The death penalty
This presentation is the property of its rightful owner.
Sponsored Links
1 / 33

The Death Penalty PowerPoint PPT Presentation


  • 109 Views
  • Uploaded on
  • Presentation posted in: General

The Death Penalty. Unit 21. Concerns:. Can a system , based on the rule of law , run the risk of killing an innocent person ? Is it acceptable to apply the death penalty when there is an alternative?

Download Presentation

The Death Penalty

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


The death penalty

The Death Penalty

Unit 21


Concerns

Concerns:

Can a system, based on theruleoflaw, runtheriskofkillinganinnocentperson?

Is it acceptable to applythedeathpenaltywhenthere is an alternative?

Is it humane to keep a person on deathrow for years, notknowingifthenextrdaywillbe his/her last?

Is it acceptable to execute a personwithamentaldisorder?

Canthispunishmentbe applied to a person who was a minor at the time ofthecrime?

Doesthedeathpenaltyserve a real purpose?


Early death penalty laws

Early Death Penalty Laws

  • The first established death penalty laws date as far back as the 18th Century BC in the Code of King Hammurabi of Babylon

  • It codified the death penalty for 25 different crimes


The code of hamurabi

The Code of Hamurabi

  • “If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then that builder shall be put to death. If it kills the son of the owner, then the son of that builder shall be put to death”


Types of retributive punishment

Types of retributive punishment

  • Lex talionis = retribution; punishment in kind (“an eye for an eye”)

  • Lex salica = punishment through compensation (the principle of substitution)


The torah

The Torah

  • Murder

  • Kidnapping

  • Magic

  • Violation of the Sabbath

  • Blasphemy

  • Sexual offences


Qur an

Qur’an

  • “If anyone kills a person – unless it be for murder or for spreading mischief in the land – it would be as if he killed all people. And if anyone saves a life, it would be as if he saved the life of all people”


Moses maimonides 12th c

Moses Maimonides, 12th c.

  • “It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death”


Death penalty in english history

Death penalty in English history

  • At Common Law capital punishment was imposed for a few very serious offences such as treason, murder, rape and burning a dwelling-house.

  • As late as 1688 about 50 offences carried the death penalty

  • By 1800 English law had some 200 capital offences (including cutting down a tree or stealing an animal)


John locke 1632 1704

John Locke (1632-1704)

  • A person forfeits his rights (including his right to life) when committing a crime

  • Once rights are forfeited, punishment is justified for two reasons:

  • 1) criminals deserve punishment

  • 2) punishment is needed to protect our society by deterring crime through example


Cesare beccaria 1738 1794

Cesare Beccaria (1738-1794)

  • On Crimes and Punishment (1764): the right to life is not forfeitable

  • People do not sacrifice their rights to life when entering into the social contract


Death penalty today

Death penalty today

Progressive restrictionof capital offencces

TheInternationalCovenant on Civil andPoliticalRights (1966): “Incountrieswhichhavenotabolishedthedeathpenalty, sentence ofdeathmaybeimposedonly for the most seriouscrimes”


Restriction of applicable offenders

Restriction of applicable offenders

Theexclusionofchildoffenders, i.e. thoseunder 18 yearsof age at the time oftheoffence

Theexclusionofpregnantwomen, new mothersandpeopleover 70 yearsof age

Theexclusionof “persons who havebecomeinsane” and “personssufferingfrommentalretardation or extremelylimitedmentalcompetence, whether at thestageof sentence or execution”


Procedural safeguards

Procedural safeguards

Therightofappeal to a higher court

Theright to petition for clemency


Death penalty today1

Death Penalty Today

  • In April 1999, the UN Human RightsCommissionpassedtheResolutionSupporting Worldwide Moratorium on Executions

  • Over 90 countriesstillretainthedeathpenalty, including China, Iran andthe US

  • Todayover 60 % ofAmericanssupportthedeathpenalty


Atkins v virginia 2002

Atkins v Virginia (2002)

TheSupreme Court heldthat it was a violationofthe American Constitution to imposethedeathpenalty on a mentallyretardedperson;

Also: a challenge to theconstitutionalityofexecutingpersons who had committed a capital offencewhenunderthe age of 18 – notsuccessful


Capital crimes today

Capital crimes today

  • Premeditated murder

  • Espionage

  • Treason

  • Part of military justice


Abolition of capital punishment in western europe

Abolition of capital punishment in western Europe

Portugal 1843

FollowedbytheNetherlands, Romania, Italy, andNorway

Afterthe first world war: Sweden, Denmark, Switzerland

In 1962: executionswerecarriedoutinwestern Europe inthe UK, France, Greece, the Irish Republic, Spain


Alolition of capital punishment in eastern europe

Alolition of capital punishment in Eastern Europe

Croatia: 1987

Hungary 1988

Poland 1988

Bulgaria 1989

Moldova 1989

Estonia 1991

Armenia 1991

Lithuania 1995

Ukraine 1997

TheRussianFederation: moratorium on all executionssince 1996


European convention on human rights

European Convention on Human Rights

  • Protocol No 6 (1983): abolitionof capital punishmentin time ofpeace

  • Resolution 1044 (1994) linksmembershipintheCouncilof Europe to abolitionofdeathpenalty (theRussianFederation – theonlymemberthathasnotabolishedcapitalpunishment)

  • Protocol No 13(2002): abolitionof capital punishmentin all circumstances


Human rights violation

Human rights violation

Theright to life andtherightnot to besubjectedtocruel,inhumananddegradingtreatment or punishment

theright to a fairtrial


Abolition of the death penalty in the uk

Abolition of the death penalty in the UK

  • 1969 (except for treason)

  • in 1998 the home secretarysignedthe 6th protocoloftheEuropeanConventionof Human RightswhichformallyabolishedthedeathpenaltyintheU.K.


Abolitionists

Abolitionists

  • Abolitionists – people who are against the death penalty

  • Death penalty does not deter criminals, violates human rights, leads to executions of wrongfully convicted people, discriminates against the minorities and the poor


Retentionists

Retentionists

  • People who support the death penalty

  • Main arguments: prevent (from repeating the crime), deter and avenge (“an eye for an eye”)


Lord kennet s speech on november 9 1961

Lord Kennet’s speech on November 9, 1961

  • outlined main arguments against the death penalty in five verbs:

  • prevent,

  • reform,

  • research,

  • deter,

  • avenge


Prevent

Prevent

  • To prevent the same man from doing it again


Reform

Reform

  • Rehabilitation; a man should be helped with his social function by a rehabilitatory treatment


Research

Research

  • We should find out about the motives, characters and personality structures of criminals, thus finding things that would enable taking measures to reduce the crime rate


Deter

Deter

  • The evidence proves that the death penalty is not an effective deterrent against violent crime


Avenge

Avenge

  • Vengeance is not a proper motive for the State in dealing with convicted criminals


The 14 th dalai lama on the death penalty

The 14th Dalai Lama on the Death Penalty

  • The death penalty fulfils a preventive function, but it is also very clearly a form of revenge... I am optimistic that it remains possible to deter criminal activity, and prevent such harmful consequences of such acts in society, without having to resort to the death penalty.


Legal terms

Legal terms

  • Death penalty

  • Capital punishment

  • Smrtna kazna

  • Poena capitalis


Legal terms1

Legal terms

  • To commit a crime

  • Počiniti kazneno djelo

  • To try

  • Voditi sudski postupak, suditi

  • To convict

  • Proglasiti krivim

  • To sentence

  • Osuditi, izreći kaznu


  • Login