The ‘theoretical' fear that an innocent life could be snuffed out by an irreversible penalty like death has received chilling confirmation in a recent Columbia University law school study that found the American State of Texas wrongfully executed a man in 1989. This is a particularly ominous finding for democratic countries where the right to life has been enshrined as a fundamental right. The Columbia study claims that Carlos Deluna was not guilty of the crime for which he was put to death. The defence team's plea to the prosecution that the real offender was another man who bore close physical resemblance to the accused went unheeded. The study also points to glaring discrepancies in gathering evidence, the examination of witnesses and in the application of forensic procedures. The fresh evidence in this Texas execution is sure to further the debate on the efficacy of capital punishment in the U.S., where 17 States have already abolished this anachronistic provision from their laws. Connecticut, which enacted its abolition legislation in April, is the fifth in as many years to have repealed the death penalty and others have halted executions in a country-wide trend of declining support. The problem should be viewed in the broader context of the deficiencies in the criminal justice administration: A recent study supported by the University of Michigan and Northwestern University has reported a large number of false convictions for serious crimes over the past two decades in the U.S. As with the death penalty, the majority of wrongful convictions and prolonged jail sentences thereafter were of African-Americans and Hispanic-Americans, the study said.
Whereas Russia has established a moratorium on executions, happily, slow reform of this barbaric penalty is under way in the People's Republic of China. In India, which last resorted to hanging in 2004, the legitimacy of death sentences has come under increasing public scrutiny. The emotional trauma and prolonged uncertainty faced by the large numbers on death row have, if anything, amplified the deep scepticism in the highest circles of government and the administration on the wisdom behind persisting with this age-old relic of criminal jurisprudence. This was most vividly on display in the halted hanging of Balwant Singh Rajoana, in connection with the 1995 assassination of the former Chief Minister of Punjab, Beant Singh. Any realistic prospects for doing away with the death penalty in India hinge on the establishment of a moratorium on hangings forthwith and exposing its irrational and arbitrary nature.
Keywords: death penalty, capital punishment
Sheri, you had told me sometime ago about a hangman who quit his job after having heard the convict soliloquising, "I, of all, for someone else' crime!....", as he stood by the gallows. No essay can reveal anything more than this to establish the flaws of this punishment.
Agreed capital punishment should be avoided - for different reasons than human right to life! For it ends the life of accused - no need to suffer at all for crime committed ! Best way to teach such folks a lesson is to jail them for life with MINIMUM facilities - small quantum of food, make them work hard depending on age and ability - sweep floor, cut plants, wash clothes etc etc NO rest to be given except for SLEEP limited hours - DENY all LUXURIES - no TV or paper etc; Let them live in semi isolation and learn they made serious mistake, think over and learn a lesson - that will send right message to would be offenders and help the law ! Why show mercy to one who had NO qualms in committing murder or similar offense ! Agree??
Capital punishment can be looked upon as the most radical infringement
on the fundamental right to life of a citizen. The main function of
judiciary is adjudication. The apex court and other courts, which come
under judiciary, study and assess different cases and propose
veracious verdict to ensure law and order in society. But no court has
the right to take away the life of any perpetrator through capital
punishment. In the U.S. many a case has been reported in which the
culprit is put to death and years later the reality behind the
incident unfolds in which the so-called punished wrongdoer turns out
to be innocent. This account gives us an unblemished idea of the
inefficiency of judiciary in the U.S. and the less-scrutinized way of
making germane court verdict. It is high time that all nations
establish a moratorium on death penalty. No government body has the
right to hang the culprit to death, which otherwise turns out to be a
grave violation of the constitutional right to live. A person who has
executed a serious crime like a rape or murder should be exposed to
life imprisonment. The way of retaliation or punishment for a murder
should not be another murder. Technically speaking, the life
imprisonment period in India spreads out only for a few years. This
practice has to be changed so that the punishment awarded gives no
scope for the malefactor to elude the gravity of his deed. But before
the proposal of the verdict, the court has to make sure that the
accused is the actual transgressor. All the available evidences should
be well examined by the court so that no innocent head is butchered
anymore.
Many are wrongly imprisoned; will you advocate doing away with any jail sentences? Terroists plan, plot and kill. Such elements should be done away with. A group of pickpockets in a bus create a havoc and terroise bus passengers. Who has the right to live in this world? innocent citizens or criminals? Already we are a soft nation on terroist and criminals in the name of secularism, politics. I strongly advocate retention of capital punishment more vigorously.
I join those who are against capital punishment and pray that it is abolished all
over the world. For those who believe that the doctrine of karma plays a part in our
lives and that one carries the burden of one’s misdeeds in this life to the next,
there ought to be a scope for redemption for one’s negative actions, in this life.
The insidious actions perpetuated by criminals/individuals may occur due to
genetic, environmental or other factors. However, underlying these factors is
karma that may influence the path or extent taken. By sending a criminal to the
gallows one prevents that ‘criminal’ the rectitude for one’s karmic action(s). Thus
the consequences of capital punishment may leave the soul/atma with an
overbearing burden to overcome in one’s next life and hence criminality may raise
its ugly head again, in the after life. Life is divine and must be protected and all
humans have the inherent ability to reform.
Capital punishment can be looked upon as the most radical infringement
on the fundamental right to life of a citizen. The main function of
judiciary is adjudication. The apex court and other courts, which come
under judiciary, study and assess different cases and propose
veracious verdict to ensure law and order in society. But no court has
the right to take away the life of any perpetrator through capital
punishment. In the U.S. many a case has been reported in which the
culprit is put to death and years later the reality behind the
incident unfolds in which the so-called punished wrongdoer turns out
to be innocent. This account gives us an unblemished idea of the
inefficiency of judiciary in the U.S. and the less-scrutinized way of
making germane court verdict. It is high time that all nations
establish a moratorium on death penalty. No government body has the
right to hang the culprit to death, which otherwise turns out to be a
grave violation of the constitutional right to live. A person who has
executed a serious crime like a rape or murder should be exposed to
life imprisonment. The way of retaliation or punishment for a murder
should not be another murder. Technically speaking, the life
imprisonment period in India spreads out only for a few years. This
practice has to be changed so that the punishment awarded gives no
scope for the malefactor to elude the gravity of his deed. But before
the proposal of the verdict, the court has to make sure that the
accused is the actual transgressor. All the available evidences should
be well examined by the court so that no innocent head is butchered
anymore.
So many sarcastic gentlemen seem to relish shouting in favor of the
dealth penalty. It's disgusting to hear the argument of free feeding on
tax payers money. Can these folks please suggest why are there so many
gruesome murders and rapes after 64 years of independence? Has the death
penalty dissuaded any of the criminals?
Completely abolishing death penalty is not right, though it should
be exercised in those cases only where very existence of convicted
poses an unending threat. For example, if terrorists like Kasab are
allowed to live, there can be more plane hijacks or attacks to get
them released. So it's better to kill them after due process of
law.
Capital punishment is correct and needs to implemented with more vigor.When a convict walks over his prized victims corpse without any remorse for his act of in humaneness,he deserves no better treatment other than death.One has a right to life only if he knows to let others live,not otherwise no matter what be the rational.
Your editorial lacks understanding of the subtle difference between right to live and right way to live.It only covertly encourages more human life's to be lost in the pretext of high ground human rights.
Inability to determine the criminal behind the act is the handicap of the Indian justice system(includes lawyers, police, intelligence, etc).
Life is divine and no one has the right to take it away..?
Think again.. putting rapists, pedophiles, murderers, etc under the same umbrella as a common criminal and allowing them a second chance to either repeat the crime or set his life straight, is this the justice served to victim ?
Most of us label capital punishment as barbaric. We talk about right to life as a fundamental right. What about the heinous act he committed against a fellow human being. A right ceases to be a right the second it causes slightest discomfort to another human being. That’s why there are responsibilities along with rights.
We confuse the abolition of capital punishment as a mean to never kill an innocent man. An accused rapist, who violated a 12 year girl, has been found guilty. The proof is undeniable. Should he be put down ? I strongly believe yes.
Death punishment is barbaric, having said that there is a question to be answered should the person who is a threat to humanity have the right to live?
Osama bin laden who was responsible for death of thousands of innocents had the right to live? If allowed he would for sure once again had hampered humanity.
The title does not apply in context to indian judiciary system because here it is pretty much ensured that subject is completely guilty..
If we are feeding parasites like kasab in jail then dont you think we are again inviting the kandahar situation?
Thanks for highlighting wrongful confinement and death penalty in general. There is a saying in Tamil which says that 1000 wrong doers may go unpunished but not even one innocent should be punished.
The research in question might have rightly or wrongly concluded that the investigation and sentance did not reach right concluded, let us not question that. I still do not see how spending one's life in a jail, essentially bereft of human liberties, is any less cruel, or more reversible than excuting a convict. Indeed, life is a one way street and thus all incarcerations are irreversible not only capital punishment.
Jails and death rows are imperfections in our oscial fabric where Justice is most of the times based on social contract of the times, not always based on universal moral foundations.Thus,the sickness we feel when such cases come up needs a much deeper remedy.
We need to ask ourself what we stand for, do we want our Kasab,Osama, Saddam Hussain, Hitler, or Christ or Socretes alive or dead? Do we want some dead so that others stay alive? Is it not about self preservation finally?
The research highlights need to improve investigation rather than nature of punishment.
Extending this logic, should not we use only disabling ammunition for the Army, and not the killing type? The very trauma of impending death is the deterrent against heinous crimes. I agree that a wrong person, if hanged, is a red mark on the society. But think about an incorrigible killer and if he is released.
But what about the grievous crimes did by criminals. Death penalty acts as a great deterrent. One person killing the CM of a state has no right to live.
Any justice system that is based on the premise of retribution or an eye for an eye principle is no justice at all. When, the uncanny acumen and brilliance of an attorney can perfect influence on the decision of guilt by a court or jury, it is appalling that death penalty will be directed on the innocent and scape goats. And there is no evidence or reason to think that capital punishment can bring about reduction in gory crimes. Stop this macabre form of justice that is no justice.
In principle, I agree that the death penalty should be abolished. There are two issues of principle which the society has to debate and then take a decision to abolish death penalty. First, issue is tenure of jail sentence for those who have been convicted of such sentence. Should the convicts be jailed till their natural death? Second issue is related to burden of expenditure of keeping alive those convicted for heinous crimes and whether the society has a right to recover such expenditure and how this should be done.
Trauma is really very barbaric not only for the accuse of crime,which he never attempted but also for the family. but in some cases the law should reform the provisions such as in the case of Ajmal amir kasab,Afsal guru etc. these criminals even after there conviction making a mockery of not only the law but also of 1.2 billion Indians.
It is quite an irony that while we need agni-5 as a means of deterrence, we want to get rid of the punishment that can act as an effective deterrence against crimes against humanity, if implemented impartially. The principal of deterrence is the use of punishment as a threat to deter people from offending. We, in India find State and Non-state actors creating havoc and are let free, this has to be stopped. As far as personal and emotional trauma is concerned, we must make effective measures to have early judgement, without any delay, also no hearing of clemency should be heard, no matter what so ever may be the case. Incidents like Assassination of Prime Minister, Attack on Parliament are attack on nation’s sovereignty and integrity, for which no other than capital punishment is required. One being a supporter of Gandhian philosophy is good, but can we fight this nomadic tribes of terrorists without having a strong deterrence mechanism.
Death sentence is awarded to a criminal who in the eyes of laws renders some crimes which are outlandish and inhumane. Well somebody who does inhumane crimes must be punished. But isn't it more inhumane to first tie all the legs and hands of a human(criminals too also human)by the legal ropes and then send him to hell either by hanging or by shooting? I don't remember the name of the author who said,"death sentences is like cutting short the life wave when it is in full swing". May be the culprits cut short many many lives to get the capital punishment but won't we be also wearing the same shoes as the criminals if we are to kill them. Life is divine and nobody can offer it to anybody and the criminals don't understand this and they resort to all sorts of brutality. But do the so mainstream civilized population also don't understand this simple fact? We must do away with capital punishment there are other ways to teach somebody better lessons.
The article which is published in the Hindu about the hanging of a wrong person in US is an eye opener. The investigation which is done by the agencies was misleading the fact. In the whole trial the person was telling that I was present at the incident but the agencies carried out the investigation vary casually and a innocent person was hanged for others' crime. I think the real culprits should be hanged with immediate order, like we are investing crores of rupees on Kasab and Afsal Guru on protecting them and giving them a security. Whereas they attack on India. One catch red handed on attack of Mumbai and other one in Parliament attack. If want to give a strong massage to the terrorist. we have to hang them and should make our stand clear that India is not weak on the terrorist. When these politician will leave the vote bank and think about the country. The day India will shine in true sense.
The Hindu editorial entitled "Unpardonable sin" quiet rightly points out to research indicating several false convictions leading to wrongful hangings. If there were many more such studies the world over, including India the statistics would be quiet frightening – whether such errors of judgment were accidental or intentional. Such horrendous occurrences are a sad testament to the fact that the ‘justice’ system is prone to commit catastrophic blunders, as sending an innocent person to the gallows. Clearly, the death penalty is a primitive and barbaric punishment and there can be no justification for its continuance in any part of the world.
The Hindu editorial entitled "Unpardonable sin" quiet rightly points out to research indicating several false convictions leading to wrongful hangings. If there were many more such studies the world over, including India the statistics would be quiet frightening – whether such errors of judgment were accidental or intentional. Such horrendous occurrences are a sad testament to the fact that the ‘justice’ system is prone to commit catastrophic blunders, as sending an innocent person to the gallows. Clearly, the death penalty is a primitive and barbaric punishment and there can be no justification for its continuance in any part of the world.
This subject of Death Penalty was chewed by the intellectuals in Maharashtra during 1978-79 and they almost succeeded in convincing Government to abolish death penalty. Then, well known members of Joshi - Abhyankar families were brutally murdered in Pune. Suddenly these intellectuals lost their voice. Death penalty is , fortunately, still applicable in Maharashtra. It will be interesting to know if any one of the persons who are against death penalty will keep Ajmal Kasab in their house for ever and feed him free Biryani!
Keeping Kasab in jail for his life at taxpayers money because some people have funny ideas is cruel joke on Indians who lost life and those who were dependent on them.
With much debate going on the capital punishment, the idea of abolishing
it is something to welcome at. Comparing us to most liberal countries
like Argentine would not be good, as we have a flurry of culture,
religion,tradition and languages which colours India, and being so
liberal in this environment could be treacherous at times.
Congratulations to the "Hindu' for bringing out a thoughtful editorial on the need
to abolish capital punishment which is no doubt barbaric in character, Though it
is sanctified by law, it is against all moral and ethical norms. Apart from this the
emotional trauma which a condemned prisoner has to undergo till the final day of
execution is beyond ones comprehension. It is pathetic that such a person
though living physically dies every moment of his life uncertain about the date of
his execution. It is high time Government declares a moratorium on all hangings
and take immediate steps to bring an end to this age-old anachronism,
this ageold anachronism
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