Page 106 - LECTURETTE TOPICS eBOOK

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here is also to serve justice for the damage caused and prevent such incidents from
happening again. The person who has committed such a crime is a potential threat
to the society. There is a chance that the person might repeat his crime after serving
his term. Carrying out capital punishment abolishes this threat.

It may seem just to a number of people, but there are also those who oppose capital
punishment and consider it as inhuman and unethical. The argument laid by people
opposing it is that murder is heinous and inhuman for everyone, even if it is
committed by the government as a means of justice. There will be no difference
between the offender and the government if this punishment is carried out. It is
always a better option to imprison the offender as he may want to change himself
and not giving a second chance seems wrong.

The most important point raised against capital punishment is wrongful execution. It
is argued that not all convictions that take place are correct. Since most of the cases
are hugely dependent upon evidence, lawyers, witnesses and the judgment of the
court, there may be a chance that the person might receive a death penalty for a
crime that he never committed, but was unable to prove the same in the court of law.
There have been instances in the past where the offender was later found to be
innocent and the conviction was revoked, but if in cases like those a death penalty
had been awarded as a punishment, it would have been an irreversible wrongful
act.s

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The 36 report of the law commission submitted in 1967 states that the abolition or
awarding of the death penalty should be carried out only after considering a balanced
approach for and against it. One single argument cannot be a deciding factor for the
punishment to be awarded or abolished. Above all, the protection of the society is
of utmost importance and the prime factor while making this decision.

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