10

DEATH PENALTY

Embed Size (px)

Citation preview

Page 1: DEATH PENALTY
Page 2: DEATH PENALTY

1. Excessive fines shall not imposed, nor cruel, degrading, or inhuman punishment inflected, Neither shall death penalty be imposed , unless, for compelling reasons involving heinous crime the congress hereafter povides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.

2. The employment physical, psychological, or degrading punishment against any prisoner or detainee or use of sub-standard or inadequete penal facilities under subhuman condition shall be dealt with by the law.

What are Penalties cannot be imposed in Criminal Case1. Excessives fines2. Where the penalty is inhuman and barbarous and shocking t the consinence, e.g., The garrote, he hack and burning at the stake.3. Imprisonment for non-payment of debt or poll tax4. Involuntary servitude except in punishment of crime

Page 3: DEATH PENALTY

WHAT ARE THE CONSTITUTIONNAL GUARANTEES AGAINTS EXCESSIVE FINES, CRUEL,DEGRADING AND INHUMAN PUNISHMENT1. Fines may be considered excessive when under any circumtance it is disproportionate to the offense.2. The penalty must be flagrantly and plainly oppressive, wholly disproportionate to the nature of the offense as to shock the moral sense of the community.3. Torture is a cruel punishment because it involves a deliber ate design to increase of the prisoner.

Punishment are said to be cruel and/or inhuman when they involve torture or lingering death, such burning alive , mutilation, starvation, drowning and other barbarous punishment

IMPOSITION OF DEATH PENALTY SECTION 19 explicitly abolished death penalty. The law says, “death penalty shall not be imposed unless, for compelling reason involving heinous crimes, the congress hereafter provides for it”. Pursuant to this constitutionnal mandate, the Congress enacted R.A 7659, otherwise known as the Death Penalty Law, defining heinous crime where death penalty may beimposed

Page 4: DEATH PENALTY

death penalty methods

Page 5: DEATH PENALTY
Page 6: DEATH PENALTY

death penalty around the world• Hanging • Fire Squad

Page 7: DEATH PENALTY

• Beheading • Lethal injection

Page 8: DEATH PENALTY

• Stoning • Gas Chamber / Electrocution

Page 9: DEATH PENALTY

1. ARGUMENTS AGAINST DEATH PENALTY LAW A. Its is cruel, and inhuman B. It has never been shown to be an effective deterrent against the profileration of criminality C. It deprives the convict of a chance of rehabilitation and reformation. the idea of the cassical school of thought D. There may always be possibility of error in condemning a person to death. E. The stae has no right to deprive a person of his life; God is the giver of life and only he can take it.

2. ARGUMENTS IN FAVOR OF DEATH PENALTY A. It is not cruel and inhuman because the manner by which it is executed (lethal injection) does not involve physical or metal pain or unnecessary physical o mental suffering, and it is imposed only for heinous crimes. B. It does discourage others from commiting heinous crimes

Page 10: DEATH PENALTY

C. A convict by his own acts has forfeited his right to life ad shown his moral incapability to be rehabiliated and reformed. D. It is impositon filled with numerous legal safeguard E. The State has the absolute right to take the life of a person who has proved himself a great menace to society by way of self -defense and as an example and warning to others.