DEATH PENALITYBY Liza Ormol4th semester

Objectives• What is death penalty• crimes which need capital punishment• Justification behind death penalty• Islam and capital punishment• Arguments for and against capital punishment• Modern methods of execution

What is death penalty

• Capital punishment or the death penalty is a legal process whereby a person is put to death by the state as a punishment for a crime• The judicial decree that someone be punished in this

manner is a death sentence• while the actual process of killing the person is a death

sentence

Continue…

• Crimes that result in a death penalty are known as capital crimes or capital offences• The term capital originates from the Latin capitalis ,

literally “regarding the head” ( referring to execution by beheading )• Capital punishment is practice in which prisoners are

executed in accordance with judicial practice when they are convicted of committing what is known as a “capital crime”

Crimes which need capital punishment• Terrorism• Child pornography• Child trafficking• Drug trafficking• Dowry murders• Hijacking vehicles of public transportation • Arson• Robbery with murder• Rape with brutal murder• Murder

1.Terrorism

• Any act involving the use of terror as a mean of coercion could be punishable by death• For the time being , the term has a certain emotional

charge and is associated with the tragic event of 9/11• Or more recently the Boston bombing as well as several

others

2.Child pornography• Child pornography is a multi-billion industry and the fastest

growing black market segment worldwide• Processers of media files depicting children in sexually explicit

content could avoid prosecution by distributing the movies and pictures across the border

• Numerous countries have worked together and managed to arrest several suspects from a number of countries in the past several years

3.Child trafficking• The recruitment of children for the purpose of exploitation is

considered a severe felony irrespective of whether the trafficker used force , abducted , deceived , abused power

• These kids are taken away from their family in order to force them into prostitution and child pornography

• Recent statistics show that children are also abducted to be brainwashed and trained as soldiers , begging and organ removal

4.Drug trafficking• It is important to note that currently there are two types of

drug trafficking; the legal version implies distribution and sale of substance subjected under prohibition of law

• Illegal drug trade is one of factors that directly linked to other crimes such us murder and robbery

• These crimes are not just related to third world countries , but also they are as extensive as in the western civilization

5.Dowry murders• Murdering the new bride in order to force her family’s hand to

pay additional dowry • It is a very common crime in Arabic world as well as India and

in extremely rare cases in the western civilizations• In traditional countries the act is punished by imprisonment ,

the effort of many organization might finally make this crime a punishable by death

6.Hijacking vehicles of public transportation• Hijacking is noting more than a modern term of privacy• It implies seizing a vehicle – a plane , ship, truck , etc.• While this was considered a felony punishable by prison time

because it jeopardies the lives of the passengers , the crime reached a new level and can result in the capital punishment after the 9/11 attacks

•

7.Arson• Arson implies deliberately setting fire to another person’s

property , particularly the habitable facility• Setting fire to an unoccupied building is not considered arson

in criminal law because the facility is not legally a residence • Regardless of whether arsonist wanted to collect a sum of

cash from the insurance , planed to destroy property or kill the inhabitance

8.Robery with murder• Robbery is different from theft due to the use of force to

intimate the victim • Depriving a person of a property permanently is an awful act

that is usually punished based on whether the robber has a lethal weapon or if he has injured the victim

• When the victim is murdered because the thief try tries to protect himself from anyone he considers a threat , then it become the crime

9.Rape with brutal murder• Rape refers to a type of sexual assault when one or more

individuals initiate sexual intercourse with a person without his/her consent

• If it is followed by murder rape becomes an offence that could be punished by a death sentence

10.Murder• Murder represent an act of killing another human being

malice aforethought or , most widely known premeditation• Murders will receive very harsh punishments such as life in

prison or the capital punishment in some countries• On other hand crimes committed for the purpose of self

defense are debatable and don’t involve the death sentence

Justification behind death penalty• All guilty people deserve to be punished• Only guilty people deserve to be punished• Guilty people deserve to be punished in proportion to the

severity of their crime• This argument states that real justice requires people to suffer

for their wrongdoing , and to suffer in a way appropriate for the crime

• Each criminal should get what their crime deserves and in the case of a murderer what their crime deserve is death

• -Justice A.S.Anand and N .P . Singh , supreme court of India

Islam and capital punishment• Islam on the whole accept capital punishment• Take not life , which God has made sacred , except by way of

justice and law. Thus does he command you , so that you may learn wisdom

• Quran 6:151

• But even though the death penalty is allowed, forgiveness is preferable. Forgiveness together with peace , is predominate Quranic theme.

• Methods of execution in Islamic countries vary and can include beheading, firing squad, hanging and stoning

Continue…• Islamic countries that practice a very strict Sharia law are

associated with the use of capital punishment as retribution for the largest verity of crimes

• in Islamic law , the death penalty is appropriate for two group of crimes:

• International murder : in these cases the victim's family is given the option as to whether or not to insist on a punishment of severity

• Fasad fil-ardh (‘spreading mischief in the land’): Islam permits the death penalty for anyone who threatens to undermine authority or destabilize the state

Arguments For and Against Capital punishment• The human declaration of human rights – 1948• Article 3 : Everyone has the right to life , liberty and security of

a person• Article 5 : No one shall be subjected to torture or to cruel ,

inhuman or degrading treatment or punishment.• Deterrence• For:• Capital punishment has a deterrent effect . Fear of the death

penalty will keep potential murderers from committing the crime.

Continue…• Against :• Research has failed to provide valid scientific proof that capital

punishment has a deterrent effect. • In fact, U.S. states that abolished the death penalty have lower

homicide rates than retentionist states, as do countries without the death penalty

• Retribution :• For :• “An eye for an eye , a tooth”. Justice means to give someone a

taste of their own medicine.

Continue…• Against :• If we give back to the perpetrator what he gave the victim , we

would prove to be no better than the offender.• For example : we don’t rape . A rapist , nor do we cause bodily

harm to a person guilty of assault.• Terrorism is different :• For:• Terrorists attack a nation and human society at their roots ,

thereby threatening the continued existence of modern civilization and culture.

Continue…• Against :• The death penalty does not deter any terrorists from

committing terrorist acts.• Terrorists fanatically believe in what they do , and the brutality

they often apply is an effort to martyr themselves for their cause , which for them is mean of “ salvation .”

• Public opinion :• For :• In a democratic system , the will of the people must be headed

– in most US states the majority favor capital punishment.

Continue…• Against : • Public opinion is dangerous by nature , as ‘opinion’ is not an

equivalent to knowledge • Human instinct must not be disavowed ; however , when it

comes to institutions such as legal system , decisions should not be based upon it.

Continue…• The cot for life in prison :• For:• Hardened criminals have it nice and easy in a “cushy”

environment complete with TV and are fed with taxpayers money .

• We should not waste taxpayers money on lengthy incarceration

• Against :• Currently , in the US the cost of an execution from the start of

trial until the death warrant is enforced by fat the cost of life sentence.

Modern Methods of Execution• Lethal injection• The electronic chair• Gas chamber• Single person shooting• Firing squad• Hanging• Beheading• Guillotine• Stoning• garrote

1.Lethal Injection• In this method the prisoner is taken to the execution chamber

and two IV are inserted in his arms• A saline solution is fed through the tubes• Once the IV tubes are connected , the curtains are drawn black

so that witness may watch the execution , and the prisoner is allowed to make his last statement

Continue…• The drug contains :• Sodium thiopental : this is used in surgeries up to 150 mg ,but

in execution its used up to 5000 mg .• This is a lethal dose , if prisoner is still alive , he should feel

nothing• Pancuronium bromide : this is a muscle relaxed given in a

strong enough dose to paralyses the diaphragm and lungs• Its normal medical dose is 40 -100 mg , but for execution its

100 mg• Potassium chloride : this is a toxic agent that fist two drug is

sufficient to bring about death

2. The electronic chair • The electric chair is invented by Harold p . Brown who was

employed by Thomas Edison for the sole purpose of investigation the uses of electricity for execution

• In this execution method , the prisoner is strapped to the chair with metal straps and a wet sponge is placed in his head

• Electricity is placed on the head and leg to create a closed circuit

• This is generally 2000 volts for 15 seconds for the first current• The second current is for damaging the internal organs

3. Gas chamber

• It has gained its importance from the use in the German prison camps during world war II .

• Prior the execution , the executer will place potassium cyanide (KCN) pellets into the chair

• Then the prisoner is brought in and secured the chair and then the chamber is sealed

• The executer pours a quantity of concentrated sulfuric acid (H2SO4) through a tube which leads holding compartment in chair

• The curtains are drawn back for witness to see the execution and the prisoner is asked to make his last statement

4.Single person shooting

Execution by shooting is the most common method of execution in the world , used in more than 70 countriesSingle person shooting is still found in Soviet Russia , a signal bullet to the back of head is mostly usedIn Taiwan , the prisoner is first injected with the strong anesthetic to render him senseless and then a bullet is fired to his heart

5.Firing squad• The firing squad is considered by many to be most honorable

method of execution • In this method , A group of men then fire a single bullet in the

heart of prisoner• In some of cases , one of shooters is given a blank- so

afterwards he will feel less guilt

6.Hanging

• Hanging is carried out variety of methods:• The short drop is when the prisoner is made stand on a object

which is then thrust away• Leaving them by strangulation , this was a common method

using by the Nazis • Suspension hanging , (very popular in Iran ) is when the

gallows itself is moveable• The standard drop was in common use in English nations after

the 1850s , it involved tying the noose break around the prisoners neck

7. Beheading• In some nations that adhere to Islamic Sharia law , beheading

are still a commonly used method• Sudia Arabia is a country that used it most often• The is normally carried out on a Friday night in a public

outside the main mosque of the city after prayers• The penalty can be dealt for rape , murder , drug related

crimes , and ( apostasy of religious beliefs )

8.Guillotine• Antoine Louis is that one who come up with the design of this

method • This is one of two methods on this list which is no longer in

used in the world• Device itself is a large timber frame with a space at the bottom

for the neck of the prisoner . • At the top of the machine is a large angled blade . Once the

prisoner is secured, the blade dropped• this method was official execution method in franc until 1918

9.Stoning• Stoning to death is when a person’s movement are restricted

and an organized group throws stones at them until death.• Under Islamic Sharia law , stoning is acceptable method of

execution and its used in many Islamic nations• In Iran , stoning is for adultery and other crimes• Article 104 of the law of Hodoud provides that the stones

should not be so large that a person dies after being hit with two of them , nor so small , but must cause serve injury

10.Garrote• The garrote is the second method in list , which is no longer in

use• This method is normally used in Spain until 1978• It normally consist of a seat in which the prisoner was

restrained while the executer tightened a metal band around his neck until he died

References :

Topics :• What is death penalty • Crimes which need capital

punishment• Justification behind death

penalty• Islam and capital

punishment• Arguments for and against

human rights• Modern methods of

execution

Websites :• Wikipedia.com• Top-10-list.org• bbc.co.uk • -Ethics guide

• Bbc.co.uk• -Religious

• Lifespark.org

• Listverse.com