Death penalty

Death Penalty

Introduction

In legal terms, death penalty is also recognized as the capital punishment. However, the legal, as well as the literal connotation attached to this term, entail the criminal being subjected to death, as the consequence of the serious offense or crime committed by him.

Creation of Death Penalty

The activity of breaching rules and laws more commonly referred to as crime; traces its history in antiquity. The historical accounts of such violations are as old as the beginning of mankind itself. Despite the mutual agreement on the nature of crime, different societies have interpreted offences differently. Nevertheless, legislative experts emphasize the presence of a fine line of distinction between crime and a mere offence or violation of law (Randa, p.1997).

It is imperative to note that every violation or offence is followed by an attempt to maintain social order with the imposition of collectively agreed punishments. The global society terms punishment as a societal and moral justification of promoting collective retribution, possible rehabilitation or prevention of crime and violation in order to promote social harmony (Miethe, & Hong, 2005).

Despite the acceptance of various forms of punishments, there is one variant of punishment, which has attracted significant debate from time immemorial - Death Penalty. Death penalty is also known by various other names, such as capital punishment, execution or death sentence. It is imperative to note that the source of all this discussion and debate pertaining to the death penalty is the seriousness or degree of a violation, offence or crime (Randa, 1997).

Death penalty traces its roots to the beginning of recorded history. Various historical records, including drawings and carvings on cave walls and tablets, highlight that various tribes practiced death penalty as an essential component of their justice system. Death penalty was a common form of punishment before the emergence of societies and states. With the formation of organized societies, death penalty or execution was restricted to extreme offences. Nevertheless, historians have pointed the presence of execution in the code of Hammurabi (c.1750 B.C.). This practice continued through the Roman Empire and was also adopted during the modern era of the Western Empire (Wolf, 1997).

Case

Historical accounts have occasionally pointed towards the presence of executing guiltless individuals, who were penalized for certain acts, which they did not perform or even if they did, the nature of the violation was trivial in stature. It should be noted that only recently did individuals and society started to realize the unjustness administered in the form of capital punishment.

The writings by Voltaire, Montesquieu, and Cesare Baccaria prompted the launch of a formal movement in the 18th century, which fought for the abolition of the death penalty. Since the 1970s, there has been a raging debate on the constitutionality and humanitarian justification of the death penalty. Some of the controversial judgments are discussed below to provide assistance on the unconstitutionality of capital punishment (MacNair & Stephen, 2011).

The Case of Timothy Evans

Timothy John Evans, a British citizen, was wrongly accused of murdering his own wife and daughter ...