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Capital Punishment in Canada and Japan

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Capital Punishment:


Introduction

This topic is argued all over the world so long time. In canada, capital pucnishment is abolished but it still exists in Japan. People have 2 way of opinions which are capital punishment is good punishment for offender or not. I am very iterested to know capital pushment is good way or not. I do not know and do not have any imformation about capital punishment so I want to do resarch more about it.

A Review of the Literature

Capital punishment is a big problem for every country and debated all over the world. Some people say it is a good punishment and some people say it is not. Now, 88countries are abolished the capital punishment, but other countries are still existing and doing. This literature review shows the following topics:

1.Capital punishment in Canada and Japan
2.The idea of capital punishment
3.Capital punishment has effect on homicide rate or not.

Capital punishment in Canada and Japan

Long time a go, capital punishment was vulgar which are the gallows, the butcher knife, the branding iron and the whip (Hartung, 1952, p.8). These kinds of punishment abandoned and adopted other forms and degree of fines and imprisonment. In Canada, capital punishment was abolished in 1976. Canadian congress decided that capital punishment was not an appropriate penalty. The reason for this decision was “due to the possible of wrongful convictions, concerns about the stake taking the live of individuals, and uncertainty as to the effectiveness of the death penalty as a determent (Capital Punishment in Canada, 2006/10/27).” On the other hand, in Japan, capital punishment still exists. Recently, the prosecutor demanded capital punishment for the accused (WEB NEWS, 2006/10/27). This incident caused a shock and impact for many Japanese people. The accused scattered sarin which is poison gas at a subway. Many people breathed it and seven people died and 660people injured. Many people still suffer from hangover and this incident. According to the Japanese capital punishment, punishment is hanging. Other countries have different capital punishment, for example, Iraq is headhunting, America is a punishment of electricity, China is an injection, and Vietnam is a shooting (Facts and Figures on the Death Penalty, 2006/10/27).


The idea of capital punishment

From Geoffrey Haddock and Mark P. Zanna, their review research consists of public perception of capital punishment and describes relevant research (Haddock & Zanna, 1998). Vidmar (1974) asked question responders about “Why they supported the death penalty? (p.326)” 42% of people answered “deterrence” and 32% of people answered “retribution”. He found that deterrence was most common motive for people (p.326). For other researchers who are Tyley and Weber (1982) examined how attitudes toward capital punishment are influenced by instrumental and symbolic concerns (p.327). The point of instrumental, many people request for capital punishment to decrease the criminal rate. On the other hand, symbolic concerns are based on the notion that support for the death penalty is related to individual differences in authoritarianism, conservatism racial prejudice (p.237). They found that “overall, symbolic factors, namely conservatism and authoritarianism were most important in determining support for capital penalty” (p.237).

Another author who is C. W. Topping clamed that the factors are in the total situation stood out in a study of 70 years of murder in Canada (Topping, 1952, p.156). The most factors were suitable weapons which are a revolver, a shotgun and a hunting knife and so on. So people can kill easily. Lawmakers were aware of the height correlation between available and fatal action (p.156). Topping also mentioned another factor. It was alcohols (p.156). When people drink too much and become intoxicated, some people should be killed someone. Alcohols help people who want to kill someone.


Capital punishment has effect on homicide rate or not.

From an article, Ted Goertzel researched for executing people cuts the homicide rate or it does not (Goertzel, 2004). He used many research methods of other people. First, he noticed Janet Reno’s research. Reno’s statement described “the result of studies that compare homicide trends in states and countries that practice capital punishment with those that do not” (p.24). This research showed capital punishment has no effect on homicide rates. On the other hand, Orrin Hatch used another method which was econometric modeling. He described his study which was “all finds that capital punishment deters homicide” (p. 24). The result of these researches, he mentioned that some of them find a deterrent effect but some of them do not. Ted also used other methods; there are comparative studies of capital punishment. The first of the comparative studies of capital punishment was done by Thorsten Sellin in1959. He used qualitative and quantitative methods in his study. On the article, there showed his dater which is Figure 1 (p.24). As a result, he found that “capital punishment does not deter homicide” (p. 24). On a basis of these methods, he mentioned that “Social Science can provide valid and reliable results with methods that present the data with as little statistical manipulation as possible and interpret it in light of the best qualitative information available.” At last, he mentioned his idea of capital punishment. It was “capital punishment has not deterred homicide” (p.27).

From another book, Hazel Erskine showed the polls which are capital punishment in many countries (Erslkine, 1970). These sources have been the late Hadley Cantril’s Public Opinion (1935-1946) and the journal of International review on Public Opinion (p.290). These polls consist of 16 different places, for example, Australia, German, California and Canada. I just focused on polls in Canada. The first question was “Some people say we should do away altogether with capital punishment – that is, executing a person for murder. Do you agree or disagree? (p.300)” It was taken from 1943 to 1960. Every year, many people answered capital punishment should be abolished. The second question was “If a national referendum (a public vote) were held today, on the question of capital punishment – that is executing a person for murder- would you vote for retaining the death penalty in Canada, or abolishing it? (p.300)” It was taken in 1966. Most people answered capital punishment should be abolished. These two questioned got same answers that capital punishment should be abolished.

Finally, Thomas A. Long’s research, he noticed that “the death penalty is a superior deterrent to life imprisonment has been partially disconfirmed or simply disconfirmed” (Long, 1973). He questioned about "is life imprisonment as an alternative to the death penalty not cruel and unusual punishment (p.222)?" He noticed the answer which is the answer is negative side. Life imprisonment is not cruel and unusual penalty. Include these his research, his opinion is capital punishment deterrent homicide than life prison (p. 222).

From other authors who are Dane Archer, Roseman Gartner, and Marc Beittle have different opinions from Ted Goertzel and Hazel Erskine’s polls. They claimed that capital punishment deterrents homicides (Archer, Gartner & Beittle, 1983). They showed two daters. The first, they showed dater which are “Homicide rate level before and after abolition, Table1” (p.1008). In the rate of Europe, there are decreased homicide rate but other countries which are Canada, Netherlands Antilles and Norway are increased. The second, they showed deter which is “Homicide rate changes before and after abolition, Table2” (p.1009). Some countries were decreased homicide rate but some countries were increased. This result is same as Table1. Includes these daters, researchers clamed that “In the absence of thoroughly persuasive evidence, it seems inconceivable that our society would be willing to execute people in pursuit of what is almost certainly a hopeless objective” (p.1013). Researchers also said “A human and rational society should consider taking human life only if there is overwhelming evidence that this act will save lives by deterring violence” (p.1013). If capital punishment is deterred homicide, they think it should be adopted.


Methodology


First, I want to survey for students who are Ritsumeikan students and UBC students who live in Canada more than 5 years.
Scond, I want to interview with 2 of Ritumeikan students and 2 of UBC students. After that, I am going to analyze daters.

week 1-3: survey for students
week 4-5: interview with students
week 6-8: analyze all daters
week 9-12: write down the result of daters


References


Hartung, E. F. (1952). Annals of american academiy of political and social sience. Trends in the Use of capital Punishment. 284, 8-19
Department of Justice Canada. (2005). Capital Punishment in Canada. Retrieved October 27, 2006, from
http://canada.justice.gc.ca/en/news/fs/2003/doc_30896.html
Koube Newspaper. (2004). WEB NEWS. Retrieved October 27, 2006, from
http://www.kobe-np.co.jp/kobenews/sougou04/0227ke15940.html
Info! (2005). Facts and Figures on the Death Penalty. Retrieved October 27, 2006, from
http://homepage2.nifty.com/shihai/shiryou/facts&figures.html
Haddock, G.., & Zanna, P. M. (1998). Law and human behavior. Assessing the Impact of Affective and Cognitive Information in Predicting Attitudes toward
Capital Punishment. 22, 325-339.
Topping, W. C. (1952). Annals of the american academy of political and social science. The Death Penalty in Canada. 284, 147-157.
Goertzel, T. (2004). Capital Punishment and Homicide. 23-27.
Erskine, H. (1970). The public opinion quarterl. The Polls : Capital Punishment. 34, 290-307.
Long, A. T. (1973). Ethics. Capital Punishment – “Cruel and Unusual”?. 83, 214-223.
Archer, A., Gartner, R., & Beittel, M. (1983). The journal of criminal law and criminology. Homicide and Death Penalty. 74, 991-1013.


Bibliography


Avio, K. (1979). The Canadian Journal of Economics / Revue canadienne d'Economique. Capital punishment in Canada: a time-series
analysis of the deterrent hypothesis. 12, 647-676.
Garland, D. (1990). The British Journal of Sociology. Frameworks of inquiry in the sociology of punishment. 41, 1-15.
Strange, C. (2001). Law and History Review The Undercurrents of Penal Culture: Punishment of the Body in Mid-Twentieth-Century
Canada.19, 343-385
Vidmar, N., & Miller, T. D. (1980). Law & Society Review. Socialphysichological Processes Ubderlying Attitudes Toward Legal
Punishment. 14, 565-602.
Welling, B., & Hipfner, A. L. (1976). The University of Toronto Law Journal. Cruel and Unusual? Capital Punishment in Canada. 26, 55-83.

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