ST.

JOSEPH HIGH SCHOOL

CARIBBEAN EXAMINATION COUNCIL

CARIBBEAN ADVANCED PROFICIENCY EXAMINATION

INTERNAL ASSESSMENT

for

LAW

NAME OF CANDIDATE: Tremayne Allen

CANDIDATES NUMBER:

TEACHERS NAME: Ms. Burch- Smith

SCHOOL CODE: 090045

TERRITORY: Guyana

YEAR: 2016
Contents
Pages
 ACKNOWLEDGEMENT
The completion of this study was made a success by the assistance of others. My gratitude is
extended to the Almighty God, my parents and Ms. Burch-Smith for their guidance throughout
my study.

I am also extending gratitude to the residents of the Tucville community that filled out the
questionnaires provided.
 How do religious principles affect the legal system on law and morality?

HYPOTHESIS
Should the penalty for unacceptable behavior warrant the death penalty like old days of the Old
Testament or should our legal system conform to the more modern approach of mercy and
forgiveness as located in the newer scriptures.

AIMS AND OBJECTIVES

To define the death penalty.
To examine the propositions of the legal theories as it relates to the
connection of law and morality.
To assess the relationship between religious principles and the death penalty.
To discuss retribution as an aim of punishment.
 INTRODUCTION

The research is to examine how religious principles affect the death penalty and morality of law.
The death penalty, also called capital punishment is the sentence of execution of some other
capital crimes (serious crimes, especially murder, which are punishable by death). According to
the Death Penalty Information Center (DPIC), the first established death penalty laws date as far
back as the Eighteenth Century B.C. in the code of King Hammuarbi of Babylon; this codified the
death penalty for 25 different crimes. Death sentences were carried out by means of crucifixion,
drowning, beating to death and burning alive.

In the tenth Century A.D, hanging became the usual method of execution. In Britain, by the 16 th
century, under the reign of Henry VII, 72,000 people were executed for capital offences such as
marrying a Jew, not confessing to a crime and treason by some common methods such as
burning at stake, hanging, beheading, drowning and quartering.

By 1700s, 222 crimes in Britain were punishable by death including stealing and cutting down
of trees. Many juries didnt convict defendants of crimes not serious due to the severity of the
death penalty. From 1823 to 1837, the death penalty was eliminated for 100 of the 222
punishable by death crimes Randa 1997).

In the Old Testament the death penalty is frequently advocated. First, death penalty for working
on Sabbath, cursing ones parents, cursing God, kidnapping, adultery, sacrificing to false gods,
etc. some of the old sayings had been useful at the time but no longer.
 COVER LETTER
St. Joseph High School
Wholford Avenue
Georgetown, Guyana
2016- 03-

Dear respondent,
I the undersigned, a student of St. Joseph High School, hereby requests your cooperation in
completing the questionnaire which follows this cover letter. The purpose of this questionnaire
is to gather data to analyze how religious principles affect the legal system in morality and law.
This information will be treated with strict confidentially.
Yours truly
.
Tremayne Allen
 QUESTIONNAIRE
1. SEX?
Male
Female
2. Age range?
20-30
31-40
41 and above
3. Religion?
Christian
Muslim
Hindu
Other
4. What is the most effective positive argument on the death penalty?
it defends human dignity in the strongest way
it prevents the perpetrator from committing more crimes
its the only punishment for violent crimes if justice is to be served
it gives peace of mind to the victims family
5. Which is the most severe negative effect of the death penalty?
it is cruel and inhumane; the idea of killing another for killing is inherently hypocritical
it is more expensive than supporting the prisoner for the remaining of his/ her life
it is telling public, it is acceptable to kill as long as you have power over the person you
are killing
6. Would you suggest that the capital punishment be incorporated in the legal system? And
why? yes
no

..
7. How do religious principles influence the morality of the law?
positively
negatively
8. Retribution is defined as the act of punishing or taking vengeance for something
wrongdoing, sin or injury. Would you suggest it as an aim of punishment for capital
offences?
yes no
9. Which of these crimes you believe deserving the death penalty?
murder
rape
burglary
treason
human and drug trafcking
none
10. Should persons who have committed major crimes e.g. murder be given a
second chance in society? no
yes
 give a reason for your answer


11.Would it be fair to pardon a first time offender?
no
yes
12. In response to question 11, give a reason for your answer
the defendant may commit the act again
everyone deserves a second chance
it would encourage other persons to commit crimes knowing they will be pardon if its
their first offence the offenders may learn from their
mistakes
13.In modern times, is it of best interest that religious beliefs be applied into the legal
system (morality of law)? yes
no
not sure
14.Should the legal system consider effects of the death penalty or inly positive?
positive
negative
positive and negative
15.What punishments do you suggest be done about repetitive law
offenders? ............................................................................................................................
.......................................................
 METHODOLOGY
To complete this internal assessment on religious principles affect the legal system on law and
morality, the researcher applied both primary and secondary sources of data collection.
Questionnaires were used as a primary source of data collection while text books and internet
were secondary data collection sources. Both quantitative and qualitative approaches were
applied.

Questionnaire is a set of printed or written questions with choice of answers, derived for
purpose of survey or statistically study, the researcher utilized questionnaire samples of data
collection method. The questionnaire comprised of eighteen questions, both open ended and
close ended questions were applied. Questionnaire was also chosen as it is easily analyzed, less
time consuming, less intrusive than interviews and dace to face surveys and it is confidential.
However, questionnaire lacks validity, respondents may read each question differently and
respond based on their interpretation of the question, and theres no way to tell how truthful
the respondent is being.

A sample can be defined as a subset of a population that is used to represent the entire group
as a whole. Simple random sampling is a type of probability sampling which was chosen for the
survey. The researcher incorporated the lottery method of simple random sampling; each house
lot in Edun Street Tucville was thoroughly mixed in a bowl. The researcher was then blind folded
and picked out 25 lots form the bowl. However, only youths between 13 -18 years were asked to
answer questionnaire. All questions were distributed on 2016/03/14 and collected on
2016/03/17.
Figure 1: pie chart displaying respondents opinion on whether in modern times religious
principles should be applied in the legal system (law and morality).

Chart Title
NUMBER OF RESPONDENTS yes
no not sure

24%
35%

41%

In response to question 13, 35% of respondents are not sure whether in modern times if it is of
best interest for religious beliefs to be applied into the legal system, 24% of respondents
assume that yes in modern times religious principles should be applied into the legal system
and 41% of respondents believe religious principles doesnt necessarily have to be applied into
the legal system.
Figure 2: bar graph displaying respondents beliefs on what is the most effective positive
arguments on the death penalty.

NUMBER OF RESPONDENTS

gives peace of mind to victim's family

only punisment for violent if justice is to be served NUMBER OF

RESPONDENTS

prevents the perpetrator from committing more crimes

defends human dinity in the strongest way

012345678
In response to question 4, what is the most effective positive argument on death penalty, 53%
of the respondents believe that the death penalty the perpetrator from committing more
crimes, 27% of respondents believe the death penalty gives peace of mind to the victims
family, only 13% of respondents believe it is the only punishment for violent crimes if justice is
to be served, while the remaining minority of 7% of respondents believe the death penalty
defends human dignity in the strongest way.

Figure 3: the donut chart below shows respondents opinion on whether retribution be an aim
of punishment
 NUMBER OF RESPONDENTS
yes no

13%

87%

In question 8, respondents were given the legal definition of retribution and were asked if they
believe it should be an aim of punishment for capital offences. 87%responded yes indeed
retribution should be aim of punishment and the remainder of 13% responded that retribution
should not be an aim of punishment for capital offences.

Figure 4: a column graph displaying the most severe negative effect of the death penalty
 NUMBER OF RESPONDENTS
7

NUMBER OF
4 RESPONDENTS

0
it is inhumane; the idea of killing another for killing is inherently hypocritical
 FINDINGS
A death penalty is the sentence of execution for murder and some other capital crimes
(serious crimes, especially murder, which are punishable by death). The death penalty,
or capital punishment, may be prescribed by Congress or any state legislature for
murder and other capital crimes. The Supreme Court has ruled that the death penalty is
not a per se violation of the Eighth Amendment's ban on cruel and unusual punishment.
Furthermore, the Sixth Amendment does not require a jury trial in capital crime cases. 1

Art 40. (1) provides;

Every person in Guyana is entitled to the basic right to a happy, creative and
productive life, free from hunger, disease, ignorance and want. That right
includes the fundamental rights and freedoms of the individual, that is to say,
the right, whatever his rave, place of origin, political opinions, colour, creed or
sex, but subject to respect for the rights and freedoms of others and for the
public interest, to each and all of the following, namely (a) life, liberty, security
of the person and the protection of the law.2

The man who was convicted by a 12- member jury for the murder of Nellis Hope
murder of Nellis Hope, a female security guard, has been sentenced to death. Joseph
Craig killed Hope on February 10, 1998 while she was on duty at the Guyana National
Engineering Corporation (GNEC) wharf. He had been represented by attorney- at-law
James Bovell-Drakes while State Counsel Jolyon Hatmin in association with Nyasha
Williams and Yohhannseh Cave represented the state.3

1 http://l.facebook.com/l.php?u=http%3A%2F%2Fdefinitions.uslegal.com%2Fd
%2Fdeath-penalty-law%2F&h=SAQEEHAdN

2 http://www.constitution.org/cons/guyana.htm

3 http://www.landofsixpeoples.com/news02/ns205305.htm
Guyanas law usually states (without providing for alternatives) that an individual
convicted of a capital offense shall be liable to suffer death as a felon. In addition,
legislation provides that murder and felony murder in the course of terrorism are
punishable by death. While this language is ambiguous, under Article 19 of the
Criminal Law (Offences) Law, courts may not substitute punishments not specifically
stated for death-eligible offenses, so courts appear to have no discretion in sentencing.
Article 164 of the Criminal Law (Procedure) Law provides that when a person is
convicted of an offense punishable by death, the Court shall thereupon pronounce
[the] sentence of death.

RECOMMENDATION
In order to eradicate the issue of the capital punishment (death penalty) the following
recommendations were offered:

The government of Republic of Guyana should implement Retribution as an aim of

punishment; retribution rests on the notion that if a person has knowingly done wrong,
he or she deserves to be punished.
This idea was at the heart of the previous Conservative Government's White Paper
"Crime, Justice and Protecting the Public" (1990). The Government's aim, repeated
several times, was to ensure that convicted criminals receive their 'just deserts'. The
effectiveness of retribution would be punishing offenders satisfies the requirement that
where a rule imposes a penalty for its own breach, that penalty must be imposed when
the rule is broken.
Protection of the public is another recommendation which is one of the major
justifications claimed for punishment. For example, imprisonment leads to the
incapacitation of offenders so that they are prevented (at least temporarily) from
offending against the public at large. Imprisoning an offender will prevent him from
committing crimes against members of the public.
The punishment of deterrence is also recommended for offenders- specific deterrence is
concerned with punishing an individual offender in the expectation that he will not
offend again.
- General deterrence is related to the possibility that people in general will be deterred
from committing crime by the threat of punishment if they are caught.
The researcher believes if these recommendations are met, capital punishment will no
longer be an issue of concern.