Should Death Penalty be Allowed?

As on January 1998, amongst the 50 states in the USA, 38 states and the federal government have implemented death penalty laws. Capital punishment as it is called legally, is a lawfully imposed death as a punishment for crime. Many countries in the world have provisions for a capital punishment in their legal system, while quite a few do not. Consequently, the burning debate on whether this form of punishment must be allowed or not is an extremely complicated issue with umpteen intertwining. Moreover, it has created a sort of divide between countries and across cultures.

Death Penalty - Why and Why Not

Having described the great divide regarding the issue, it would not be a bad idea to describe what are the reasons why some countries support it and why some governments do not. For starters, some of those in favor are of the mindset that capital punishment is important to set an example for criminals. Jeremy Bentham, an English jurist, philosopher, and legal and social reformer opined with regards to punishment in these words " The punishment suffered by the offender presents to every one an example of what he himself will have to suffer if he is guilty of the same offense." Another reason for backing a death penalty is that those who hurt or bring harm to others have to be punished. In some cases it also a kind of a retribution by those who take care of law and order on behalf of the victims.

Contrarily, the number of reason why it should not be implemented outnumber the former. The argument starts from killing a human being is unethical. Another opinion is that capital punishment is not used with discretion especially, against the poor and racial, religious and ethnic minorities. Further, if the criminal turns over a new leaf through rehabilitation, it could be good for the society. If, God forbid, an innocent is given the penalty, it can be immensely tragic. Finally, the Roman Catholic Church has touted it as not being 'pro life'. These arguments in connection with 'should capital punishment be allowed' really throw us in a sea of confusion.

Judicial Decision Against Death Penalty

One of the most known case dealing with capital punishment is the Furman vs Georgia, 408 US 153 (1972). This case was a path breaking one where the Supreme Court slashed or rather squashed the federal and state capital punishment laws, rendering them as capricious and arbitrary. Ultimately, as a result of this judgment, around 600 prisoners having been given the death sentence had their death sentence lifted. Later on, in the USA, Supreme Court upheld new death penalty laws. Even in the case, the judgment was given not because the penalty was considered unconstitutional, but there were some glitches in the laws aiding the implementation of the penalty. This judgment gave a new facet to the argument to the debate of should it be illegal. In India, although this punishment has been retained, there is an unwritten rule which says that 100 criminals can be out on the prowl, but an innocent individual should not be put under the gallows or punished.

Can there be a Humane Capital Punishment?

Well, naysayers say that there cannot be any sort of humanity attached with death penalty or putting a person to death, the defense and evidences on his crime apart. It is a simple contention - how would anyone feel if he or she has been told that this is the time you are going to die. Doesn't that person have feelings?

Coming towards the end of this article, I am in two minds as far as this penalty is concerned. Even after I have put across the flip sides of the matter. What do you think? I guess we should leave this herculean task of dealing with this tumultuous issue to those who take care of the law and order. But all this reminds of something -

"Justice will only be achieved when those who are not injured by crime feel as indignant as those who are." - King Solomon.