Subject: General Questions    / College life

The principle of a Civil Law System is one where the judiciary must follow a certain set of laws or codes and is sometimes referred to as the neo-Roman or Romano-Germanic law system or model. France, Mexico and many Latin American countries still adhere to this form of law.

There is one state in the United States of America that follows or practices a Civil Law System.
What state is that?
Why does this state practice Civil Law?
Which form of law, Common Law or Civil Law, do you feel is more efficient?

The author of our text, when lecturing on the death penalty, states that the 8th. Amendment of our Constitution has these words in it which gives fuel to the debates over the death penalty. These words are “… nor cruel or unusual punishments inflicted.” It is felt that since the science of DNA testing has come about that more people have been condemned to receive the death penalty.
If DNA plus corroborating evidence is what helps put a person on death row, should they be executed if they are found sane and have been found guilty of a capital crime?
Do you consider lethal injection cruel or unusual punishment?
Which is more humane? Telling a condemned prisoner the exact date and time of their execution or to notify them the morning of the executions.
Do you think the death penalty should be abolished?

The state of Louisiana practices civil law mostly due to the French influence and was not founded on British common law approach like the other states.

Living in the United States I believe Common Law is more efficient because it seems to be more constitutional compared to civil law. However, I was born in Louisiana and my understanding of Civil Law is not held in a negative light. I just feel that since most of the states use common law it allows for more diverse options when it comes to the judicial system.

I struggled with this question for a long time spiritually because of the aspect of playing God is a dangerous slope. I have witnessed an execution when I worked in the prison system many years ago and I still felt conflicted. After growing up a bit and my years in law enforcement I have come to peace with the fact that the death penalty is needed in some situations. There are truly evil individuals out in the world with no conscious and if evidence is shown true they need to receive the death penalty.

No. I do not feel that lethal injection is a cruel form of punishment. In fact, I feel that it is actually a humane way to carry out the death penalty. Many murderers and serial killers butchered and tortured their victims and lethal injection provides a quick death that allows the person to drift out of consciousness and never wake up.

I think either way is humane because the results are the same. However, I think if someone knows they are receiving the death penalty on a certain day they have more opportunities to fight and appeal the decisions. The element of surprise of not telling someone when they are to die is what happens to almost everyone in life. The clock is ticking for all humanity. I think that maybe taking away that element of surprise may dehumanize the person because you are taking away the unknown that almost everyone has for their life. It may be considered less humane of the two because it allows the person to wake up everyday with possible anxiety not knowing if it is their last day.

I would love to look at the world with rose colored glasses and say the death penalty needs to be abolished. Unfortunately, we do not live in a utopia and there is real evil that must be removed from society. People have the right to protect themselves in self defense. I see the death penalty as a way for society to defend it self against people that have proven that they have harmed society and will most likely add more harm if released.


Louisiana practices the Civil Law system
Louisiana practices Civil Law due to the French influence and heritage the state possesses. According to journal articles, Louisiana chooses to keep practicing Civil Law due to the adaptability of law. How the civil system has worked for the state throughout history and has the capability of working in the future.
I am on the fence on determining which would be more efficient, Common Law or Civil Law. On paper it seems that Civil Law would be more efficient as the laws and ordinances are defined. In Common Law laws can be changes based on the opinion of the court, which could be part of political agenda, or passion. Civil Law seems to set and well defined, and judges seem to protect the law over passion or agenda.
If DNA and corroborating evidence is present and the law allows that person to be executed I feel they should be. Now at the same time I feel the burden of proof should be raised when these crimes are being considered. Not necessarily raise the burden of proof for guilt or innocence, but to raise the criteria to meet the standards for the death penalty.
I do not feel that lethal injection is cruel or unusual punishment. I feel that it’s the most humane way to complete the sentence.
For me, morally, I feel that we should tell the suspect when his time of demise is. I feel that to just show up and kill a person, would be lowering our standards to that suspects way of life.
I do not feel the death penalty should be abolished. I feel that it’s a deterrent for crime, as well as a means to get rid of those who intentionally cause harm to others. I don’t mind keeping prisoners in jail for life, however for those capital offenses, why support them longer than we have to.

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