CHAPTER 1.

VIEWS ON CAPITAL PUNISHMENT

Capital punishment, in other words the death penalty or execution is the death sentence for a
person who is judged by the authorities.

In this project, my aim is to firstly introduce the definition of capital punishment, then
mention the past use in some countries and their methods, after that the current use countries
and their methods. Following this, controversially the negative and positive sides of the death
penalty are going to be discussed:

'is capital punishment an efficient or useful way to protect society?' analysis of the question
will be based on human rights and then my opinion will be given.

The word capital comes from Latin 'capitals' which means 'regarding the head'.

The ideological means of capital punishment comes from 'a life for a life, an eye for an eye,
and tooth for a tooth.'

Capital punishment is the execution of a person for punishment because of certain crime after
being judged. This execution just can be done by states, when it is done by non-governmental
organization it is murder, not the death penalty.

It is predicted that various methods of punishment were used in the past all over the world.
The death penalty was used in Babylon at approximately 3,700 years ago. These rules were
adopted and also developed to some extents for every crime by ancient societies.

In the past, the majority of the countries in the world used this punishment, however, now 58
countries are existing practise. In addition, 95 countries have prohibited it, except during
times of war.

Every countries around the world have their own constitutions to legalize and lead their
citizens to obey the law. In most countries they practice the life imprisonment to punish the
criminal, however, some are still being counted in capital punishment. Between these two
types of punishment, the most popular topic that everyone always discuss whether capital
punishment or life imprisonment should be declared as the constitution law?.There are three
mains reasons to support the capital punishment could be practice in countries.

First, capital punishment is acted as much of deterrent. According to professor jefffagan

questions research that supports the long-accepted view of the deterrent effect of capital
punishment says that execution can save lives by deterring murders. (capital punishment
debate in usa) actually, this ideas are absolutely true. Perhaps because of the laws
enforcement, so murders cannot do something illegal or they cannot kill some innocent

1
people. The number of homicide will be decrease and someone who wants to commit serious
crime in some places also will change his or her ideas due to this strict law. Moreover, there
are many crimes rises during we practice this kind of strategies. It happened because of the
law enforcement; many securities such as polices are try to reinforce their capacity to do their
jobs as the nets catching fish ( criminals ) that do any illegal activities in societies or in the
whole countries.

Second, capital punishment is counted for the serious crimes. Every criminals who have
made any irrevocable mistakes will be put in the jail and they may be hanging, guillotive,
shooting, electrocution, gassing or lethal injection. In addition, the judge decide to sentence
them to death because those criminals are very dangerous and threaten to the society if they
could be escaped form the prison. For example, ayman al-zawahiri, the top leader and the
successor to osama bin laden is the most dangerous person that reportedly ordered the attacks
in paris in january which killed 17 people and this person have been involve in deadly attack
in europe, africa , asia, and the middle east. So, through this type of heinous crime that he did
he cannot receive a life imprisonment instead of capital punishment.

Finally, there is no need to care about the finance in ones country when we choose a capital
punishment. By looking over how government waste much amount of money on the prisoners
every years, prisoner should get death penalty. For example, in the usa, every jail uses a lot of
money in order to make a comfort place for prisoners such as they do decorating, built a
library, serve the food, build the filed for reactional activities, pay for bills and many services
that require land and space. So, many part of the money that government obtained have been
spent on this unimportant thing. Many people that live in poor country that have faced many
problems such as poverty, drought and famine will be got over if those amount of money are
put into the fund to help people who encounter with problems. As a matter as fact, if the
government keep helping the prison, it is likely to promote people to commit crimes. They
( prisoners) think that no matters they live in prison, they even still have a good support from
the government. Plus, when the prisons are full of prisoners, the government must to expand
the territory and it is also a problem that they cannot deal with.

Opponents of mandatory of execution law say that capital punishment process is more costly
than imprisonment and they also think that lifetime sentences are more likely to develop
remorse for their crimes. These points have some merit on the surface. However, capital
punishment must be paid in high cost rather than the life imprisonment, but it costs just once
the prisoners face the court and they will finish; the governments dont need to care whether
to spend the money to help the criminals or not. In the further, big amount of money is spent
on the attorney , but if we have an enough evidence we can sentence the prisoner to death. To
refuse the phrase said that prisoners will become a nice people again, i strongly believe that
when they decide to kill or murder someone; they know they cannot come back to the normal
life again. As the result, the prisoners are rarely regret about what they have done.

In conclusion, capital punishment is the best ways to use as the nation law for punish the
prisoners. The government can get benefits from that practice such as deterrence, eliminating
any serious crimes, and saving money.

2
 CHAPTER 2.
A.RESEARCH METHODOLOGY
Research Methodology The study of conducting research is Research Methodology. Research:
The word research is composed of two syllables Re and Search. Re is the prefix
meaning Again or over again or a new and Search is the latter meaning to examine
closely and carefully or to test and try. Together they form, a careful, systematic, patient
study and investigation in some field of knowledge undertaken to establish principles /
policies. Research can also be defined as:

1. Search for knowledge

2. Systematic and scientific search for getting relevant answers on any taken up specific topic.

3. Scientific enquiry into a subject.

4. Research is a movement from the unknown to the known.

5. It is the voyage of discovery According to Bulmer; Research is primarily committed to

establishing systematic, reliable and valid knowledge about the social world.

According To Clifford Woody, Research comprises of:

Defining and redefining problems.

Formulating hypothesis (basic idea)
Collecting
Organizing
Evaluating datas
Making decisions
Suggesting solutions
Reaching conclusions
Finally, carefully testing the conclusions to determine whether they fit the formulated
Hypothesis.

B.TYPES OF RESEARCH USED IN THIS PROJECT

1. Basic research

3
As we know that basic research is also called as pure or fundamental research. It is
undertaken to develop a theory or a body of knowledge. The main goal of basic research is to
expand mans knowledge. In this study I have done the basic research related to view
oncapital punishment

2. Applied research

Applied research is a study designed to solve practical problems, rather than merely acquiring
knowledge. This study also provides to solve the problems which are nothing but opposite to
the benefits received by these research. Means the other side which is opposite to positive
factors. I have tried to find out the solutions to the problems by studying its (capital
punishment) negative impact on the human being

3. Analytical research

Analytical research is undertaken to collects facts or data, or the facts or data may be readily
available. In this researcher attempts to critically evaluate such facts and data to evaluate
conclusion. This also tells us the cause and effect relationships. The data related to the capital
punishment can be divided into the data which shows the positive cause and effect
relationship also the negative cause and effect relationship. By this it will be easy for us to
focus on the greatest positive effects and eliminate negative effects.

4. Empirical research

Empirical research is a way of gaining knowledge by means of direct and indirect observation
and experience. While studying the views oncapital punishment some part of the knowledge
have been gained from the self-observation.

C.OBJECTIVES OF THE STUDY

The main objectives of the study were to explore the application. The study is conducted
withthe following objectives :-

This study is being undertaken with the following hypotheses:

1. To know the working of capital punishment law.

4
 2. To know how the impact on crime (whether it is increasing/decreasing) with regards to
capital punishment law.
3. To find out the opinions regarding capital punishment law in the minds of citizen of
country.
4. To know the impact on culture, behavior, attitudes towards the peoples living in society
towards the crime.
5. To know the future prospect related with capital punishment.

D.HYPOTHESIS OF THE PROJECT

The two types of hypotheses are scientific and working.

A scientific hypothesis is based on experiments and observations from the past that cannot
be explained with current theories.

A working hypothesis is one that is widely accepted and becomes the basis of further
experimentation.

1. Capital punishment laws leads to reduction in the crime for which it generally given.

2. Innocent peoples are also getting victim of capital punishment.

E.DATA SOURCES
Primary data sources

Primary data means data collected by the researcher himself/herself. It refers to the first-hand
information which is collected to solve a specific problem. Out of the various methods I have
used survey method which is part of primary data.

Secondary data sources

If the time or hassle of collecting your own data is too much, or the data collection has
already been done, secondary data may be more appropriate for your research. This type of
data typically comes from other studies done by other institutions or organizations. The
secondary data is readily available data from published or printed sources.

The secondary data includes the data collected from the official website of Wikipedia Articles
published by newspaper in respect of capital punishment.

5
F.SAMPLE SIZE
The sample size which I have used in this study is from 30 respondents which include the
college students and Adults.

G.LIMITATION OF STUDY
Although this research was carefully prepared, I am still aware of its limitations and
shortcomings.
The population of the experimental group is small, only 35 students who might not
represent the majority of the college students.
Since the questionnaire designed to measure the students attitude, towards the capital
punishment might give useful information about the core topic; it seems not to
provide enough evidence of the students actual behaving with regards with capital
punishment.
The field that I have taken for study i.e. capital punishment is vast one in its scope and
coverage and it quite difficult for an individual to cover everything of all the aspect.
Like other investigators, I also have certain constraints like time-limit, financial
resources and sufficient authority to collect the required information about capital
punishment.

H.REVIEW OF LITERATURE
Social Construction Theory consists of analysing claims-makers, the claims they put
forward, and the reactions from the larger audience to the claims. Currently, the claims-
makers in the United States who are in favour of the death penalty have presented their
claims about the necessity of the death penalty in a more effective manner than those opposed
to the use of the death penalty. Additionally, criminals have been constructed in the media as
primarily black, males, in southern states. Because por-death penalty claims-makers have
been able to successfully construct this image, the black, male populations in most southern
states may not receive fair and just trials, thus representing the overwhelming numbers of
those convicted to death row.

However, claims about the unjust legal system and its ramifications are gaining
ground. Perhaps this can be attributed to the increasing attention in the media to the numbers
of exonerated individuals. The claims appear to receive more media coverage due to the focus
on cases of exonerated individuals, thus more capital punishment convictions are under
review. Groups such as Amnesty International and the Death Penalty Information Canter have
been able to successfully publicize the injustices that have been plaguing the legal system.

6
 Perhaps more importantly, unfair and accurate stereotypes about certain groups,
particularly racial minorities, in the United States are changing. The societal norms regarding
race are becoming more accepting of different racial and cultural groups. Multiculturalism is
allowing for possible changes in the legal system in the near future that move away from
racial profiling. Ideas about intrinsic human rights of all are becoming realized, but
additional steps in legal practices about non-dominate groups still need to be taken. If
anything, this study points out the need for more research about death row convictions and
exonerations in order to develop a more fair legal system.

The Death penalty is known as capital punishment. It symbolizes crimepunishment

as the biggest and most important consequence. The Death penalty can be easily described as
punishment of execution, administered to someone convicted of a capital crime. Crimes are
happening every day, but have different ways of being justified. Many are pro death penalty
when it comes to murder. Others see the death penalty as inhumane and ineffective. The great
debate of this topic has increased over the years, but the main controversial question still
remains: Is the death penalty effective?
Although the legal system has been justifiable to a point, there are many questions to truly
validate the controversial topic. When talking about how effective or whether it is effective or
not, one must ask some questions to validate this controversial topic:

1.What does the death penalty consist of?

2. What are the cost differences between keeping someone for life in prison and the death
penalty?
3. What are some of the administrations of capital punishment and what states administer
them?
4. Is the current death penalty (fifteen years) a sufficient amount of time to remedy all legal
opportunities?

Therefore the following review on literature will: Define what the death penalty consist of,
explain the cost difference between having an inmate sentenced for the death penalty of
having him in prison for life, Finding out the in what ways they administer death, To see if
fifteen years is a sufficient amount of time to remedy all legal opportunities.
It is very important to know the forms and measures the death penalty consists of. To begin
the person getting the death penalty must have killed a person or equal to that crime and got
sentence to death row. First an inmate is sentenced to life in prison but then a background
check is done and done well to make sure the right person is getting the right sentenced. Once

7
the prisoner is marked as guilty then the judge makes the decision on whether or not the
crime needs the ultimate capital punishment and if the person does then gets the death
penalty. According to Warden Marvin Polk on NifterMedia, (2009) the process first starts by
assigning the inmate on death row a cell but has a special assigned cell just for inmates about
to get processed. But the cell does not get closed so that the inmate can walk freely in and out
and does have a television available. Contact visitations are allowed with families and
possibly with friends. Visitations start at ten am and end around 11 pm and have breaks for
meals in between. Special phone calls can be requested if the inmate so desires. Around one
am the warden and the prep team start preparing for it. The prep team is chosen by the
warden but is voluntarily and can be the same people. At one fifty the inmate is put in the
chamber where it will be administered. And there must be witnesses.
what are the cost differences between keeping someone for life in prison and the death
penalty?
The cost difference is an important thing to evaluate because it is important to the tax payers.
According to Dudley Sharp from procon.org "Many opponents present, as fact, that the cost
of the death penalty is so expensive (at least $2 million per case?), that we must choose life
without parole ('LWOP') at a cost of $1 million for 50 years and later does present that these
accusations are false. He also claims that There also appears to be no question that, over
time, equivalent LWOP cases are much more expensive... than death penalty cases.
Opponents ludicrously claim that the death penalty costs, over time, 3-10 times more than
LWOP. Chris Clem from the same also agrees by mentioning that Executions do not have
to cost that much. We could hang them and re-use the rope. No cost! A bit of sarcasm but
does agree that it is cheaper to kill the person than life in prison. There are great controversies
and different opinions on whether or not which one is more economic. According to Amnesty
International Reducing the resources available for crime prevention, mental health
treatment, education and rehabilitation, meaningful victims' services, and drug treatment
programs. Explains that the more money invested in the death penalty the less money that is
being spent on resources that are provided for inmates. Also mentions, Emergency services,
creating jobs, and police & crime prevention were the three highest rated priorities for use of
fiscal resources. Because of this crime rates may have decreased of so much money invested
in the death penalty. Instead on investing so much money on an inmate, the money can go
into schools and stuff that tax payers are more concerned about.

8
Chandrika P.S. (2004).She had written Benthan and Cesare Beccaria that punishment is an
evil in South Africa the first judgment in 1995 abolished death penalty as brutal inhuman and
degrading today 68 countries have abolished death penalty for all crimes. Weather the capital
punishment has deterrent quality or not answer that capital punishment should have
maximum deterrent effect. The retention of capital punishment is more effective thanany
other penalty. Questionthere is always a as for as attitude is relatedit arises weather the
deathpenalty or retention we cannot be constantly adopted.
Rajindar S. (2012)had written that Most of the nations of the worldabolished the death
penalty. The United nation passed a resolution on 20/11/2010 that all nation of on death
penalty if they do not agree to abolishdeath penalty. He had presented one case Balwant
Singh rajoana.Who awarded death penalty for assassination of thePunjab chief minister bent
Singhin1995. The ultimate denial of human right and it violatesthe rights to life.
The punishmentof death will be life imprisonment. Itis crystal clear that Justice Rajendar
Prasad catches the starting point to abolish the death penalty in India there are so manycases
but the government and parliament observed to abolish death punishment.
Yog M.C. (2013)had written in his article. Three social institutionsthe police which gathers
evidence machinery the court which adjudicates guilt and posessentence executivewhich
thinks over mercy petition he had written in his article Indiais notoriously
corrupt,dishonest,criminalizedpolice force and the evidence is presented in the court by the
police officer. Thecourt considersevidence adjudicatesor not he gives examples of many
cases. It appears the court can take cognizance to the point of view, natureof the case but the
some corrupted police officers never send correct reports.
KarthikeyanD.R. (2013)had written in his article. He had written question that death penalty
retention or abolition. Man lives the society to protect the deviant of the society how for eye
for an eye. Tooth for tooth. Emerged it is a jungle law. Innocent person also found guilty
and convicted for it is based on wrong evidence and Misconception of the circumstantial
evidence. It seems that death penalty in India retention or abolish many question arising
whether death penalty retention or abolish.
Mr.GajendraS. (2013)had written in his article capitalpunishment for rape. Had written
Hindu dharma talks of Narak for evil doors, Muslim talks of Jahannum and Christianity of
hell every religion talks of reforms the act of rape is most heinous crime against human
therefore the punishment should also be very painful. It seems that the crime and it is
physical assault on women she has to face mental torture, too along with physical injury.

9
Indian court rulesthe rarest of rare casesthe person who has committed offence of rape must
be led death.
Ahmad I.G.(2013) had written in his articlecapital punishment applied with special reason
brutal murder and the gravest offences against state. Hehad written penologicalaspect
deterrenttheory, preventive theory,retributive theory,reformative theory and
rehabilitativetheory .He had written Indian scenario define Mithu v/s state of Punjab.
Theapex court declared that u/s 303 of I.P.C. is unconstitutional. It is not tune article 14, 21,
ofconstitution. He had given example of Jagmohan sing v/s state of U.P. and Rajendra Prasad
v/s state of U.P.It seems that society wants peace, security and cleanliness for crime,there is
no solution. The person was passed death penalty it is not solution punishment of death
penalty to controlthe crime.
Sapre & Karmarkar M.D. (2012) had written in their articleAjmal kasab, sarobjeet singh and
Afzal guru cases had written death penalty is commonly used in cases of heinous crimes.
Capital punishment awarded U/s 121,132,194,302,303,305, 396, ofI.P.C. they had define
mode of execution in death question arise capital punishmentretention or abolition. Third
person point of view India peace loving country of the world our culture, traditional forget
guilty and chance to give reform himself.
Suhrith P. (2013)had written beccaria treatisepublish treatisehas two views:
1)objectives of punishment states right to take life of a citizen opposed to the society drive its
sovereignty lord Macauly drafted the Indian penal code in 1860. The only reason of murder
was punishable with death rope was punishable mere imprisonment cannot be placed on the
same class of murder the law reverts to deterrence and reformation for justification. It seems
that we change the law for rape or any crimes and awarded the death sentence for the rapist.
Aknsha A. (2013)had written in his articlemany countries the thought is different in Arabic
countries they choose retributive punishment eye for an eye other including India
restorative and reformist Indian award death penalty rarest of rare cases and hardened
criminals he had explained case law. Third person point of view death penalty must
beabolished in India.
RainaS.M.N.(2012)had writtenabolition of death penalty had referJagmohansing v/s state of
UttarPradesh and Bachan Singh V/S State Of Punjab observation of Krishna Iyer.j in
Rajendra Prasad v/s state U.P. consider the social ethical spiritual aspect of death penalty
.Bhagwati .J. violation of article of 14and 21.It seems that death penalty is violation of article
14and 21of Indian constitution 1950.Ghatak.N.M.(2011)had written mode of execution of

10
death sentence and incidental matters he had written in his article 35 threport of the law
commission on capital punishment
1967 and Royal commission on capital Punishment1949-1953 three points are observed 1)
less painful 2) quick 3) least mutilation of the body.He had definedmethod of execution feet,
throwing cliff,boiling oil, Stoning till death, etc. In India the method of execution is hanging
by the rope.
Dave M.(2012)had written in his article a key domino? Indonesia death penalty politics.
Indonesia is at cross roads regarding death penalty whether to be abolished or not Indonesia
has carried out 22 death penalties since 1998 Indonesia confuses that capital punishment with
retention or abolish.
John L.(2013)had written in his book does capital punishment deter murder. He writes
capital punishment which does not conclude and contribute in lower rates homicide. The
number of countries abolish death penalty are Britain (1973) Canada (1976) France (1981)
Australia (1985) Italy (1994). It seems in India capital punishment must be abolished and the
government must follow the example of the developed countries.
Jocelyn S.(2013)had written in his article India gang rape sentencing death penalty
explained. Had written two execution 2008 death penalty 1) Mohammad Ajmal kasab
Mumbai gun attack 2) 2013 Muhammad Afzal attacked Indian parliament had written Asian
center for human right 2001 to 2011. 455 convicts sentenced to death 203 rape resulting to
death in case of rapist on pregnant women, mentally retarded or immature girls were
sentenced to death.
Jayant S. &Bhavya N.(2012)had written in their article judicial review of clemency power
vis-a-vis capital punishment most heinous and barbarous activities are common part in
society where there are serious problems of youth. The capital punishment penal provision
should be granted in the rarest of therare cases under article 72 articles and article 161
constitution of India pardoning power of the president or governor they had given number of
examples like Mohammad Afzal case. Who was victim of both delay and at last being hanged
to death?
KannabiranK.G. (2012)had written in his bookthe deathpenalty was itself a grave crime
some countries had abolished death penalty in all crimes. India could not risk abolishing
death penalty because the maintaining social peace will be hard and there would be problems
of law and power. Unfortunately the younger generation for various reasons has turned short
tempered andless tolerant.
REFERENCE

11
1. The Death Penalty, 2008, Roger Hood and Expanded, Centre for Criminology University
of Oxford

2. The Death Penalty, A debate, 1986, Emest Van Den Haag, John P. Conrad, Plenum Press

3. Victims' Rights, Human Rights and Criminal Justice, 2008, J onathan Doak, Hart
Publishing

12
 CHAPTER 3. ANALYSES AND
INTERPRETATION

1. Gender: Male/Female

Male Female Total

13 17 30

2. Education qualification:
Under Graduate
Graduate
Post Graduate
Professional

Education qualification
UG G PG P O

3% 7%

17%

73%

13
3. Please indicate any religious affiliation.
Hindu
Catholic
Muslim
Others

Religious Affiliation
Hindu Catholic Muslim Others

8%

24%

58%

10%

4. Age Group:
18-20
21-25
25-30

14
 30-35

25

20

15

Column2

10

0
18-20 21-25 25-30 30-35

5. Capital punishment should be a sentencing option in all cases of convicted murders.

15
 12

10

0
Strongly Agree Agree Disagree Strongly Disagree Neutral

6. Capital punishment does not provide enough closure for the families of victims.

16
 Strongly Agree Agree Disagree
Strongly Disagree Neutral

7%
7%

7%

53%

27%

7. Capital punishment must be an option in cases where someone is convicted of

multiple murders.

17
12

10

0
Strongly Agree Agree Disagree Strongly Disagree Neutral

8. Fear of capital punishment keeps potential offenders from committing murder.

18
 Neutral

Strongly Disagree

Disagree

Agree

Strongly Agree

0 2 4 6 8 10 12

9. Capital punishment costs tax-players more money than what is worth.

19
10

0
Strongly Agree Agree Disagree Strongly Disagree Neutral

10. Capital punishment should be handed down only by a unanimous jury.

20
 Strongly Agree Agree Disagree
Strongly Disagree Neutral

23%
27%

20%
20%

10%

11. Capital punishment should never be applied as a sentence, no matter what.

21
 Strongly Agree Agree Disagree
Strongly Disagree Neutral

17% 20%

23%
27%

13%

12. Capital punishment contradicts societys laws against killing people.

22
 10

0
Strongly Agree Agree Disagree Strongly Disagree Neutral

13. Capital punishment prevents convicted murderers from achieving a possible religious
redemption.

23
 Strongly Agree Agree Disagree
Strongly Disagree Neutral

20% 20%

20%
27%

13%

14. Indian society has evolved to the point where it should no longer apply capital
punishment.

24
 14

12

10

0
Strongly Agree Agree Disagree Strongly Disagree Neutral

15. Capital punishment has been around throughout human history, why stop it now?

25
 Strongly Agree Agree Disagree
Strongly Disagree Neutral

7% 10%

20%

30%

33%

16. The death penalty should be used against repeating murderers, mass murderers, and
those who commit particularly horrible crimes.

26
 9

0
Strongly Agree Agree Disagree Strongly Disagree Neutral

17. The death penalty is unfair because innocent people may be convicted and executed.

27
 12

10

0
Strongly Agree Agree Disagree Strongly Disagree Neutral

18. The death penalty is fair because justice demands an eye for an eye.

28
 Strongly Agree Agree Disagree
Strongly Disagree Neutral

13%

27%

13%

13%

33%

19. The death penalty is unfair because it is used in a racially discriminatory way.

29
 Strongly Agree Agree Disagree
Strongly Disagree Neutral

7%
10%
33%

10%

40%

20. The use of the death penalty is a deterrent to other who might commit a crime.

30
 12

10

0
Strongly Agree Agree Disagree Strongly Disagree Neutral

21. I support the immediate halt to the use of the death penalty in the India.

31
 14

12

10

0
Strongly Agree Agree Disagree Strongly Disagree Neutral

22. I oppose the death penalty even if the convicted criminal desires to die.

32
 14

12

10

0
Strongly Agree Agree Disagree Strongly Disagree Neutral

23. The fact that most nations in the world have abolished the death penalty should be an
important consideration for Indians.

33
 Strongly Agree Agree Disagree
Strongly Disagree Neutral

7% 10%
10%

33%

40%

CHAPTER 4.
A. Summary :
The least offences deserve death, and I can impose no worse for higher crimes

-Draco, The first Compiler of the Penal Code of Greece.

The above mentioned quote can quite easily imply that where exactly the phrase
Draconian Laws and Methods originated. Barbarism has always been the root of
ancient man and some even argue that somehow, that still has not been lost,
evidently on account of the death penalty. In the history of punishment, capital
punishment has always occupied a very important place. In ancient times, and even
in the middle ages, sentencing offenders to death was a very common kind of
punishment. Even what might be considered as minor offences in modern criminal
law attracted the death penalty in those days. In England, there was a time when
there were as many as 200 felonies for which the punishment was the death penalty.

The Capital Punishment Project Studies--and other less comprehensive empirical

and mock juror studies--provide extraordinarily useful information for lawyers
involved in capital litigation. In this memorandum, I will provide an overview of

34
 selected, significant empirical findings, and, in some instances, offer suggestions as
to how these findings may be used by capital defense lawyers.

In conclusion, capital punishment is the best ways to use as the nation law for punish
the prisoners. The government can get benefits from that practice such as deterrence,
eliminating any serious crimes, and saving money.

B. Findings :
The narratives of these prisoners seeking mercy allow us to understand their fears,
anguish and despair, which are further aggravated by the obscurity of the process.
With little or no means to understand the complexities of the system, the prisoners
find themselves torn between abandoning hope and thinking of their life ahead.
While the law guarantees all prisoners the right to life until their last breath, grave
procedural irregularities discussed in this chapter reflect that the system completely
fails in ensuring its meaningful realisation. Due to the lack of information, prisoners
spend their time constantly wondering if the end has come, every time the huge iron
doors of the barracks are pushed open. Even after the rejection of the mercy
petition, the criminal justice system lacks the basic capabilities to ensure that the
prisoners explore the available constitutional options at the very end of their legal
battle. With this kind of inhumane treatment meted out by the State as it prepares
the final scene, the grand constitutional protections against the deprivation of life
often ring shallow for the prisoners sentenced to death.

C. Recommendations :
Shying away from a blanket ban on death sentence, the Law Commission is likely to
recommend gradual abolish in all cases, except terror related ones, as practised in
countries like the UK. According to our ancient legal system it was mentioned that,
Death sentence should be avoided even for the greatest offences, unless the guilty was a
traitor who had indulged in any activity dangerous to the security of the state, i.e. acts
prejudicial to the interest of the State.
The Law Commission of India received a reference from the Supreme Court in Santosh
Kumar Bariyar versus Maharashtra [(2009) 6 SCC 498] and Shankar Kisanrao Khade
versus Maharashtra [(2013)5 SCC 546], to study the issue of the death penalty in Indian
to allow for an up-to-date and informed discussion and debate on the subject.
This is not the first time that the Commission has been asked to look into death penalty-
the 35th Report (Capital Punishment,1967), notably, is a key report in this regard. That
Report recommended the retention of the death penalty in India. The Supreme Court has
also, in Bachan Singh versus Union of India (AIR 1980 SC 898), upheld the
constitutionality of the death penalty. However, the social, economic and cultural
contexts of the country have changed drastically since the 35threport. Further,
arbitrariness has remained a major concern in the adjudication of death penalty case in
the 35 years since the foremost precedent on the issue was laid down.
Commission says that, the death penalty does not serve the penological goal of
deterrence any more than life Imprisonment. Further, life imprisonment under Indian
law means imprisonment for the whole of life subject to just remissions which, in many

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 states in cases of serious crimes, are granted only after many years of imprisonment
which range from 30- 60 years. Retribution has an important role to play in punishment.
However, it cannot be reduced to vengeance. The notion of an eye for an eye, tooth for
a tooth has no place in our constitutionally mediated criminal justice system. Capital
punishment fails to achieve any constitutionally valid penological goals.
Commission has recommended in his report that, the death penalty be abolished for all
crimes other than terrorism related offences and waging war The Commission trusts that
this Report will contribute to a more rational, principled and informed debate on the
abolition of the death penalty for all crimes. Further, the Commission sincerely hopes
that the movement towards absolute abolition will be swift and irreversible.

BIBILIOGRAPHY

1. http://www.deathpenaltyworldwide.org

2. http://books.google.ca

3. http://filipspagnoli.wordpress.com

4. http://www.newsmax.com

5. https://www.law.columbia.edu

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 QUESTIONNIER
1. Name (optional):

2. Gender: Male/Female

3. Highest level of completed education.

A. Under graduate B. Graduate

C. Post graduate D. Others

4. Age Group:

A. 18-20 B. 21-25

C. 25-30 D. 30-35

5. Please indicate any religious affiliation.

A. Hindu B. Catholic

C. Muslim D. others

Instructions no. 1: Given below are the several statements indicating to the degree to which
you agreeor disagree with each statement by placing a () in the appropriate columns. Please
note that there is no right or wrong answers.
Strongly agree Disagree Strongly neutral
Agree disagree
1. Capital punishment should be a
sentencing option in all cases of
convicted murderers.
2. Capital punishment does not
provide enough closure for the
families of victims.
3. Capital punishment must be an
option in cases where someone is
convicted of multiple murders.
4. Fear of capital punishment keeps
potential offenders from
committing murder.
5. Capital punishment costs tax-
players more money than what is

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 worth.

6. Capital punishment should be

handed down only by a unanimous
jury.
7. Capital punishment should never
be applied as a sentence, no matter
what.
8. Capital punishment contradicts
societys laws against killing
people.
9. Capital punishment prevents
convicted murderers from
achieving a possible religious
redemption.
10. Indian society has evolved to the
point where it should no longer
apply capital punishment.
11. Capital punishment has been
around throughout human history,
why stop it now?
12. The death penalty should be used
against repeating murderers, mass
murderers, and those who commit
particularly horrible crimes.
13. The death penalty is unfair because
innocent people may be convicted
and executed.

14. The death penalty is fair because

justice demands an eye for an
eye.
15. The death penalty is unfair because
it is used in a racially
discriminatory way.
16. The use of the death penalty is a
deterrent to other who might

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 commit a crime.

17. I support the immediate halt to the

use of the death penalty in the
India
18. I oppose the death penalty even if
the convicted criminal desires to
die.
19. The fact that most nations in the
world have abolished the death
penalty should be an important
consideration for Indians.

What is your suggestions regarding capital punishment?

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