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Death Penalty - Essay Example

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(Add (Add (Add Date) Death Penalty Awarding death penalty to the convicts of capital crimes has always been a topic for heated debates at the international level for a long time since the evolution of civilized societies…
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Death Penalty

Download file to see previous pages... Even from the perspective of human rights, it has to be seen that death penalty is an absolute denial of the convict’s personal transformation into a good individual. However, there are many arguments that support death penalty with evidences for its deterrence effect in alleviating the occurrences of capital crimes. From the detailed analysis, the support for granting death penalty looks inappropriate for many reasons. Death sentence initially originated as a mode of punishment to eliminate offenses and to impose the royalty of kings in the early past. Studies by Garland et al indicate that death penalty was exercised by emerging state authorities in the early modern age as a means to their state building efforts (30). The range of crimes that attract capital punishment varies according to the constitution or federal law of different countries. For instance, India and the US consider murder and treason as capital offenses; while China awards death penalty for human trafficking also. Muslim nations have identified sexual offenses, murder and disrespect to Islam as punishable with death sentence. The known-to-be strict Islamic laws were enforced without mercy for the culprit except for the victims pardon. According to Schabas, punishments under the Islamic laws are executed without the spirit of taking vengeance or inflicting torture on the convict (86). In military of most countries, death penalty is attracted by the acts like exhibition of cowardice or insubordination to official commands. The officiating efforts for generalizing capital punishment were initiated by the early British government which awarded death penalty even for excusable crimes like theft or stealing cattle and petty things. Under these circumstances in which there was no specific and unanimous definition for the capital crimes, how can you support this system of punishment in the modern society which had a primitive origin? Criminal justice system in most countries guarantees individuals to have their time to prove their innocence before the court of law. Although there are arbitrations to evaluate the factors and reasons related to a capital crime, there are various chances for the manipulation of the literature related to each case. In such contexts, several innocent individuals may be incriminated for the vested interest of the real culprits. Apart from this, a major share of failure of justice can be attributed to the failure of defense counsel to produce strong defensive arguments at the time of trial. Greg Wilhoit (as qtd in Vollertsen) has such a saddening story of being wrongly sentenced for an uncommitted crime of murder of his wife for which he had to spend around eight years in prison until he was acquitted. Several such issues in which the adjudicators are forced to declare their verdict on behalf of the given material evidences and witness reports create a fierce outlook of the justice system. As the legal implications of the verdict are confined to the strength of the arguments with solid evidences at the court, the judges may be easily misguided by clever advocates of the prosecution side whereby throwing innocent souls to gallows. Death penalty cannot easily be conceived as a perfect model of dealing with extreme criminalities in the present context owing to the concern for human rights. Several ...Download file to see next pagesRead More
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