Qwertyuiopasdfghjklzxcvbnmqw

ertyuiopasdfghjklzxcvbnmqwert
yuiopasdfghjklzxcvbnmqwertyui
opasdfghjklzxcvbnmqwertyuiopa
sdfghjklzxcvbnmqwertyuiopasdf
ghjklzxcvbnmqwertyuiopasdfghj
A Research Paper of
klzxcvbnmqwertyuiopasdfghjklzx
analyzing
cvbnmqwertyuiopasdfghjklzxcvb
on
Death penalty: should it
nmqwertyuiopasdfghjklzxcvbnm
be abolished?
qwertyuiopasdfghjklzxcvbnmqw
ertyuiopasdfghjklzxcvbnmqwert
yuiopasdfghjklzxcvbnmqwertyui
opasdfghjklzxcvbnmqwertyuiopa
sdfghjklzxcvbnmqwertyuiopasdf
ghjklzxcvbnmqwertyuiopasdfghj
klzxcvbnmqwertyuiopasdfghjklzx

Summer Semester

: 2016

Course

: Legal environment of Business (BUS361)

Subject

: Term Paper on Death penalty: should it be abolished?

Section

: 01

Submitted To,
Fahmida Hasan
Senior Lecture
Department of Business Admission
East West University
Submitted By,
Name:
MD. Ali Akand Asif

ID:
2013-1-10-269
2013-1-102012-3-10
2013-1-102013-1-10-

Date of Submission: 9th August, 2016

2

9th august , 2016

To
Fahmida Hasan
Senior Lecturer
East West University Bangladesh
Sub: submission of the term paper on Death penalty: should it be abolished?

Honorable Madam,
We have great pleasure to replace before you our assignment on a severe issue. We have made a
research paper on Death penalty: should it be abolished?. We are the student of
BUS-361; Sec-01. We analyzed on some journal, real incidents and witness related this topic to
prepare this term paper. We have gathered what we believe to be the most complete information
available. We have worked hard preparing this term paper and we hope it will perfectly present
the relevant issue to be clear about our term paper topic.
We will be always available for answering any query related with this term paper. We request
you to excuse us for any mistake that may occur in the term paper despite us best effort. It will be
great pleasure for us, if you accept our term paper.
Thanking you.

Sincerely yours,
MD. Ali Akand Asif

Acknowledgement:
Above all else, we need to thank the omnipotent God, who gave us the force of
completing this occupation in time. At that point we need to express gratefulness to
the majority of our witness and companions who offered us to finish our study. We
are especially thankful to them. Furthermore, finally, we need to thank to our
honorable ma'am Ms. Fahmida Hasasn who gave us a great deal us backing to
finish our task in time. . Her support, excellent guidance and interests motivated us
for doing this term paper and she also helps us for achieving our desired result.

Executive Summaries

Table of content:
Topic

Page

Introduction
Objective
Methodology
Limitation
Concept of Punishment
History behind death penalty as capital punishment
Effectiveness
Countries follow it/ and not & reason
Other Sentences adequate?
Public awareness and demand
Conclusion & Recommendation
Bibliography
Questionnaires

Introduction

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
as it requires law enforcement officers to kill the offender. Where there is a crime, there should
be a punishment. Because of one should be escaped from law. The purpose of punishment is 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. But that not is death
sentence. 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. But it is wrong for the stake to kill in order to show that it is wrong to kill,
because, the stale than commits the same crime. In almost all stales that perform executive, the
death penalty is limit led to cheeses involving aggravated murder.

Objective:
The objective of the study is to discuss the provision and methods of Execution of death penalty,
to analyze the effect of death penalty in the protection of human rights and to discuss the
agreements of People regarding Death Penalty. In this regard, different types of punishment,
Methods of Executing death Penalty and capital punishment in Bangladesh have been discussed.
Besides, arguments on Capital Punishment and protection of Human rights have been discussed.
Some problems have been found out. Death Penalty lowers the value of human life and
brutalizes society. It is an impediment to the reformation of the convicted person. Besides, death
penalty is devices the sacredness of human life. It is highly recommended that the convicted
person should be given an opportunity reform themselves. Death Sentence should be abolished
as a capital punishment. Life time rigorous imprisonment should be executed as an alter neat of
death sentence. So nobody should ever be killed, even by the state as it is against human rights.

Methodology:
It is difficult to complete a research without adopting any methods. The optimum outcome of this
research depends largely on the adopting of the proper methods related to the topics in the field
of the proper investigation. When we prepared this research we followed the some methods i.e,
Analytical Method, Questionnaires Method etc. respectively where it is applicable. The
techniques of data collection followed in this research are interviewing, questionnaire, uses of
documents sources. I also helped by my teachers, friends and different website collecting the
topic related information and statistic. Data have been collected through Penal Code, 1860,
newspapers, websites, discussion with resource person, basic documents etc.

Limitation:
This research has some limitations in true sense. The limitations reduced the scope of the study.
The main limitation of the study is the time bindings work. The time is not enough for the study.
There is no study that done on this topic before, so there was no perfect guideline. That is
another important limitation of this study.

Concept of punishment:
Punishment is not an exclusive province of the law. Parents punish their children, and members
of private associations punish their wayward fellows. Like most concepts, "punishment" has no
rigid boundaries. One useful way to understand its central aspects and uncertain borderlines is to
identify the features of typical instances of punishment, and to inquire how far their absence
would lead one to say that something other than punishment is taking place.

Typical instances
In typical cases of punishment, persons who possess authority impose designedly
unpleasant consequences upon, and express their condemnation of, other persons who are
capable of choice and who have breached established standards of behavior.
Responsible agents.
Punishment is a practice that is performed by, and directed at, agents who are responsible
in some sense. God and humans can punish; hurricanes cannot. To punish, one must be
able consciously to inflict harmful consequences because of a wrong that has been
committed.
Unpleasant consequences.
Punishment involves designedly harmful consequences that most people would wish to
avoid.Unpleasantness is, on the other hand, part of the basic nature of punishment; if the
response to those who break rules was to give them something they wanted, such as more
money, one would not consider the response to be punishment, even if the aim were to
reduce future violations.
Authority
Punishment is imposed by people who have authority to do soauthority conferred by
legal rule, associational standard, or social morality. A father can punish his own small
children, but he cannot punish a neighbor's child unless the neighbor has given him
power to do that. Only public officials can punish a thief for breaking the law. Authority
may be conceived in a somewhat extended sense, whereby one can speak of a person's
being punished by the community when his offensive behavior is met by the negative
informal reactions of its members.
Standards.
Punishment ordinarily follows some breach of established rules of behavior; the notion
that people should have fair warning as to what behavior is punishable, and to what
degree, is now an established principle of most legal systems
Misperceptions.
he assumption thus far has been that those who impose punishment, and the community
at large, perceive circumstances as they really are. However, people may be woefully
mistaken about critical facts. An innocent person may be punished because he is thought
guilty, or all epileptics may be punished in the belief that having that disease evidences
9

extreme moral fault. Misperceptions may also occur because of conscious manipulations
by those aware of the actual facts. If officials successfully persuade others that a woman
they know to be innocent is guilty, her condemnation and imprisonment will, in the
public perception, constitute genuine punishment.
(deathpenaltyworldwide, 2016)
The punishment to which offenders are liable under the provisions of this

Code are_
First, _ Death;
Secondly, _ Imprisonment for life;
Thirdly, _ [Replaced by Act XVII of 1949.]
Fourthly, _ Imprisonment, which is two descriptions, namely;
Rigorous, that is, with hard labor;
Simple;
Fifthly, _ Forfeiture of property;
Sixthly, _ Fine.
(PENAL CODE, 1860)

(1) Death:
Death punishment is awarded for murder in rarest of the rare cases. It may be awarded as
punishment for the following offences:

Waging war against the Government of Bangladesh.

Abetting mutiny actually committed.
Murder.
Dacoits accompanied with murder.

(2) Imprisonment for life;

Imprisonment for life is now substituted for transportation. Imprisonment for life in the Code
means rigorous imprisonment for life and not simple imprisonment for life.
(3)Imprisonment;
Imprisonment is two kinds;
a. Rigorous: In the case of rigorous imprisonment the offender is put to hard labor such as
grinding corn, digging earth, drawing water, cutting fire-wood, bowing wool, etc.

10

b. Simple: In the case of simple imprisonment the offender is confided to jail and is not put to
any kind of work. Imposition of hard labor on prisoners undergoing rigorous imprisonment has
been held to be legal.

(4) Forfeiture:
The punishment of absolute forfeiture of all property of the offender is now abolished. Sections
61 and 62 of the Penal Code dealing with such forfeiture
are repealed by Act XVI of 1921.

(5) Fine:
Fine is the only punishment in the following cases:
a. The person for whose benefit a riot has been committed not having
duly endeavored to prevent it.
b. The agent or manager of such person under like circumstances.
c. Illegal payments in connection with an election.
d. False statement in connection with an election.
e. Failure to keep election accounts.

(Human Rights Watch, 2016)

11

History behind Death penalty as Capital Punishment

Death Penalty is the lawful infliction of death as a punishment and since ancient times it has
been used for a wide variety of offences. All the form of punishments, Capital punishment is one
of the most debated subjects among the modern world. There are arguments for and against the
utility of its mode of sentence. The controversy is gradually being resolved with a series of
judicial pronouncement containing elaborate discussion on this complex generation. Historically,
the execution of criminals and political opponents was used by nearly all societiesboth to
punish crime and to 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 one's
religion). In many receptionist countries (countries that use the death penalty), drug trafficking is
also a capital offense.
In early Death Penalty Laws, The first established death penalty laws date as far back as the 18th
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, the Seventh Century B.C.'s Draconian Code of Athens, which made death the only
punishment for all crimes, and the Fifth Century B.C.'s Roman law of the Twelve Tablets. Death
sentences were carried out by such means as crucifixion, drowning, beating to death, burning
alive, and impalement.
In the Tenth Century A.D., Hanging became the usual method of execution in Britain. In the
following century, William the Conqueror would not allow persons to be hanged or otherwise
executed for any crime, except in times of war. This trend would not last, for in the Sixteenth
Century, under the reign of Henry VIII, as many as 72,000 people are estimated to have been
executed. Some common methods of execution at that time were boiling, burning at the stake,
hanging, beheading, and drawing and quartering. Executions were carried out for such capital
offenses as marrying a Jew, not confessing to a crime, and treason.
Most historical records as well as various primitive tribal practices indicate that the death penalty
was a part of their justice system. The Athenian legal system was first written down by Draco in
about 621 BC: the death penalty was applied for a particularly wide range of crimes. The Bible
prescribes death penalty for murder and many others crimes. The number of capital crimes in
Britain continued to rise throughout the next two centuries. By the 1700s, 222 crimes were
punishable by death in Britain, including stealing, cutting down a tree, and robbing a rabbit
warren. Because of the severity of the punishment of death, many juries would not convict
defendants if the offense was not serious. This led to reforms of Britain's death penalty. From
12

1823 to 1837, the death penalty was eliminated for over 100 of the 222 crimes punishable by
death. (Randa, 1997)

On the article view, we find that, many are executed in China each year in the modern age, there
was a time in Tang Dynasty China when the death penalty was actually abolished altogether. This
was in the year 747, enacted by Emperor Taizong of Tang (r. 712756), who before was the only
person in China with the authority to sentence criminals to execution. Even then capital
punishment was relatively infrequent, with only 24 executions in the year 730 and 58 executions
in the year 736. Two hundred years later there was a form of execution called Ling Chi, slow
slicing, or death by/of a thousand cuts, used in China from roughly 900 CE to its abolition in
1905.

The last several centuries have seen the emergence of modern nation-states. Almost fundamental
to the concept of nation state is the idea of citizenship. This caused justice to be increasingly
associated with equality and universality, which in Europe saw an emergence of the concept of
natural rights. Another important aspect is that emergence of standing police forces and
permanent penitential institutions. The death penalty becomes an increasingly unnecessary
deterrent in prevention of minor crimes such as theft. Additionally, in countries like Britain, law
enforcement officials became alarmed when juries tended to acquit non-violent felons rather than
risk a conviction that could result in execution. The 20th century was one of the bloodiest of the
human history. Massive killing occurred as the resolution of war between nation-states. A large
part of execution was summary execution of enemy combatants. Also, modern military
organizations employed capital punishment as a means of maintaining military discipline. In the
past, cowardice, absence without leave, desertion, insubordination, looting, shirking under
enemy fire and disobeying orders were often crimes punishable by death.
In early New England, public executions were a very solemn and sorrowful occasion, sometimes
attended by large crowds, who also listened to a Gospel message and remarks by local preachers
and politicians. The Connecticut Courant records one such public execution on December 1,
1803, saying, "The assembly conducted through the whole in a very orderly and solemn manner,
so much so, as to occasion an observing gentleman acquainted with other countries as well as
this, to say that such an assembly, so decent and solemn, could not be collected anywhere but in
New England.

Trends in most of the world have long been to move to less painful, or more humane, executions.
France developed the guillotine for this reason in the final years of the 18th century while Britain
banned drawing and quartering in the early 19th century. Hanging by turning the victim off a
13

ladder or by dangling him from the back of a moving cart, which causes death by suffocation,
was replaced by "hanging" where the subject is dropped a longer distance to dislocate the neck
and sever the spinal cord. In the U.S., the electric chair and the gas chamber were introduced as
more humane alternatives to hanging, but have been almost entirely superseded by lethal
injection, which in turn has been criticized as being too painful. Nevertheless, some countries
still employ slow hanging methods, beheading by sword and even stoning, although the latter is
rarely employed. Execution by nitrogen asphyxiation was proposed in 1995 and appears
occasionally in online discussions, but as of 2008, it has not been used by any nation.
The words death penalty or capital punishment often bring out strongly emotional opinions.
There are not many other issues that bring up this kind of emotion in people. After all, capital
punishment has to do with people judging if a fellow person should live or die. But there is a lot
more to the death penalty than just a simple right-or-wrong approach. Capital punishment has
inspired argument related to its cost, purpose and method. From ancient times to present day, the
death penalty has had an intricate and controversial history. The listed of laws will explain this
history and present quick looks at some recent disputes surrounding capital punishment. We
found out some history of capital punishment, with an emphasis on developments in worldwide.
The sources of historical cases are followed in summarized.
Eighteenth Century B.C. - First established death penalty laws.
Eleventh Century A.D. - William the Conqueror will not allow persons to be hanged
except in cases of murder.
1608 - Captain George Kendall becomes the first recorded execution in the new colonies.
1632 - Jane Champion becomes the first woman executed in the new colonies.
1767 - Cesare Beccaria's essay, On Crimes and Punishment, theorizes that there is no
justification for the state to take a life.
Late 1700s - United States abolitionist movement begins.
Early 1800s - Many states reduce their number of capital crimes and build state
penitentiaries.
1823-1837 - Over 100 of the 222 crimes punishable by death in Britain are eliminated.
1834 - Pennsylvania becomes the first state to move executions into correctional
facilities.
1838 - Discretionary death penalty statutes enacted in Tennessee.
1847 - Michigan becomes the first state to abolish the death penalty for all crimes except
treason.
1890- William Kemmler becomes first person executed by electrocution.
Early 1900s - Beginning of the "Progressive Period" of reform in the United States.
1907-1917 - Nine states abolish the death penalty for all crimes or strictly limit it.
1920s - 1940s - American abolition movement loses support.
1924s - The use of cyanide gas introduced as an execution method
1930s - Executions reach the highest levels in American history - average 167 per year.

14

 1948 - The United Nations General Assembly adopted the Universal Declaration of
Human Rights proclaiming a "right to life."
1950- De facto abolition becomes the norm in western Europe.
1958 - Trop v. Dulles. Eighth Amendment's meaning contained an "evolving standard of
decency that marked the progress of a maturing society."
1966 - Support of capital punishment reaches all-time low. A Gallup poll shows support
of the death penalty at only 42%.
1968 - Witherspoon v. Illinois. Dismissing potential jurors solely because they express
opposition to the death penalty held unconstitutional.
1970 - Crampton v. Ohio and McGautha v. California. The Supreme Court approves of
unfettered jury discretion and non-bifurcated trials.
June 1972 - Furman v. Georgia. Supreme Court effectively voids 40 death penalty
statutes and suspends the death penalty.
1976 - Gregg v. Georgia. Guided discretion statutes approved. Death penalty reinstated
January 17, 1977 - Ten-year moratorium on executions ends with the execution of Gary
Gilmore by firing squad in Utah.
1977 - Oklahoma becomes the first state to adopt lethal injection as a means of execution.
1977 - Coker v. Georgia. Held death penalty is an unconstitutional punishment for rape of
an adult woman when the victim is not killed.
December 7, 1982 - Charles Brooks becomes the first person executed by lethal
injection.
1984 - Velma Barfield becomes the first woman executed since reinstatement of the death
penalty.
1986 - Ford v. Wainwright. Execution of insane persons banned.
1986 - Batson v. Kentucky. Prosecutor who strikes a disproportionate number of citizens
of the same race in selecting a jury is required to rebut the inference of discrimination by
showing neutral reasons for his or her strikes.
1987 - McCleskey v. Kemp. Racial disparities not recognized as a constitutional violation
of "equal protection of the law" unless intentional racial discrimination against the
defendant can be shown.
1988 - Thompson v. Oklahoma. Executions of offenders age fifteen and younger at the
time of their crimes is unconstitutional.
1989 - Stanford v. Kentucky, and Wilkins v. Missouri. Eighth Amendment does not
prohibit the death penalty for crimes committed at age sixteen or seventeen.
1989 - Penry v. Lynaugh. Executing persons with "mental retardation" is not a violation
of the Eighth Amendment.
1993 - Herrera v. Collins. In the absence of other constitutional grounds, new evidence of
innocence is no reason for federal court to order a new trial.
1994 - President Clinton signs the Violent Crime Control and Law Enforcement Act
expanding the federal death penalty.

15

 1996 - President Clinton signs the Anti-Terrorism and Effective Death Penalty Act
restricting review in federal courts.
1998 - Karla Faye Tucker and Judi Buenoano executed.
November 1998 - Northwestern University holds the first-ever National Conference on
Wrongful Convictions and the Death Penalty. The Conference brings together 30 inmates
who were freed from death row because of innocence.
January 1999 - Pope John Paul II visits St. Louis, Missouri, and calls for an end to the
death penalty.
April 1999 - U.N. Human Rights Commission Resolution Supporting Worldwide
Moratorium On Executions.
June 1999 - Russian President, Boris Yeltsin, signs a decree commuting the death
sentences of all of the convicts on Russia's death row.
January 2000 - Illinois Governor George Ryan declares a Moratorium on executions and
appoints a blue-ribbon Commission on Capital Punishment to study the issue.
2002 - Ring v. Arizona. A death sentence where the necessary aggravating factors are
determined by a judge violates a defendant's constitutional right to a trial by jury.
2002 - Atkins v. Virginia. the execution of "mentally retarded" defendants violates the
Eighth Amendment's ban on cruel and unusual punishment.
January 2003 - Gov. George Ryan grants clemency to all of the remaining 167 death row
inmates in Illinois because of the flawed process that led to these sentences.
June 2004 - New York's death penalty law declared unconstitutional by the state's high
court.
March 2005 - In Roper V. Simmons, the United States Supreme Court ruled that the
death penalty for those who had committed their crimes under 18 years of age was cruel
and unusual punishment.
December 2007 - The New Jersey General Assembly votes to become the first state to
legislatively abolish capital punishment since it was re-instated in 1976.
February 2008 - The Nebraska Supreme Court rules electrocution, the sole execution
method in the state, to be cruel and unusual punishment, effectively freezing all
executions in the state.
June 2008 - Kennedy v. Louisiana. Capital punishment cannot apply to those convicted
of child rape where no death occurs.
March 2009 - Governor Bill Richardson signs legislation to repeal the death penalty in
New Mexico, replacing it with life without parole.
March 2011 - Governor Pat Quinn signs legislation to repeal the death penalty in Illinois,
replacing it with life without parole.

Source: (Death Penalty Information Center, 2016)

16

17

Effectiveness:
Assumption is the only fact that we consider when we make the statement that capital
punishment is a deterrent. However, in reality an assumption is not a fact. There is no evidence
that capital punishment is a deterrent. We assume that the fear of receiving punishment or justice
will deter murder. If that were true then people would not speed on highways or do drugs in fear
that they would be prosecuted. History as well as human behavior has shown that rational
human instinct does not deter people from crime. If it did we would never have to use capital
punishment. We could just inform every one of the law and people would be afraid and never
commit crimes. Unfortunately people commit crimes from passion or they do not think or care
about the consequences. With or without capital punishment people will still commit crimes.
The death penalty does not have conclusive evidence to be a tool in the criminal justice system to
deter people from committing crime.
Canada is one example of why the death penalty has provided statistics that conclude that the
death penalty is not an effective deterrent. Canada decided in 1976 to abolish the use of capital
punishment (Death Penalty Info). During 1975, there were 721 homicides committed in Canada
(Death Penalty Info). During 2001 Canada had 554 homicides which are 23 percent lower than
the number of homicides committed before the abolition of the death penalty. If the death
penalty was a deterrent, why would there have been 167 more homicides committed when
Canada had enforced the death penalty. During 1999 there were 5.7 million homicides per
100,000 people, while the homicide rate was three times lower than the United States, with a
homicide rate of only 1.8 homicides per 100,000 people ( (Death Penalty Information Center,
2016).
Along with 110 nations that have banned capital punishment, European non-death penalty
nations data shows that the United States has more than three times the homicides that Europe
has. (New York Times September 22, 2000). This is another example of nations without capital
punishment that has lower homicide rates than nations with the death penalty. While these
statistics do not imply that countrys which have the death penalty are causing a brutalization
effect; the statistics do show evidence that deterrence is not causing a decline in the number of
homicides per year. A survey conducted from the American Society of criminology, Law and
Society Association, and the Academy of Criminal Justice Sciences showed that a large majority
did not think that capital punishment is a proven deterrent to homicide. Over 80 percent of those
polled believe that the present research does not support a deterrence effect for the death penalty
(Death Penalty Info). Some criminologists even recommend that the death penalty causes more
homicides per year. The brutalization effect says that homicide rates will go up because of the
example of the state executions.
Why would potential and active murderers be influenced by what the state does? They would be
more affected by the simple you murder, we execute you. From that idea a conclusion could
18

be made that the death penalty would be a deterrent. Unfortunately, the statistics do not go along
with the idea of deterrence being effective. In reality the criminals are not affected
physiologically in either direction. The death penalty does not cause a brutalization effect and it
does not deter people from crime.
While the majority of research found that capital punishment and life imprisonment has the same
deterrent effect; Professor and writer of economics Isaac Ehrlich worked on his theory of
deterrence that showed that capital punishment was a deterrent. Through his complex
mathematical equations he believed that there were a number of people that were saved with the
use of the death penalty. He stated that for every execution during 1933 and 1969 it had deterred
criminals from committing eight homicides (Radelet, Michael). Although some people
considered his statements a breakthrough in the study of deterrence; Ehlirchs research did gain
nationwide attention. His research brought mainly criticism for methodological and conceptual
misunderstandings (Bedau 141). His research was not respected because deterrence has so many
different scenarios that would be impossible to form an equation that was correct for different
situations and views. The reason that it is so difficult to calculate a ratio of people saved by the
deterrence of capital punishment is because most of the research is suggestive rather than being
definitive. It is also very hard to conclude a side of view because there are so many experts on
the topic that contradict each other on whether capital punishment is a deterrent. In addition to
contradicting views of experts on the topic, none of the statistics show that the homicide rate was
lower in states with the death penalty. Ehlirchs idea was a good concept but he did not have any
proof to back it up. In conclusion to Isaac Ehlirchs theorys he did not publish any credible
work on the deterrence of the death penalty.
Attorney Diane Marshall had a convicted murderer quote to her You can tell people youre
going to boil em in hot oil, but it wont deter crime, because criminals dont think theyre going
to get caught (The Duram Herald Co). Most criminals during the act of their crime or even
before their act of crime do not stop and think about the consequences of their intended actions.
One possible way to make criminals think about their consequences is to use public execution.
Public execution was common in towns and cities throughout the U.S. Public executions were
one way to put a long lasting visual and emotional dramatization that might make people think
more about consequences of their crimes. Eventually by the late 1800s, public executions were
ceased because of the fact that they were very barbaric. That may have unintentionally undercut
the function of deterrence (Friedman 186).
Society has a history of trying to use punishment to scare criminals from committing crimes.
Many peoples opinions are since society has the highest interest in preventing murder; it should
only use the highest deterrent. That deterrent is the death penalty. Popular view is that if
murderers are sentenced to death and killed, future murderers will be deterred for fear of losing
their own life. Contrary to pro-deterrent ideas studies have shown that the death penalty does not
cause a deterrence effect.

19

10 out of 12 states that do not use capital punishment have homicide rates below the national
average. 50 percent of the states that use capitol punishment have a homicide rate of the national
average of 6.3 in 1998 (Death Penalty Info). From 1978-1998, the homicide rates in states that
use capital punishment has been 48-101 percent higher than in states that oppose using the death
penalty (Death Penalty Info). This means that the states that used the death penalty had a higher
homicide rate than the states that didnt use the death penalty.
Justice William Brennan wrote It is not denied that many and probably most, capitol crimes
cannot be deterred by the threat of capital punishment (The Duram Herald co.). Who would
actually take time to think about all of the different factors that would make the criminal realize
he could get sentenced to death. Then on that soul reason deter him/her from committing the
crime? Most likely the only people that would be deterred by the thought of capital punishment
would be someone with knowledge of law enforcement, or legal knowledge.
With or without capital punishment, people will still commit crimes. There has been study upon
study trying to explain how capital punishment is a deterrent. There is not enough conclusive
evidence that proves people are deterred from committing capital crimes through the use of the
death penalty. Capital punishment does not act as a deterrent.
A recent study by Professor Michael Radelet and Traci Lacock of the University of Colorado
found that 88% of the nations leading criminologists do not believe the death penalty is an
effective deterrent to crime. The study, Do Executions Lower Homicide Rates? The Views of
Leading Criminologists, published in the Journal of Criminal Law and Crimonology, concluded,
There is overwhelming consensus among Americas top criminologists that the empirical
research conducted on the deterrence question fails to support the threat or use of the death
penalty. A previous study in 1996 had come to similar conclusions.

The criminologists surveyed included - 1) Fellows in the American Society of Criminology

(ASC), (2) Winners of the ASCs Sutherland Award, the highest award given by that
organization for contributions to criminological theory, or (3) Presidents of the ASC between
20

1997 and the present. Those presidents before 1997 had been included in the prior survey.
Respondents were asked to base their answers on existing empirical research, not their views on
capital punishment.
Nearly 78% of those surveyed said that having the death penalty in a state does not lower the
murder rate. In addition, 91% of respondents said politicians support the death penalty in order to
appear tough on crime and 75% said that it distracts legislatures on the state and national level
from focusing on real solutions to crime problems. Over all, 94% agreed that there was little
emperical evidence to support the deterrent effect of the death penalty. And 90% said the death
penalty had little effect overall on the committing of murder. Additionally, 91.6% said that
increasing the frequency of executions would not add a deterrent effect, and 87.6% said that
speeding up executions wouldn't work either. (THE PENAL CODE, 1860, 2010)

Public opinion also reflects these findings. In a 2006 Gallup Poll, only 34% of respondents
agreed that the death penalty acts as a deterrent to the commitment of murder, that it lowers the
murder rate. In 2004, 62% of people said the death penalty was not a deterrent. By contrast, in
1985, 62% believed the death penalty acted as a deterrent to murder.

(Lacoc, 2009)

21

In a Nutshell
Yes

No
1. Financial costs to taxpayers of capital
punishment is several times that of
keeping someone in prison for life.

1. The death penalty gives closure to the

victim's families who have suffered so
much.

2. It is barbaric and violates the "cruel and

unusual" clause in the Bill of Rights.

2. It creates another form of crime

deterrent.

3. The endless appeals and required

additional procedures clog our court
system.

3. Justice is better served.

4. We as a society have to move away

from the "eye for an eye" revenge
mentality if civilization is to advance.
5. It sends the wrong message: why kill
people who kill people to show killing
is wrong.
6. Life in prison is a worse punishment
and a more effective deterrent.
7. Other countries (especially in Europe)
would have a more favorable image of
America.
8. Some jury members are reluctant to
convict if it means putting someone to
death.
9. The prisoner's family must suffer from
seeing their loved one put to death by
the state, as well as going through the
emotionally-draining appeals process.
10. The possibility exists that innocent men
and women may be put to death.

22

4. Our justice system shows more

sympathy for criminals than it does
victims.
5. It provides a deterrent for prisoners
already serving a life sentence.
6. DNA testing and other methods of
modern crime scene science can now
effectively eliminate almost all
uncertainty as to a person's guilt or
innocence.
7. Prisoner parole or escapes can give
criminals another chance to kill.
8. It contributes to the problem of
overpopulation in the prison system.
9. It gives prosecutors another bargaining
chip in the plea bargain process, which
is essential in cutting costs in an
overcrowded court system.

11. Mentally ill patients may be put to

death.
12. It creates sympathy for the monstrous
perpetrators of the crimes.

(Death Penalty Information Center, 2016)

In Bangladesh penal provisions have been mad in Penal Code* 1860.Thefollowing eight
types of offences is punishable with death:

Murder : Sec-302
Laws in Bangladesh which Deal with Capital Punishment:
Murder by life convict: Sec-303
Abatement of suicide of child or insane person: Sec-305
Attempt to murder by life convict causing hurt: Sec-307
Dacoit with murder: Sec-396
Giving or fabricating false evidence with to procure conviction of capital
offence: Sec-194
Waging or attempting to wage war against Bangladesh: Sec-121
Abatement of mutiny: Sec-131
Other Laws in Bangladesh which Deal with Capital Punishment:
Section 19A of the Arms Act, 1878, deals with capital punishment. Section 25 B of the Special
Powers Act permits death penalty. Provisions of the Section, 7-9 of the Nari-O- Shishu Nirjatan
Daman Ain, 2003 permits capitalpunishment for the criminals under this Act. Besides these some
provisionsof some other laws deal with capital punishment in Bangladesh. AcidSantras Ain is
one of the most important Acts in this category. (THE PENAL CODE, 1860, 2010)

23

Countries follow it and not/ reasons

Every day, people are executed by the state as punishment for a variety of crimes sometimes
for acts that should not be criminalized. In some countries it can be for who you sleep with, in
others it is reserved for acts of terror and murder. Some countries execute people who were under
18 years old when the crime was committed; others use the death penalty against people who
suffer mental problems. Before people die they are often imprisoned for years on death row.
Not knowing when their time is up, or whether they will see their families one last time.
Most countries including almost all First World nations have abolished capital punishment either
in law or in practice. Notable exceptions are the United States, China, North Korea, Japan, and
most Islamic states. The U.S. is the only Western country to use the death penalty. Since World
War II, there has been a trend toward abolishing the death penalty. 36 countries retain the death
penalty in active use, 103 countries have abolished capital punishment altogether, six have done
so for all offences except under special circumstances, and 50 have abolished it in practice
because they had not used it for at least ten years or are under a moratorium. (Amnesty
International USA, 2016)
According to Amnesty International, Death penalty worldwide 25 countries are known to have
performed executions in 2015, three more than in 2014. There are countries which do not publish
information on the use of capital punishment, most significantly China and North Korea which
are belong socialism or communism society. Historically, capital punishment has been used in
almost every part of the world. Currently, the large majority of countries have either abolished or
discontinued the practice. As of June 2016, of the 198 independent states those are United Nation
members or have United Nation observer status. Following are lists of countries in the four
categories: abolitionist for all crimes, abolitionist for ordinary crimes only, abolitionist in
practice and retentionist. as of 20 June 2016.

24

 Abolitionist for all crimes: 103 countries

have abolished it for all crimes;
Abolitionist for ordinary crimes only: 6
countries have abolished it, but retain it for
exceptional or special circumstances (such as
crimes committed in wartime);
Abolitionist in practice: 31 countries retain
it in both law and practice.
Total abolitionist in law or practice: 140
Retentionist:58 countries retain it, but have
not used it for at least 10 years or are under a
moratorium.

Source:
(Amnesty

International USA, 2016)

The
reasons of countries follow:
We can see that most of the populated countries follow to death penalty. Most
executions occur in a handful of countries: China, Iran, Saudi Arabia and the United States.
Some Muslim countries belong like Middle East countries to as capital punishment. Sharia Law
or Islamic law may require capital punishment; there is great variation within Islamic nations as
to actual capital punishment. Apostasy in Islam and Stoning to death in Islam is controversial
topics. Furthermore, as expressed in the Qur'an, capital punishment is condoned. Although the
Qur'an prescribes the death penalty for several "hadd" (fixed) crimes including rape, murder is
not among them. Instead, murder is treated as a civil crime and is covered by the law of "qisas"
(retaliation), whereby the relatives of the victim decide whether the offender is punished with
death by the authorities or made to pay "diyah" (wergild) as compensation. And some socialism
countries like North Korea and China in top in the Amnesty website. (Capital punishment,
2016).Some reasons describe

25

 It deters bad people to commit heinous crimes.

One reason supporters of the capital punishment are for death penalty is its effectiveness
as a crime deterrent. According to the advocates for death sentencing, potential criminals
will be scared to suffer such harsh punishment and as a result, they will be hesitant to
commit crimes like rape and murder. In fact, for them, it is the greatest deterrent of
criminal acts. If an offender commits a crime that is punishable by death and gets
executed, this will be known by the public, including those who are potential criminals.
For fear of suffering the same plight, they will be discouraged to commit crimes.
According to Daily Star International Crimes Tribunal (Bangladesh) (ICT of
Bangladesh) is a domestic war crimes tribunal in Bangladesh set up in 2009 to investigate
and prosecute suspects for the genocide committed in 1971 . It gives the justice to
Bangladeshi people.
It is what hardened criminals deserve.
Some of the crimes that are under capital punishment include murder and rape, depending
on the country or state legalizing the practice. For pro-death penalty, there are criminals
who are repeat offenders and not scared to rape and murder again, knowing they will only
be imprisoned. These types of people and those who cannot be transformed should be put
to death to project the majority. According to Times of India, 2012 Delhi rape case Jyoti
Singh Pandey which gives the justice to that ladies.
The government need not spend for criminals who are murderers and such.
If there will be no death penalty, criminals who have committed grave offenses will only
get life sentences and stay in prison. With the increasing number of incarcerated
individuals, the government will be spending more and more on food and health care of
these inmates. According to some critics, spending for people committing heinous crimes
is impractical and a waste of taxpayers money.
It reduces the number of committed crimes.
People who are for death penalty posit that without it, the number of major crimes like
murder and homicide will escalate since bad elements will not be afraid to do whatever
they want., from dealing drugs to killing other people. Without harsh punishments for
their offenses, criminals will be taking advantage of weaker people and victims.
It is humane, clean and safe.
Advocates for the death penalty claim that with lethal injection being practiced by more
states and countries over other forms of death sentence executions, it is the better option.
Death by lethal injection is not as barbaric as hanging or firing squad that can be messy
and more painful. Capital punishment in China is a legal penalty in the People's Republic
of China. It is mostly enforced for murder and drug trafficking, and executions are carried
out by lethal injection or shooting.
(deathpenaltyworldwide, 2016)
26

The reasons of countries dont follow:

Capital punishment was widely applied in ancient times throughout the world. In Europe Union
nation also abolish the capital punishment. The modern movement for the abolition of capital
punishment began in the 18th century with the writings of Montesquieu and Voltaire. Some of
the first countries to abolish capital punishment included Venezuela (1863), San Marino (1865),
and Costa Rica (1877). Today, over half the countries in the world have abolished the death
penalty either by law or through practice. Since 2000, Chile, Yugoslavia, Serbia, Montenegro
and Turkey have joined the list of abolitionist countries In Great Britain, it was abolished (except
for cases of treason) in 1971; France abolished it in 1981. Canada abolished it in 1976. In 1977,
the United Nations General Assembly affirmed in a formal resolution that throughout the world,
it is desirable to "progressively restrict the number of offenses for which the death penalty might
be imposed, with a view to the desirability of abolishing this punishment". (Capital punishment,
2016)Some reasons describe
Innocent people are wrongly executed.
One of the arguments of opponents of death penalty is the inevitability of sending
innocent people who are wrongly accused to death row and eventually execution. The sad
thing about this, according to those who are opposed is that innocence is proven after the
execution has been carried out.
In relation to free will, some criminals are suffering from mental illness or are
having clouded judgment at the time of the crime.
Opponents contend that there are instances where people commit pre-meditated crimes
and are aware of what they are doing. However, it does not discount the fact that crimes
can also be committed out of passion or extreme anger triggered by a situation which
makes an offender act on impulse. There are also those who are suffering from mental
illnesses and are not taking medication which can lead to them committing offenses they
have no control of.
It is an added cost to the government and taxpayers money.
With the argument that life imprisonment with no parole is more expensive, opponents
say that in general, the government spends more taxpayers money in handling cases of
death row inmates. This is due to the length and complexity of trials, the number or
defenders to be hired and the overall process. They contend that there are two trials the

27

state will spend for. One is for the verdict and another for the sentencing, not including
the number of appeals that will be submitted while keeping the convicted prisoner inside
maximum security.

Death penalty is a form of revenge.

While proponents say that imposing capital punishment is a form of retribution, that is, to
punish who has committed a crime, opponents argue that it is revenge. For the latter, to
avenge a crime committed to another individual may be understandable but killing
someone for murdering another person is also unconstitutional. It is crime in itself that is
only masked by the term capital punishment and in truth, only continues the series of
violence.
It is a platform that is anti-poor and discriminatory.
Those who are death row inmates and sentenced to death are mostly based on racial
discrimination as evidenced by a high percentage of inmates being African-American and
members of the minority. Moreover, accused individuals who are poor are mostly the
ones who get the death penalty for the reason that they lack the finances to seek for great
and powerful defense attorneys. They dont have the money to pay for good defense.
(Guardian News and Media Limited or its affiliated companies, 2016)

28

Other Sentences Adequate:

The death penalty is the ultimate possible punishment. But there are some other adequate
punishments too. This is due to the negative side of the practice of capital punishment. Many
argue that the death penalty does not really deter criminals from committing offenses. This is
because there are criminals who suffer from mental illnesses and a death sentence will not be
able to prevent them from doing bad things they cannot control without proper medication. The
legal systems in most countries have flaws. There are many instances where innocent people are
sent to jail and convicted of crimes they have not committed just like there is a case of a man
who was imprisoned for 30 years for rape. If all people who are convicted will be executed,
mistakes will be made and many people will be put to death through legal injection even if they
do not deserve to be. Critics of death penalty contend the view of supporters that feeding the
inmates is more expensive than death penalty. On the contrary, the drugs used in lethal injection
and other expenses related to the execution are more costly. One of the disadvantages of this
practice is the reality that some of the people who have been involved in the process suffer from
depression out of guilt from having to end another persons life. Some of this people end up
committing suicide and others have to suffer living the remaining years of their lives tormented
with the thought.

According to a research, there are many people who have participated in executions whose lives
were later destroyed. Some turned to drugs and alcohol to feel better. There was an incident
where a person who underwent lethal injection did not die right away and it took more than 30
minutes for him to die from a heart attack. This was traumatic not only for the person being
executed but also for the people who witnessed the incident since they saw the man gasping for
air and trying to stand up. For people who are against death penalty, this is not a humane thing to
do. Moreover, they say that if a criminal is executed and after the execution, a new piece of
evidence comes out that would have proven the persons innocence, he or she can never be
brought back to life anymore. With the ongoing issue on the availability of lethal drugs and the
outcry for abolishment, the death penalty continues to be a divided issue. Whether it is indeed
good for society or a form of revenge, perhaps, depends on the values and experiences of an
individual.

29

As we can see that there is a fine contradiction about the practice of capital punishment in many
places and some are just against this concept of punishment as they think it to be a murder. So,
let us take a closer look into if there are any other adequate sentences other than the capital
punishment.

The next best alternative for death penalty is life imprisonment. There has always been a conflict
in between the practice of a life sentence and the capital punishment. Some support the first one
and it seems to be one of most adequate sentence other than the capital punishment. This is
because of the negativity of this ultimate punishment that has been discussed earlier.

But the term Life sentence has different meaning in different countries :
Life or long-term sentence for a determinate number of years, after which the prisoner is
released with no further restriction.
Life sentence for a minimum number of years, after which, at a certain defined point, the
prisoner may be considered for release.
Imprisonment until (natural) death, with no possibility of release (LWOP), and/or with a
possibility (theoretical or realizable) of a pardon.

In Bangladesh, as per the chapter 3 of punishment, there are five other punishments than death
penalties. The second one is the life imprisonment. Here, the criminal is taken behind the bars for
the life time. The third one is omitted by the Criminal Law (Extinction of Discriminatory
Privileges Act 1949). The fourth one is also imprisonment but it has two other categories. One is
Rigorous and the other is Simple. The Rigorous one is an imprisonment where the criminal has
to work as a labor for the period of imprisonment. In the Simple category, it is just the
imprisonment for that particular period of time only. The fifth one is the forfeiture of property.
This is when the criminals property is taken away in the possession of the court in order to pay
off the victim. The last and the sixth one is the fine. This is basically monetary payment made to
the victim from the criminal.. In this case, its not a serious crime as this can be legally solved
with the involvement of money.
The above discussed criteria are the other sentences other than the death penalty that is practiced.
(Human Rights Watch, 2016) & (Odhikar, 2016)

30

Future

31

Public awareness and demand:

32

Conclusion and Recommendation

33

Bibliography
Amnesty International USA. (2016). About us. Retrieved from Amnesty International
USA: http://www.amnestyusa.org/
Capital punishment. (2016, August 2). About us. Retrieved August 2, 2016, from
Wikipedia: https://en.wikipedia.org
Death Penalty Information Center. (2016). About us. Retrieved August 2, 2016, from
Death Penalty Information Center: http://www.deathpenaltyinfo.org
deathpenaltyworldwide. (2016). About us. Retrieved from deathpenaltyworldwide:
http://www.deathpenaltyworldwide.org/index.cfm
Guardian News and Media Limited or its affiliated companies. (2016). About us.
Retrieved from The Guardian : www.theguardian.com
Human Rights Watch. (2016). About us. Retrieved from Human Rights Watch:
https://www.hrw.org/
Lacoc, M. R. (2009). "Do Executions Lower Homicide Rates? The Views of Leading
Criminologists," 99 Journal of Criminal Law & Crimonology . Northwestern
University .
Odhikar. (2016). About us. Retrieved from Odhikar: http://odhikar.org/?
s=death+penalty
Randa, L. (1997). Society's Final Solution: A History and Discussion of the Death
Penalty. Chicago: University Press of America.
THE PENAL CODE, 1860. (2010). Copyright. Retrieved from THE PENAL CODE, 1860:
http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=1

34

Questionnaires

The Death penalty: should it be abolished?

We, are the students of East West university, are currently doing the course legal environment of
Business as a part of our BBA program. As per requirement of this course, we need to find out
peoples opinion on the term The Death penalty: should it be abolished? We humbly request
you to control to our survey by giving the necessary information. We can ensure that all the data
provided by you will be kept confidential, and wont be used except for our academic purposes.

35

1. Gender?

Male

Female

2. Occupation?

Student

Businessman

Service holder

Others

3. Age?

18-22

23-28

29-32

32 or above

4. The Death penalty: should it be abolished? What is your opinion about it?

It should be established

It is better than life imprisonment

It is not a good option for punishment

Depends on the situations

5. Do you believe the Death Penalty is the right penalty for:

Strongly agree

Somewhat agree

Murder
Mass-Murder
Rape
36

Somewhat
disagree

Strongly
disagree

Kidnap
Treason

6. Do you think that it is better to compensate the victim family rather than penalize murderer?

Yes

No

7.Do you think Life imprisonment can be a better punishment rather than death penalty?

Yes it is

No it cant be a good decision

Compensate the victim family will also be included

Others (

8. Do you think death penalty is the only solution to reduce crimes?

Yes it is coz it create the example aginst the crime

No it is coz it create the human violation

Others

9. If the death penalty was abolished, do you think the murder rate would :

37

Increase

Decrease

None

10. Do you think the death penalty is being used efficiently in the Criminal Justice System?

Yes

No(Explain please)

11. Do you feel that those who are facing the death penalty should be given another chance to
rectify themselves ? Please explain your choice.

Yes..they should get another chance

No..they shouldnt get another chance

12. Do you think that by eliminating the death penalty people will still be afraid commit a serious
crime?

Yes
38

No

39