INTRODUCTION

Many that live deserve death. And some that die deserve life. Can you
give it to them? Then do not be too eager to deal out death in
judgement.
J.R.R. Tolkien, The Fellowship of the
Ring
The term capital is derived from the Latin capitalis ("of the head",
referring to execution by beheading) It is a government sanctioned
practice whereby a person is put to death by the state as a punishment
for a crime. Capital punishment, also called death penalty, execution of
an offender sentenced to death after conviction by a court of law of a
criminal offense. The sentence that someone be punished in such a
manner is referred to as a death sentence, whereas the act of carrying
out the sentence is known as an execution. Capital punishment should
be distinguished from extrajudicial executions carried out without due
process of law. The term death penalty is sometimes used
interchangeably with capital punishment, though imposition of the
penalty is not always followed by execution (even when it is upheld on
appeal), because of the possibility of commutation to life imprisonment.
The punishment has since been abolished by almost 139 countries of the
world and amongst those who retain it, partially or wholly include
countries in Asia including India, Pakistan and China, Latin America and
Caribbean including Trinidad & Tobago and Cuba, North America
including the USA.
Capital punishment is always associated with ignorance and intolerance.
In fact, we must acknowledge that some people disagree with this kind
of penalty, but others vote in its favour. Portugal was the first European
country to end this kind of penalty. Since the 19th century, tolerance
and respect for life are important values. Moreover, we can affirm
that all the Europe remains under the same codes. Maybe because of a
religious view point, the respect for life is a typical value in the Old
Catholic world.

SYNOPSIS
Debates about capital punishment usually play to the emotions.
Contemporary Western culture is saturated with arguments that call for
its abolition. These arguments take various forms for example,
purported Eighth Amendment immunity, the fallibility of the criminal
justice system, excessive governmental power, the insufficiency of
revenge as a motive, a purported lack of statistically verifiable

deterrence, the possibility of executing an innocent person, a purported

racial imbalance in executions, and among some Christians, the
annulment of Mosaic Law.
In addition, the media play an ever-expanding role in shaping the
contours of ethical discourse. Film and television exert an inordinate
influence on our perception of reality. Television alone packs an
enormous psychological punch. In reporting on capital punishment
cases, TV will not engage the public with a reasoned exchange of
viewpoints; rather, it uses powerful visual stimuli to impart the
impression that executions are repugnant and morally reprehensible. In
the end, debates over the death penalty are more a spectator sport than
a quest for truth and justice.

The basic purpose of criminal laws of any nation is the reformation of

offenders and not retribution. But it is also the responsibility of the same
state to protect the interests of the society at large and reiterate the
society's faith in system of justice and capital punishment may be a
means to this end.
Capital punishment is the most irreparable crime governments
perpetrate without consequence, and it must be abolished. Were only human, we all make mistakes, is a commonly used phrase, but it is
tried and true. Humans, as a species, are famous for their mistakes.
However, in the case of the death penalty, error becomes too dangerous
a risk. The innocent lives that have been taken with the approval of our
own government should be enough to abolish capital punishment.
According to Amnesty International, The death penalty legitimizes an
irreversible act of violence by the state and will inevitably claim innocent
victims. If there is any chance that error is possible (which there always
is), the drastic measure of capital punishment should not be taken. Also,
it is too final, meaning it does not allow opportunity for th accused to be
proven innocent, a violation of the Fifth Amendment which guarantees
due process of law.
According to Amnesty International, The death penalty violates the
right to life. Capital punishment contradicts our moral beliefs and claims
of a fair and just government. The death penalty is favoured by some as
an effective deterrent of crime; however, it is proven that states with the
death penalty actually have higher murder rates than those without. It
can be said that the death penalty is the most overlooked form of
government hypocrisy; we murder people who murder people to show

that murder is wrong. It is this contradiction in policy that confuses

criminals and undermines any crime deterrence capital punishment was
intended to have.
However, capital punishment is also viewed as a means of vengeance for
the victims/ families of the victims of such barbaric acts. But this is far
from being the aim of capital punishment as it is not always possible to
hand out the sentence in every instance where the family/ the public at
large believe that it is the most suitable punishment. A good example of
the same is the Indian case involving Dara Singh who burned alive Mr.
Graham Staines, an Australian missionary and his 8-year-old son in
1999. The Supreme Court, dismissing the CBI's plea for death sentence
said that the case did not fall within the framework of 'rarest of rare
cases'
The liberty of life of a person cannot be at the cost of another or in most
cases several others in the society. Therefore, capital punishment meted
out to serial killers, rapists and terrorists, who have no consideration for
human life and are blinded by lust, power and misguided by unethical
considerations restores the people's faith in the judicial system.
However, the judiciary has an obligation to be prudent in the use of this
sentence and act upon a well-founded and unbiased judgement in its
decisions. To conclude, every act performed in moderation always
results in greater good for oneself and the people around.

CONCLUSION
Maybe this is not a simple question. As we can see there are several
values here and of course cultural behaviour. The roots of the question
are religious, cultural, ethical and even geographical. The world is
divided and the law systems show this division. The solutions, however
can lead us to other questions concerning revenge and justice. It will
be better to kill a person because of his crimes? Can we admit that a life
sentence could be a much better sentence? In fact, rehabilitation is the
right way especially with an accurate psychological evaluation first.
Some people are lost forever, and in my opinion some murderers and
other criminals will suffer more in jail. In this sense, capital punishment
is an easy way out.