Imposition/Constitutionality of Death Penalty



Abstract

In this study we try to explore the concept of “Death Penalty” in a holistic context. The main focus of the research is on “Penalty” and its relation with “Constitutional and Human Rights” of Citizens. The research also analyzes many aspects of “Death Penalty” and tries to gauge its effect on the “Society”. Finally the research describes various factors which are responsible for “Death Penalty” and tries to describe the overall effect of “Criminal Justice”.

Imposition/Constitutionality of the death penalty

Introduction

The Issue

Losing a family member is a catastrophic and tragic incident and it creates a huge gap in the family, a gap which that can never be filled and compensated, no matter how much efforts are made. However, once a person is gone from this world, there is no way that can bring him/her back. These two perspectives/viewpoints are at the center of heated debate that is going on between the opponents and proponents of death penalty. After all the formal proceedings and procedures of criminal justice system which is in force in a particular country or a region, death penalty is given to those criminals who intentionally takes a person or group of persons' lives and gains financial and non-financial benefits out of it. Proponents of death penalty are of the view that murderers should pay for their heinous crime of murder and should be executed as “an eye for an eye” is the best justice served because it not only stops the person from committing the same heinous crime again and take more lives, but also exemplify him as the ultimate loser who paid the highest price for his/her inhumane actions. On the other hand, opponents of death penalty are of the view that no one can possibly pay back for the death of an individual. Moreover, as history has shown and forensics has validated that most of the time, when murders kill someone he or she does it due to the psychological quandary they develop in their life due to their social and financial problems. A sane individual who is in his/her senses would not commit such a brutal act of murdering a person because it's not what humans do. They have compassion towards other living things and without any reason they don't commit such an inhumane act. The issue clearly has opponents and proponents and both present their own valid point of views (Alarcón & Mitchell, 2011).

Discussion

Goal of Death Penalty

The goal of death penalty is twofold. Firstly, through death penalty the laws attempt to provide the family of a murdered person with a justice by avenging the pain and suffering they have gone through or going through on their behalf. Secondly, state wants its citizens to see and the end-result of a heinous act of murdering someone to deter them from having a tendency to commit the same crime of taking someone's life.

Constitutional Rights in Death Penalty

Death penalty in Canada, European Union, Australia and some other parts of the world has been abolished and ...