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Capital Punishment.pptx

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Capital Punishment.pptx

  1. 1. Capital Punishment Md. Salauddin Saimum Assistant Professor Department of Law University of Rajshahi
  2. 2. Capital punishment also known as Death penalty, which is a practice sanctioned by the state to put a person to death as a punishment for serious crime. According to the theory of Deterrence, capital punishment is an effective way to stop crime.
  3. 3. Humanist organisations argues that death penalty is the ultimate cruel, inhuman and degrading punishment. Amnesty International recorded at least 579 executions in 18 countries in 2021 It further reported that at least 28,670 people were known to be under sentence of death globally at the end of 2021.
  4. 4.  In 2021, most known executions took place in China, Iran, Egypt, Saudi Arabia and Syria.  China remained the world’s leading executioner.  Excluding China, 80% of all reported executions took place in just three countries – Iran, Egypt, and Saudi Arabia.  According to Amnesty International, Bangladesh is one of the countries with the highest number of executions in the Asia Pacific region.
  5. 5.  Capital punishment is cruel and unhuman. The death penalty is incompatible with human rights and human dignity. A society that respects life does not deliberately kill human beings. The death penalty does not respect the right to life. It is the ultimate denial of human rights.  The death penalty can’t be undone if new evidence, misconduct, or inferior legal assistance is discovered later. It is irreversible and the risk of executing innocent people exists in any justice system. The death penalty is based on a fallible justice system
  6. 6. The death penalty is not a viable form of crime control, and it does not deter crime. However, the death penalty can somehow be used as a tool for control, but not justice. Executions are acts of vengeance, not acts of justice. The death penalty does not allow the guilty person to repent. The death penalty does not guarantee the protection of society.
  7. 7.  Death Penalty degrades the value of human life and brutalizes society. Sometimes it is found that the man who has been convicted and sentenced to death has been innocent of the said crime.  Death Penalty is an impediment to the reformation of the convicted person according to reformative theory. Death Penalty denies the sacredness of human life.
  8. 8. There is no conclusive proof that the death penalty acts as a better deterrent than the threat of life imprisonment. Some criminologists, such as William Bowers of Northeastern University, maintain that the death penalty has the opposite effect: that is, society is brutalized by the use of the death penalty, and this increases the likelihood of more murder.
  9. 9. A recent study by Columbia University Law School found that two thirds of all capital trials contained serious errors. When the cases were retried, over 80% of the defendants were not sentenced to death and 7% were completely acquitted.
  10. 10. Case Decision
  11. 11. Leading Case
  12. 12. 1. It is not more effective than imprisonment as a deterrent 2. It lowers the certainty and speed of punishment 3. Errors of justice in the execution of the penalty are irreparable 4. It destroys respect for human life (Sutherland, Principles of Criminology, p. 314)
  13. 13. Argument in favor of Capital Punishment 1. It is more effective than any other penalty in deterring individuals from murder 2. It is only certain penalty, because murderers who are sentenced to life imprisonment often are paroled or pardoned 3. It is more economical than imprisonment 4. It is necessary in order to prevent citizens from lynching criminals (Sutherland, Principles of Criminology, p. 314)
  14. 14. Argument in favor of Capital Punishment 1. The death penalty prevents future murders. 2. A just society requires the death penalty for the taking of a life. 3. When someone takes a life, the balance of justice is disturbed. Unless that balance is restored, society succumbs to a rule of violence. Only the taking of the murderer's life restores the balance and allows society to show convincingly that murder is an intolerable crime which will be punished in kind.
  15. 15. Criticism on Capital Punishment: Bangladesh Context In our legal system, the death sentence is awarded to those who commit the most heinous crimes. When a decision of a death sentence by a trial court is sent to the High Court Division (HCD) for confirmation, it takes years before it is heard and disposed of. The HCD may or may not uphold such a death sentence and the decision of the HCD may be challenged in the Appellate Division of the Supreme Court which takes further time to conclude.
  16. 16. Criticism on Capital Punishment: Bangladesh Context A prisoner on death row, as a last resort, may apply for the Presidential prerogative of mercy under Article 49 of the Constitution. Therefore, with the acceptance or rejection of the mercy petition from the President, a proceeding of a death sentence comes to finality. From the date of passing the death sentence till the conclusion of the appeal process in the Supreme Court, a death row convict, on average, has to stay in a condemned cell for around a decade.
  17. 17. Criticism on Capital Punishment: Bangladesh Context As of August 2021, a total of 782 death reference cases were pending before the High Court for hearing. The trials of these cases concluded six to sixteen years ago but the convicts remained in condemned cells during this time. There are also instances where prisoners languished in condemned cells for as long as 20 years waiting for their appeals to be heard by the High Court Division. The prisoners spend this delayed time with the torment of death in 10 feet by 6 feet sized cells.
  18. 18. Obaid Ali Case: Justice as a far cry In 2018, Obaid Ali died in a condemned cell after spending 13 long years as a death-row convict. He died on the day he was scheduled to be released after he was declared innocent by the apex court. He was alleged and convicted for killing two police constables in 2006.

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