...Discuss whether the death penalty in serves a relevant purpose in criminal proceedings in Malaysia. Over the centuries, laws and public attitudes relating to torture have evolved. It is no longer permissible to use thumbscrews or the rack as legally sanctioned means of interrogation and punishment. Attitudes toward the death penalty are also changing, and as more and more countries abolish capital punishment, the guillotine, the garrotte and the noose are being relegated to museums, alongside medieval instruments of torture. As we know, the death penalty is the sentence of death upon a person by the state as a punishment for a crime. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally “regarding the head”. Hence a capital crime was originally one punished by the severing the head from the body. Capital punishment in Malaysia applies to murder, drug trafficking, treason, and waging war against Yang di-Pertuan Agong (the King). Recently, the law has been extended to include acts of terrorism. Any terrorists, and anyone who aids terrorists, financially or otherwise, are liable to face the death penalty. Only High Courts have the jurisdiction to sentence someone to death. Juvenile cases involving the death penalty are heard in High Courts instead of the juvenile court where other juvenile cases are heard. Appeals to the Court of Appeal and the Federal Court are automatic. The last...
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...[pic] BACHELOR OF BUSINESS ADMINISTRATION WITH HONOURS MAY / 2012 MPW2153 MORAL STUDIES MATRICULATION NO : 740704125850-001 IDENTITY CARD NO. : 740704-12-5850 TELEPHONE NO. : 016-3699817 E-MAIL : : madelinaj@maybank.com.my LEARNING CENTRE : SABAH LEARNING CENTRE Tables Of Contents 1.0 INTRODUCTION 1.1 Drug Laws 2.0 DISCUSSION 2.1 Global Overview on the Status of the Death Penalty for Drug Offences 2.2 The Pros of Death Penalty 2.2.1 Precedent Server 2.2.2 Just Punishment 2.2.3 Society Safety Concerns 2.2.4 Excess Sympathy 2.3 The Cons Of Death Penalty 2.3.1 Wrong Convictions 2.3.2 Costs 2.3.3 Deterrence 2.3.4 Rehabilitation 2.4 Religious Views On Death Penalty 2.4.1 Buddhism 2.4.2 Hinduism 2.4.3 Christianity 2.4.4 Islam 3.0 SUGGESTION TO REPLACE DEATH PENALTY 3.1 Life Imprisonment 3.2 Prison with Parole 3.3 Rehabilitation or Reformatories 3.4 Community Service Orders 4.0 SUMMARY REFERENCE 1.0 INTRODUCTION Law is a system of rules and guidelines which are enforced through social institutions to govern behavior. Laws are made by governments, specifically...
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...Death Penalty Death penalty or capital punishment is the killing person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offenses. People have different opinion about this issue. Some people support death penalty and some people are against death penalty. It is very hard to decide what is right thing with this issue, but both sides have good reasons why should and why we should not have death penalty. In “The Federal Death Penalty as a Safety Valve” the author asserts that “Fifteen states do not have a death penalty, and yet the federal government can federally prosecute capital cases on historically state-prosecuted violent crimes”(Mysliwiec 255). The author thinks that government has to much power when it comes to the death penalty. In U.S. states have power to decide do they want to have death penalty or not. This depends on who is majority in government. Usually republicans are for death penalty and democrats are against death penalty. In “Death penalty views in China, Japan and U.S” the author shows us the study where we can see the level of death penalty support and views on capital punishment among college students from China, Japan and U.S. (Jiang 1). This study is very interesting because we can see how young people from these countries are thinking and what is they opinion about this issue. It was found that Chinese respondents reported the highest level of death penalty support, followed...
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...International Covenant on Civil and Political Rights, 1966 and its protocol in 1989 where the State parties believed that abolition of death penalty should be in the scale of enhancement of human dignity and progressive development of human rights and recalling Article 3 of Universal Declaration of Human Rights adopted on 10th December, 1948 as well as Article 21 of our Constitution.1 It can be judicially said “I don’t punish you for killing the man but so that the other cannot be killed.” That is, the chief aim of capital punishment is to make deterrent to others for same crime . Now this concept is having a new direction. The Supreme Court and High Courts in India interpret the cases before giving the death sentence as rarest of rare cases. The Court moves its eye also for other aspects of society. The landmark cases where death sentences were awarded in India are Ranga Billa case2, Indira Gandhi and Rajiv Gandhi Assassination case, Laxman Nayak case 3 and the lastly, it was awarded to Dhananjoy Chatterjee on 14th August, 2004 in connection with Hetal Parikh case of West Bengal after the Supreme Court affirmed the death sentence awarded by lower courts and President also refused to grant him pardon. In the year 2003, Government laid a bill in the Parliament which proposed to add a provision of the punishment, like death sentence in the Drugs and Cosmetics Act as also it was |LL.B. Entrance Examination, Universal Law Publishing Co., New Delhi (2007), p.510 ...
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...In 1995, Larry Griffin was sentenced to death for the murder of 19 year old Quintin Moss based on only one witness report. Almost 10 years later, new evidence by the NAACP had confirmed that Griffin was not involved in the crime, however, it was too late for he had already been executed. The death penalty, also known as capital punishment, is a sentence of execution for some form of crime such as murder, treason, espionage, war crimes, and large-scale drug trafficking. The death penalty in the United States is extremely flawed; it is applied unfairly and unequally, expensive, ineffectual against deterring crime, puts innocent lives at risk, and largely unethical. Despite the overwhelming evidence against capital punishment, thirty-one US states...
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...views from many different people. Some argue that murderers should be executed and pay for the crimes they’ve committed while others believe life imprisonment is suffice. The Catholic Church condemns this type of punishment but those who have been victimized are crying for justice. Another argument is that the methods used for capital punishment is against the Eight Amendment to the U.S. Constitution. My intentions for this paper are to present and analyze both sides of the argument. Is the death penalty immoral or is it immoral not to impose it? Introduction Capital punishment, also known as the death, has been one of the most controversial issue currently still under fire about its morality. Many believe it is both unethical and morally wrong for the government to take one’s life while others believe capital punishment is right and is needed to the deterrence of crime. This is a very controversial issue and brings up many different points of views from many different people. Some argue that murderers should be executed and pay for the crimes they’ve committed while others believe life imprisonment is suffice. The Catholic Church condemns this type of punishment but those who have been victimized, including their families, are crying for justice to be served. Another argument is that the methods used for capital punishment is against the Eight Amendment to the U.S. Constitution. Is the death penalty immoral or is it immoral not to impose it? This paper will...
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...Introduction Where there is a crime, there should be a punishment. Because of one should be escaped from law. The purpose of punishment to make the society safer for its people. In fact punishing the offenders is a primary function of all civil stales. The way and purpose of punishment may be of different types. But where the matter of the offence is very severe, obviously punishment should be very severe. Death sentence has been used an on effective weapon of retributive Justice for centuries. The Justification advanced is that it is lawful to forfeit the life of a person who takes a way another's life. Death penalty has been a way of punishing people since ages. Although there are some countries that have abolished death penalty from their law, there are still many which still practice the act of killing a person for crime. Death penalty is prevalent in the US, Asian and Middle Eastern countries. Some of the ways of executing criminals are hanging, shooting, electrocution and giving lethal injections. People have different opinions on the issue of death penalty given to a convict. While some think that death penalty is necessary for those who have committed a terrible crime, there are others who consider it as an immoral act that goes against the values of humanity. Capital Punishment Death penalty is considered as capital punishment. Section 54 of the Penal Code, 1860, deals with communication of sentence of death. This is the most severe form of corporal punishment...
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...Should Death Penalty be abolished in America? Death penalty, or capital punishment, the most severe punishment for criminals, has been in the punishment system in countries all over the world for thousands of years. The history of death penalty is almost as long as the history of human beings. Death penalty was once considered as natural as life itself. It was usually applied to those criminals who had conducted grave crimes and no one would feel pity for the criminals in the past. However, with the development of human beings, different voices about death penalty appear more and more often. Some people argue that in modern society where life is highly valued, death penalty that deprives of a person’s life would be too cruel. Therefore, campaigns are launched for the purpose of abolishing death penalty. However, there are still some other people who firmly support death penalty. As a result, in today’s society, death penalty has become an extremely controversial issue, both sides of which have its own supporters and reasons. This paper explores to the different sides of death penalty, to find whether death penalty is necessary or not in today’s world. In the coin of death penalty, side A stands the firmly supporters of death penalty, claiming that death penalty is a cruel necessity in today’s world. A latest Gallup poll shows that 64% of the Americans support death penalty and 29% oppose it. For especially atrocious crimes, the support rate rises to 80% (Jones, Jeffrey M)....
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...Capital punishment, also called death penalty, is the execution of an offender sentenced to death after conviction by a court of law of a criminal offense. The practice of executing people for certain crimes is very old; in fact, the term itself dates to a Latin root, capitalis, which means “of the head,” a reference to a common execution method used in Roman times. Currently 58 nations actively practice it, 97 countries have abolished it, and the remainders have not used it for 10 years or allow it only in exceptional circumstances such as wartime. However, It is a matter of active controversy in various countries as it violates human rights. What Is Capital Punishment Capital punishment is a practice in which prisoners are executed in accordance with judicial practice when they are convicted of committing what is known as a capital crime or capital offense. In other words, capital punishment or the death penalty is a legal process whereby a person is put to death by the state as a punishment for a crime. The judicial decree that someone be punished in this manner is a death sentence, while the actual process of killing the person is an execution. History Of Capital Punishment Early Laws The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. The death penalty was also part of the Fourteenth Century B.C.'s Hittite Code; in the Seventh...
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...Should the death penalty be mandatory for people that kill other people PANNASASTRA UNIVERSITY OF CAMBODIA Commitment to excellence Commitment to excellence PROFESSIONAL WRITING HOMEWORK ESSAY Topic Should the Death Penalty Be Mandatory For People That Kill Other People? Submitted to Professor LY Meng Written By NHEN Socheath May 30, 2014 Brainstorming Process Should the death penalty be mandatory for people that kill other people? Proponents Opponent * Guarantee justice for the victims - A life in prison is enough * Decrease Crime Rates - Crime remains the same * An eye for an eye is the solution - give a second chance to change * Killing a murderer is fair - Killing is always wrong * Killing is not cruel - Killing is cruel * Practices sometime go wrong - Risk of taking innocent life * It is morally right and fair - Against religious ethics Proponents Opponent * Guarantee justice for the victims - A life in prison is enough * Decrease Crime Rates - Crime remains the same * An eye for an eye is the solution - give a second chance to change * Killing a murderer is fair - Killing is always wrong * Killing is not cruel - Killing is cruel * Practices sometime go wrong - Risk of taking innocent life * It is morally right and fair - Against religious ethics OUTLINING I. Introduction Thesis Statement: I personally do not agree that death penalty can...
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...the right to life, liberty, and security of person.” A central principle of a just society is that every person has an equal right to “life, liberty, and the pursuit of happiness.” Within that framework, an argument for capital punishment can be formulated along the following lines: some acts are so vile and so destructive of community that they invalidate the right of the perpetrator to membership and even to life. Those who violate the personhood of others, especially if this is done persistently as a habit must pay the ultimate penalty. This punishment must be inflicted for the sake of maintaining the community whose foundation has been violated. We can debate whether some non-lethal alternative is a fitting substitute for the capital punishment. But the standard of judgment is whether the punishment fits the crime and sufficiently honors the nature of moral community. Definition of Capital Punishment: Capital punishment, also called the death...
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...Pick a country that has abolished the death penalty. Discuss the reasons that motivated the country to take that stand Death penalty as capital punishment caused and continues to cause heated debates in the society. Nowadays there are many countries where the death penalty is provided by legislation, for example, the USA, China, India, Egypt, Afghanistan, Saudi Arabia, Japan and others. The most common arguments "for" this punishment are the following: protection of society, deterrent effect, economic injustice of life imprisonment, and act of humanism. However, a large number of countries in the world have refused this type of punishment, in particular, Algeria, Tajikistan, Sri Lanka, Laos, Russia and others. They cite the following reasons: possibility of a miscarriage of justice, absence of addressing the causes of crime, contradiction to the international law standards. In the modern globalized world the international community faced faces with the active development of global problems such as terrorism, drug trafficking, corruption, etc. These problems stimulate the constant debate about the necessity to toughen penalties for dangerous criminals, in particular, people discuss the need for of the death penalty in states, where the law does not provide it as capital punishment. The Russian Federation is one of these states. It is the largest country in the world, and many criminal elements from neighboring less prosperous countries penetrate on its territory, they commit...
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...argue the death penalty should be abolished, they fail to offer up any comparable alternatives for the crime for murder. It is a harsh punishment but, in all fairness, the punishment fits the crime. Capital punishment does what the name suggests: it punishes and it removes the notion that one can kill and get away with it. It serves as a deterrent for those contemplating murder and in the end, it brings justice. Capital punishment defends the sanctity of life and until we evolve to the place where murders are no longer a part of our society, we must punish this crime fairly. To know we have removed a murdering criminal from the street is a relief thankful to deterrence of violent crime, retribution, Christianity, and innocence. One argument for the death penalty is the fact that it deters crime. Those enticed by killing someone might think twice if they know their life will be taken as a consequence. Joanna Shepherd explores the history of capital punishment and explains that while many studies produced mixed results, modern economic studies reveal executions “significantly deter murders” (Shepherd). In addition, Wesley Lowe reports when the death penalty was temporarily suspended, the number of murders in the America “skyrocketed from 9,960 to 23,040, a 131 percent increase” (Lowe) and the murder rate “doubled from 5.1 to 10.2” (Lowe). He goes on the quote Karl Spence of Texas A and M University, who maintains until “we begin to fight crime in earnest [by using the death penalty]...
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...Is The Death Penalty Justified? Narisha T. Carr-Smalls PHI200: Mind and Machine Instructor: Elliott Crozat July 4, 2012 Is The Death Penalty Justified? How would we define Capital punishment? It is the death penalty. “Capital punishment is the execution of a person by the state as punishment for a crime. The word ‘capital’ comes from the Latin word ‘capitalis,’ which means ‘regarding the head.’ At one point and time capital crimes where punished by severing the head. Crimes that can result in the death penalty are known as capital crimes or capital offenses. Capital punishment has been used in societies throughout history as a way to punish crime and suppress political dissent. In most places that practice capital punishment today, the death penalty is reserved as punishment for premeditated murder, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery and sodomy, carry the death penalty, as do religious crimes such as apostasy (the formal renunciation of the State religion). In many retentions countries (Countries that use the death penalty), drug trafficking is also a capital offense. In China human trafficking and serious cases of corruption are also punished by the death penalty (Debatepedia, 2011).” Capital punishment was used throughout history and still used today for a variety of offenses. The death penalty was even utilized biblically for crimes such as murder, kidnapping, and even witchcraft...
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...Death Penalty 1 The Death Penalty in the United States Rebecca Bartley ENC3211-Report Writing Professor Johnson June 8, 2013 Death Penalty 2 Abstract Death penalty has had so many changes in the last 300 years many states still use the death penalty. There are many states that are abolishing it for any number of different reasons. Many now believe the death penalty is unconstitutional and also cruel and unusual punishment and it should no longer be used. Many believe life in prison is a better remedy than putting someone to death. Keywords: Death Penalty Death Penalty 3 The Death Penalty in the United States: How it has changed over years. The death penalty policies and ideas have changed from state to state over the last ten (10) years. Each state is now making the chose on whether to have or use the death penalty, or to abolish it for any number of reasons. There are a couple of reasons that the death penalty is being abolished: (1) the first would be that many states are starting to believe that it’s unconstitutional; and (2) the death penalty is being used less and less, there are more inmates who are sitting on death row for many years. “New Mexico repeated the death penalty in 2009, and replacing it with a sentence of life without the possibility of parole” (NM repeal, 2012).”With this new Mexico was the last state to implement true life without parole, and in the last five (5) years, five (5) states have repealed the...
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