Capital punishment, also known as the death penalty, is the highest form of punishment allowed in some societies to maintain law and order. However, there is no evidence that the death penalty is more effective at deterring crime than life imprisonment. While some methods of execution like lethal injection are meant to be painless, capital punishment infringes on human rights and does not eliminate crime. The doctrine of "rarest of rare" allows the death penalty only for extremely rare criminal cases where the criminal, not just the crime, is deemed beyond reform. Overall, the conclusion is that capital punishment should be opposed as it is not necessary or effective for eliminating crime.
2. INTRODUCTION
• Punishment is defined in law as some pain or penalty warranted by law, inflicted
on a person, for the commission of a crime or for the omission of the performance
of an act required by law, by the judgment and command of some lawful court.
• “Capital Punishment” or “Death Penalty” the punishment which involves legal
killing of a person who has committed a certain crime prohibited by the
law and has been a topic of discussion among academics and critics, resulting in
varied contributions to the matter from various scientists.
• It is the highest level of punishment awarded in any society or democracy to
maintain law and order.
3. In Rajendra Prasad v. State of Uttar Pradesh, Justice V.R. Krishna Iyer
stated:
• “The special reason must relate, not to the crime but to the criminal.
The crime may be shocking and yet the criminal may not deserve the
Death Penalty”.
• This is why countries such as China, India, the United States, and
Arab countries are being questioned about their use of the death
penalty.
4. Isn't the capital punishment supposed to stop
crime?
According to the research, there is not any case.
There is no evidence that the capital punishment is more effective than a jail
sentence in deterring crime.
In truth, crime rates have not increased in nations that have abolished the death
sentence.
In 2008, Canada's murder rate was less than half of what it was in 1976, when
the capital punishment was abolished.
6. Capital punishment is
extremely barbaric:
Lethal injection, first used in Texas in 1982,
is the most recent method of imposing the
death sentence, which has been passed
into law by more than 30 states.
The lethal injection procedure has
transformed death into a still life, allowing
the state to execute people without their
experiencing anything. Despite the fact
that the current technique of lethal
injection is constitutional, some people
have suffered as a result of this type of
execution.
7. CONCLUSION
It is self-evident that capital punishment
infringes on fundamental human rights and
freedoms.
Furthermore, capital penalty is not a universal
tool for eliminating crimes from society and
deterring people from committing crimes.
When the death sentence is applied, it
eliminates the possibility of improvement that
may have transformed a person's life.
This is why democracies all over the globe
advocate reformative theories of punishment
and oppose deterrent theories of punishment.