Death Sentence

Death Sentence, sometimes also known as capital punishment, was a common punishment for crimes throughout the ages. The death sentence has increasingly fallen out of practice. Currently only 58 nations have the death sentence with 95 countries fulling abolishing it. Even in those countries where the death sentence is still practiced, there is a movement towards more humane methods of execution such as lethal injection.

Arguments against the death sentence

1. The death sentence has no deterrent effect. Academic debate has mainly focused on whether capital punishment has any deterrent effect,with many academics concluding it does not.
2. The death sentence is more costly than life imprisonment.Recent studies have demonstrated that the death penalty, which requires multiple layers of appeal to protect against the execution of innocent defendants, is more costly than life imprisonment.
3. The death sentence risks the execution of innocent defendants.
4. The death sentence is arbitrary and disproportionately affects minorities.
5. The death penalty prolongs suffering for victim's families by adding extensive post-trial appeals.
6. The death sentence disproportionately affects defendants with inadequate legal counsel

International Sources

International Covenant on Civil and Political Rights, Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.