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The Death Penalty

The Death Penalty. Unit 21. Concerns:. Can a system , based on the rule of law , run the risk of killing an innocent person ? Is it acceptable to apply the death penalty when there is an alternative?

avram-french
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The Death Penalty

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  1. The Death Penalty Unit 21

  2. Concerns: Can a system, based on theruleoflaw, runtheriskofkillinganinnocentperson? Is it acceptable to applythedeathpenaltywhenthere is an alternative? Is it humane to keep a person on deathrow for years, notknowingifthenextrdaywillbe his/her last? Is it acceptable to execute a personwithamentaldisorder? Canthispunishmentbe applied to a person who was a minor at the time ofthecrime? Doesthedeathpenaltyserve a real purpose?

  3. Early Death Penalty Laws • The first established death penalty laws date as far back as the 18th Century BC in the Code of King Hammurabi of Babylon • It codified the death penalty for 25 different crimes

  4. The Code of Hamurabi • “If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then that builder shall be put to death. If it kills the son of the owner, then the son of that builder shall be put to death”

  5. Types of retributive punishment • Lex talionis = retribution; punishment in kind (“an eye for an eye”) • Lex salica = punishment through compensation (the principle of substitution)

  6. The Torah • Murder • Kidnapping • Magic • Violation of the Sabbath • Blasphemy • Sexual offences

  7. Qur’an • “If anyone kills a person – unless it be for murder or for spreading mischief in the land – it would be as if he killed all people. And if anyone saves a life, it would be as if he saved the life of all people”

  8. Moses Maimonides, 12th c. • “It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death”

  9. Death penalty in English history • At Common Law capital punishment was imposed for a few very serious offences such as treason, murder, rape and burning a dwelling-house. • As late as 1688 about 50 offences carried the death penalty • By 1800 English law had some 200 capital offences (including cutting down a tree or stealing an animal)

  10. John Locke (1632-1704) • A person forfeits his rights (including his right to life) when committing a crime • Once rights are forfeited, punishment is justified for two reasons: • 1) criminals deserve punishment • 2) punishment is needed to protect our society by deterring crime through example

  11. Cesare Beccaria (1738-1794) • On Crimes and Punishment (1764): the right to life is not forfeitable • People do not sacrifice their rights to life when entering into the social contract

  12. Death penalty today Progressive restrictionof capital offencces TheInternationalCovenant on Civil andPoliticalRights (1966): “Incountrieswhichhavenotabolishedthedeathpenalty, sentence ofdeathmaybeimposedonly for the most seriouscrimes”

  13. Restriction of applicable offenders Theexclusionofchildoffenders, i.e. thoseunder 18 yearsof age at the time oftheoffence Theexclusionofpregnantwomen, new mothersandpeopleover 70 yearsof age Theexclusionof “persons who havebecomeinsane” and “personssufferingfrommentalretardation or extremelylimitedmentalcompetence, whether at thestageof sentence or execution”

  14. Procedural safeguards Therightofappeal to a higher court Theright to petition for clemency

  15. Death Penalty Today • In April 1999, the UN Human RightsCommissionpassedtheResolutionSupporting Worldwide Moratorium on Executions • Over 90 countriesstillretainthedeathpenalty, including China, Iran andthe US • Todayover 60 % ofAmericanssupportthedeathpenalty

  16. Atkins v Virginia (2002) TheSupreme Court heldthat it was a violationofthe American Constitution to imposethedeathpenalty on a mentallyretardedperson; Also: a challenge to theconstitutionalityofexecutingpersons who had committed a capital offencewhenunderthe age of 18 – notsuccessful

  17. Capital crimes today • Premeditated murder • Espionage • Treason • Part of military justice

  18. Abolition of capital punishment in western Europe Portugal 1843 FollowedbytheNetherlands, Romania, Italy, andNorway Afterthe first world war: Sweden, Denmark, Switzerland In 1962: executionswerecarriedoutinwestern Europe inthe UK, France, Greece, the Irish Republic, Spain

  19. Alolition of capital punishment in Eastern Europe Croatia: 1987 Hungary 1988 Poland 1988 Bulgaria 1989 Moldova 1989 Estonia 1991 Armenia 1991 Lithuania 1995 Ukraine 1997 TheRussianFederation: moratorium on all executionssince 1996

  20. European Convention on Human Rights • Protocol No 6 (1983): abolitionof capital punishmentin time ofpeace • Resolution 1044 (1994) linksmembershipintheCouncilof Europe to abolitionofdeathpenalty (theRussianFederation – theonlymemberthathasnotabolishedcapitalpunishment) • Protocol No 13(2002): abolitionof capital punishmentin all circumstances

  21. Human rights violation Theright to life andtherightnot to besubjectedtocruel,inhumananddegradingtreatment or punishment theright to a fairtrial

  22. Abolition of the death penalty in the UK • 1969 (except for treason) • in 1998 the home secretarysignedthe 6th protocoloftheEuropeanConventionof Human RightswhichformallyabolishedthedeathpenaltyintheU.K.

  23. Abolitionists • Abolitionists – people who are against the death penalty • Death penalty does not deter criminals, violates human rights, leads to executions of wrongfully convicted people, discriminates against the minorities and the poor

  24. Retentionists • People who support the death penalty • Main arguments: prevent (from repeating the crime), deter and avenge (“an eye for an eye”)

  25. Lord Kennet’s speech on November 9, 1961 • outlined main arguments against the death penalty in five verbs: • prevent, • reform, • research, • deter, • avenge

  26. Prevent • To prevent the same man from doing it again

  27. Reform • Rehabilitation; a man should be helped with his social function by a rehabilitatory treatment

  28. Research • We should find out about the motives, characters and personality structures of criminals, thus finding things that would enable taking measures to reduce the crime rate

  29. Deter • The evidence proves that the death penalty is not an effective deterrent against violent crime

  30. Avenge • Vengeance is not a proper motive for the State in dealing with convicted criminals

  31. The 14th Dalai Lama on the Death Penalty • The death penalty fulfils a preventive function, but it is also very clearly a form of revenge... I am optimistic that it remains possible to deter criminal activity, and prevent such harmful consequences of such acts in society, without having to resort to the death penalty.

  32. Legal terms • Death penalty • Capital punishment • Smrtna kazna • Poena capitalis

  33. Legal terms • To commit a crime • Počiniti kazneno djelo • To try • Voditi sudski postupak, suditi • To convict • Proglasiti krivim • To sentence • Osuditi, izreći kaznu

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