Does the death penalty end the crime? 

Advocate Rishi K.B.
October 30th, 2020

“Hang the criminal”, this voice is being heard loudly now. But the major question is, “Is that the best solution for emerging problem regarding Crime?”  Let’s have another question, “Does the death penalty end the crime?” We have different perceptions on this. So, let’s discuss on the topic. At first, we have to look the definition of crime. According to Criminal Code, 2074 (2017), “Offense” means an act punishable under this Act or law. IN fact, Law makes no difference in the words crime and offence. As a noun, Crime is an action or omission which constitutes an offence and is punishable by law and as a verb Crime is charge with or find guilty of an offence. The general principle of criminal law is that no person shall be subject to criminal liability unless his or her act is clearly prohibited by criminal law and the prohibited act. Criminal intent must be proven for Crime. That is, as long as no prohibited act (Actus Reus) is committed with a criminal intent (Mens Rea), the person cannot be made a party to punishment in a criminal case and cannot be held liable to criminal liability. In short, to be listed as crime, there must be prohibited act (Actus Reus) with a criminal intent (Mens Rea). But the action or prohibited act (Actus Reus) with a criminal intent (Mens Rea) is enough to “Hang the criminal”. Answer is “NO”. Because, there are different causes to commit “Crime”. It is wrong to look at the various causes of crime in the same light.

Be tough on Crime is not related to tough to criminal. Causes maybe Nature or Nurture, Criminal commits crimes. Nature is influenced by genetic inheritance and other biological factors. Whereas, Nurture is generally taken as the influence of external factors after conception, e.g., the product of exposure, life experiences and learning on an individual. Without knowing and finding the internal influencing factor like Mania and phobia, mental disorder, that cause the Person to commit crime, we cannot judge, it will not be talking about time; it means we are talking about the opposite. We must focus to end crime not criminal. Different developed countries have experiences that after reducing or stopping death penalty, Crime decreases in surprising way. There is not the slightest credible statistical evidence that capital punishment (Death Penalty) reduces the rate of homicide (Crime). Fear of the death penalty may cause a few to hesitate, but certainly not enough to keep it in force. The point here is that preventing crime takes long-term research into the causes, effective investigation and rehabilitation. All of which can happen without the use of the death penalty. A death sentence deprives people of the opportunity to reform.

By nailing the culprit and force them to ‘Prove them themselves innocent, because of our traditional investigative process and thinking of or convicting an innocent’ person being guilty during the charge may mislead innocent to the death penalty. After hanging the innocent do we can bring back the life of those who were sentenced to death by some error or due to that systems make mistakes.

As turning into humanity from Stone Age to new modern era, “Tit for Tat” concept and killing another human isn’t humane, not even close and it is simply vengeful and cruel. Speaking against the death penalty in this way, it can be said that you will realize when such an incident happens in your own house. But see in different perception, what will be the experience of family members whose one member sentenced to death? Is it fair to punish those persons’ entire family for his wrong deed? Will be that a good sign for a civilized society? In our Criminal Code, there is provision of life imprisonment as long as he is alive. In this Code, any offender who commits offenses like brutally tortured or brutally killed, hijacked or blown up, kidnapped or taken hostage, poisoning in publicly consumed beverages or foods, committing or committing genocide to destroy the very existence of any caste, race or community and Killed by force shall be sentenced to life imprisonment as long as he is alive. Life imprisonment as long as he is alive without parole in a maximum-security detention facility is the better alternative.

The death penalty is morally, socially and politically wrong. Morally, killing is wrong. Killing on behalf of a state is wrong as well. Some may believe that the death penalty is a just and moral punishment for the most serious of crimes; victims and their families are morally entitled to long for revenge. No national interest can justify human rights violations such as the death penalty or torture.

Capital punishment as Death Penalty has no deterrent effect on crime, wrongly gives governments the power to take human life, and perpetuates social injustices by disproportionately targeting people of different race, culture, etc. and people who cannot afford good defense lawyer. It becomes a way to punish political opponents who might want to take their country in a different direction. So, Lifetime jail sentence is more severe and less expensive punishment than death. The answer of question, Does the death penalty end the crime? Is “NO”.

(Advocate K.B. has good experience as Criminal Defense Lawyer. He was also associated in Public Defender Society Nepal as Advocate. He is Chairperson of Makawanpur District Court Bar Association.)

यसमा तपाइको मत

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