Death Penalty, a Failed Deterrent?

  • Ajay Kumar Dean Academics, Maharishi University of Information Technology
  • Kamshad Mohsin Assistant Professor, Maharishi University of Information Technology
Keywords: Death Penalty, Deterrence, Discrimination, Amnesty International, Justice, Misuse

Abstract

Morality is a dubious concept, what is moral for one may be immoral for another. The nation breathes a sigh of relief when the most heinous offenders receive the death penalty. There is a sense of reassurance that justice has prevailed and similar potential criminals would have a chill run down their spine should they even consider to transgress and act likewise. Deterrence is an important aspect of criminal jurisprudence. This research paper seeks to dispel some, if not all notions in support of capital punishment. The article relies on studies by Amnesty International, World Trade Organization’s research on 11 countries and the crime rates after abolition of the death penalty and NLU Delhi’s 39A Report. The article primarily focuses on the major aspects of relation of death penalty and crime rates, the economic disparity which exists among individuals on the death row in India and the major controversy with regard to death penalty which is the irreversible nature of the punishment. If the State has no power to give life, how can it take life away from individuals? The paper seeks to give another perspective to the death penalty with a more devil’s advocate approach different from the views echoed by the majority.

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Published
2022-02-21
How to Cite
Kumar, A., & Mohsin, K. (2022). Death Penalty, a Failed Deterrent?. GLS Law Journal , 4(1), 1 - 4. Retrieved from https://glslawjournal.in/index.php/glslawjournal/article/view/54