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Ishwor
Joined: Jul 4, 2009
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Gender & Age: Male & 23
Country: Nepal
Province/State: Bagmati
City: Kathmandu
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Is it the violence of human right?
July 11, 2009 - 07:32 AM
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Capital punishment to the brutal criminal: is it the violence of human right?
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Simon James
Joined: Jan 13, 2009
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Country: Nigeria
Province/State: Lagos
City: Lagos
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Re: Is it the violence of human right?
July 12, 2009 - 01:24 PM
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All forms of punishment has justification in every society. It can either be for the purpose of reformation,deterence, incapacitation,restitution, renuonciation by the community that they abhor such acts. The purpose of capital punishment usually is to incapacitate the offender and deter othe members of the public who are intending to commit such acts. It is also a way of the soceity saying certain acts are reprehensible.
Research in recent times shows that capital punishment doesnot serve the purpose of deterrence. Inspite of capital punishment for offences like Murder, armed robbery, treason etc,in some jurisdiction incidences of such act seems to be on the increase.It is on this basis that some criminologist, legal scholars and jurist are suggesting the abolishion of capital punishment.
Personally, I am not in support of abolishion of capital punishment. However there are certain offences that I think capital punishment should not apply.But for offence like Murder the penalty should still be death. offcourse we all have the Fundamental Right to life and this right should not be denied. How ever this right is not absolute for there are few exceptions. In the interest of justice, a person who denies another of his right to life, does not deserve to enjoy the same right he has denied someone else. He has diturbed the equillibrum in the soceity. The state must step in to restore this balance that has been distorted. justice in this sense is not one way but three; justice for the accussed that he should get his just desert, justice for the deceased whose blood is crying for vengeance in heaven and justice for the soceity or state whose law has been breached.
Capital punishment is not a violence of the Fundamental Human Right but a necessary safeguard to ennsure that the provision is not breached with impunity
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Simon James
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