Essay Topics
Types of Essays
Essay Checklist
Word Counter
Readability Score
Essay Rewriter
Essay on Safeguards against possibility of Miscarriage of Justice due to irrevocability of Capital Punishment. The safeguards provided under the law to eliminate any possibility of erroneous judgment regarding award of death sentence which may briefly be stated as follows:- Firstly, death penalty is awarded very sparingly only in cases of murder and offences against the State; Secondly, it is now an exceptional punishment requiring the sentencing Judge to record in writing why he considers alternative punishment of life-imprisonment as inadequate in the case before him. Thirdly, the conferment of right of pre-sentence hearing under section 235(2) to the accused person offers him an opportunity to put-forth his plea for award of life-imprisonment as an alternative punishment for death sentence; Fourthly, the cumulative effect of the provisions contained in Sections 354(3) and 235(2) is that sentencing is completely individualized and there is hardly any scope for error of judgment in sentencing the accused person; Fifthly, the sentence of death passed by the Court of Session has got to be sent for confirmation to the concerned High Court under Sections 366-370 Cr. P.C. along with entire evidence material so that the High Court may scrutinize the same. The High Court has also the power to direct further inquiry or additional evidence to be taken if necessary; Sixthly, the provision of appeal to the Supreme Court under Section 379 Cr. P.C. and Article 136 of the Constitution; and Seventhly, President's/Governor's power of pardon or commutation of sentence under Article 72 or 161 of the Constitution, as the case may be. It is quite often argued that death penalty "brutalizes" human nature and cheapens human life. It vitiates the humanitarian sentiments concerning the sacredness of human life. It is for this reason that David Pannick strongly argues that death penalty should be declared per se unconstitutional being cruel and violative of due process of law. The arguments for and against death sentence may be summarized as follows:- Arguments 'for' death penalty (Retentionist's view): 1. Elimination of murderers by execution is fair retribution and serves the ends of justice. 2. Punishment must match the gravity of offence and worst crimes should be severely dealt with for the sake of deterrence and security of the society. 3. Death penalty shows society's reaction to heinous crimes. 4. One who ends somebody's life, forfeits his right to life. 5. Death sentence should be looked as a form of retributive justice insofar as it provides satisfaction and peace of mind for many victims of crime and their families or relatives. 6. It is the most effective way to protect society against condemned offenders. This is the reason why death penalty has been held to be constitutionally valid. 7. Some authorities believe that death penalty is less cruel than a prolonged life imprisonment. 8. Considered from the economic point of view also it is for less expensive to execute a convict than to house him/her in a prison institution for life 9. It prevents over-crowding in prisons and helps in elimination of offenders who are potential danger to the institution thereby making maintenance of discipline in prisons easy. 10. It upholds rule of law because it discourages vigilantism or self-help on the part of victim's family. Arguments 'against' death sentence (Abolitionist's view): 1. Death penalty is killing and all killings are wrong and therefore, death sentence is also wrong. 2. An execution arising out of miscarriage of justice is irreversible and therefore, it may result in great injustice to the person wrongly sentenced to death. 3. It is a lethal vengeance which brutalizes the society. 4. Death penalty is unjust and often discriminatory against poor who cannot afford to defend themselves properly against a homicide charge. 5. It is a misconception to think that death penalty has a deterrent effect because hired murderers do take chance with the criminal justice system whatever be the consequences. 6. Death penalty is violative of human rights, particularly Articles 3 and 5 of the UN Declaration of Human Rights. 7. Quite a large number of murders are crimes of emotion or impulsiveness. Therefore, death penalty in such cases does not serve the ends of justice. 8. It denies the possibility of reformation and rehabilitation of the offender. A perusal of arguments for and against the retention of capital punishment in a penal system makes it abundantly clear that at least its retention in the statute book would better serve the ends of justice, though in practice it may be used sparingly. This approach to capital punishment is well reflected in the judicial pronouncements handed down by the Supreme Court ever since the historic Bachan Singh's case, where the Court laid down the "rarest of rare case" principle.
Essay Writing Checklist
The following guidelines are designed to give students a checklist to use, whether they are revising individually or as part of a peer review team.
Introduction
  • Is the main idea (i.e., the writer's opinion of the story title) stated clearly?
  • Is the introductory paragraph interesting? Does it make the reader want to keep on reading?
Body Paragraph
  • Does each body paragraph have a clear topic sentence that is related to the main idea of the essay?
  • Does each body paragraph include specific information from the text(including quoted evidence from the text, if required by the instructor)that supports the topic sentence?
  • Is there a clear plan for the order of the body paragraphs (i.e., order of importance, chronology in the story, etc.)?
  • Does each body paragraph transition smoothly to the next?
Conclusion
  • Is the main idea of the essay restated in different words?
  • Are the supporting ideas summarized succinctly and clearly?
  • Is the concluding paragraph interesting? Does it leave an impression on the reader?
Overall Essay
  • Is any important material left unsaid?
  • Is any material repetitious and unnecessary?
  • Has the writer tried to incorporate "voice" in the essay so that it has his/her distinctive mark?
  • Are there changes needed in word choice, sentence length and structure, etc.?
  • Are the quotations (if required) properly cited?
  • Has the essay been proofread for spelling, punctuation, grammar, etc.?
  • Does the essay have an interesting and appropriate title?
Safeguards against possibility of Miscarriage of Justice due to irrevocability of Capital Punishment
Trending Essay Topics
Reference
Feel free to use content on this page for your website, blog or paper we only ask that you reference content back to us. Use the following code to link this page:
Terms · Privacy · Contact
Essay Topics © 2020

Safeguards Against Possibility Of Miscarriage Of Justice Due To Irrevocability Of Capital Punishment

Words: 773    Pages: 3    Paragraphs: 13    Sentences: 53    Read Time: 02:48
Highlight Text to add correction. Use an editor to spell check essay.
              Essay on Safeguards against possibility of Miscarriage of Justice due to irrevocability of Capital Punishment.
             
              The safeguards provided under the law to eliminate any possibility of erroneous judgment regarding award of death sentence which may briefly be stated as follows: -
             
              Firstly, death penalty is awarded very sparingly only in cases of murder and offences against the State;
             
              Secondly, it is now an exceptional punishment requiring the sentencing Judge to record in writing why he considers alternative punishment of life-imprisonment as inadequate in the case before him.
             
              Thirdly, the conferment of right of pre-sentence hearing under section 235(2) to the accused person offers him an opportunity to put-forth his plea for award of life-imprisonment as an alternative punishment for death sentence;
             
              Fourthly, the cumulative effect of the provisions contained in Sections 354(3) and 235(2) is that sentencing is completely individualized and there is hardly any scope for error of judgment in sentencing the accused person;
             
              Fifthly, the sentence of death passed by the Court of Session has got to be sent for confirmation to the concerned High Court under Sections 366-370 Cr. P. C. along with entire evidence material so that the High Court may scrutinize the same. The High Court has also the power to direct further inquiry or additional evidence to be taken if necessary;
             
              Sixthly, the provision of appeal to the Supreme Court under Section 379 Cr. P. C. and Article 136 of the Constitution; and
             
              Seventhly, President's/Governor's power of pardon or commutation of sentence under Article 72 or 161 of the Constitution, as the case may be.
             
              It is quite often argued that death penalty "brutalizes" human nature and cheapens human life. It vitiates the humanitarian sentiments concerning the sacredness of human life. It is for this reason that David Pannick strongly argues that death penalty should be declared per se unconstitutional being cruel and violative of due process of law.
             
              The arguments for and against death sentence may be summarized as follows: -
             
              Arguments 'for' death penalty (Retentionist's view):
             
              1. Elimination of murderers by execution is fair retribution and serves the ends of justice.
             
              2. Punishment must match the gravity of offence and worst crimes should be severely dealt with for the sake of deterrence and security of the society.
             
              3. Death penalty shows society's reaction to heinous crimes.
             
              4. One who ends somebody's life, forfeits his right to life.
             
              5. Death sentence should be looked as a form of retributive justice insofar as it provides satisfaction and peace of mind for many victims of crime and their families or relatives.
             
              6. It is the most effective way to protect society against condemned offenders. This is the reason why death penalty has been held to be constitutionally valid.
             
              7. Some authorities believe that death penalty is less cruel than a prolonged life imprisonment.
             
              8. Considered from the economic point of view also it is for less expensive to execute a convict than to house him/her in a prison institution for life
             
              9. It prevents over-crowding in prisons and helps in elimination of offenders who are potential danger to the institution thereby making maintenance of discipline in prisons easy.
             
              10. It upholds rule of law because it discourages vigilantism or self-help on the part of victim's family.
             
              Arguments 'against' death sentence (Abolitionist's view):
             
              1. Death penalty is killing and all killings are wrong and therefore, death sentence is also wrong.
             
              2. An execution arising out of miscarriage of justice is irreversible and therefore, it may result in great injustice to the person wrongly sentenced to death.
             
              3. It is a lethal vengeance which brutalizes the society.
             
              4. Death penalty is unjust and often discriminatory against poor who cannot afford to defend themselves properly against a homicide charge.
             
              5. It is a misconception to think that death penalty has a deterrent effect because hired murderers do take chance with the criminal justice system whatever be the consequences.
             
              6. Death penalty is violative of human rights, particularly Articles 3 and 5 of the UN Declaration of Human Rights.
             
              7. Quite a large number of murders are crimes of emotion or impulsiveness. Therefore, death penalty in such cases does not serve the ends of justice.
             
              8. It denies the possibility of reformation and rehabilitation of the offender.
             
              A perusal of arguments for and against the retention of capital punishment in a penal system makes it abundantly clear that at least its retention in the statute book would better serve the ends of justice, though in practice it may be used sparingly. This approach to capital punishment is well reflected in the judicial pronouncements handed down by the Supreme Court ever since the historic Bachan Singh's case, where the Court laid down the "rarest of rare case" principle.
Death Penalty Essay 
Tip: Use our Essay Rewriter to rewrite this essay and remove plagiarism.
Next Death Penalty Essay: He History Of Capital Punishment

Add Notes

Have suggestions, comments or ideas? Please share below. Don't forget to tag a friend or classmate.
clear
Formatting Help
Submit