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"The transmission of such a price-list does not amount to an offer to supply an unlimited quantity of the wine described at the price named, so that as soon as an order is given there is a binding contract to supply that quantity. If it were so, the merchant might find himself involved in any number of contractual obligations to supply wine of a particular description which he would be quite unable to carry out, his stock of wine of that description being necessarily limited. I entertain, I confess, a very clear opinion that the Solicitor-General was quite right in arguing the case on the assumption that no sales were made in this country." Lord Herschell Just over one hundred years ago the above ratio-decendi was given in what was at the time a case concerned with alleged back taxes owed by Grainger & Son. Grainger & Son henceforth referred to as G&S were British wine merchants who as a side venture passed on the price lists of a French wine producer to their customers. G&S received a commission on any orders placed with said producer and paid tax on this commission. Gough claimed that tax was payable on the whole value of these sales not just the commission element. Monsieur Roederer henceforth Mr R was a wine producer located in France. He decided whether to accept orders the orders gathered by G&S or not. The reason for this being that the wine was shipped out ahead of any payment being received and Mr R wanted to vett his customers credit worthiness. The wine was shipped directly to the customer in the UK from France. Most customers settled their accounts directly with Mr R. A few customers instead made payment to G&S who would pass on to Mr R any amounts in excess of the commission they happened to be owed. In summary the flows of events are: Mr R, located in France, sends price list to G&S in Britain G&S distribute price list Customer places, for want a better word, an order with G&S for wine produced by Mr R G&S forward order to Mr R Mr R dispatches wine to customer Mr R dispatches bill for said customers wine to G&S for onwards transmission G&S forward bill to customer Customer sends payment to Mr R "“ occasionally made to G&S who forward this to Mr R Mr R sends receipt to customer G&S pay tax on commission received G&S maintained that they entered no contracts regarding Mr R's wine. Gough held the converse view that G&S entered contracts themselves and thus sold Mr R's wine. Our starting point must be to define what a contract under English law is. The Jurists Bentham and Austin have laid down that the "two main essentials of a contract are these: first, a signification by the promising party of his intention to do the acts or to observe the forbearances which he promises to do or to observe. Secondly, a signification by the promise that he expects the promising party will fulfil the proffered promise." More precisely to form a contract under English law the following elements are required i a valid offer has been proffered by the first party to another party or parties ii the offer has been accepted unchanged by the second party or parties and this has been communicated to the offerer . iii there is an intention by all parties to create legal relations when they entered into the contract and the parties have the capacity to contract iv the promises made within the contract are for valuable executive consideration and v the terms of the contract are certain. Did Mr R make an offer through the medium of his price list. Looking in Mozley and Whiteley"s Law dictionary an offer is "An expression of readiness to do something e.g. to purchase or sell". Mr R is saying that he is willing to sell wine. Based on this definition initial opinion would say that the price list does constitute an offer. Continuing with this line of thought G&S acted in an agency capacity for Mr R making an offer to the customers they approached and receiving the acceptance of any order. If the customers accepted G&S's offer made via the medium of the price list then Mr R merely shipped directly from France. The bills for said wine were sent to G&S who would then forward them on to the British customer. These points all suggest that the sale was made in the UK by G&S. The listing of Mr R, in the Post Office London Directory, as trading from G&S's establishment further hints at an agency type arrangement. Much of the argument supporting the invitation to treat viewpoint is by drawing analogies with cases involving auctions such as Payne v. Cave 1789 and Harris v. Nickerson 1873 in which both concluded that bidders make an offer which the auctioneer is free to accept or not. The bidder's offer being retractable until accepted by the auctioneer . The pricelist could be seen as statement of the minimum price at which Mr R would bewilling to sell wine drawing analogies with Harvey v Facey 1893. Mr R's supply of wine in any year is finite and demand could outstrip supply leaving an impossible back log of orders all demanding specific performance. Mr R could possibly, though extremely doubtfully, claim the defence of frustration as the things contracted for no longer exist. Add to this Mr R's option to reject any order makes it appear that his price list is an invitation to treat as otherwise it would be an offer that is subject to revocation without notice. Acceptance of an offer has to be communicated. At the time of this case, 1896, the only readily available methods of communication for distant parties were the postal system or telegram. The postal rule would apply to any customers acceptance sent via these mediums and hence any revocation of the offer would be impossible The final item to consider is the peculiar concept of consideration to be found in the English legal system and those derived from it The 1677 Statute of Frauds made consideration vital in any contracts not made under seal. G&S received no consideration for the wine therefore they could not be a party to the contract. [Transfer of title occurred only between Mr R and the customer]. That occasionally the payments for the wine were made to G&S instead of directly to Mr R was held to be equivalent to Mr R, for the sole convenience of his customers, operating a British bank account to receive payments. Graiger v. Gough was one of the major cases in the creation of the principle of invitation to treat. In order to explore this principle more fully the case will be re-examined as it occurred today. Once again the starting point is was the price list an offer or merely a willingness to deal. There are a number of variants on an invitation to treat these are: pre-contractional negotiations , shop displays and finally advertisements. G&S's supply of the price list to potential customers is a form of direct marketing and falls under the last of these three categories. To be classed as a unilateral offer the price list would have to show some intention to be bound by pro-offering a tangible benefit, in excess of sales puff, that could be accepted by performance rather than communication . Is there any similarity to Bowerman v. ABTA 1995 or Carhill v. Carbolic Smokeball Company 1892. If the answer to this is a negative then the next step is to determine where the act of offer & acceptance occurs. In a face to face situation such as a shop the customer offers to buy goods by presenting them at the till and the shop either accepts or rejects this offer to buy. The goods on the shelves are merely invitations to treat in keeping with the findings of Fisher v. Bell and Pharmaceutical Society of GB v. Boots Cash Chemists. The views of this in America and the European Community are slightly different. Although it seems odd that a shop would not want to sell its stock the English legal system is designed to achieve consistency even if it has to distort the persons actual intent. This produces oddities such as Partridge v. Crittenden 1968 where a newspaper advert to sell wild birds was found to be an invitation to treat not an offer to sell so the defendant escaped prosecution under the Protection of Birds Act 1954 . A key point in the original Graniger v. Gough was where was the contract made. Today the location of the act of contracting can be different depending on the mode of acceptance. The postal rule puts acceptance at the place of posting. Where both parties use a telex or nowadays facsimile machine the Court of Appeal decided in the case of Entores Ltd v. Miles Far East Corporation 1955 that the contract was entered into when and where the acceptance was received. Lord Denning confirmed, obiter" that the same principles also apply to acceptances by telephone. Answering machines and voice mail are assumed to at maximum delay receipt of the acceptance till the next working day rather than grant them an agent status capable of entering contracts. Faulty hardware, lack of link & paper or sloppy business practice, such as not checking the fax for days, does not stop or delay the acceptance of an offer. Public holidays and weekends however do delay acceptance till the next working day. E-mail contrary to popular belief is not always an instant form of communication. An e-mail may pass through a number of third parties networks & servers and could quite possibly be considerably delayed. Also the recipient has to actively retrieve their e-mail from their service providers or works mail server. The Uniform Laws on International Sales Act 1967 sets out that the acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror . But is the offer accepted in the country of the readers computer or where the email server is hosted? If a person picked up the contents of their phones answer machine in a country different to that which said machine was in, where was the contract made. Within closed networks or Electronic Data Interchange systems mail delivery is more reliable and it may be possible to tag the e-mails so they generate a receipt message upon reaching their destination and upon being read. The EDI Trading Partner Agreements will also outline when acceptance takes place and which countries laws apply. If Mr R had a website that could receive customer orders would it be an invitation to treat or an electronic contracting agent ? A non-interactive site just listing his wines would most certainly be classed as an advert. This question is under consideration by may of the worlds legal minds. Unfortunately the Argos £2.99 television and recent Kodak £100 digital camera incident never made it to court so there is no precedent. The Kodak site took the customers order and issued an order confirmation which the customer was asked to retain for warranty service. Consumers would believe that having placed their order and given their credit card details and been told that the £100 will be charged to their card along with receiving an acknowledgement ,that their purchase has been made. This "clickwrap contract" is what the law calls a "contract of adhesion" -- a contract you didn"t really bargain over in any way, but which was presented as more of a take-it-or-leave-it offer . Kodak made such a bad bargain that everyone wanted to take it The only case on web based retail sales so far is American where the court stated "such an automated, ministerial act cannot constitute an acceptance" which does little to resolve the issue. As international web based commerce increases, instances similar to Gough v. Granger will become more common. Will the concept of invitation to treat expand outside of legal systems based around Anglo-American common law bringing some consistency to the dynamics of offer & acceptance or will the EU idea of its an offer until the stock runs out be adopted.
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"The transmission of such a price-list does not amount to an offer to supply an unlimited quantity of the wine described at the price named, so that as soon as an order is given there is a binding contract to supply that quantity. If it were so, the merchant might find himself involved in any number of contractual obligations to supply wine of a particular description which he would be quite unable to carry out, his stock of wine of that description being necessarily limited. I entertain, I confess, a very clear opinion that the Solicitor-General was quite right in...
bad bargain that everyone wanted to take it

The only case on web based retail sales so far is American where the court stated "such an automated, ministerial act cannot constitute an acceptance" which does little to resolve the issue.

As international web based commerce increases, instances similar to Gough v. Granger will become more common. Will the concept of invitation to treat expand outside of legal systems based around Anglo-American common law bringing some consistency to the dynamics of offer & acceptance or will the EU idea of its an offer until the stock runs out be adopted.

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When comparing apples to pears,... When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence. Unlike municipal law, international law is a horizontal system designed to deal with the external interactions of states between each other; whereas municipal law represents a centralized system with various institutions. In the eyes of international law, states are recognized as being sovereign and equal, although in reality some states are more powerful than others. Therefore, dealing with states of equal statue makes it difficult to force a state to behave in a particular manner. Municipal law on the other hand behaves as supreme law of the land and people of various states suffer penal consequences for not adhering to the established law of the state. In the international arena agreements are made and states uphold these agreements which they have consented and expect other states involved to do like wise. In effect, what distinguishes the rules and principles of international law from 'mere morality' is that they are accepted in practice as legally binding by states in their intercourse because they are useful to reduce complexity and uncertainty in international relations Malanczuk 6-7. As mentioned previously, municipal law is mainly concerned with state internal affairs, whereas international law pertains to the external dealings of states with one another. Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 1 of the Statue of the International Court of Justice, the following sources of international law are acknowledged: a international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; b international custom, as evidence of a general practice accepted as law; c the general principles of law recognized by civilized nations; d ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law 36. Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law 35. Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate efforts to bring their municipal law into agreement with international law. States can not use their municipal law as a means for denying fulfillment of their international obligations. For example, the Free Zone case where France attempted to use its internal legislation to nullify an international obligation agreed to in the Versailles Peace Treaty 1919. The Permanent Court of International Justice said: 'It is certain that France cannot rely on her own legislation to limit to the scope of her international obligations' Malanczuk 64. No specific method has been established for states to follow for bringing their municipal law into harmony with international law. Several states require legislative action if a treaty conflicts or requires a change of existing municipal law. In the United Kingdom U.K., the Queen has the authority to make and ratify treaties on the advice of other officials such as the Prime Minister. However, if a treaty requires a change to English law, it becomes necessary to pass an Act of Parliament to bring English law in accordance with the treaty. If an Act of Parliament is not obtained, the U.K. is bound by the treaty as far as the international arena is concerned and accepts responsibility for the consequences that may arise as a result of not complying with the terms of the treaty. Likewise, the United States U.S. accepts treaties ratified in agreement with the U.S. Constitution as automatic municipal law. International agreements are carefully reviewed to ensure they do not violate the BiIl of Rights or other U.S. Constitutional requirements; those in violation cannot be implemented internally. Nonetheless, states have the right to modify a treaty to bring it into compliance with its internal laws; Article 21 d of the Vienna Convention defines a reservation as a unilateral statement...made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State 133. Customary law refers to the general practices of states that have come to be accepted as law. How is general practice defined? Observing a state's actions during international meetings, newspaper and television reports of a state's actions, governmental decisions made by states, and a state's daily practices can reveal the customs of various states. Just as much can be determined by one's individual choices, actions, and character; the same holds true for states. Despite the fact that all rules of international law are not as concrete as critics feel they should be, states acknowledge the need to comply with international law. For instance, it is not necessary to codify that foreign diplomats should not pay custom duties, but simply instructing custom officers not to levy customs duties on the belongings of foreign diplomats keeps the state in compliance with international law 71. No state, not even the most powerful can exist for long without interaction with the outside world; other states. The post war period after World War I and World War II, state leaders came to the realization that international forum was needed. Furthermore, this forum needed the authority to make binding decisions; especially, in the arena of maintaining world security. World security and environmental issues such as the thinning ozone layer are issues that a single state can not handle alone. Under the leadership of the United States and Great Britain, the United Nations U.N. was birthed upon the adoption of the U.N. Charter. Unlike some present day notions, the U.N. was developed to cater to a real need not an ideology; the idea was not to create a centralized international authority, but collectiveness among states for the greater good which extended beyond any individual state. Although a state can not be sentenced to prison time, international community eyes are watching and taking note of wrongs committed against fellow states for future reference. Punishments for an uncooperative state in violation of its international obligations include: Retorsion, a lawful act which is designed to injure the wrongdoing state "“ for example, cutting off economic aid. Reprisals, acts which would normally be illegal but which are rendered legal by a prior illegal act committed by the other state. The Merriam Webster dictionary defines a society as a part of a community bound together by common interests and standards. The argument selected for this essay: it is impossible to have an international system of orderly and stable relations between states without international law. Thereby, international law is a fundamental requirement of a modern, increasingly interdependent, global system of states and non-state actors. Some argue that interdependence is not the proper term to describe the current international system; instead they prefer the term interconnected. The argument claims that only 'transactions' are exchanged among states via advancements in technology. On the contrary, are rules not needed for the conduct of transfers to determine the equality of the currency or mediums being exchanged; does not the mere essence of exchange require consent; therefore, establishing a general practice? Corporations such as Nike, Honda, McDonalds, General Motors, Disney, and many others have ventured into foreign regions seeking opportunities beyond those offered by their home states. Such maneuvers require much more than the transfer of 'transactions'. Corporations going global are not only faced with cultural differences of the foreign land, but are subject to the state's internal law as well as the nationality principle which bounds them to obey rules of their homeland. Likewise, foreign states accepting aliens must treat them fairly or be guilty of breaching international law. Moreover, globalization is on the rise in the twenty-first century. Companies like the potential profits and other benefits associated with putting aside differences for the sack of common interest and its rewards. Chaos in such situations is ineffective; order is needed to develop a system which benefits the best interests of all involved parties. People as well as states are happy when their needs and desires are met; it is when states feel threatened that they become uncooperative. The deduction made that a society, even if society of states can not exist without laws for governing the society "“ any relationship whether two people or two nation-states, involves compromise. Even since the beginning of mankind, Adam and Eve, the union of the first society required rules; they were not free to fulfill their heart's desires, but to serve a higher purpose.   

When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making...

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Mead Shumway of Nebraska, was convicted...Mead Shumway of Nebraska, was convicted of the first degree murder of his employer's wife on circumstantial evidence and sentenced to death by jury. His last words before his execution were: "I am an innocent man. May God forgive everyone who said anything against me." The next year, the victim's husband confessed on his deathbed that he [the husband] had murdered his [own] wife Radelet, Bedau, Putnam 347. There are an uncertain numerous amount of incidents similar to the one depicted above, that have repeatedly occurred throughout the course of history. Two highly distinguishable figures in the area of capital punishment in the United States, Hugo Bedau and Michael Radelet, discovered in 1992, at least 140 cases, since 1990, in which innocent persons were sentenced to death Hook and Kahn 92. In Illinois alone, 12 death row inmates have been cleared and freed since 1987 Execution Reconsidered. The most conclusive evidence in support of this "comes from the surprisingly large numbers of people whose convictions have been overturned and who have been freed from death" Bedau 345. One out of every seven people sentenced to death row are innocent Civiletti. That's nearly 15%. The numbers are disturbing. Innocent people are becoming victims of the United States judicial system by its overlooked imperfections. A former president of the American Bar Association ABA, John J. Curtin Jr., said it best when he told a congressional committee that "Whatever you think about the death penalty, a system that will take life must first give justice. Execute justice, not people." Though some of the innocent death row inmates have managed to escape their execution, there are numerous others who are unable to overturn their sentence through appeals. Many cases of innocence go unheard and result in the unfortunate fatality of an innocent bystander. When the death penalty in 1972 was ruled unconstitutional in Furman v. Georgia, the Justices expected that the "adoption of narrowly crafted sentencing procedures would protect against innocent persons being sentenced to death". But the chances that innocent persons have been or will be executed remain astoundingly high Bedua 344. The United States justice system was formed on the premise that it should protect society's general well being from any harm. Processes and procedures have been formed and created in order to ensure that everyone receives fair treatment, but the system has flaws that has let criminals back out on the streets and put innocent people in jail and on death row. How can the nation's people put trust into an institution which has reportedly failed them again and again? The system can and will, and has in the past, falsely accused someone and wrongfully sentenced them to terminal punishment. Once a convicted prisoner meets the executioner, the prisoner has reached the point of no return. Death cannot be reversed once it has occurred. No issue posed by capital punishment is more disturbing to the public than the prospect that the government might execute innocent people. Proponents to the death penalty are, of course, also against executing an innocent person Hook and Kahn 91. Most everyone would agree that killing someone is wrong. Proponents and opponents agree that murder is a heinous act and should be punished. Despite their hatred for those who kill, proponents support the killing of murderers as a just punishment for their deviant behaviors. In this sense, execution can be termed, "legal murder" because "executions shares enough of the characteristics of murder to be counted as part of the general category: it includes a victim who does not want to die, and an agent that nonetheless kills [the victim]" Yanich 98]. Murder is synonymous with kill, as found in the Britannica- Webster Dictionary. To kill is to deprive one of life or to put one to death and murder implies motive and intent or premeditation. With respect to theses definitions, execution is a premeditated event which deprives the accused of his/her life. Therefore, execution is as unrighteous and unjustified as the act of murder itself. Despite the detrimental errors of the U.S. justice system, the death penalty remains in effect and is costing citizens hundreds of millions of dollars. California has undergone an economic recession and many social programs have had to be cut, but the state "continues to spend hundreds of millions of dollars on the death penalty" Bedau 408. And between 1977 and 1995, 18 years, California has experienced two executions by lethal injection United States Department of Justice 16. How much longer will the death penalty be enforced before the federal and state governments realize that it is becoming "unmanageably expensive" to fund capital cases Bedau 409? Financial resources in the U.S. are becoming more and more limited and sparse, yet state governments continue to uphold death cases at the request of politicians' " get tough" proposals. But politicians neglect to recognize the exorbitant amount of money that the death penalty is costing tax payers Bedau 405. With more death row inmates than any other state, Texas is experiencing the financial burden of the death penalty, about three times the cost of imprisoning someone at the highest security level in a single cell for 40 years Bedau 402. Though some authorities are recognizing that the money used for the death penalty trials " could be better used for additional penitentiary space, rehabilitation efforts, education, and to devote time and attention to juveniles" Bedau 404. The death penalty is burdening the financial resources for many social programs, including the funding for more police officers and a more functional criminal justice and correctional system. If most everyone can agree that killing others is wrong, then why is the United States undergoing a national debate about the death penalty? The public cannot agree on the effectiveness of the capital punishment laws in the United States. Supporters believe that it is an effective form of punishment as well as a societal defense against offenders and is also cost friendly to the national economy Montague. On the other hand, abolitionists fear for the lives of innocent victims that are being lost at the stake of "justice". Furthermore, proponents have discovered that the death penalty does not deter crime, but is a more costly alternative to life imprisonment. Though both sides are in favor for punishing criminal behavior, each side has differing beliefs about what is best for the general welfare of the nation. The U.S. justice system is central to the debate because many question the lawfulness and legality of the death penalty. Numerous studies have found the death penalty to be discriminatory and arbitrary. Discrimination and arbitrariness can easily be found in the application of the death penalty. Defendants in capital cases are, for instance, generally poor persons living on the margins of society, and they often receive poor legal representation that is usually appointed by the courts. Court-appointed counsel receive only a few thousands of dollars from the state to fight the "ultimate penalty" Stewart 52. On the other hand, a more financially secure defendant could afford the expertise necessary for proper investigations and expert witnesses to provide him/her self with a strong case. Indigent defendants therefore are at a disadvantage to the courts with court-appointed counsel because they usually receive less the adequate representation. A lot of the defendant's counsel are overworked, underpaid and inexperienced. Despite the differences in representation, there is also discrimination and arbitrariness in deciding who receives and does not receive the death penalty. The decision remains arbitrary. Some are convicted before juries can decide whether or not to impose the death penalty, while others accused are charged with capital murders from the beginning Barkan 526. Throughout the nation, it is clear, that "defendants accused of similar murders are treated differently for no logical reasons. Some are charged with capital murders, while others are not. Some receive sentences of the death penalty, while others do not. Researchers in this area conclude that "the capital punishment process is akin to a lottery system and that being sentenced to death is the result of a process that may be no more rational than being struck by lightening Barkan 527. There are race, class, and gender disparities in the sentencing of capital cases. A greater percentage of men than women are sentenced to death. At year end in 1995, 48 women and 2.986 men were under death sentences. There are at least 62 times more men on death row than women. Of the men on death row in the United States, in 1995, 56 were executed, while all the females on death row remained on death row United States Department of Justice 1. With respect to race, blacks consists of almost 41% of the total, while white make up only a little above 1% Bedau 117. In addition, death row consists of mostly indigent individuals. And those who are accused of the murder of a white person are more likely to receive the punishment of death, than someone who murders a non-white person Bedau 119. It is not surprising that almost 75% of blacks believe that a black individual is much more likely than a white individual to receive the death penalty for similar crimes Bedau 117. It is evident that there are problems inherent in the implementation of the death penalty. These inherent problems have prompted many individuals to oppose the United States capital punishment laws because it is an unfair, biased, arbitrary and discriminative method that cannot guarantee protection. Another problem that contributes to the errors in convictions are improper police work, unlucky chances, and frame ups Radin 18. The flaws inherent in the death penalty policy must be eliminated. But how can an institution as large as the United States justice system guarantee perfection? It can't. Since it cannot, a different alternative must be enacted in order to maintain social order and to protect society without any fatal mistakes, such as wrongful executions. The implementation of the death penalty is irreversible. Life cannot be granted back to someone who is later found to have been innocent. The risk of losing an innocent life is, at least, an urgent cry to society that the death penalty is a flaw itself. At least with a different form of punishment that is reversible, innocent prisoners can be released back into society. Because mistakes are bond to occur within the judicial branch of government, as well as any other branch, an alternative to the death penalty punishment should be devised to eliminate the chance of wrongful execution and to save the nation thousands of millions of dollars. In order to guarantee the elimination of miscarriages of justice, I propose a solution of abolishing the death penalty and enforcing life imprisonment without parole. The government needs to eliminate the death penalty to expunge the risk that it places upon innocent people in capital cases. To eliminate wrongful executions that may occur as a result of the imperfections of the United States justice system, it is only right that the death penalty be abolished completely. By sentencing accused offenders to life in prison without parole, their sentences can easily be overturned upon discovery of innocence. Though we would regret that the person had to spend time in jail, we can feel better that we were able to let him/her live life again Stewart 99. An execution is final. Someone cannot be brought back to life once he/she has been executed. Life imprisonment not only eliminates the risk of executing innocent lives, but it is also a more cost-effective method. Abolitionists contend that the death penalty is more expensive because of the multiple appeals that inmates request from behind bars Barkan 525. And since most death row inmates are indigent individuals, the money needed for the appeals cases are funded with government tax money. In California, capital trials are six times more costly than other murder trials, simply because of the complex pre-trial motions, lengthy jury selections, and expenses for expert witnesses. And the pursuit by most death row prisoners to overturn their sentences through appeals are also very costly Bedau 402. Steven Barkan, a criminal sociologist, argues that since the death sentences puts the prisoner's life at stake, death penalty cases are especially complicated from pretrial motions through sentencing and appeals, with the state usually having to pay for all the costs. Barkan estimates that the cost of each death penalty case is 2 to 3 million dollars 525. In California, one report estimated that the state could save $90 million each year by abolishing capital punishment. And in New York, the Department of Correctional Services estimated that the death penalty would cost their state about $118 million annually. Sentencing someone to life imprisonment without parole would cost the state about $25,000 per year, or $1 million overall Barkan 525. By using the funding that would otherwise be used for the implementation of the death penalty, the government can more effectively put it to use in other methods of fighting crime. A million dollars spent pursuing the executions of one defendant could provide far more effective long term crime reduction: many additional police officers, speedier trials, or drug rehabilitation programs Bedau 401. Research studies have shown that the death penalty is an ineffective method and the money that funds it could be better used to provide a better judicial system and to aid the prevention of criminal behavior. Improvements can be made in many places throughout the justice system "“ from arrest to prosecution to sentencing. First of all, local governments will have more money to hire more police officers. More police officers will result in more police coverage per area, thus possibly reducing the amount of crime committed within neighborhoods. Many citizens complain that there aren't enough law enforcers on the streets. Abolishing the death penalty throughout the entire United States will provide money for more police officers as well as possibly fund many other social programs. Court-appointed counsels should receive a fair sum of financial funding to ensure legitimate representation for indigent defendants. By providing court-appointed counsels with more financial resources, defendants will have stronger cases against the prosecution. The court-appointed counsels with more financial resources, defendants will have stronger cases against the prosecution. The court-appointed lawyer can obtain expert witnesses or conduct competent investigations. Depleting the system of the death penalty law gives defendants the chance to a fair trail. To eliminate bias and discrimination during the process of sentencing in any trial, strict guidelines should be made by which jurors and judges are guided to make a decisions. Though this has already been implemented, it was not implemented correctly. The guidelines must be strict and objective. It must also prevent the inconsistencies that are prevalent in the sentencing process. It is not fair that two people who commit similar crimes receive different sentences. To do this every criminal act must have particular punishment. For example, lets examine a liquor store robbery. The following is inaccurate and merely a hypothetical example. First of all, it was a robbery. Regardless of what else happened during the crime in question a punishment must be assigned to the robbery itself. Lets say hypothetically that a robbery results in a sentence of eight to ten years. The consequence must not be broad, such as one to nine years. The consequence must be narrowly defined so that jurors and judges have less room to include their personal beliefs and biases. Take for instance that the robber injured a hostage with a knife. Additional jail will incur with each criminal act. He/she might receive two to three years for possession of a deadly weapon and four to five years for causing bodily harm to the victim. When all behaviors are in violation of the laws are assessed, it is easy to calculate their punishment without considering the race, class, or gender of an individual. Race, class and gender should not be factors in deciding the sentence for criminal behavior. The crime, not the person is on trial. Though mitigation factors e.g. list of priors should also affect sentencing criteria or be used in consideration of parole of there is a possibility of parole. Back to our hypothetical individual, based upon what we have already noted that the defendant has done he/she is expected to receive a sentence of about 15 and a half years in jail. I came to this conclusion by simply adding the average value of each crime together. Though the judge can use his discretion and sentence the defendant to the full term of each criminal act, it is not very different from the sum of the averages, 15 and a half years. A judge who would sentence the robber to the maximum sentence capacity would sentence the defendant to 18 years in jail, only two and a half more years than the sum of the averages. Now that these offenders have been sentenced to jail time, the judicial system must ensure that theses offenders serve the time that they have been sentenced to. Many support the death penalty simply because it guarantees that criminals will be punished by not allowing them early parole. Prisoners, on the whole, are only serving 20% of their sentence because of overcrowding in correctional facilities Bedau 119. The inconsistencies in sentencing and the actual time spent in jail have made some people skeptic about resorting to life imprisonment terms. But if the system eliminates the death penalty, the government will have hundreds of millions dollars extra, some of which could be spent on the corrections system. More facilities could be built and more correctional officers could be hired. Though this would cost a substantial amount of money, this would protect society as well as provide jobs for the many whom are unemployed. With more space and more officers, the corrections system won't have to release prisoners early to make room for new prisoners. Everything about the judicial system must be consistent and objective. Prisoners must serve the full term of their sentences before being released. Parole should not be recognized in order to send a message to the general public that the justice system stand by rigid, objective, and consistent standards, which will treat everyone equally and fairly with no exceptions. We have covered how the funding of the capital punishment could be better used for the protection of society. No we will cover how the large amount of money spent on the death penalty could be better spent on prevention of deviant behavior. Men commit a large percentage of all crime. The reasoning for this fact contains the answer to preventing crime. Men and women are socialized differently according to their gender roles. Males and females receive differential treatment during childhood. Boys are expected to be tough, strong and independent, whereas the girls are expected to be soft and dependent. Because of this, boys are allowed to stay out until after dark, while girls must go home before sundown. Parents have more confidence in their male children that they can be on their own and that girls need more parental guidance. The difference continues into adulthood. While acts of physical violence are relatively rare among both sexes, they are very much common among men. Differential parenting styles result in the great disparity among men and women. Although more women are committing crimes, the nation must develop a way in which we can raise children without gender differences Glietman 559-561. The rise in women criminals is due to the present transition in gender roles. "Many parents are trying to raise their children with fewer preconceived notions about how males and females 'ought' to behave" Weiten 312. This new transition is what we need in order to create a safer nation. The money used to implement the death penalty could be used to educate parents, teachers, and other agents of socialization on how to socialize children irrespective of gender roles. Social critics view this period of transition as a "healthy trend" Weiten 312. The laws pertaining to the death penalty need to be abolished throughout the entire United States. Hopefully, the Justice Now JN organization realizes the potentially deadly mistakes that the death penalty has for the country Mac Farlane 14779. Many people are affected by the death penalty, not just the prisoner on death row. Everyone needs to remember that by executing the murderer we may relieve some of the grief that is felt by the victim's family, but by doing so we are giving the family of the prisoner additional grief. Executions do not result in a win-win situation, especially if the prisoner is an innocent victim. Anyone can be sucked into the judicial system just by being at the wrong place at the wrong time. By abolishing the death penalty entirely, throughout the United States, hundreds of millions of dollars could be used to improve the judicial system. Life sentences without parole will be used instead of the death penalty for a fraction of the cost. The excess money can guarantee that all convicted criminals will serve the full term of their sentence by providing additional correctional facilities and officers. By opening more facilities, abolishing the death penalty creates more employment opportunities. The eradication of the death penalty will mean more funding will be provided for social programs which have the potential to create a better society. The extra funding can also be used for the prevention of crime by reducing the differential treatment that is evident in children rearing. The death penalty poses many problems for the nation. If we can get the majority of the population to believe that life imprisonment without parole is a better method for capital punishment, then the United States can join the industrialized nations that have abolished executions and become a much safer country. But because the United States has used the death penalty throughout the course of history, many are having difficulty understanding the advantages that come with the abolition of the death penalty. Everyone agrees that risking the lives of innocent people is a damaging effect of the death penalty, but the majority cannot come to terms on a better alternative. Life sentences without parole can guarantee that no one will be wrongfully executed, while saving the nation hundreds of millions of dollars to spend on other more beneficial social programs.   

Mead Shumway of Nebraska, was convicted of the first degree murder of his employer's wife on circumstantial evidence and sentenced to death by jury. His last words before his execution were: "I am an innocent man. May God forgive everyone who said anything against me." The next year, the victim's...

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