MATS Law School
SUBMITTED TO SUBMITTED BYMR. SACHIN SHARMA Abeer Mansingh Mahapatra (Asst. Prof.) II Sem.
We, hereby, want you to know that we thank our college MATS LAW SCHOOL for providing us with intellectual and co-operative faculty for Legal method (Mr. sachin sharma) who allotted us the project topic: DEATH PENALTY and gave us the opportunity to research on the topic and gain knowledge and command over it.we would also like to thank our Director sir Dr. G.P. Tripathi for providing very informative, full of knowledge and great variety of books in the college library, at the same time we would like to thank the librarian Mr. Anil Dewangan to allow us to the refer the books and spend ample of time in the library. DEATH PENALTY on which proved to be a boon for us and our project helped us a lot in understanding the basics of the topic.Next, we convey our sincere thanks and gratitude to my friends and family for rendering constructive and valuable suggestions and comments that have helped a lot in improving the quality and content of the project and also helped us for completing the project in limited time frame.
Thank YouAbeer Mansingh Mahapatra II SEM
We are here to present project work entitled Capital Punishment submitted to the MATS University is the original work done by us under the guidance of Mr. Sachin Sharma, MATS Law School, Gullu, Arang, and this project has not performed the basis for the award of any Degree or diploma and similar project if any. Its for our personal interest and knowledge.
Importance of death penalty6-9
Right to life12-13
Death penalty: moral or immoral14-19
In favour of death penalty19-23
Table of contents
Death penaltyIndian penal code provide for death penalty on the conviction of the accused for the offence of murder and for a few offence which impinge upon the sovereignty of the state. The death penalty is executed in the form of hanging the accused through gallows in India. The execution of death penalty may be by electric chair, injecting lethal drugs, firing squad or gas chamber. Still early the death of the culprit was about by what was the known as gallstone by axe. What is now prevalent in India is hanging which is found to be pain less and quick.The arguments against death penalty are that it is no punishment beca4use it puts an end to life and the punishment is irretrievable. It is describe as inhuman because of death offence the natural right of the humans to live and survive the argument that it might serve as a deterrent does not hold good for the one who suffers is not the same who is likely to face it further, The suffering the condemned person under goes in anticipation of death is too heart rending. That is why , the united nation general assembly by it resolution no.31-1961, dated 8 dec. 1977 recommended abolished death penalty execution of death penalty was carried out in 25 countries only during 2007 . In India, even through the death penalty was not abolished the court are directed to impose death penalty in rarest of rare cases only in cases where cruelty on the part of the convict is prove to be too graved . The courts are directed to state reasons as to why the death penalty is the only penalty that could be awarded.
The Value of death penaltyPutting people to death who have committed certain heinous acts of crime is a practice of ancient standing, but, in the United States, in the latter half of the Twentieth Century and into the Twenty-first Century, it has become a very controversial issue. Changing views on this difficult issue led the Supreme Court to abolish capital punishment in 1972 but later to uphold it in 1977, with certain conditions. Indeed, getting back capital punishment is the will of the people, according to Ernest Van Den Haag in "The Death Penalty: Opposing Viewpoints," over 70 percent of the American populous support the death penalty in one form or another. As Van Den Haag triumphantly declared: "Show no mercy to the merciless." Yet many other voices have risen against it. Heated public debate centers on questions of public safety, sentencing equity, and the execution of innocents, among others issues. After reviewing the arguments of those opposed to capital punishment, it only strengthens my position that capital punishment must be implemented against those convicted of immoral and counter-productive acts against society.
First and foremost, the morality issue behind capital punishment is often in question. Many believers wonder what God would want. Taking a quick peruse through scriptures, one cannot help but note the following primary examples of why the death penalty must be implemented in certain cases of senseless violence.
Hand-in-hand with the scriptural morality is the benefits and values of capital punishment on our youths education. If youngsters are told from a young age that, if they commit any crime, they will be punished by death, the crime ratio will heavily decrease.
Another consideration is that killing a convicted criminal immediately will protect society greater in the future, while still costing society the life of the convicted. In 1985, a study was published by economist Stephen K. Layson at the University of North Carolina that showed that every execution of a murderer deters, on average, 18 murders. The study also showed that raising the number of death sentences by one percent would prevent 105 murders. However, only 38 percent of all murder cases result in a death sentence, and of those, only one percent are actually executed. Economics and ecology Professor Isaac Ehrlich found similar results in a comprehensive statistical analysis he recently completed. During the temporary suspension on capital punishment from 1972-1976, researcher gathered murder statistics across the country. Researcher Karl Spence of Texas A&M University came up with these statistics; in 1960, there were 56 executions in the United States, and 9,140 murders. By 1964, when there were only 15 executions, the number of murders had risen to 9,250. In 1969, there were no executions and 14,590 murders, and 1975, after six more years without executions, 20,510 murders occurred. So the number of murders grew as the number of execution shrank Spence said:
"While some [death penalty] abolitionists try to face down the results of their disastrous experiment and still argue to the contrary, the concludes that a substantial deterrent effect has been observed... In six months, more Americans are murdered than have killed by execution in this entire centur. Until we begin to fight crime in earnest [by using the death penalty], every person will come to the same conclusion I have. A valid conclusion is that life imprisonment, contrary to popular thought, is easily swayed to parole. In fact, according to "The Death Penalty: Opposing Viewpoints," the "average time served on life sentence is six years." In all honesty, why should someone convicted by a jury of brutally murdering an innocent human being be allowed the opportunity to escape from prison? Why should that same individual, if not able to escape, be allowed parole in such a short period of time? The answer; the criminal should not be allowed either of the above opportunities. Furthermore, to refute those arguing for life imprisonment, who maintain that imprisonment makes criminals suffer more, I bring forth the following points: (1) life imprisonment may have improved conditions (e.g. free food, free shelter, free cable television) for the individuals and (2) prison facilities give the criminal too much freedom (e.g. weight room, cable television). Is the prison facility really supposed to be a spa and resort, or is it supposed to be a housing plant for vicious animals that kill our children?
And, of course, the death penalty stops dangerous criminals, and protects future generations, by (1) stopping the repetition of violent criminal acts, and (2) stopping criminals from handing down their criminal genes to the next generation.It is the only punishment that leaves no room for mistakes. Human beings are fallible; systems set up and run by human beings are bound to get it wrong some of the time. The death penalty system buries its worst mistakes.The death penalty doesn't deter people who would commit murder. They don't expect to be caught and don't think about what could happen if they were caught.
Because so much is at stake, the legal process of the death penalty costs a huge amount, much more than life in prison. Especially now, when states are running out of money, its a good time to ask whether the death penalty is worth keeping.We have at least one good alternative. Life without parole, on the books in 49 states (all except Alaska), also prevents reoffending. It means what it says, and spending 23 of 24 hours a day locked in a tiny cell is no picnic. Two advantages: -an innocent person serving life can be released from prison -life without parole costs less than the death penalty
Last of all, the United States and Japan are the only developed democracies that still have the death penalty. It puts us in the same company as China, Iran, Sudan, Pakistan, Saudi Arabia. Kant explained why California's vote on Pr