- Introduction
- Background of Study
Punishment and the application of laws and justice have created the debate about what is acceptable when it comes to the use of punishments by the State. Capital Punishment, or the taking of a person’s life in the name of justice, represents the ultimate expression of the State’s authority to punish. Historically, Capital Punishment has been rationalized as a way to punish those who are undeserving; it serves as a mechanism of control and for maintaining social order. However, Capital Punishment also raises serious moral, legal, and spiritual questions. Can the state lawfully take away something that it did not provide-life itself? Is Capital Punishment an appropriate and proportional reaction to criminal behavior in a society that values the potential for moral redemption and human dignity?[1]
The debate over Capital Punishment has moved well beyond its legal acceptability and now includes the consideration of the moral implications, the role of faith, and the provisions of human rights.[2] It is clear based upon the division of opinion among legal systems, religious beliefs, and societal opinions that there are many differing views regarding the legitimacy of Capital Punishment.[3] There are some countries/jurisdictions that continue to use Capital Punishment as punishment for the most heinous crimes, whereas other countries/jurisdictions have abolished Capital Punishment because they view it as incompatible with changing standards of human dignity and justice. In addition to the world-wide trend toward abolishing Capital Punishment, increased recognition of the possibility of wrongful convictions and the limited ability of Capital Punishment to deter future crimes has led scholars to question if Capital Punishment can be rationally defended from both a legal and moral perspective.[4]
[1] Martha C Nussbaum, Frontiers of Justice: Disability, Nationality, Species Membership (Harvard University Press 2006); John Rawls, A Theory of Justice (rev edn, Harvard University Press 1999).
[2] William A Schabas, The Abolition of the Death Penalty in International Law (4th edn, Cambridge University Press 2017).
[3] Roger Hood and Carolyn Hoyle, The Death Penalty: A Worldwide Perspective (5th edn, OUP 2015).
[4] Brandon L Garrett, Convicting the Innocent: Where Criminal Prosecutions Go Wrong (Harvard University Press 2011); Amnesty International, Death Sentences and Executions 2024: Global Report (Amnesty International 2024).