numbered. Death is the only punitive measure that cannot be reversed. Doing this research paper helped me to understand both parties, and I believe that I should be imposed without certitude that Euthanasia will continue.