The document provides an overview of the history and use of the death penalty worldwide. It discusses how the death penalty originated in ancient civilizations like China, Babylon, Egypt and was later codified in Roman law. It traces the death penalty through Britain's influence on colonies and details how reforms reduced capital punishment in the 18th-19th centuries. Currently, most European nations have abolished the death penalty while several Asian and North American countries still practice it, though public support varies significantly between countries. The document aims to analyze arguments for and against the death penalty.

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1. Introduction
Capital punishment or the death penalty is a legal process whereby a person is put to death by the
state as a punishment for a crime. The judicial decree that someone be punished in this manner is
a death sentence, while the actual enforcement is an execution. The manner of execution is
different from one country to the next, but, in all cases, the end result is the same. Death penalty
is actually a part of criminal law. Worldwide there are arguments for or against death penalty.
Both the arguments have their own justification. In Bangladesh we exercise death penalty as
capital punishment to execute the murderer or a convict of vital crime from ancient time. In this
assignment we have given brief description about the history of death penalty, have shown logics
that supports death penalty and logics which are against death penalty. We have analyzed both
kinds of logic and given our own comment about death penalty.
0. wikipedia.org/wiki/Capital_punishment

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2. Origin of the report
Each professional degree needs practical knowledge of the respective field of discipline to be
fruitful. Our BBA program also is similar, relating to the exchange of theoretical knowledge into the
real life practical situation. This report is undertaken as a practical requirement for the “Business
Law and Legal Environment” [BUS-361] course of BBA program. The main purpose of report is to
get the student reach in the depth of a particular study.
The report entitled "Is the death penalty justified", a study on criminal law. The main
purpose of the preparation of the report is to gain the practical knowledge about capital
punishment and to achieve decision making power by using proper justification.
During the course, we were under the supervision and guidance of Fahmida Hasan Mam, Senior
Lecturer, Dept. of Business Administration, East West University.

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3. Objective of the report
The objective of the report can be viewed in two forms:
 Main Objective
 Specific Objective
3.1 Main Objective
This Project report is been prepared primarily to fulfill the Bachelor of Business Administration
(B.B.A) degree requirement under the Department Business Administration, East West
University and the main objective were to prepare a paper on the specified topic implementing
the knowledge that has been gathered over the semesters in East West University.
3.2 Specific Objective
More specifically, this study entails the following aspects:
 To provide a brief overview about death penalty.
 To analyze the justification of death penalty
 To provide a decision in support or against death penalty with proper logic.
4. Scope of the report
The report focused mainly on a question “Is the death penalty justified?”. The information
consists of the observation and study knowledge acquired throughout the semester. The report
brought us the opportunity to gather relevant information and gain adequate experience on that
particular study. We have got enough core information while preparing this report and utilized
the chance to enhance our practical knowledge as well as derive concrete ideas.

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5. Methodology
Project Design:
At first we got the report design and structure from our academic supervisor and moved for the
next steps.
Data Collection:
In order to carry on the report we indented to use both the primary and the secondary data for the
successful completion of the report.
Primary Data:
The primary data are collected in following ways:
1. The primary data was collected by face to face interview by using a detailed questionnaire.
2. Other informal ways.
Secondary Data:
The secondary data are collected in following ways:
1. Web Sites.
2. Journals and Articles.
3. Government Publications
4. Published Documents

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6. Limitation of the report
The Study was limited by a number of factors. Some Constraints are given below-
 Getting the information and interpreting it, on the basis of our understanding and then
implementing it.
 It was hard to get-together with the group members as we have different time schedule.
 Lack of reliable source for information
 Time limitation is one of the major problems.
7. Acronym
An acronym (pronounced AK-ruh-nihm, from Greek acro- in the sense of extreme or tip and
onyma or name) is an abbreviation of several words in such a way that the abbreviation itself
forms a pronounceable word. The word may already exist or it can be a new word. The acronyms
that we have used in our report are:
 Bus Law- Business Law
 AL- Amnesty International
 UN- United Nations
 UNGA- United Nations General Assembly

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8. History of Death Penalty
As far back as the Ancient Laws of China, the death penalty has been established as a
punishment for crimes. In the 18th Century BC, the Code of King Hammurabi of Babylon
codified the death penalty for twenty five different crimes, although murder was not one of them.
The first death sentence historically recorded occurred in 16th Century BC Egypt where the
wrongdoer, a member of nobility, was accused of magic, and ordered to take his own life. During
this period non-nobility was usually killed with an ax.
In the 14th Century BC, the Hittite Code also prescribed the death penalty. The 7th Century BC
Draconian Code of Athens made death the penalty for every crime committed. In the 5th Century
BC, the Roman law of the Twelve Tablets codified the death penalty. The most notorious death
execution in BC was about 399 BC when the Greek philosopher Socrates was required to drink
poison for heresy and corruption of youth.
Mosaic Law codified many capital crimes. In fact, there is evidence that Jews used many
different techniques including stoning, hanging, beheading, crucifixion (copied from the
Romans), throwing the criminal from a rock, and sawing asunder. The most infamous execution
of history occurred approximately 29 AD with the crucifixion of Jesus Christ outside Jerusalem.
About 300 years later, the Emperor Constantine, after converting to Christianity, abolished
crucifixion and other cruel death penalties in the Roman Empire. In 438, the Code of Theodosius
made more than 80 crimes punishable by death.
Britain influenced the colonies more than any other country and has a long history of punishment
by death. In Britain, the number of capital offenses continually increased until the 1700's when
two hundred and twenty-two crimes were punishable by death. These included stealing from a
house in the amount of forty shillings, stealing from a shop the value of five shillings, robbing a
rabbit warren, cutting down a tree, and counterfeiting tax stamps. However juries tended not to
convict when the penalty was great and the crime was not. Reforms began to take place. In 1823,
1. John Laurence, A History of Capital Punishment (N.Y.: The Citadel Press, 1960), 1-3.
2. Michael Kronenwetter, Capital Punishment: AReference Handbook (Santa Barbara, CA: ABC-CLIO, Inc.,
1993), 71.

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five laws passed, exempting about a hundred crimes from the death [penalty]. Between 1832 and
1837, many capital offenses were swept away. In 1840, there was a failed attempt to abolish all
capital punishment. Through the nineteenth and twentieth century’s, more and more capital
punishments were abolished, not only in Britain, but also all across Europe, until today only a
few European countries retain the death penalty.
The first recorded execution in the English American colonies was in 1608 when officials
executed George Kendall of Virginia for supposedly plotting to betray the British to the Spanish.
In 1612, Virginia's governor, Sir Thomas Dale, implemented the Divine, Moral, and Martial
Laws that made death the penalty for even minor offenses such as stealing grapes, killing
chickens, killing dogs or horses without permission, or trading with Indians. Seven years later
these laws were softened because Virginia feared that no one would settle there.
Capital punishment is a matter of active controversy in various countries and states, and
positions can vary within a single political ideology or cultural region. In the European Union
member states, Article 2 of the Charter of Fundamental Rights of the European Union prohibits
the use of capital punishment. The Council of Europe, which has 47 member states, also
prohibits the use of the death penalty by its members
The public opinion on the death penalty varies considerably by country and by the crime in
question, despite the evidence against its power as a deterrent. Countries where a majority of
people are against execution include New Zealand, where 55 percent of the population oppose its
use, Australia where only 23 percent support the death penalty, and Norway where only 25
percent are in favor. Most French, Finns and Italians also oppose the death penalty.
Use of capital punishment is growing in India in the 2010s due to both a growth in right wing
politics and due to anger over several recent brutal cases of rape. While support for the death
penalty for murder is still high in China executions have dropped precipitously, with only 3000
executed in 2012 versus 12,000 in 2002. A poll in South Africa found that 76 percent of
3. Laurence, 9-14 & Kronenwetter, 72-73.
4. "Charter of Fundamental Rights of the European Union"

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millennium generation South Africans supports re-introduction of the death penalty, which is
abolished in South Africa.
The death penalty, which calls for the execution of a defendant if convicted of a crime, is the
ultimate penalty possible for the commission of a crime. As of 2011, almost 60 countries
throughout the world practice the death penalty. The manner of execution is different from one
country to the next, but, in all cases, the end result is the same.
Within the nations that allow the death penalty, the crimes for which it may be imposed vary
widely. Murder and other violent crimes are typical crimes for which the death penalty may be
imposed; however, many countries, such as the People's Republic of China, Egypt, and Iran, also
allow the death penalty for drug-related crimes. The United States does consider the death
penalty to be constitutional, although some individual states have abolished the use of capital
punishment for state crimes. Within the United States, capital punishment is only allowed for
aggravated or felony murder.
5. http://www.amnesty.org/

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9. A recent Overview:
According to Amnesty International, only 22 countries were known to have had executions
carried out in 2013. A worldwide scenario been shown through the picture below.
6. http://www.amnesty.org/

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7. http://www.amnesty.org/

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10. Capital Punishment in Bangladesh
In Bangladesh we exercise death penalty as capital punishment to execute the murderer or a
convict of vital crime from ancient time. From which time we exercise it didn’t know. Though
the sentences of death penalty pass frequently from the courts but the executions of those
sentences are not frequent as well. Every year very few convicts are executed in Bangladesh.
Sometimes the Government of the country releases the convict by showing political issue.
In Bangladesh penal provisions have been made in Penal Code 1860.The following eight types
of offences is punishable with death:
Murder : Sec-302
Murder by life convict: Sec-303
Abatement of suicide of child or insane person: Sec-305
Attempt to murder by life convict causing hurt: Sec-307
Dacoit with murder: Sec-396
Giving or fabricating false evidence with to procure conviction of capital offence: Sec-194
Waging or attempting to wage war against Bangladesh: Sec-121
Abatement of mutiny: Sec-131
8. http://bdlaws.minlaw.gov.bd/

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Other Laws in Bangladesh which Deal with Capital Punishment
Section 19A of the Arms Act, 1878, deals with capital punishment. Section 25 B of the Special
Powers Act permits death penalty. Provisions of the Section, 7-9 of the Nari-O-Shishu Nirjatan
Daman Ain, 2003 permits capital punishment for the criminals under this Act. Besides these
some provisions of some other laws deal with capital punishment in Bangladesh. Acid Santras
Ain is one of the most important Acts in this category.
Finally, a range of laws designed to prevent violence against women and children prescribe death
as punishment. Under legislation known as the
Women and Children Repression Prevention Act, passed in 2000, the death sentence is available
for:
 Murder or attempted murder involving burning, poison or the use of acid (s.4),
 Causing grievous hurt by the above substances if eyesight or hearing capacity or face or
breast or reproductive organs are damaged (s.4(2)(ka)),
 Trafficking of women and children for illegal or immoral acts (s.5 and 6), kidnapping (s.8),
 Sexual assault of women or children occasioning death (s.9(2)),
 Committing dowry murder (s.11), and maiming of children for begging purposes.
In total, twelve offences under this law are punishable by the death sentence, of which two are
simply attempted crimes.
 The Acid Crime Control Act 2002 makes the following crimes punishable by death: causing
death by acid (s.4), causing hurt by acid in a way which totally or partially destroys eyesight,
hearing capacity or defacing or destroying face, breasts or reproductive organs (s.5(ka))
9. http://bdlaws.minlaw.gov.bd/
10. http://odhikar.org

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11. Is the death Penalty Justified?
11.1 Arguments for Death penalty
The death penalty, which calls for the execution of a defendant if convicted of a crime, is the
ultimate penalty possible for the commission of a crime. As of 2011, almost 60 countries
throughout the world practice the death penalty. The manner of execution is different from one
country to the next, but, in all cases, the end result is the same. There are three basic reasons
given for supporting the death penalty: retribution, deterrence, and incapacitation.
Within the nations that allow the death penalty, the crimes for which it may be imposed vary
widely. Murder and other violent crimes are typical crimes for which the death penalty may be
imposed; however, many countries, such as the People's Republic of China, Egypt, and Iran, also
allow the death penalty for drug-related crimes. The United States does consider the death
penalty to be constitutional, although some individual states have abolished the use of capital
punishment for state crimes. Within the United States, capital punishment is only allowed for
aggravated or felony murder.
One reason often cited for supporting the death penalty is retribution. This reason goes back to
the old biblical concept of "an eye for an eye." Many people feel that execution is a natural
human response to the crime of murder. The rationale is that, if the defendant has taken a life,
then the defendant's life should be taken.
A more common academic reason given for supporting the death penalty is that it is a deterrent
for others who may consider committing the same crime. One argument for punishment of
criminals is that by punishing someone who has a committed a crime, others will be deterred
from committing the same or similar crimes. Supporters of the death penalty feel that if someone
knows that he or she could be executed for breaking the law, then he or she will be less likely to
follow through with the commission of a crime.
11. http//:www.deathpenalty.org
12. hrrp://www.wisegeek.com

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Incapacitation is another justification for supporting the death penalty. Although similar to the
retribution argument, incapacitation is more of a logical response as opposed to an emotional
response. One way to be certain that a criminal will not re-offend is to take away the possibility
of re-offending. Some people feel that prison still affords a person the ability to commit a crime
and is the only true way to incapacitate the offender. To assure that he or she cannot commit
another crime, he or she is executed.
There are also some reasons behind performing death sentences in many countries. These are:
1. Prison: There are three purposes for prison. First, prison separates criminals for the safety of
the general population. Second, prison is a form of punishment. Third and finally, the
punishment of prison is expected to rehabilitate prisoners; so that when prisoners are released
from prison, these ex-convicts are less likely to repeat their crimes and risk another prison
sentence. The logic for capital punishment is that prisons are for rehabilitating convicts who
will eventually leave prison, and therefore prison is not for people who would never be
released from prisons alive.
2. Cost of Prison: Typically, the cost of imprisoning someone for life is much more expensive
than executing that same person. However with the expensive costs of appeals in courts of
law, it is arguable if capital punishment is truly cost effective when compared with the cost
of life imprisonment.
3. Safety: Criminals who receive the death penalty are typically violent individuals. Therefore
for the safety of the prison’s guards, other prisoners, and the general public (in case a death
row inmate escapes prison), then logic dictates that safety is a reason for capital punishment.
4. Deters Crime: There have no scientific proofs that nations with capital punishment have a
lower rate of crime. Therefore the risk of the death penalty does not seem to deter crime. But
it’s the ultimate deterrent, we can't stop a murder in progress, but we can prevent it. Not
much explanation needed here, for example Saudi Arabia has a very low murder rate, and
they use Capital Punishment. Though it has also been shown to increase the violence after a
capitally punishable crime has been committed.
13. http://www.philforhumanity.com/Capital_Punishment.html

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5. Extreme Punishment: The logic is that the more severe the crime, then the more severe the
punishment is necessary. But what is the most severe punishment: lifetime in prison or
execution? I am not sure that anyone alive is qualified to answer this question.
6. Appropriate Punishment: It is commonly believed that the punishment of a crime should
equal the crime, if possible. This is also known as "an eye for eye" justice. Therefore using
this logic, the appropriate punishment for murder is death.
7. Vengeance: Some crimes are so horrific that some people think that revenge or retribution is
the only option. This reasoning is not based on logic; but rather, it is based on emotions.
Therefore, this reason should not be deemed a valid justification.
8. Value of life: When a sentence is given in the court of law to a capital crime, it is said that
the suspect is given a life sentence of which six years must be served, however, when you
say six years must be served, you are valuing life to six years. A life is a life, it isn't six years.
If you commit murder if proven guilty you must be willing to give your own life. However,
where do you draw the line, if you commit man slaughter then you've taken a life but should
you be sentenced to death, the answer is a simple no. If you have set out determined to take a
person’s life, then it is organized murder. Therefore they have willingly taken the life of
another person. Although not a religious person myself, going to a Methodist school and
having Christian friends, having talked about it there are some things I agree with. For
Instance, in the days of moses, when the ten commandments were written, one of them what
"you shall not kill", if one of these commandments were broken by the community, the
punishment was death, mostly carried out by the stoning of the suspect. God said, life for life,
eye for eye, tooth for tooth, hand for hand and foot for foot. This section of Christianity i
believe in. But god didn't say, life for six years, it was life for life. If you are willing to take
another person’s life for whatever reason you should be willing to give your own.
14. http://www.philforhumanity.com/Capital_Punishment.html

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Religious Point of view
Different religions have different beliefs concerning capital punishment. Even individual
religions have contradictory beliefs. For instance, the Bible clear states the death penalty as valid
and just, yet at the same time murder is not allowed and salvation must be offered. Since not
everyone is of the same religion and each person can even interpret the same religion differently,
the role of religion concerning the death penalty is very unclear. This is why governments should
separate state and church.
In Islam:
"...If anyone kills a person - unless it be for murder or for spreading mischief in the land - it
would be as if he killed all people. And if anyone saves a life, it would be as if he saved the life of
all people"
(Qur'an 5:32).
Life is sacred, according to Islam and most other world faiths. But how can one hold life sacred,
yet still support capital punishment? The Qur'an answers, "...Take not life, which God has made
sacred, except by way of justice and law. Thus does He command you, so that you may learn
wisdom" (6:151).
The key point is that one may take life only "by way of justice and law." In Islam, therefore, the
death penalty can be applied by a court as punishment for the most serious of crimes. Ultimately,
one's eternal punishment is in God's hands, but there is a place for punishment in this life as well.
The spirit of the Islamic penal code is to save lives, promote justice, and prevent corruption and
tyranny.
15. http://islam.about.com/cs/law/a/c_punishment.html

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Islamic philosophy holds that a harsh punishment serves as a deterrent to serious crimes that
harm individual victims, or threaten to destabilize the foundation of society. According to
Islamic law (in the first verse quoted above), the following two crimes can be punishable by
death:
 Intentional murder
 Fasad fil-ardh ("spreading mischief in the land")
Intentional Murder
The Qur'an legislates the death penalty for murder, although forgiveness and compassion are
strongly encouraged. The murder victim's family is given a choice to either insist on the death
penalty, or to pardon the perpetrator and accept monetary compensation for their loss (2:178).
Fasaad fi al-ardh
The second crime for which capital punishment can be applied is a bit more open to
interpretation. "Spreading mischief in the land" can mean many different things, but is generally
interpreted to mean those crimes that affect the community as a whole, and destabilize the
society. Crimes that have fallen under this description have included:
 Treason / Apostasy (when one leaves the faith and joins the enemy in fighting against the
Muslim community)
 Terrorism
 Land, sea, or air piracy
 Rape
 Adultery
 Homosexual behavior
16. http://islam.about.com/cs/law/a/c_punishment.html

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Actual methods of capital punishment vary from place to place. In some Muslim countries,
methods have included beheading, hanging, stoning, and firing squad. Executions are held
publicly, to serve as warnings to would-be criminals.
It is important to note that there is no place for vigilantism in Islam -- one must be properly
convicted in an Islamic court of law before the punishment can be meted out. The severity of the
punishment requires that very strict evidence standards must be met before a conviction is found.
The court also has flexibility to order less than the ultimate punishment (for example, imposing
fines or prison sentences), on a case-by-case basis.
In Christianity
The death penalty was first instituted by God Himself in Genesis 9:6: "Whoso sheddeth man's
blood, by man shall his blood be shed: for in the image of God made he man." Man didn't invent
the death penalty, so man has no right to abandon it. We live in an age when everyone is far too
concerned with "human rights", and God has been practically ignored, as if He had no rights at
all.
God does have rights and it is His right to do as He pleases with His own creation. Man is the
highest form of life on this earth, created in God's own image, and crowned with glory and
honor (Psa. 8:5). God has given man the MORAL DUTY to execute those who choose to take the
lives of others. Exodus 21:12 says, "He that smiteth a man, so that he die, shall be surely put to
death." Do you wish to honor God? Then you must support the death penalty, because God
commands it.
17. http://islam.about.com/cs/law/a/c_punishment.html
18. www.proofdirectory.org/bible-say-captial-punisment

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In Hinduism
Parmatmananda Saraswati, Co-ordinator of the Hindu Dharma Acharya Sabha, in an
Oct./Nov./Dec. 2006 article "Capital Punishment: Time to Abandon It?" published in Hinduism
Today, stated:
"Capital punishment is allowed under Hindu tradition. Lord Rama is the embodiment of dharma,
yet he killed King Bali, who had stolen his own brother's wife... Sometimes I feel that the crimes
today are even more heinous than in the past. Hence capital punishment, if sanctioned by the
scriptures, should continue."
Under the Indian Penal Code, the death penalty is reserved for the gravest offenses. There are
only several crimes, for which inflicting death upon the criminal, is permissible. The first of
which is waging war against the Government of India. The next action, which is punishable by
death, is the encouragement of a mutiny which is committed in consequence thereof. The death
penalty is also prescribed when someone gives false evidence that results in the defendant being
convicted of the crime, sentenced to death and the punishment being carried out. The fourth
reason someone can be sentenced to death is murder, under the notion of an eye for an eye.
Again, the death penalty is allowed for someone who encourages the suicide of a minor,
someone who is insane or a person who is intoxicated. The sixth reason a person can be
sentenced to death is if a convict attempts to commit murder and harm is caused. The last reason
the death penalty can be inflicted is if murder is committed during a robbery by a gang. All of the
cases, in which one can be sentenced to death, are those in which death has resulted or was likely
to result. For all seven of these cases, there is the alternative of lifetime imprisonment. Today,
attempts are made to find mitigating and extenuating factors so that the lesser punishment is
inflicted. It was commanded that the King should avoid capital punishment and instead detain,
imprison and repress offenders.
19. http;//www.hinduismtoday.com
20. Doongaji, Damayanti. Crime and Punishment in Ancient Hindu Society

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There are some main differences between the ancient and the modern Hindu law with respect to
the death penalty. The first difference is that in classical India the death penalty was permissible
in a very large number of cases. Second, the death penalty was not prescribed solely in cases in
which death resulted or was likely to result. Instead, it was also used in cases such as adultery
and theft. Third, there were numerous ways to inflict the death penalty, unlike modern India
which uses hanging as their only means of imposing death. Fourth, in modern India the death
penalty is an exception whereas in ancient India it was a rule. Fifth, today the underlying
principle seems to be retributive while in classical India it was a means of deterrence. Lastly,
today the law in relation to the death penalty is the same regardless of caste or color. However in
ancient India Brahmins were never subject to the death penalty.
21. http;//www.hinduismtoday.com
22. Doongaji, Damayanti. Crime and Punishment in Ancient Hindu Society

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11.2 Arguments against Capital Punishment
1. Prison: It is often believe that prison is a viable alternative to executing a person. However as
mentioned above, even imprisonment for life with no chance of parole still has issues.
2. Not Humane: Killing a person is not humane, even if the criminal is not humane. What is
humane is subjective to a person’s upbringing, education, beliefs, and religion. Therefore
different people interpret what is humane differently. For instance, some people consider putting
a pet asleep is humane if the animal is in great pain, but doing the same thing for a person is
often not considered humane. Other people would not kill an animal even for food. In some
cultures, mercy killings are honorable.
3. Fairness: The life of the criminal cannot compensate for the crime committed. Basically, two
wrongs do not make a right.
4. Pain of Death: Executing a person can be quick and painless, or executing a person can be
slow and painful. The method, and therefore the pain, of capital punishment is also subjective to
society’s norms. Some cultures prefer suffering, others do not.
5. Violates Human Rights: Some groups of people deem death a violation of the person’s right to
live. Other groups of people disagree that the death penalty is a cruel and unusual punishment.
There is no clear definition of what human rights are, so there will always be disagreements with
whether it violates human rights.
6. Wrongly Convicted: Some people executed were proven too late to be wrongly convicted of a
crime that they did not commit.
7. Playing God: Some people believe that all deaths should be natural. Other people believe
murder is a part of nature.
8. Salvation: Felons have less time and likelihood of finding spiritual salvation if they are
executed. The obvious question for this reasoning is salvation a valid concern for the state?
23. http://www.amnestyusa.org

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9. Forgiveness: Criminals have less time and likelihood to seek forgiveness for their crimes if
they are executed. Again, is forgiveness a valid concern for the government?
10. Amends: Executing someone decreases the time and likelihood for the criminal to repair any
damage from the crime. Should the state be concerned over this too?
11. Family Hardship: It is often said that the family members of the executed needlessly suffer
too, yet the crime itself has victims and family members too.
12. Miscarriages of justice: There have been numerous example of miscarriages of justice,
where the real culprit has been caught after someone has been convicted for the crime. If the
death penalty was allowed this could well mean that someone who was innocent was executed -
essentially murdered as s/he was innocent - by the state. When someone is in prison he can be
freed and compensated, we can’t bring someone back to life. For example three people who have
been executed in the UK since 1945 have been pardoned.
13. Cost: The greatest costs associated with the death penalty occur prior to and during trial, not
in post-conviction proceedings. Even if all post-conviction proceedings (appeals) were abolished,
the death penalty would still be more expensive than alternative sentences. There have some
facts regarding the cost of death sentence:
• Trials in which the prosecutor is seeking a death sentence have two separate and distinct
phases: conviction (guilt/innocence) and sentencing. Special motions and extra time for jury
selection typically precede such trials.
• More investigative costs are generally incurred in capital cases, particularly by the prosecution.
• When death penalty trials result in a verdict less than death or are reversed, taxpayers first incur
all the extra costs of capital pretrial and trial proceedings and must then also pay either for the
cost of incarcerating the prisoner for life or the costs of a retrial (which often leads to a life
sentence).
24. http://www.amnestyusa.org

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The death penalty diverts resources from genuine crime control measures. Spending money on
the death penalty system means:
• Reducing the resources available for crime prevention, mental health treatment, education and
rehabilitation, meaningful victims' services, and drug treatment programs.
• Diverting it from existing components of the criminal justice system, such as prosecutions of
drug crimes, domestic violence, and child abuse.
• Emergency services, creating jobs, and police & crime prevention were the three highest rated
priorities for use of fiscal resources.
• Schools/libraries, public health, and roads/transportation also ranked higher than the death
penalty.
14. There is racial and economic discrimination in application of the death penalty: Death
penalty is often influenced by racial bias. Before 1857 when America allows slavery there had
been a huge number of people given death penalty on American court just because the people are
black. Since 1977 the overwhelming majority of death row defendants almost 77% have been
executed for killing white victims even though African-American make up about half of all
homicide victims. The death penalty is also applied in a racially biased manner. This bias
extends not only to the race of the defendants singled out for death sentences but also to the race
of the victim. When it comes to the death penalty, the lives of minorities are valued less than that
of whites.
African Americans are 12 percent of the U.S. population, but 42 percent of prisoners on death
row. In Pennsylvania, Louisiana and Maryland, and in the U.S. military and federal system, more
than 60 percent of those on death row are Black; Virginia, Arkansas, Mississippi, North
Carolina, South Carolina and Ohio all have death rows where more than 50 percent are African
American. Although Blacks constitute approximately 50 percent of murder victims each year, 80
percent of the victims in death penalty cases were white, and only 14 percent were Black.
25. http://www.amnestyusa.org

24. Page | 24
Of the over 18,000 executions that have taken place in this country’s history, only 42 involved a
white person being punished for killing a Black person.
According to Amnesty International, more than 20 percent of Black defendants executed since
1976 were convicted by all-white juries.
15. Morality: The morality of killing a person is also subjective for each person. Throughout
the life of an individual, their beliefs and morality can and most likely will change.
International activities to stop death penalty
The United Nations General Assembly adopted resolution 62/149 on 18 December 2007, calling
for a worldwide moratorium on executions. The resolution was adopted by an overwhelming
majority of 104 UN member states in favor, 54 countries against and 29 abstentions. Although
not legally binding, the adoption of resolution 62/149 by the main UN deliberative body with
universal membership carries considerable moral and political weight. The resolution reaffirms
in unequivocal terms the commitment of the UN towards abolition. Resolution 62/149 expresses
deep concern about the application of the death penalty. It calls upon states that still maintain it
to, inter alia, respect international safeguards guaranteeing the rights of those facing the death
penalty, to reduce the number of offences for which the death penalty may be imposed and “to
establish a moratorium on executions with the view to abolishing the death penalty”.
The resolution is a reminder of UN member states' commitment to work towards abolition of the
death penalty. It is also an important tool to encourage retentions countries to review their use of
the death penalty. A second UNGA resolution on the death penalty was adopted by the UN
General Assembly on 18 December 2008. It reaffirms the content of the 2007 resolution and
welcomes the report of the UN Secretary General on the implementation of the 2007 UNGA
resolution 62/149. It also requests that the UN General Assembly will consider the matter of the
death penalty at its sixty-fifth session in 2010. The support to second resolution increased by
significantly, as 106 UN members states voted in favor, 46 against and 34 abstained. The strong,
cross-regional, support reflects a historically undeniable trend towards abolition of the death
penalty in all regions of the world.
26. http://www.amnestyusa.org
27. http://www.un.org/

25. Page | 25
Amnesty International is calling on countries that still use the death penalty to embrace the call
from the UN General Assembly and establish an immediate moratorium on executions as a first
step towards abolishing capital punishment.
28. http://www.amnestyusa.org

26. Page | 26
COUNTRIES THAT HAVE ABOLISHED THE DEATH PENALTY SINCE 1976:
1976 PORTUGAL abolished the death penalty for all crimes.
1978 DENMARK abolished the death penalty for all crimes.
1979
LUXEMBOURG, NICARAGUA and NORWAY abolished the death penalty for all crimes. BRAZIL, FIJI and
PERU abolished the death penalty for ordinary crimes.
1981 FRANCE and CAPE VERDE abolished the death penalty for all crimes.
1982 The NETHERLANDS abolished the death penalty for all crimes.
1983 CYPRUS and EL SALVADOR abolished the death penalty for ordinary crimes.
1984 ARGENTINA abolished the death penalty for ordinary crimes.
1985 AUSTRALIA abolished the death penalty for all crimes.
1987
HAITI, LIECHTENSTEIN and the GERMAN DEMOCRATIC REPUBLIC abolished the death penalty for all
crimes.
1989 CAMBODIA, NEW ZEALAND, ROMANIA and SLOVENIA abolished the death penalty for all crimes.
1990
ANDORRA, CROATIA, the CZECH AND SLOVAK FEDERAL REPUBLIC, HUNGARY, IRELAND,
MOZAMBIQUE, NAMIBIA and SAO TOMÉ AND Principe abolished the death penalty for all crimes.
1992 ANGOLA, PARAGUAY and SWITZERLAND abolished the death penalty for all crimes.
1993
GUINEA-BISSAU, HONG KONG and SEYCHELLES abolished the death penalty for all crimes. GREECE
abolished the death penalty for ordinary crimes.
1994 ITALY abolished the death penalty for all crimes.
1995 DJIBOUTI, MAURITIUS, MOLDOVA and SPAIN abolished the death penalty for all crimes.
1996 BELGIUM abolished the death penalty for all crimes.
1997
GEORGIA, NEPAL, POLAND and SOUTH AFRICA abolished the death penalty for all crimes. BOLIVIA and
BOSNIA-HERZEGOVINA abolished the death penalty for ordinary crimes.
1998 AZERBAIJAN, BULGARIA, CANADA, ESTONIA, LITHUANIA and the UNITED KINGDOM abolished the

27. Page | 27
death penalty for all crimes.
1999
EAST TIMOR, TURKMENISTAN and UKRAINE abolished the death penalty for all crimes. LATVIA
abolished the death penalty for ordinary crimes.
2000
COTE D'IVOIRE and MALTA abolished the death penalty for all crimes. ALBANIA abolished the death
penalty for ordinary crimes.
2001
BOSNIA-HEZEGOVINA abolished the death penalty for all crimes. CHILE abolished the death penalty for
ordinary crimes.
2002
TURKEY abolished the death penalty for ordinary crimes. The FEDERAL REPUBLIC OF YUGOSLAVIA (now
two states SERBIA and MONTENEGRO) and CYPRUS abolished the death penalty for all crimes
2003 ARMENIA abolished the death penalty for ordinary crimes
2004 BHUTAN, SAMOA, SENEGAL and TURKEY abolished the death penalty for all crimes
2005 LIBERIA and MEXICO abolished the death penalty for all crimes.
2006 PHILIPPINES abolished the death penalty for all crimes.
2007
ALBANIA abolished the death penalty for all crimes. and RWANDA abolished the death penalty for all
crimes. KYRGYZSTAN abolished the death penalty for ordinary crimes.
2008 UZBEKISTAN, CHILE and ARGENTINA abolished the death penalty for all crimes.
2009 BURUNDI and TOGO abolished the death penalty for all crimes.
2010 GABON removed the death penalty from its legislation.
2012 LATVIA abolished the death penalty for all crimes.
2013 BOLIVIA abolished the death penalty for all crimes.
29. http://www.deathpenaltyinfo.org/abolitionist-and-retentionist-countries

28. Page | 28
12. Survey and Analysis
12.1. Survey:
1. What we wanted to know?
Our main aim was to come to gather general opinion about death penalty and is it
justified or not in Bangladesh.
2. Forming the question
Our survey includes only one question with a brief explanation of the question.
“Is death penalty justified?”
3. Targeted Population:
Our targeted population was mainly educated peoples, mainly students of law from different
universities and social activist
Explanation: in our survey 70% participants were male and rest 30% were female.
70%
30%
Gender
Male
Female

29. Page | 29
Explanation: 60% participants of our survey were students, 25% were social activist and 15%
were employee of different organization.
4. Survey result:
Explanation: when we asked the question to the people participated in our survey, 75% of
them think its justified and the maximum amount of people which is 25% think that its not
justified.
60%15%
25%
Occupation
Student
Social Activist
Employee
75%
25%
Is the death Penalty Justified?
Yes
No

30. Page | 30
12.2. Analysis:
After analyzing the argument for and against of death penalty we can express a mixed opinion
about death penalty. For some action like murder and terrorism death penalty can be used but it
also can create some question. Though using death penalty some country like Saudi Arab, Iran
reduce their crime rate but it may also create a social disobedience. In USA alone at least 7000
people is killed every year in homicide action. After use the execution of death penalty the crime
rate is increasing every day. And the death penalty practices perform only for 1 people in 6000
who are convicted. It can create a problem for judicial system also. But on the other hand not
performing death penalty can also give a wrong message to the murderer, that they can be free
though performing a murder. Almost every religion excluding Buddhism asks to perform death
penalty for some indicated action. It helps to create a suitable social environment for common
people. There may have been a risk for performing death penalty practices like wrongfully
convicting people, Violates Human Rights, Family Hardship for the people convicted and many
other influential factors but it should not be abolished totally.
Third world country like Bangladesh, India, Indonesia and other African country needs to use it
to lower their crime rate. Because most of the people in these country are uneducated and
government is also fail to provide social security for their citizen. In these country though death
penalty is often used to influence people but death penalty is also helps to maintain law and order
in society. From religious point of view death penalty can also use for punishment of murderer.
We cannot bring alive the death people alive by executing death penalty but we also cannot value
a life by just giving six to ten year sentence to a convicts for murder or for equal crime. This
shows an injustice to victim’s life and their family. So death penalty should perform as a capital
punishment. But government and people should also try to reduce the rate of death penalty also.
As it can create a civil disobedience in society. So government should provide better education
and a good social security to their people to reduce the crime rate as well as increase the social
happiness.

31. Page | 31
Conclusion
Every nation has its own law, rules and regulations. Without any kind of regulation no nation or society
can enjoy peace. We never imagine a society without rules and regulation. There might be chaos
everywhere. There is a reason behind every law. Death penalty is the most controversial one but still it is
been exercised by many of countries and from the above discussion and analysis we can quite easily
guess what is the reason behind it.
14. Bibliography
1. John Laurence, A History of Capital Punishment (N.Y.: The Citadel Press, 1960), 1-3.

32. Page | 32
2. Michael Kronenwetter, Capital Punishment: AReference Handbook (Santa Barbara, CA:
ABC-CLIO, Inc., 1993), 71.
3. http://islam.about.com/cs/law/a/c_punishment.htm
4. http://www.amnestyusa.org/pdfs/DeathPenaltyFactsMay2012.pdf
5. http://odhikar.org/bangladesh-criminal-justice-through-the-prism-of-capital-punishment-
and-the-fight-against-terrorism/
6. http://www.amnesty.org/en/death-penalty/united-nations-general-assembly-resolutions-
calling-for-a-moratorium-on-the-use-of-the-death-penalty
7. http://www.deathpenaltyinfo.org/abolitionist-and-retentionist-countries
8. http://www.philforhumanity.com/Capital_Punishment.html
9. Kronenwetter, 72-73.
10. Laurence, 9-14.
11. wisegeek.com
12. http;//www.hinduismtoday.com
13. Doongaji, Damayanti. Crime and Punishment in Ancient Hindu Society
14. Curry, Tim. "Cutting the Hangman’s Noose: African Initiatives to Abolish the Death
Penalty." (Archive) American University Washington College of Law
15. "Charter of Fundamental Rights of the European Union"
16. wikipedia.org/wiki/Capital_punishment