The Death Penalty An Important Development For The Human...

The right to life has garnered attention after World War II. The adoption of Universal Declaration of Human Right (UDHR) in 1948 by United Nation General Assembly was an important development for the human right regime. Article 3 to UDHR states â€Å"Everyone has the right to life, liberty and security of person.† It is a statement of a general moral principle incorporated into a political document binding on those who belong to the United Nation (UN). On the flip side, the death penalty as practiced by most of the countries had its record since the 8th century (in Roman law). The reformation movement against capital punishment took place during the last half of the century. The debates on the abolition of death penalty sill exist today within the legal fraternity, and so the purpose of this essay is to explore how far the death penalty is justifiable in view of right to life that has been enshrined in the laws. In lieu of right to life as set forth in UDHR, International Covenant on Civil and Political Right (ICCPR) provides restrictions for death penalty as it allows death penalty for the most heinous offence, and must be subject to proper due process of law and fair trial. However death penalty for the pregnant women and child under the age of 18 is absolutely prohibited. The second optional protocol to ICCPR specifically prohibits the state parties in execution of death penalty within its jurisdiction. It obligates the state parties to make necessary effort to abolishShow MoreRelatedSecular Humanism - Death Penalty1046 Words   |  5 PagesDate: 15.03.2011 Death Penalty from a Secular Humanist Point of View The United States remains in the minority of nations in the world that still uses death as penalty for certain crimes. Many see the penalty as barbaric and against American values. Others see it as a very important tool in fighting violent pre-meditated murder. From my point of view as a secular humanist, death penalty should be banned as a form of punishment. Secular humanism is a philosophical school of thought thatRead MoreDeath Penalty1288 Words   |  6 PagesCause and Effect: The Death Penalty The cause of the death penalty more often then not is politically inspired. Fear has long been a favored method for controlling the population. In the case of the execution of those found guilty of murder in developed countries such as The USA , where the motivation is simply political. More votes are gained by appealing to the sense of justice exhibited in the lower educated classes than are to be gained by appealing to those that are more educated and trainedRead MoreEssay on Capital Punishment in America1180 Words   |  5 Pagespunishment than death, not as costly as execution, and better for rehabilitation. 3) The innocent can be wrongly put to death. Conclusion: Capital punishment should be abolished. Though capital punishment might seem like the only way to get revenge, it is morally unjust. Who are we to decide whether a person should live or die? It is morally wrong, individually or through government action, to seek revenge on a murderer by means of execution. The death penalty violates our right to life. CapitalRead MoreCapital Punishment1186 Words   |  5 Pagespunishment than death, not as costly as execution, and better for rehabilitation. 3) The innocent can be wrongly put to death. Conclusion: Capital punishment should be abolished. Though capital punishment might seem like the only way to get revenge, it is morally unjust. Who are we to decide whether a person should live or die? It is morally wrong, individually or through government action, to seek revenge on a murderer by means of execution. The death penalty violates our right to life. Read MoreDefinition Of Customary International Law1710 Words   |  7 PagesWithin the scope of customary international law there are some varying norms that the international law community must deal with, which can be broken down into three different categories from most important to least important: 1) norms in which the international community allows no derogation, these are known as peremptory norms or jus cogens, 2) norms that might allow for derogation, and 3) norms that aren’t binding but some might argue should be. The classification of these customary norms isRead MoreThe Scope Of Customary International Law1681 Words   |  7 PagesWithin the scope of customary international law, there are some varying norms that the international law community must deal with, which are broken down into three different categories from most important to least important: 1) norms in which the international community allows no derogation, these are known as peremptory norms or jus cogens, 2) norms that might allow for derogation, and 3) norms that aren’t binding but some might argue should be. To classify these customary norms scholars use bothRead MoreShould There be a Capital Punishment in Kazakhstan?862 Words   |  3 Pages Capital punishment or execution is the legal process of putting a person to death as a punishment for committed crime. The death penalty is legal in many countries as Iran, USA, China, India and Sudan. However, other countries, including Kazakhstan, find it cruel and violent. This essay indicates are there more benefits or drawbacks in using capital punishment in Kazakhstan. This research will begin by evaluating the social factors of capital punishment then it will proceed to investigate theRead MoreCapital Punishment And Its Social Implications1463 Words   |  6 PagesKeywords: Capital punishment, death penalty, criminal justice The Use of Capital Punishment to Serve Justice, and its Social Implications What is Capital Punishment? Capital punishment is a practice in which prisoners are executed in accordance with judicial practice when they are convicted of committing what is known as a â€Å"capital crime.† Capital crimes are crimes deemed so heinous that they should be punishable by death. People may also use the term â€Å"death penalty† to refer to capital punishmentRead MoreThe Constitutionality Of The Death Penalty1270 Words   |  6 PagesThe constitutionality of the death penalty has been a heated topic of discussion for decades. The history of the death penalty in the United States is extensive; from a suspension to a reinstating and individual statutes throughout the 50 states. One of the most controversial of the Supreme Court cases involving the death penalty is Roper v. Simmons. In 2005, the Supreme Court ruled that the execution of people who were under 18 at the time of their crimes violates the federal constitutional guaranteeRead MoreLife Imprisonment1378 Words   |  6 Pagesa lternative to death penalty? The issue remains unresolved. Even the US Supreme Court that had abolished ‘Death Penalty’ reversed its decision when new and less cruel methods of execution were introduced.  Why does a society punish its members for certain acts that are offensive and unacceptable to its laws and codes? This can be a starting point of exploring our dilemma about death penalty vs. life imprisonment.  It is argued that fear of death deters people from committing crimes, and the penalty of death