The death penalty is a controversial means of punishment that divides society on whether it is morally acceptable to allow individuals to die as retribution for serious crimes. Australia abolished the death penalty in 1973 under the Commonwealth Death Penalty Abolition Act. Under this Act, a person under the laws of the Commonwealth “is not liable to the punishment of death for any offence (1973, s.4).” The Australian government later passed the Crimes Legislation Amendment (Torture Prohibition & Death Penalty Abolition) Act (2010, s.274.1) to ensure that no territory or state could attempt to reintroduce capital punishment. However, some members of the Australian society are against the implemented legislation, and propose that the death penalty
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By allowing the death penalty, criminals who have committed serious offences are made an example out of to educate future criminals on what the consequences will be as result of their actions (Berg 2010, 138). This would result in an increase of happiness, as the community would be in a safer environment due to the decrease in serious crime and the original offender no longer present in society. However, Stichter (2014, 143) and Finkelstein (2006) make reference to the lack of evidence to support the view that the death penalty is an effective deterrent for future crime. An explanation for this is due to the death penalty not being applied in all cases, causing the fear to diminish. Instead, Stichter (2014, 133) comments on criminals receiving life in prison without the possibility of parole, to be the most effective deterrent as it is a severe punishment that is morally accepted in society. It has been found that criminals who face life in prison without parole often wish they had received the death penalty due to the severity of the sentence. Pamela Smart, a woman serving a life sentence due to her involvement in her husband’s murder, commented on the life sentence being worse than the death penalty due to the sentence not having an end where as the death penalty does (SOURCE). As the death penalty is yet to be found as an effective deterrent, utilitarianism cannot justify the actions of the killing of one to potentially benefit the broader society. However, utilitarians can justify the death penalty as it removes the threat of the offender reoffending, allowing maximum happiness in the broader community. In conclusion, by reinstating the death penalty, Australia will be denying individuals their right to life under the inconclusive pretence that it will deter
By allowing the death penalty, criminals who have committed serious offences are made an example out of to educate future criminals on what the consequences will be as result of their actions (Berg 2010, 138). This would result in an increase of happiness, as the community would be in a safer environment due to the decrease in serious crime and the original offender no longer present in society. However, Stichter (2014, 143) and Finkelstein (2006) make reference to the lack of evidence to support the view that the death penalty is an effective deterrent for future crime. An explanation for this is due to the death penalty not being applied in all cases, causing the fear to diminish. Instead, Stichter (2014, 133) comments on criminals receiving life in prison without the possibility of parole, to be the most effective deterrent as it is a severe punishment that is morally accepted in society. It has been found that criminals who face life in prison without parole often wish they had received the death penalty due to the severity of the sentence. Pamela Smart, a woman serving a life sentence due to her involvement in her husband’s murder, commented on the life sentence being worse than the death penalty due to the sentence not having an end where as the death penalty does (SOURCE). As the death penalty is yet to be found as an effective deterrent, utilitarianism cannot justify the actions of the killing of one to potentially benefit the broader society. However, utilitarians can justify the death penalty as it removes the threat of the offender reoffending, allowing maximum happiness in the broader community. In conclusion, by reinstating the death penalty, Australia will be denying individuals their right to life under the inconclusive pretence that it will deter