The death penalty: Justice denied to individuals wrongly convicted of crime.
There is a great divide between countries of the world in
relation to death sentence as punishment for certain forms of serious crimes. Death penalty or capital punishment has been
abolished in all the developed countries except in the United States of America
and Japan. However, it is still very
much enshrined in law in most of the developing countries including China and
India. There is support both for and
against the death penalty as a form of punishment for crime which could have an unintended consequence for people
wrongly convicted of crime.
Death sentence can serve as deterrence for future
crimes. The assumption is that human
beings have good reasoning ability (rationale) that allows them to calculate
the cost and benefits of their potential action. If they determine that the cost of engaging
in a particular criminal activity surpasses the likely benefit from engaging in
that activity, they are less likely to engage in the criminality. However, evidence has shown that most of the
violent offenders for whom the death penalty is meant to deter tend to commit
criminality under the influence of drugs or alcohol. They are less concerned therefore about the
consequence of their intending behaviour including capital punishment.
Aside from the fact that it cannot serve as a good
deterrence for crime, death penalty may also have unintended consequences for
innocent people. There have been
instances where new evidence shows that a person who was previously convicted
for a crime is not guilty of the crime. This
victim can regain his or her freedom if he or she is still in prison. If the victim is already out of prison, he or
she can claim compensation for the miscarriage of justice from the jailers. However, the victim cannot have recourse to
any of these if he or she was executed following the conviction.
Clearly there should be other forms of sanctions such as
longer prison terms or deprivation of some amount of liberty for violent criminals whilst in prison
which could serve as a better form of sanction for criminality than death
penalty.
Comments
Post a Comment