Until we can raise the dead, this will remain the fact and justice demands that in the rare times the death penalty is carried out, the evidence commanding its use must incontrovertible and absolutely certain or the punishment can not be carried out. Certainly, the dialogue over the death penalty raises the question of exactly how effective punishment is as opposed to the crimes that are being committed. Are the costs of punishment outweighed by the benefits and what are the benefits if any? We will use the drug enforcement issue as an example in this essay. This author would argue that we would we be better off if less drug crime resulted in punishment. The costs far outweigh its benefits.

There is no other area where this is more of a question than in the area of the punishment of drug offenses. In an era of increased incarcerations of criminal offenders on drug charges and the need to cut corrections outlays that could be better used elsewhere, the move to decriminalize many drug offenses and make them liable to civil penalties is growing in momentum. The issues have caused many state and local governments in addition have, to explore increasing the use of criminal drug courts. Research is available evidence. That indicates that this may be both cheaper and more effective than the current draconian drug penalties. Such courts would follow the lead of the Obama government that would involve treatment as opposed to punishment. These ideas in addition to decriminalization are new only in the fact that they are untried politically, not because they are new in concept (Kreit 2).

At the 2010 University of Chicago Legal Forum, Alex Kreit presented a paper that modeled recent legislation fielded in Portugal...

It largely removes drug offenders from the criminal sphere and establish "civil drug court" system. Due to the length and breadth of the subject, his paper focused on fiduciary, rather than the social benefits of such a program. In his estimation, treating the problem in the form of a "criminal drug court system…in combination with the savings from removing non-addicts from the system, would leave civil drug courts in a favorable position (Ibid 66)." While the "jury is out" on this subject and much of the results are speculative and preliminary, it is behooves us to consider such an approach as decades of the "drug war" has cost so much in terms of treasure and human lives and has provided so little in the way of measurable benefits.
The Kreit approach to the above issue is the correct one. The penalty should match the crime.

To recap, in this short paper, this author has considered the death penalty and the appropriateness of punishment vs. sentencing. Because of brevity, focused most exclusively on the decriminalization and establish a civil approach to the drug problem. It is hoped that an enlightened approach will bring results where reaction before has not.

Works Cited

Diament, Nathan J. "Judaism and the Death Penalty; of Two Minds but One Heart."

Institute for Public Affairs. Orthodox Union, 01 April 2004. Web. 20 Mar 2011. .

Kreit, Alex. "The Decriminalization Option: Should States Consider Moving From a Criminal to a Civil Drug Court Model? TJSL Research Paper No. 1594527." Thomas Jefferson School of Law. Kreit, a.: San Diego, CA, University of California San Diego. 2010. 1-67. Print.