Capital Punishment: Law vs Morality | Teen Ink

Capital Punishment: Law vs Morality

January 16, 2016
By YumnaAzeez GOLD, Colombo, Other
YumnaAzeez GOLD, Colombo, Other
10 articles 0 photos 0 comments

Favorite Quote:
Medicine is my lawful wife and literature my mistress; when I get tired of one, I spend the night with the other.






- Anton Chekhov -


Capital punishment means punishment by death for serious crimes, may it be against an individual, a group of individuals or an economic and political state. Such crimes that can result in the death penalty are referred to as capital crimes or capital offences. Those who are charged with the death penalty serve a death sentence. Capital punishment has been carried out through the ages as the penalty for various crimes in different areas. Most notable are of those who were accused of practicing witchcraft or any kind of sorcery were burned at the stake in Germany during the 16th, 17th, and 18th centuries. Western outlaws in Texas, America were hanged by the neck until pronounced dead. Furthermore those who were charged with treason were beheaded in France by the guillotine. Likewise throughout history notorious criminals, religious and political dissidents have been put to pay the price for what the state called serious offences during those respective eras.
                                       

Currently, in modern day society a heated controversy lingers in many countries and states regarding capital punishment. According to statistics 86 countries have abolished the death penalty completely for all crimes. 11 countries have abolished it for ordinary crimes and only use it as punishment for exceptional crimes such as war crimes and treason while 25 countries keep the death penalty in law but not in practice for the past ten years or more. 74 other countries officially are known to have the death penalty but fewer than 30 of these use it. These figures convey a constant debate that overtakes the decisions of political and religious leaders when trying take necessary action concerning capital offences. Some of the countries that carry out the death penalty are Saudi Arabia, Iran, Pakistan, China and Sudan etc. In recent time these crimes include drug trafficking, rape, murder, threats to national security and economic crimes etc. These countries tend to use the least painful and quickest methods of execution such as hanging in Iran, beheading in Saudi Arabia, shooting in China and lethal injection and the electric chair in the USA. Some, however may argue such methods are more painful than anticipated.
                                            

As many express a different attitudes towards the death penalty and this grows in to a never ending debate many people pour various theories and reasons for the suitability and unsuitability of this punishment. These are the numerous pros and cons on the subject of death penalty which that has been deeply scrutinized by abolitionist, political and religious leaders along with the general public. Is it a desire for retribution or rehabilitation? Is it a conflict between the code of law and morality?                                                  
                                                       

Those who support the reintroduction or the practice of the death penalty state clear reasons as to why it is necessary for such a law to be in action. First and foremost capital punishment is the ultimate warning system to those who engage in crime without fearing its consequences. It is the ultimate punishment that can be given by man and convicts will fear day after day, night after night the long hours of awaiting their death. The fear of this punishment is because of the loss of life. However, life imprisonment is not taken serious by lawbreakers as the life is spared. Serial killer Ted Bundy awaited nine years for his execution. During that time he exhausted every single legal point he could think of, to save himself from the executioners’ needle. It was obvious that he feared being put to death. He did his best to avert it. This means that he did not fear life in prison—at least not as much as he feared capital punishment. He had many opportunities to kill himself in his cell, but Ted Bundy did not. Capital punishment is a form of retribution and closure for the victims or victims’ family as the theory of justice demand “an eye for an eye and a tooth for a tooth”. A dangerous criminal is like a rotten apple among the good harvest. He is a virus to society and should be permanently cut out before severe harm can be done. As the saying goes, “You should cut a finger to save the hand”, it is the same principle that is needed to be administered when dealing with capital punishment. Another economically wise advantage is the reduction of the expense incurred in maintaining prisons and catering to a vast number of death row prison inmates. The governments can use such expenditures for the welfare of the people and the development of the society.
                                  

If the pros are directed correctly crime rates will fall subsequently and people will be less pressured to engage in illegal activities. The security of women and children especially will be increased as wrongdoers will be held accountable for. With the negative elements eliminated from society more people will eventually be steered to the path of a refined community. There will be no fear or insecurity as law and order is trying to be restored.
                                        

As much as there are many pros to the reintroduction of capital punishment there are also many cons that need to be taken into consideration. The strongest of all arguments is the basic “right to live”. The death penalty exploits that right and is a clear violation of basic human rights. Many international charters and the United Nations Human Rights has increase their efforts in abolishing the death penalty completely as no human has a right to infringe the right of life of any other individual, irrespective of his deeds. Many who oppose will use the possibility of wrongful executions as their trump card against such an inhumane, cruel and hypocritical act. The wrongful execution of the innocent and juvenile offenders arise doubts in many leaders minds concerning the death penalty. This loophole in law is out of human error I order to avoid actions leading to such irrevocable mistakes. Such instances were George Stinney, Colin Campbell Ross, Harry Gleeson and Timothy Evans along with many more. The death penalty can be unjustly practiced as many offenders believe that this punishment is bias and performed in a racial manner. This is because 48% of the inmates in federal death row are African American. Studies show that it is used more often on those who belong to lower strata of society from racial and ethnic minorities rather than those who come from well privileged backgrounds. Capital punishment will teach the condemned nothing as he will not be alive to repent for it. Some argue that it does not dissuade people and is an unnecessary threat. They believe that life in prison is equal to hell on Earth as guilt will eat away the convict’s mind he will truly repent until his death. This leads to psychological trauma and is considered as a form of torture itself. Last but not least, should not people be given the chance for rehabilitation and the sincere atonement for their crime? As perpetrators are human themselves they should be given another chance to improve himself. As justice is for all the primary aim of it is to preserve life and remove crime in society as a whole, not the criminal alone.
                                     

As stated before, abolitionists and activists are firmly against capital punishment in law and practice due to the above cons. However religious scholars have produced many interpretations regarding such an act.
Most Buddhist monks strongly oppose the prospect of the death penalty as it is violation of one of the basic principles and teaching of the Lord Buddha.


“No man has the right to destroy the life of another,
As life is precious to all”
However some branches of Buddhism approve the death penalty.


Christianity, Islam and Judaism allows the law of retaliation and neither do they promote nor oppose it but administers the death penalty only when necessary. While allowing for the death penalty in some hypothetical circumstances, scholars of Judaism are broadly opposed to the death penalty as practiced in the modern world.  In practice, it has been abolished by various Talmudic decisions. However forgiveness, love and compassion is encouraged and highly regarded in all three faiths.


The Bible states: “Whoever sheds mans’ blood,
                           By man his blood shall be shed” 
                                               Gospel 9:5-6


As stated in the Quran: Do not kill the soul which Allah has forbidden except for the requirements of justice; this He has enjoined you with that you may understand. 6:151


In Hinduism the death penalty is permitted as well as forbidden and only administered in dire circumstances. If capital punishment must be carried out then the ruler has the right and power to direct it accordingly. However Hindu saints believe in reforming people and oppose the act of taking ones’ life.
                                   

The general public, amidst the intense controversies have expressed a great deal of mixed opinions concerning the matter. Countries such as New Zealand, Norway and Australia oppose the death penalty. In a somewhat similar countries such as China, Sri Lanka, South Africa and India have shown support towards the reintroduction and practice of capital punishment. Especially in India and Sri Lanka when two young girls were brutally raped and murdered, their deaths sparked public outcry against law enforcements. The growth of the right wing politics has taken steps to use the capital punishment against such offenders.
                                        

In order to reintroduce or effectively practice the usage of the death penalty for the greater good of the country authorities should establish a just non corrupt legal system. Sri Lankas sectors of education and police have been recorded as to the highest institutes concerning bribery in recent years. The increasing rates of bribery may dash all hopes of a just legal framework. Judges, police officers, lawyers and prison guards are being controlled by the strings of a puppet attached to the handsome amount of bribes offered by the rich and powerful. The government and court of law should be aware to erase any possible doubt regarding the defendant’s innocence when handing out a verdict. Any form of doubt must be removed entirely and guilty verdicts must be given after complete convictions.
                         

In conclusion capital punishment must be enforced or the world will be at a stagnant position as crime rates soar. Many cases are still trying to be solved but no clear judgement has passed. This indicates lack of firmness and flimsy state of solving capital crimes as the true criminals may walk free. If criminals are forgiven time and time again, when do they pay the price and are held accountable for their deeds? Is it fair to watch criminals walk free or only slightly punished for their grave crimes while victims are left unavenged by state and society?


The author's comments:

Many people have a varied opinion regarding capital punishment. Like all things it does have its own share of good and bad. Conflicts between religion, law and ethical morality hinder the true purpose of the death penalty.


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