DEATH PENALTY- A LEGAL AND MORAL ISSUE

AUTHOR: ASTHA KIRAN, CHRIST ACADEMY INSTITUTE OF LAW 

The punishment death penalty remains one of the most disputed and controversial matters in moral and legal philosophy. This paper deals with the both legal and moral aspects of the death penalty,  by exploring its historical background, present day application, and the ethical discussion which is influencing the ongoing debate. Overall, this paper deals with the errors which occur in serving justice, integrity, and how the law works in the background of death punishment.

Constitution of India , Criminal or penal Code, Criminal Procedure Code.

In the aspect of legal matters, the death penalty deals with the issue of law and equity—how the society thinks and Implements sanctions, the rightfulness of its application, and whether it works as a crime prevention tool. In the aspect of morality, it confronts the fundamental beliefs regarding human rights, the dignity of life, and the moral limits of governmental control.

Before going into the deep let’s talk about the Death Punishment :

Death penalty can be defined as a punishment given to an individual which is backed by the sanction given by the state for a crime. It is enforced in the cases related to any serious criminal offenses or any heinous crimes. 

Circumstances under which death penalty can be imposed on an individual:

• Murder or killing: Mostly in the cases related to severe and pre planned murder, or when there is any severe aggravating circumstances.

• Terrorist violence: In few of the countries, individuals who are sentenced for engaging in any acts of terrorism which result in a wide range of danger or jeopardize national security may face the consequences of the death penalty.

• Espionage activities: In the matter of undercover operation or providing aid to the rival forces in the wartime, capital punishment might be enforced.

• Trafficking of drugs: Some countries which strictly follow anti-drug laws may enforce the death penalty for wide-range trafficking of drugs.

1. In “The Death Penalty: A Very Wide Perspective of”, Hugo Bedau (2004) had a different view which says that many of the findings had drawbacks in showing that the death punishment discourages murder or killing in a more effective way than imprisonment for life. 

2. Findings of “Race and the Death Penalty” (Radelet & Pierce, 1991) explored that biases on the basis of race and socioeconomic status may change who is punished for the death penalty. 

3. One of the projects named as “Innocence Project” (2017) has recorded many cases where all people on capital punishment row were acquitted later, triggering calls for change to prohibit faulty executions.

4. In the book of “Punishment and Responsibility”, H.L.A. Hart (1968)  highlights the punitive justification for the punishment, recommending that the  graveness of the death punishment should be fairly in line with the commission of the crime.

The objectives of my paper are as follows:

1. To evaluate the effectiveness of capital punishment as a discouragement to crime.

2. To examine the moral arguments which are for and against the death punishment. 

3. To investigate the danger of unwanted conviction of the people. 

The significance of the topic death punishment a legal and moral issue is of several reasons such as- 

1. The study can help to determine the question relating to whether the state should have the power to take someone’s life or not in the name of justice.

2. The study will also delve into the matter relating to the fairness and equality in the legal system.

3. This study will also look into the matter related to the risk of unlawful and unwanted conviction.

While researching on my paper titled – DEATH PENALTY- A  LEGAL AND MORAL ISSUE

there have been several research problems like- 

1.One of the problems I found in this paper is the divergence of view on whether the death penalty  discourages or prevents crime in an effective manner, particularly violent crimes.

2.Another problem I found is the evolution in the views of the society  on just and equity and the punishment.

3.One more research problem I got regarding the dispute or issue between the punitive justice and the dignity of human life increased the important ethical issues.

“The applicability of the death punishment is a type of punishment which is both a legally debatable and ethically controversial matter, along with certain differences in its explanation based on the factors such as legal, cultural and moral aspects.” 

My paper uses a qualitative and an analytical method to examine the factors and the controversies which has made this study a debatable topic. The data has been collected through various journals, articles, and case studies. 

The death punishment always remains a very deep disruptive matter. In legal terms, it disturbs the balance between justice and equity, honesty and fairness, and the rights of the human. In an ethical manner, it forces the Communities to face tough issues relating to penalty, equity, and the importance of the life of the human.

• As of last year 2023, 124 countries have dismissed capital punishment under the law, making up to 2/3rd  of the nations of the world. This highlights a wide range of shifts towards the rights of the human and a broadening legal support.

• Some notable countries have recently dismissed capital punishment including Kazakhstan (2021) and Bhutan (2004). On the contrary, Saudi Arabia, China, Iran, Egypt, and Iraq are the most active death penalty users.

• As per the study done in 2008 by the General Accounting Office of US, there was a biasness on the basis of race in the enforcement of the capital punishment with the black offenders and they were more likely to be enforced to capital punishment especially if the victim is white or fair.

• In the case of Gregg v. Georgia (1976) – U.S. Supreme Court, the Apex Court validated the legality of capital punishment, stating that it was not naturally unusual or cruel in nature. 

In the moral implications, This case highlighted the moral and ethical issues in regards to whether the government should be authorized with the power to take someone’s life, especially being a racial or being biased in terms of one's economic condition while sentencing.

• In the case of Furman v. Georgia (1972) –U.S. Supreme Court, The Apex court held that the capital punishment, in its present manner, was unlawful or unconstitutional as it was imposed in an unfair and biased manner. 

In the Moral Implications, This case gave rise to profound ethical issues in regards to socioeconomic and racial biases in the applicability of death penalty, along with the concerns about honesty or fairness and unpredictability while imposing sentences.

• In the case of Roper v. Simmons (2005) – U.S. Supreme Court, The Apex court ruled that sentencing the minor is unlawful as the decision was based on the idea that the minor lacks maturity at the adult level.

In the moral implications, the moral question raised concerning the capacity of growth in minors.

In conclusion, the death penalty or capital punishment highlighted profound legal and ethical concerns that need a fine line between justice or equity, deterrence or discouragement, and the rights of the human. While it might look appropriately perfect in few legal systems or practices, it still remains a controversial matter because of its moral implications and the possibility of fatal errors.

1. - Bedau, H. A. (2004). The Death Penalty: A Worldwide Perspective. Oxford University Press.

2. - Ehrlich, I. (1975). The Deterrent Effect of Capital Punishment: A Question of Life and Death. American Economic Review.

3. - Radelet, M. L., & Pierce, G. L. (1991). Race and Death Sentences in the United States. American Sociological Review.

4. - Schabas, W. A. (2009). The Abolition of the Death Penalty in International Law. Cambridge University Press.

5. - Camus, A. (1957). Reflections on the Guillotine. Gallimard.

6. - Nellis, A. (2017). Public Opinion and the Death Penalty. Death Penalty Information Center.