Identify and explain which penal theories underpin the death penalty.
The death penalty was abolished in Great Britain in 1965 (and in Northern Ireland in 1973), but still exists in other countries. Do you think that the death penalty should be reintroduced in the UK? You should explain your answer with reference to penal theory.
Nick was rushing to pick his daughter up from school. As he was running quite late, he was in a hurry and was driving at a speed that was in excess of the speed limit for the residential street on which he was driving. He was also on the phone to his daughter who had called to see how much longer he would be. Distracted by his irate daughter, Nick does not notice that Jenny, who is on a moped, is stopped at a red traffic light. Nick hits Jenny at quite a significant speed. Jenny is knocked off the moped. The moped is badly damaged by Nick's car.
Nick is shocked, but uninjured. Jenny was wearing a helmet, so luckily she does not suffer any head injuries. However she does suffer from a broken arm and a spinal injury. Jenny has to take two months off work as a result of her injuries. The medical specialist who has been treating Jenny is of the opinion that it is difficult to determine what the long term effects of her spinal injury may be.
Identify the civil claim which is available to Jenny, and explain which facts she must prove to be successful in her claim and to what standard she must prove them. State whether you think her claim is likely to succeed. Explain the categories of damages she may be awarded.
The three theories that underpin the death penalty are retribution, deterrence and
Incapacitation. Retribution is a principle that supports the death penalty because it seeks to ensure that the punishment given to an offender fits the crime they committed. Additionally, retribution ensures that the offender receives the same level of harm that they inflicted upon the victim (The Open University, 2017 p 9). Murder is one of the crimes that attract the death penalty in jurisdictions that have not abolished it. Analysing the theory of retribution from the perspective of murder convictions illustrates how the theory supports the death penalty in that it would ensure that the offender suffers the same level of harm they caused the victim. The retribution principle also aims at punishing those who are blameworthy and seeks to impose punishments that are equivalent to the level of wrongdoing committed by the offender (The Open University, 2017 p 9)....
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