Upgrad LLM

death punishment


Hi,

    pls tell me one thing that at present death punishment is essential for criminals or not.

thanx

miss smith sharma{Advocate}

 
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service

There may be different views of judges on that, but in my opinion death penalty shall be awarded according to depth of crime.

 
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n/a

dear miss sharma,


A death penalty is the most crude form of punishment known to man. Punishing a man to death certainly brings about  retribution and a spine-chilling deterrent but it also kills with it, the chance and hope of reformation. I feel the biggest challenge to a civilized society today is to reform and not to resort back to the theory of retribution. Moreover, death penalties have time and again failed to project themselves as an effective deterrent. So, why kill ? the effective alternative surely lies in reforming a criminal and helping him to get back to the mainstream of society, thereby leaving no losers.


regards,


Amarta Ghose (Advocate).


 

 
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Lawyer in Hyderabad.wats app no.9989324294

yes. I fully agree with Mr. Amarta Ghose.The criminal must penalise by giving service work in the hospital to lookafter  the critical illed patients.

 
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Lawyer

Forum Moderator

Public opinion



Support for the death penalty varies widely. Both in abolitionist and retentionist democracies, the government's stance often has wide public support and receives little attention by politicians or the media. In some abolitionist countries, the majority of the public supports or has supported the death penalty. Abolition was often adopted due to political change, such as when countries shifted from authoritarianism to democracy, or when it became an entry condition for the European Union. The United States is a notable exception: some states have had bans on capital punishment for decades (the earliest is Michigan, where it was abolished in 1846), while others actively use it today. The death penalty there remains a contentious issue which is hotly debated. Elsewhere, however, it is rare for the death penalty to be abolished as a result of an active public discussion of its merits.In abolitionist countries, debate is sometimes revived by particularly brutal murders, though few countries have brought it back after abolishing it. However, a spike in serious, violent crimes, such as murders or terrorist attacks, has prompted some countries (such as Sri Lanka and Jamaica) to effectively end the moratorium on the death penalty. In retentionist countries, the debate is sometimes revived when a miscarriage of justice has occurred, though this tends to cause legislative efforts to improve the judicial process rather than to abolish the death penalty.



A Gallup International poll from 2000 claimed that "Worldwide support was expressed in favour of the death penalty, with just more than half (52%) indicating that they were in favour of this form of punishment." A number of other polls and studies have been done in recent years with various results.



In the U.S., surveys have long shown a majority in favor of capital punishment. An ABC News survey in July 2006 found 65 percent in favour of capital punishment, consistent with other polling since 2000.About half the American public says the death penalty is not imposed frequently enough and 60 percent believe it is applied fairly, according to a Gallup poll from May 2006.[Yet surveys also show the public is more divided when asked to choose between the death penalty and life without parole, or when dealing with juvenile offenders. Roughly six in 10 tell Gallup they do not believe capital punishment deters murder and majorities believe at least one innocent person has been executed in the past five years

 
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Lawyer

Forum Moderator

Most Executions carried out in 2007



Country      Number

China     470+ (other sources est. 6,000+)1

Iran     317+

Saudi Arabia     143+

Pakistan     135+

USA     42

Iraq     33+

 
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advocate/legal consultant

information placed by our learned brother is of immense value,thank you, 

 
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Lawyer

Indian Law on the subject  is the result of many debates and Public opinion. Life imprisonment is General Rule and death sentence in rarest of rare cases.  In some cases reformist theory does not hold good like for the terrorists, serial killers, child rapist/murderers.  Such criminals are senseless and beyond reformation. Like a cancerous growth they are to be surgically removed from the society.  Since the death sentence exists in law books there are grave concerns about arbitrariness and discrimination in the processes that may lead innocent people being sentenced to death; an irrevocability . These are not only concerns, there are many cases where Supreme Court acquited persons sentenced to death by trial courts and sentences being confirmed by High Courts. There should be some amendments in law to guard such errors. An automatic appeal to Supreme Court from the decision of High Court and hearing before a large bench can reduce chances of injustice.


Debates continue whether the death sentence lowers crime rate or not and opinions in favour and against come with illustrations and statiscal evidence but the fact remains that Indian Law makers are inclined to put death in law books for some more crimes where the present deterrent has been found inadequate.     

 

 
 
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Lawyer

The criteria for award of death punishment needs to be reviewed. is it the person who dies or is dead one of the criteria? Death sentences are awrded to killers of Indira Gandhi, Mahatma Gandhi, Rajeev Gandhi even though a single death was involved. on the contrary the death sentences is not awarded to persons killing many members of a family also. I personally feel that it is not who is killed is important but the reasons why the accused acted in this way. what was his motive? was it for personal gain? what were the influences which were responsible for him to arrive at such a conclusion that there was no way out than estinguishing a life. Man is a product of his premises and in such case can he be fully blamed and done away with if the premises goaded him to such extreme steps? ETERNAL QUESTIONS? NO ANSWER TO THIS.
 
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Advocate.

Dear  Friend,




 


  I believe castration to be a suitable enough punishment. Death-Punishment can't stop anything.Lot of people have got death-punishment for committing murder but is murder has been stopped? Its better to treat psychologically the rapist and try to grow a sort of penitence in the rapist's mind for the sin work he has done.







 

 
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