Analyzing the Death Penalty in Canada: A Public Law Essay

This essay provides a comprehensive analysis of the death penalty debate in Canada from a public law perspective. It argues against capital punishment, highlighting its cruelty, financial costs, and the risk of executing innocent individuals. The essay examines the historical context of the death penalty in Canada, its abolition in 1976, and contrasts this with the continued use of capital punishment in countries like the USA, Iran, Pakistan, and China. It emphasizes the ethical considerations, the potential for judicial errors, and the psychological impact on those involved in the execution process. The essay concludes that the death penalty is a barbaric practice that fails to deter crime and should remain eliminated in Canada, advocating for alternative forms of punishment that offer opportunities for rehabilitation and justice for victims.

Running head: ESSAY 0
public law
MARCH 13, 2019
STUDENT DETAILS:

ESSAY 1
The death is severe penalty among the all sentences. The death penalty is also recognised as
the capital investment. The death penalty is severe amongst all because to enforce death
penalty, the law implementation officers to kill the offenders. The old thinking was that in the
case where someone takes away anything from us, then other is also required to take away
from him or her. In the case where a person shouts at someone, then that person is also
required to shout in return1. This point is not valid or proper where a person kills someone, in
return we should kill that person. The matter of death penalty is arguable. The question is that
whether it is moral right or not. The death penalty or capital punishment has eliminated in
Canada since year 1976. However, the death penalty is still existed in various states of USA.
There are various nations in the world, who have not eliminated the capital punishment,
however only use this in some conditions. Others, have this too, but have not really used this
in excess of ten years. There are various nations like USA, Iran, Pakistan and China still
believe in the capital punishment of death penalty in the present time. In Canada, the last
capital punishment has given in 19622. The other question is that whether it is helpful for the
societies or not. In the following parts, the death penalty in Canada is discussed and
examined.
There are various reasons for the disagreements with death penalty in Canada. The major
reason is that this is very cruel or heartless to take life of any person to state the law’s powers.
Second reason for the disagreements with death penalty is the money that this takes for death
of somebody, as this will cost the similar to put prisoner in prison for long time or life time.
In the addition of this, the third reason is the guilty sense of right and wrong which is to be
found in everybody involved, the judges who convicted the charged to death, witness to an
execution and wardens of prison who should give out execution and an individual who brings
1 Novak, Andrew, The global decline of the mandatory death penalty: constitutional jurisprudence and
legislative reform in Africa, Asia, and the Caribbean. (Routledge, 2016).
2 Cabrera, Natasha "Violence by and against children in Canada." Violence in Canada. (Routledge, 2017).

ESSAY 2
poison. This issue is about the relevancy of the judicial system. The judicial system cannot be
hundred per cent correct all time. It is possible that the judges may charge the blameless
person. There are various crimes, which end up with offenders serving prison time. Every
now and then the individuals turn up guiltless. Due to the reason that they were only send to
the prison. The criminals are not sentenced to death their sentence may be overturned. The
capital punishment is irretrievable. The judges play an important role in giving the death
penalty to someone. For that reasons, jury is an important factor in deciding the penalty.
As well, various periods the similar offences are made and diverse sentences are provided.
The black person can get the capital punishment. On the other hand, the white person may get
sentence. In Canada, prior to the abolition of the capital punishment, the residents of India,
residents of United Kingdom, and French Canadians were more likely to be performed than
others. The judge who contains those who consider that the capital punishment is more likely
to vote at fault when one other person may vote not guilty. They don’t want to take the
accountability for the death of someone, blameless or culprit. The capital punishment is not
just and ethically not correct. The death penalty or capital punishment makes focus away
from sufferers and makes focus on the concentration on the criminals.
In the past time, the society was depended based on the straightforward code of law "the eye
for the eye and the tooth for the tooth. In the present time, the time has been changed. The
society is becoming advance day by day. The people do not work by the old code of law or
old code of sentence. For an instance, it is not possible to kidnap the kids of kidnaper. Like
this, it is also not possible to rape the daughters of rapist. However, in the case where the
death penalty was imposed, it will be possible to murder the murderer. So why, as well-
informed residents, will we desire to low ourselves to that level? Do people believe that it is
required to explain the police’s powers by murdering the murderers? The death penalties are

ESSAY 3
very barbaric. The death penalties are failed to lead accused bear for some times. In this way,
it is required that in the present time or in this changing world, it is required by the society to
feel that two wrongs definitely do not create the correct. A person does not explain or prove
the societies anything, by kill the killer, with the exception of the unawareness for life of
person and well being.
Moreover, some may think that in the case where a person kills the killer, this would
discourage the other person from doing the wrong things or these types of serious crimes. On
the other hand, in Canada, rate of murder is same and there are no major differences at the
time of comparison of these states that still have death sentence. The extensively exposed
implementation may decrease the homicide, however only for the small time. For that
reason, it is not right that Canada should give the permission such a terrible undertaking of
the life of person3.
It is felt that is required to give punishment to criminals for the serious crimes; however there
are some other best ways. Before giving the death penalty to someone, the advocate of
criminal would attempt various petitions to a court to grown longer the period he or she has
to live; and relied on the small points, or the concerned judges, the criminal can be sentenced
to the custody for lifetime. The various petitions take up a great quantity of court period
and cost the community millions of dollars4. With a cost of the petitions, this will cost the
similar quantity to retain the similar prisoner in the prison for the long period or lifetime. Will
this not be best for the prisoner to possibly get the knowledge or be provided the chances
to recover, rather than broke to the chairs and murdered? I will personally somewhat see the
criminal suffer in the jail and has nothing to see to rather than leasing the governments put
3 Garland, David, "Why the Death Penalty is disappearing." Capital Punishment. (Routledge, 2016).
4 Garrett, Brandon L, End of its rope: How killing the death penalty can revive criminal justice. (Harvard
University Press, 2017).

ESSAY 4
him out of the depression by murdering him. To sentence any person to death takes one trial
however to really get someone in a chair to kill them can take the various trials. The question
should be asked why people bother with the long and expensive procedure while people can
sentence people to life in prison, at the similar costs5.
The murder of the people is very traumatizing to everyone. At whatever time, the
court issues somebody to death; the blameless each day persons who are involved
should be influenced. It is the point to be considered that how the common people should feel
after seeing the horribly killing of other person. The persons would never fail to remember
the face on an individual that they saw being chattered. The warden of jail who should carry
out the killing of the sentenced inmate must deal with mental issues that executing these
actions would escort6. In the addition of this, it is required by the judges to offend the accused
and at that moment verdict that human being, whom they have never observed in the future or
lifetime, to the death. The point to be considered that the12 males and females are place in
the position to take the decision if this individual must spend the upcoming 25 years in the
jail or must they given the death penalty. This is sure that this situation will not be likable.
No one wants to be come in this situation7.
Besides this, the other problem is that what in the case where an individual has been found
guilty and given the death penalty, and after the sometime of the capital punishment, the new
evidences come out of nowhere that prove the offender is not guilty and the offender is not
guilty of all the blames or accusations8. The question is that how does the person pay back
this the families of poor people? The long prone suit will pursue, however this is sure thing
that all money in the earth will not take back the members of family. The other question is
5 Daly, Martin, and Margo Wilson, Homicide: Foundations of human behavior. (Routledge, 2017).
6 Gartner, Rosemar, "Homicide in Canada." Violence in Canada. (Routledge, 2017).
7 Enns, Peter K, Incarceration nation. (Cambridge University Press, 2016).
8 Linde, Robyn, The Globalization of Childhood: The International Diffusion of Norms and Law Against the
Child Death Penalty. (Oxford University Press, 2016).

ESSAY 5
that what is the police team doing? It is believed by them that they had correct human being
for the crimes and at the present, with more evidences, they were not proved correct. The
death penalty is final, penalty and there is no possibility or chance to take the life of a person
back. In this case, it does not matter what the conditions or situations are9.
As per the above analysis it can be said that the death sentence must remain eliminated in
Canada. In the addition of this, it is also required to be eliminated in the various states of
America as well. From the above discussion, it is clear that the death penalty is very
merciless form of giving the punishment to the offender for the serious crimes. The death
penalty or capital punishment has the expensive procedures. Additionally, the death penalty
or capital punishment has very extensive and long term appeals procedure attached to this. As
per the factors of expenses and time, it is found that the decision of giving the death penalty
is not correct from the point of view of finance. It is required to find some other better
alternative of the capital punishment in Canada10.
The option of death penalty is not in the interest of general public and nation as well. In other
words, it can say that the decision of giving death penalty or capital punishment is not
considered as smart decision11. As seen, the death penalty is the barbaric tool, which is
utilised for the long period to give the punishment to criminals or wrong doers. At the same
time as societies evolve, so does the beliefs. Other than many look intently so long at the old
time they don’t see the upcoming period. It is required by the people to feel that the societies
have come the long way and the death penalty is the step in an incorrect way. Thus, it is
required that the death penalty or capital punishment must remain in the old time and not in
the upcoming period12. Moreover, carrying out the murder of a person leaves tremendously
9 Hood, Roger, and Carolyn Hoyle. The death penalty: A worldwide perspective. (OUP Oxford, 2015).
10 King, Peter, Punishing the Criminal Corpse, 1700-1840: Aggravated Forms of the Death Penalty in England.
(Springer, 2017).
11 Baumgartner, Frank, Deadly justice: a statistical portrait of the death penalty. (Oxford University Press,
2017).
12 Gartner, Rosemar, "Homicide in Canada." Violence in Canada. (Routledge, 2017).

ESSAY 6
deep mental scars, which do not go away during the night. Besides this, the people who
witness the murder of someone are most likely disfigured for the lifetime, overwhelmed with
the nightmares. Also this will be not so easy for the people to not to remember the face on the
charges person as he was taking the granted punishment or death penalty or capital
punishment. In this way, by taking the life of someone, a person has become the murderer. It
does not matter what are the circumstance at that time. This is simply believed that it is
absolutely wrong. It cannot be considered as correct thing. In conclusion, it can be said that
the death penalty cannot set the good example in Canada.

ESSAY 7
Bibliography
A. Articles/ Books/ Reports
Baumgartner, F, Deadly justice: a statistical portrait of the death penalty. (Oxford
University Press, 2017).
Cabrera, N, "Violence by and against children in Canada." Violence in Canada. (Routledge,
2017).
Daly, M, and Margo, W, Homicide: Foundations of human behavior. (Routledge, 2017).
Enns, PK, Incarceration nation. (Cambridge University Press, 2016).
Garland, D, "Why the Death Penalty is disappearing." Capital Punishment. (Routledge,
2016).
Garrett, BL, End of its rope: How killing the death penalty can revive criminal justice.
(Harvard University Press, 2017).
Gartner, R, "Homicide in Canada." Violence in Canada. (Routledge, 2017).
Hood, R, and Carolyn, H, The death penalty: A worldwide perspective. (OUP Oxford, 2015).
King, P, Punishing the Criminal Corpse, 1700-1840: Aggravated Forms of the Death Penalty
in England. (Springer, 2017).
Linde, R, The Globalization of Childhood: The International Diffusion of Norms and Law
Against the Child Death Penalty. (Oxford University Press, 2016).
Novak, A, The global decline of the mandatory death penalty: constitutional jurisprudence
and legislative reform in Africa, Asia, and the Caribbean. (Routledge, 2016).

ESSAY 8
Schabas, W, "The United Nations and abolition of the death penalty." Against the Death
Penalty. (Routledge, 2016).