Iycee Charles de Gaulle Summary Capital Punishment Is A Legal Process Criminology Essay

Capital Punishment Is A Legal Process Criminology Essay

Introduction

Capital penalty is a legal procedure in which a individual is put to decease by the state or province jurisprudence as a penalty for a offense. It is besides known as decease sentence or decease punishment. Capital penalty sends the message that such condemnable Acts of the Apostless will non be tolerated in the society. It works on the simple theory that people desist from making a peculiar action when they know that they will hold to pay a high monetary value for the same. There is no uncertainty that decease punishment is one of the most problematic issue in our society. In support of decease punishment people argue that it discourage others from fall backing to similar offenses, those who oppose it are of the sentiment that it is non as effectual it is promoted to be.

Many states still maintain the capital penalty in their penal Torahs. This is a pattern that has been at that place since clip immemorial as a mark of the Law of Moses, which integrated a retaliatory attack that was characterized as an oculus for an oculus and a tooth for a tooth.[ 1 ]

There are 7 types of capital penalties known to universe. These are:[ 2 ]

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

Death by Hanging

Execution by Open firing Squad

Lethal Injection

Gas Chamber Executions

Death by Stoning

Death by Decapitating

Electrocution.

Capital Punishment in Bangladesh

The capital penalty is one of chatty issue in present twenty-four hours Bangladesh. In the international environment decease punishment is actively implemented and good protected. In some instances, it is besides a problematic affair in the domestic country. Harmonizing to Amnesty International study, Bangladesh is a “ retentionist ” state.[ 3 ]That means Bangladesh is the booster or protagonist of capital penalty. There is a batch of grounds which support the statement of Amnesty International study. The practical natures of the accounts or groundss support the riddance of the decease punishment in Bangladesh.

Crimes punishable by decease in Bangladesh

There is a broad scope of offenses are presently capable to the capital penalty in Bangladesh. Harmonizing to the Penal Code 1860, here is a set of offenses which are capable to the decease punishment in Bangladesh:

Section

121: Waging war against Bangladesh

132: Abetting mutiny

194: Giving false grounds upon which an guiltless individual suffers decease

302: Murder

305: Helping the self-destruction of a kid or insane individual

307: Attempted slaying by life-convicts

396: Kidnapping of a kid under the age of 10s ( with purpose to slaying, grievously hurt,

blame or enslave the kid ) and Armed robbery ensuing in slaying.

Harmonizing to the Particular Powers Act 1974:

Section

15: Sabotage

25: Hhoarding of goods or covering on the black market, forging, smuggling, and

toxic condition or taint of consumables or effort of any of these offenses.

In add-on, there is an act, Women and Children Repression Prevention Act-2000, to forestall force against adult females and kids. Under this act the capital penalty is available for: slaying or attempted slaying affecting combustion, usage of acid, trafficking of adult females and kids for illegal or immoral Acts of the Apostless, sexual assault of adult females or kids occasioning decease etc.

Criminals Excluded From the Capital Punishment

The individuals who are below 18 old ages old at the clip of perpetrating offense will be excluded from the capital penalty.[ 4 ]In 2009, the U.N. Committee on the Rights reiterated this dismay and suggested that Bangladesh explicate its lucidity of the kid to include all people under the age of 18. U.N. documents point out that Bangladesh ‘s state of affairs is that it does non implement individuals for offenses committed while under the age of 18, that capital penalty for such persons are infrequently-if at all-meted out by tribunals and that Bangladesh is leting for changing the 1974 Children Act to guarantee a clear legal exclusion.[ 5 ]Womans are non applicable for decease punishment during gestation period. Womans with new born kids besides will non punishable by decease sentence.[ 6 ]The people who are mentally ill are excluded from decease punishment. During perpetrating the condemnable act if the individual is in unsoundness of head or is incapable of cognizing the nature of the act will non be punished by capital penalty.[ 7 ]

Courts and the Judiciary of Bangladesh

Bangladesh operates under a judicial system. It was chiefly come from the British common jurisprudence tradition. The Supreme Court is the highest entreaties tribunal in Bangladesh. It is divided into the Appellate Division and the High Court. The High Court hears entreaties from low-level tribunals. Under the writ legal power, the High Court issues orders to implement cardinal rights and grant other available biddings. From the High Court division, the Appellate Division hears entreaties. An of import map of the Appellate Division is oversing the subsidiary tribunals and courts.[ 8 ]

Legal footing of Capital Punishment in Bangladesh

Capital penalty is capable to anterior blessing of the honable high tribunal division of the Supreme Court of Bangladesh.

All capital penalties in Bangladesh are carried out by hanging harmonizing to the Bangladesh authorities jurisprudence.[ 9 ]Like other states in the part, Bangladesh does non hold a jury system: suspected felons are tried and sentenced by a justice.[ 10 ]Those sentenced to decease hold an automatic entreaty hearing before the High Court. If that entreaty fails, the individual besides has the option to lodge extra entreaties with the High Court and, if those fail, with the Supreme Court. Should all these avenues of entreaty fail, the condemned individual ‘s concluding opportunity is to appeal to the President for mildness.[ 11 ]The Jail Code besides affords an avenue for entreaty, whereby captives can appeal to the gaol governments within seven yearss of being brought to imprison – this appears to use to those captives extradited from abroad. Extra to these precautions, is the demand that the High Court approve all decease sentences pronounced by a lower tribunal before they can be put into consequence. A hearing is held in which all paperss associating to the instance, including the lower tribunal ‘s judgement, are compiled.[ 12 ]

Clemency procedure

The Code of Criminal Procedure specifies that executings require non be permitted by the executive.[ 13 ]The chief executive obstruction to executing of a capital penalty is the privilege of clemency, approved by the Constitution and defined under the Code of Criminal Procedure and Penal Code. Damned individuals petition the President for mildness. In add-on, the authorities – which may intend the legislative assembly or some other executive official-may alter capital penalty.[ 14 ]

Available statistics on Capital Punishment in Bangladesh

The information or statistics about capital penalty are non publically reported in Bangladesh. It merely comes in publically, when it is about a ‘sensational ‘ or ‘political ‘ affair. For illustration, the February 2010 hanging of 5 individuals accused and tried for the slaying of Sheikh Mujibur Rahman was widely reported ; the same holds true of the 2007 hanging of members of the JMB who were accused in the 2005 bomb onslaughts on two Judgess at Jhalakathi.[ 15 ]There is No official information are available sing the figure of decease punishment handed down, or the figure of capital penalties carried out. Harmonizing to the International Federation for Human Rights ( 2010 ) , there are about 75,000 captives all over Bangladesh and 40-45 per centum of them are convicted captives. In one territory gaol outside Dhaka, out of the 2,300-2,400 estimated sum prison inmates, 90 captives are on decease row.[ 16 ]

The following tabular array includes the figure of capital penalties reported in Amnesty

International ‘s one-year studies for the past five old ages, every bit good as the Numberss reported by Hands Off Cain.

Number of Executions, Bangladesh, 2005-2010:[ 17 ]

Capital Punishment and the attitude of BangladeshA Government

Bangladesh is a state where there is really no right to life. Exerting the capital penalty violates the common human rights. In 2010, five people were given the decease punishment within a twenty-four hours. On January 28 of the same twelvemonth, the Supreme Court of Bangladesh made the determination to put to death decease punishment of the slayers of Sheikh Mujibur Rahman.[ 18 ]

On the contrary, on 7th September 2010 Zillur Rahman, President of Bangladesh, pardoned 20 captives decease row. Those people were sentenced to decease in 2006 by a Speedy Trial Tribunal ( 2002 ) for the slaying of a then-ruling Bangladesh Nationalist Party ( BNP ) activist Sabbir Ahmed Gama.[ 19 ]In the history of Bangladesh it was the first where President gave pardon a immense figure of decease captives at a clip. The of import thing is that the benefited captives are protagonists of the present regulating party ( Awami League ) . Amnesty International welcomed the forgiveness of President Zillur Rahman in their international study. At the same clip it besides argued that it is non ethical to prefer lone protagonists of the regulating party.[ 20 ]

Though the decease sentence is a lasting penalty, the legislative governments should guarantee that felons are non released by the politically motivated evidences.

Problems of Bangladesh ‘s condemnable justness system

Lack of equity and transparence.

Political intervention and arbitrary constabularies control over the ailment mechanisms.

Criminal justness system is politicalized, inefficient, and unprofessional.

As far the disposal of justness, the judiciary system does non bask independency.

Lack of judicial competency and committedness to continuing the regulation of jurisprudence.

The state ‘s medico-legal system still is non acceptable by international criterions.

Lack of interpersonal regard between attorneies, Judgess, political parties, medico-legal experts earnestly shackles effectivity of the disposal of justness.

Is the Capital Punishment an Effective Crime Deterrent

Capital penalty is based on the rule that the hazard of decease makes likely felons think twice earlier making to some serious offenses – such as slaying, colza and makes them wholly give up on such condemnable act. The effectivity of decease sentence to forestall condemnable from making serious offenses is questionable, whether it truly discourages people to make offenses. A survey in America discloses that 88 per centum of American criminologists believed that capital penalty was non effectual offense bar. In this survey about 87 per centum of the respondents thought that capital penalty would hold no major impact on offense rates in the state as such.[ 21 ]

On the other manus, many criminologists think that decease punishment in itself is one of the several factors which makes a individual indulge in offense. The illustration of Canada wherein the slaying rate decreased after riddance of capital penalty in 1976.[ 22 ]One of import thing is that the felon who is be aftering to make any offense, he or she will ne’er acquire affected by the menace of being caught and convicted. In add-on, the clip spread between the sentencing of inmate and his existent executing is rather drawn-out. As clip elapse the obviation consequence of condemning a individual to decease starts diminishing. Now the people who support the decease punishment may reason that to rush up legal procedure and put to death the decease sentence early. But so, rapid tests would once more intend more opportunities of an guiltless individual being sent to the gallows, and that is something which we ca n’t afford to make.

There are some surveies which support the decease sentence as offense bar. A survey showed that 18 lives are saved for every condemnable decease punishment.[ 23 ]The legislative governments of Bangladesh argue that the capital penalty is indispensable for control the serious offenses like slaying. They besides think that capital penalty will convey the message of ultimate consequences of slaying to the possible felon. This alleged bar of condemnable act is shown to non be working efficaciously, as incidents of serious offenses rise each twelvemonth. For illustration, harmonizing to the Bangladesh Police website, there were 3592 slayings during 2005 and 4219 slayings in 2009.[ 24 ]

Arguments in favour of Capital Punishment

There are two types of felons in our society – 1s who commit offenses under ineluctable fortunes and other 1s who commit offenses deliberately. The people who commit offenses deliberately, they do non experience any sort of guilt for their actions and they do non waver to make same once more. So, it is of import to implement capital penalty for doing such felons to recognize that they are non the decider of life and decease. Here is some supports behind the capital penalty:

Fear of Death:

All people have the fright of decease, even though decease is inevitable. Implementing decease punishment for serious offenses like slayings or colzas will perfectly do the condemnable think twice earlier making any barbarous offenses. There are some slayers who are commit killing merely for carry through their avocation. Capital penalty will direct the message to the felon that, he or she is fixing ain grave by killing person else.

No Escape:

No 1 can getaway from the decease, but any one can get away from imprisonment. There are so many groundss of gaol get awaying illicitly by pull offing political leader or prison inspector. After get awaying the condemnable commit offenses once more and doing the guiltless suffers. So this is unethical to allow guiltless people die and condemnable live.

Justice non Killing:

Sometimes the people who do non back up capital penalty, they think decease punishment is all about retaliation in the name of jurisprudence or justness. However it is really of import for our society to learn felons about the importance of life.

Salvaging the Innocent:

To salvage guiltless people there is no other alternate manner without decease punishment to the serious felons. If we allow felons in the imprisonment, so endure for the guiltless people will be immense.

Law Should Supply Justice:

Capital penalty issued by jurisprudence is just and justified for the society. The guiltless victims do non acquire any opportunity do offense, so why should we give the opportunity to the felon with imprisonment.

Arguments against Capital Punishment

Some people think that ground of the decease punishment is to direct a right message to the society. Such rough penalty means that no serious offense will be tolerated and the responsible must be punished for his or her act.

Denial of basic right:

Death punishment violates human right – the right to life. Human being life has a indispensable value. The sanctity of human life is denied by the capital penalty. Life is invaluable.

The possibility of mistake:

Capital penalty is decided by the gathered groundss against the person. Sometimes those collected information and probe might be incorrect or manipulated. So in instance of imprisonment, after happening mistake in judgment person may be released and compensated for the unfairness. However, in instance of capital penalty justice can make nil without experiencing guilty for taking guiltless life.

Lack of Disincentive:

The end of capital penalty is to discourage serious condemnable activities from the society. However, harmonizing to the available information, the capital penalty has non been effectual in commanding the slaying rate. For illustration, harmonizing to the Bangladesh Police website, there were 3592 slayings during 2005 and 4219 slayings in 2009.[ 25 ]

Racist Factor:

Death punishment is a cruel and unusual penalty for human being. Most of the people in all over the universe think that decease punishment is a manner of minimising the figure of minorities in a peculiar state.

Killing is Expensive:

Keeping one individual in the prison for full life is less expensive comparison to give decease punishment. Long and complex procedure of decease punishment instances is the biggest drawbacks of capital penalty.

Justifying fortunes

There is possibility for persons to endure from emotional injury, force, destructive societal environment to perpetrate such awful offenses. So it is unethical to fault merely them for their activities.

Recommendation

Observe bing jurisprudence with a position towards decreasing the range of offenses that attract the decease sentence to merely those with deathly effects.

All compulsory decease sentences should be revoked as unconstitutionally commanding the judgement and freedom of the bench, as required under international criterions.

Other inmates may under no state of affairs be entrusted to transport out a capital penalty, a pattern that is non in conventionality with the domestic legal construction and constitutes an inhuman and degrading intervention for concerned captives.

Make public information about the decease punishment and executings to allow an informed public argument on the capital penalty.

Assign a commission of high degree legal experts to inform on the intent and state of affairss of execution of the capital penalty in the state.

Decision

Death punishment is as fundamentally incorrect as a remedy for offense as charity is incorrect as a remedy of poorness. Bangladesh ‘s fundamental law ‘s Article 35 prohibits “ anguish, cruel, degrading or cold penalty or intervention ” .[ 26 ]There can barely be any argue that the capital penalty does non amount to barbarous penalty, which is banned in the state ‘s supreme jurisprudence. In fact, such barbarous penalty comprises a misdemeanor of the Constitution by deflation the natural self-respect of human existences. The world refering the condemnable justness system must be understood to measure how risky the usage of the capital penalty can be in Bangladesh. Essential policies or stairss should be taken to cut down the reappearance of offenses that are soon penalized by the decease sentence in the topographic point of go oning with this unsuccessful bar.

Bangladesh should obey to national and international statement for human rights. And Bangladesh authorities should extinguish the decease sentence system instantly, if they believe on human rights.