Aldo Rojas Duarte

Eng. Level 7
Hillary Wade
Sep.16th & 18, 2014.

COLOMBIA:THEDEATHPENALTYVS.ALTERNATIVEPUNISHMENTS

Colombiaisaconstitutionalstateandithasalotofconstitutionalprinciplethat
inspirethelegalsystem forexample:()liferight isinviolable;nobodywillbesubdued
tocruelpunishment,inhumaneordegradingmanners().*However,thoseprinciplesare
objectiveofaseveraldebatesintheframeworkofcriminalandconstitutionallawbecause
somepeopleconsiderthatseverecrimesmustbeconvictedthedeathpenaltyalsocalled
capitalpunishmentandothersconsiderthatitdoesnotisagoodoptionsothebestis
implementing alternative punishments like life imprisonment or public flogging. The
solutionisnoteasybecausebothkindsofpunishmenthavedifferentrisksthatmustbe
analyzed before to choose one. Anyway, if legalizing the death penalty and legalizing
alternativepunishmentswillproducerisksthentheidealistochooseanoptionthatwillbe
appropriate to the punitive purpose and the justice sense. Exactly for that reason and
accordingtoColombiasituationthisessaywillfocusonthoserisks.
ItisimportanttotakeintoaccountthatthedeathpenaltyinColombiaisforbidden 1
becausethemostimportantisthelifeowingtowithoutit,nootherrightsarepossible.That
iswhythelegislatorhascreatedlegalstandardstoprotectlifeandpersonalintegrity,the
dependentlife(crimeofabortionandinjurytothefetus);theindependentlife(homicide)
and behavior thats putting human lives in danger (crime of abandonment and not to
1* Colombia Constitution (1991). Article 11. Ibdem

Aldo Rojas Duarte

Eng. Level 7
Hillary Wade
Sep.16th & 18, 2014.

provideassistance),excludingthedeathpenalty.However,insomecasestheactuallegal
standardshavenotbeensufficienttodojusticeforthevictimsbecausetheevidenceis
overwhelmingthatthevictimsarenotcompletelycompensated,impunityisevidentandthe
violationoftheirrightscontinuesbeingproducedbytheprisonerwhentheirsentenceend.
Thedeathpenaltyarisesasawaytogetjustice,toreducetheperpetrationofseveralcrimes
by deterrence, to produce disqualification in the prisoner for doing crimes and others.
Nonetheless,theriskswiththelegalizationofthedeathpenaltyareinevitable.
Emotionallythedeathpenaltyseemstobeanoptionremarkablebecauseadesireavenging
andvindictivearethefountainoftheirpursuit.Manypeopleandinternationalorganizations
conclude that the death penalty is useless,
irreversible and indecent. Useless because
researches in countries that have legalized the
deathpenaltyshowedthatnotalwaystherateof
several crimes is reduced by it, but also more
percentbydetentionandlifeimprisonment.Itis
irreversible because its irrevocability does not
permittocorrectthenoninfrequentjudicialmistakes.Andintheend,itisindecentbecause
the punishments that can impose the constitutional states exclude the life destruction
becauseitisthemostsacredtohumansinaccordancewithhumanrightsandinternational
treaty.

Aldo Rojas Duarte

Eng. Level 7
Hillary Wade
Sep.16th & 18, 2014.

Anotherpointisalternativepunishmentslikepublicfloggingandlifeimprisonment.First,
lifeimprisonment,accordingtoColombiasituation,willnotproducetheresultsthatall
peoplehope.Alternativepunishmentsalwaysshouldimplythattheprisonerwillnotbe
abletocommitcrimes,butitisnot100%truebecausealotofcrimesareorganizedand
directedfromthejail,itmeansthatthejaildoesnotprovideefficientstrategiesforthere
socializationoftheprisoner.Second,publicfloggingitisalsoconsideredtobeacorporal
punishment2,floggingisfarawayfrombeingconsideredagoodoptionasapunishment
for several crimes. That is why many people and governments have rejected it as a
punishment whatever that will be the crime, besides flogging promote disorder,
insubordination,itviolatesdignityanditinvolvesalingeringtraitofabarbarousfeudal
aristocracy,forexample:
()duringthe1830sand1840seditorialsinleadingnorthernnewspapersand
periodicals denouncedthispunishmentasdegrading,barbaric,anddespotic.
Publiccriticism ofnavalflogginggainedmomentuminthelate1840s when
Congress began a series of debates over naval discipline. These debates
culminatedinthecongressionalprohibitionofnavalfloggingonSeptember28,
1885(). (Myra, C. (1983).The Naval Reform Campaign. Against
Flogging: A Case Study in Changing Attitudes Toward Corporal
Punishment. The Johns Hopkins University Press).

AssaidtheHarvarduniversity:
()itmeansthatalternativepunishmentsarenotamiraculouselixirforallof
theproblems that plaguethe criminaljustice system because they alsopose
challenges and problems of their own (). (Harvard. (May, 1998).
Developments in the Law: Alternatives to Incarceration. Harvard
Law Review Association. Vol. 111, No. 7. pp. 1863-1990.).

Inconclusion,thedeathpenaltyhasbeenabolishedinsomecountriesowingtotherisks
thatitimpliesandthedifferentactivitiesledbyinternationalinstitutions.However,this
2 Edward, L. (Mar. - Apr., 1991). Corporal Punishment: The Pros and Cons.
Taylor & Francis, Ltd. pp. 278-283.

Aldo Rojas Duarte

Eng. Level 7
Hillary Wade
Sep.16th & 18, 2014.

doesnotmean,ofcourse,thatallcountrieshavefollowedthesameroute 3.Colombiahas
specialcircumstances,oftime,methodandplacesotheresultsobtainedinothercountries
thathavelegalizedthedeathpenaltycannotbeextendedtoColombia.Inaccordancewith
the aforementioned, nothing is written because these punishments have not been
implemented so the results are uncertain. Certainly, the death penalty and alternative
punishmentlikeflogginginColombiacannotbeuseduntilaconstitutionalreformwillbe
done.
Bibliography

The Naval Reform Campaign. Against Flogging: A Case Study in

Changing Attitudes Toward Corporal Punishment, 1830-1850. Myra C.
Glenn American Quarterly, Vol. 35, No. 4 (Autumn, 1983), pp. 408-425
Published by: The Johns Hopkins University Press Article DOI:
10.2307/2712878
Article
Stable
URL:
http://www.jstor.org/stable/2712878

Developments in the Law: Alternatives to Incarceration. Harvard Law

Review, Vol. 111, No. 7 (May, 1998), pp. 1863-1990. Published by: The
Harvard Law Review Association. Article DOI: 10.2307/1342485. Article
Stable URL: http://www.jstor.org/stable/1342485

Corporal Punishment: The Pros and Cons. Edward L. Vockell. The Clearing
House, Vol. 64, No. 4 (Mar. - Apr., 1991), pp. 278-283 Published by: Taylor
& Francis, Ltd. Article Stable URL: http://www.jstor.org/stable/30188613

The Abolition of the Death Penalty in International Law. by William A.

Schabas Review by: Joan Fitzpatrick. The American Journal of
International Law, Vol. 88, No. 1 (Jan., 1994), pp. 182-184. Published by:
American Society of International Law. Article DOI: 10.2307/2204036.
Article Stable URL: http://www.jstor.org/stable/2204036

Colombia constitution (1991)

3 Roger, H and Carolyn, H. (2009). Abolishing the Death Penalty Worldwide: The Impact
of a New Dynamic. The University of Chicago Press. Vol. 38, No. 1

Aldo Rojas Duarte

Eng. Level 7
Hillary Wade
Sep.16th & 18, 2014.
Abolishing the Death Penalty Worldwide: The Impact of a New Dynamic
Roger Hood and Carolyn Hoyle Crime and Justice, Vol. 38, No. 1 (2009),
pp. 1-63 Published by: The University of Chicago Press Article DOI:
10.1086/599200
Article
Stable
URL:
http://www.jstor.org/stable/10.1086/599200

Universidad del Norte Instituto de Idiomas

Exigencia Ingls VII Writing Rubric: Compare and
Contrast Essay

Name:
___________________________________

First Draft Total = (28 8) =

3.5
Second Draft Total = ( ____
8) = _____

Criteria and
Standards
Content

x2

*Integration of
Academic Sources

x2

Excellent
compare and
contrast essay
written from an
academic
perspective.
Corresponds to
one of the essay
options, and the
similarities/differ
ences of both
risks are very
well-developed.

Good compare
and contrast
essay written
from an
academic
perspective.
Corresponds to
one of the essay
options, and the
similarities/differ
ences of both
risks are welldeveloped.

Adequate
compare and
contrast essay
written from an
academic
perspective.
Corresponds to
one of the essay
options, and the
similarities/differ
ences of both
risks are
adequately
developed.

Poor compare
and contrast
essay that may
not be written
from an
academic
perspective.
Corresponds to
one of the essay
options, but the
similarities/differ
ences between
the two risks
may not be fully
developed.

Very poor compare and

contrast essay that may
not be written from an
academic perspective. It
may not completely
correspond to the essay
options, and the
similarities/differences
between the two risks
may not be fully
developed.

Excellent
integration of at
least three
direct or indirect
quotes from
appropriate
academic
sources through

Good
integration of at
least three
direct or indirect
quotes from
appropriate
academic
sources through

Adequate
integration of at
least three
direct or indirect
quotes from
appropriate
academic
sources through

Integration of
academic
sources may be
poor and/or
limited. May not
have three
direct or indirect
quotes. Some

Integration of academic
sources may be very
poor and/or very limited.
May not have three
direct or indirect quotes.
Some sources may be
inappropriate. In-text
citations may have many

Aldo Rojas Duarte

Eng. Level 7
Hillary Wade
Sep.16th & 18, 2014.
summarizing,
paraphrasing,
and in-text
citations. No
punctuation
errors with intext citations.

summarizing,
paraphrasing,
and in-text
citations. Few or
no punctuation
errors with intext citations.

summarizing,
paraphrasing,
and in-text
citations. Few or
no punctuation
errors with intext citations.

sources may be
inappropriate.
In-text citations
may have many
punctuation
errors.

punctuation errors.

Sources are
referenced
correctly.

Sources are
referenced
correctly.

There may be
one or two
problems with
reference list.

Organization:
Introduction, Body,
and Conclusion

Uses either
block or pointby-point style.
Excellent
introduction
with a thesis
statement. Body
paragraphs
have excellent
topic sentences
and concluding
sentences.
Excellent
conclusion that
restates thesis.

Uses either
block or pointby-point style.
Good
introduction
with a thesis
statement. Body
paragraphs
have good topic
sentences and
concluding
sentences. Good
conclusion that
restates thesis.

Uses either
block or pointby-point style.
Adequate
introduction
with a thesis
statement. Body
paragraphs
have adequate
topic sentences
and concluding
sentences.
Adequate
conclusion that
restates thesis.

Uses either
block or pointby-point style.
Poor
introduction
with a thesis
statement. Body
paragraphs
have topic
sentences and
concluding
sentences. Poor
conclusion that
may not restate
thesis.

May not use block or

point-by-point style. Very
poor introduction that
may not have a thesis
statement. Body
paragraphs may not
have topic sentences or
concluding sentences.
Very poor conclusion that
may not restate thesis.

Academic Vocabulary

Accurate use
and excellent
range of
academic
vocabulary.
Includes
language used
to express
similarity and
contrast (see
p.99 in Ch.5).

Mostly accurate
use and good
range of
academic
vocabulary.
Includes
language used
to express
similarity and
contrast (see
p.99 in Ch.5).

Occasionally
inaccurate use
and adequate
range of
academic
vocabulary.
Includes
language used
to express
similarity and
contrast (see
p.99 in Ch.5).

Frequently
inaccurate use
of vocabulary
and/or limited
range and/or
inappropriate
vocabulary for
an academic
essay. May not
use language
used to express
similarity and
contrast (see
p.99 in Ch.5).

Many vocabulary errors

and/or very limited range
and/or inappropriate
vocabulary for an
academic essay. May not
use language used to
express similarity and
contrast (see p.99 in
Ch.5).

Grammar

past, present, future

tenses

modals, if-clauses,
noun clauses,

Very few
grammatical
errors. These
errors do not
interfere with
communication.

Few
grammatical
errors. These
errors do not
interfere with
communication.

Occasional
grammatical
errors. These
errors do not
interfere with
communication.

Frequent
grammatical
errors. These
errors interfere
slightly with
communication.

Many general
grammatical errors.
These errors often
interfere with
communication.
Grammar is severely

There may be some

problems with reference
list.

There may be a
few problems
with reference
list.

Aldo Rojas Duarte

Eng. Level 7
Hillary Wade
Sep.16th & 18, 2014.
passive,
conditionals,
gerunds and
infinitives

**Sentence Variety

simple, compound,
complex,
compound-complex
sentences, adjective
clauses

Grammar is
appropriate for
the level.

Grammar is
appropriate for
the level.

Grammar is
appropriate for
the level.

Grammar is
inappropriate for
the level.

inappropriate for the

level.

Excellent use of
all sentence
types covered in
class with no
structural or
punctuation
errors. Excellent
sentence
variety.

Good use of all

sentence types
covered in class
with minimal
structural or
punctuation
errors. Good
sentence
variety.

Adequate use of
most of the
sentence types
covered in class
with few
structural or
punctuation
errors. Adequate
sentence
variety.

Limited use of
sentence types
covered in class
with some
structural or
punctuation
errors. Limited
sentence
variety.

Very limited use of

sentence types covered
in class and/or there are
many errors. Very limited
sentence variety.

Revision Deduction (-0.5): After receiving feedback on Content, Integration of Academic

Sources and Organization on the first draft, the student does not attempt to make necessary
changes.
Mechanics Deduction (-0.5): Spelling or capitalization or spacing/formatting or ***general
punctuation errors (apostrophes, commas in lists, etc.) are numerous and inappropriate for the
level.
*In-text citation punctuation is assessed in Integration of Academic Sources
**Sentence punctuation is assessed in Sentence Variety
***General punctuation is assessed through the Mechanics Deduction