✎✎✎ The Importance Of The Death Penalty In Australia

Tuesday, September 07, 2021 3:54:13 AM

The Importance Of The Death Penalty In Australia



All rights reserved. The development of social media has also created space The Importance Of The Death Penalty In Australia Harley Davidsons External Environment more informal kind of activism which seems to have proved successful in a couple of instances recently. Definition essay The Importance Of The Death Penalty In Australia essay on The Importance Of The Death Penalty In Australia in gujarati. Oct Furminator Deshedding Tool Research,PM. Etc vs State Of Punjab Etc.

The Death Penalty Debate

We made some changes, and the track obviously is evolving and feeling different when you get into the second session. Hamilton said that despite needing a strong car in race trim to be able to pass cars, the team would not lose total focus on setting it up for qualifying due to the importance of a good qualifying position. Mercedes opted against taking a complete set of power unit elements for Hamilton as it did not believe it was necessary, avoiding a back-of-grid start that Verstappen and Valtteri Bottas faced in Russia. Istanbul "a completely different F1 circuit" this year - Norris. It has been a tricky past few races for Sergio Perez. The Red Bull driver has mustered just 16 points since the British Grand Prix in July and the team's constructors' championship chances have taken a hit.

Yet the Mexican remains optimistic that he has all the tools he needs to turn his performances around. But he came into the weekend with a streak of recent crashes hanging over him. The technical directive issued by Formula 1 to reduce levels of automation in pitstops has given teams an unwelcome period of adjustment. Although safety was the primary goal, it has already had a significant impact on the title race and puts extra pressure on teams to deliver as the season reaches the business end. The Russian GP was decided by late-arriving rain that allowed some to climb and caused others to plummet. But the events which played out beforehand are equally significant when considering the all-important driver ratings.

Until rain turned the Russian Grand Prix on its head in the closing stages, Lando Norris was set to convert his first Formula 1 pole position into a maiden win. But having recovered well from being shuffled back at the start, Hamilton and his Mercedes team called the changing conditions spot-on for a landmark th F1 victory. At the Italian Grand Prix Daniel Ricciardo turned around a troubled F1 season and, in F2, Oscar Piastri demonstrated once again that he is a potential star of the future. Tickets Subscribe. Sign in. According to rights groups, Iran had executed at least people as of November As of September 21, authorities executed two people who were convicted of allegedly killing security forces during the protests. Despite domestic and international outcry, on September 13 authorities in Shiraz executed Navid Afkari, a year-old wrestler who was convicted of murdering a security guard.

Authorities did not investigate the serious allegations of torture he had raised repeatedly throughout the court proceedings. There are at least eight other people who have received the death penalty on vaguely defined national security charges in connection to their participation in widespread protests. The judiciary also executed at least two individuals who were sentenced to death for crimes they allegedly committed as children. However, several individuals who were retried under the penal code for crimes they allegedly committed as children have then been sentenced to death again.

Scores of human rights advocates, including Atena Daemi and Farhad Meysami, remain behind bars for their peaceful activism. On October 8, authorities released prominent human rights defender Narges Mohammadi after reducing her year prison sentence to eight-and-a-half years. Over the past two years, authorities have also prosecuted several lawyers, including Mohammad Najafi, Payam Derafshan, and Amirsalar Davoudi, for their human rights activism. On November 7, authorities temporarily released prominent human rights defender and lawyer Nasrin Sotoudeh who was currently serving a year prison sentence in Evin prison. Iranian courts, and particularly revolutionary courts, regularly fall far short of providing fair trials and use confessions likely obtained under torture as evidence in court.

Authorities have failed to meaningfully investigate numerous allegations of torture against detainees. Several others, including Siamak Namazi, an Iranian-American dual national who was sentenced in unfair trials to 10 years in prison—remain behind bars. On November 26, Iranian authorities released Kylie Moore-Gilbert, an Australian academic who was convicted to 10 years in prison, in exchange for three Iranian prisoners in Thailand, two of whom had been reportedly convicted in connection with the Bangkok bomb plot.

Several human rights defenders, including Shahnaz Akmali, Masoud Kazemi, Abdolreza Kouhpayeh, and Mahmoud Beheshti Langroodi, were among those released under the judicial order. In many other cases, despite the health risks, authorities have refused to grant human rights defenders temporary releases. Authorities also have opened new cases against human rights defenders who were serving time in prison. Iranian women face discrimination in personal status matters related to marriage, divorce, inheritance, and decisions relating to children.

A married woman may not obtain a passport or travel outside the country without the written permission of her husband. On July 15, Saeed Dehghan, the lawyer of Alireza Alinejad, posted on Twitter that a revolutionary court has sentenced his client to eight years in prison on charges of assembly and collusion act against national security, insulting the supreme leader, and propaganda against the state. Iran has no law on domestic violence to prevent abuse and provide protections to survivors. Hanging is execution by strangling or breaking the neck by a suspended noose. Capital Punishment has been a form of punishment since time immemorial and hanging has been used for this since the medieval times.

Nevertheless, with the advancement of technology and medicine, countries are moving towards other methods of execution such as lethal injections , electrocution , lethal gas and firing squad. Hanging is an ancient mode of execution which was a part of the Roman law crucifixion for execution , Anglo-Saxon laws, English Laws and well as German Laws.

Hanging as a punishment was a prevalent and standard mode of execution until the abolition of capital punishment in Great Britain in This traditional method of execution may involve suspending the victim from a gallows or crossbeam until death occurs of asphyxiation , or it may be that the condemned person stands on a trapdoor and when the trap is released he falls several feet until stopped by the rope tied around his neck or a knot in the noose helps jerk back the victim's head sharply enough to break the neck. In the case of Deena v Union of India, September the constitutional validity of execution by hanging was challenged on grounds that hanging as contemplated under Section 5 Cr.

C was barbarous and inhuman and thereby infringed on the right to life of the person. In the case of Rishi Malhotra v. It was also discussed that as per international standard, execution should be as quick and as simple as possible and should produce immediate unconsciousness passing quickly into death. Section of the act provides for the form of the sentence of death as; [87]. Section 2 of the CrPC provides for a bifurcated trial, where the conviction and sentencing are meant to be separate proceedings. The Supreme Court held that sentencing is an important stage in the process of administration of criminal justice and required an interdisciplinary approach. It was further stated that non-compliance of Section 2 is not an irregularity curable under Section of the Code of Criminal Procedure, as it amounts to omitting an important stage of the trial.

In his concurring opinion, Justice Fazl Ali stated that an opportunity to give evidence in respect of sentence may necessitate an adjournment; and to avoid delay, the adjournment ordinarily should be for not more than 14 days. The Supreme Court held that the decision in Santa Singh v. After convicting an accused, courts must unquestionably hear him on the question of sentence but if they omit to do so, it would be open to the higher court to remedy the breach by giving a real and effective hearing to the accused on the question of sentence. The accused must be permitted to adduce before the Court all the data which he desires to adduce on the question of sentence. The Court may adjourn the matter in order to give to the accused sufficient time to make submissions on sentence.

Consequently, the Supreme Court granted liberty to the accused persons to produce materials on the question of sentence. It was argued by the accused persons that the Trial Judge had not considered the aggravating and mitigating circumstances in respect of each individual accused. State of Punjab, August and Dagdu v. State of Maharashtra, April , and held that there are two modes to cure sentencing defects- 1.

Following the second mode, the Court gave an opportunity to the accused persons to file affidavits along with documents stating the mitigating circumstances. The counsels for the accused were allowed daily visits to the prison in order to communicate with the accused persons and file the requisite affidavits and materials. The prosecution was also granted liberty to file affidavits in response to the ones filed by the accused.

The final judgment in this case was delivered on 5 May In Bachan Singh v. The Supreme Court attempted to explore the doctrine of rarest of rare in the Machhi Singh v. State of Punjab, July , three years after the Bachan Singh v. State of Punjab, May judgment. Also, the Court listed the two question that needs to be answered prior to the imposition of death sentence on individual cases. Firstly, is the offence committed so exceptional that there is no scope for awarding any other sentence?

Secondly, even when weightage is accorded to the mitigating circumstances does the circumstances still warrants death penalty? It was held that the judges must prepare a balance sheet of aggravating and mitigating circumstance of the crime and criminal and analyze the factors prior to making up choice between death sentence and life imprisonment. However, the Supreme Court held that the death penalty may imposed on the ground where the collective conscience of the society is shocked that expect the judicial authorities impose the death sentence.

Thus, this precedent and subsequent line of cases had systematically permitted the justification of death sentence on the manner, nature and gravity of the crime, without taking into the account of circumstances of the criminal, in order to exercise judicial discretion on the death sentence. The fundamental contribution of Bachan Singh was that the focus of sentencing policy in regards to the death penalty shifted from crime to crime and criminal both.

However, this judicial contribution was drastically altered in the Ravji v. State of Rajasthan, December Subsequently, the precedent in Ravji was relied on as authoritative precedent. These judgments confirmed the death sentence without considering any mitigating circumstances related to the criminal. This position was directly contradictory to Constitutional bench judgment of Bachan Singh v. State of Punjab, May Finally, the Ravji v. State of Maharashtra, May The Santhosh Kumar Satishbhushan Bariyar v. State of Maharashtra, May judgment holds an important position in the attempt of Supreme Court to principally regulate the judicial discretion and bring consistency in the sentencing discretion of the judiciary in regards to death penalty.

The Supreme Court in Bariyar held that the exclusive focus on the crime provided in the Ravji v. State of Rajasthan, December precedent is per incuriam, as it breaches the principles revolving around doctrine of rarest of rare propounded in Bachan Singh v. The Bariyar judgment again reemphasized that the aggravating and mitigating circumstances related to the sentencing discretion must not only be limited to crime alone, but both the factor crime and criminal should be taken into account. It has interpreted the Bachan Singh dictum in a radical manner, specifically on the sentencing aspect of death penalty.

The first and foremost contribution of Bariyar judgment is that it undoubtedly rejected the strict channeling of discretion or classification of particular types of offences deserves death sentence. The Court asserted that the judiciary is a counter-majoritarian institution and individual rights should be given more importance. The Supreme Court in Sangeet v. State of Haryana, November , seriously expressed reservation regarding inconsistent and incoherent application of sentencing policy with respect to analyzing the aggravating and mitigating circumstances.

Furthermore, the Supreme Court also critiqued the categorization of the crime manner of commission of murder, motive for commission of murder, antisocial or socially abhorrent nature of the crime, magnitude of crime and personality of victim of murder propounded in Machhi Singh v. State of Punjab, July The Court noted that Machi Singh standardization of the crime considerably enlarged the scope of imposing death sentence, which was severely restricted in Bachan Singh v. State of Punjab, May and also affirmed that the standardization shall not be taken as absolute or inflexible rule in the sentencing policy of the death sentence.

Once the aggravating circumstances are the fullest extent and no mitigating circumstances, the court needs to be satisfied with the rarest of rare case. In this case, the accused was convicted of the rape and murder of a three-year-old girl. In review, a three-judge bench commuted his sentence to life imprisonment. The Court also held that mere pendency of one or more criminal cases against a convict cannot be a factor for consideration while awarding sentence.

The Supreme Court, through the majority opinion of Justice Nariman, upheld the sentence of death imposed upon the appellant. Justice Sanjeev Khanna dissented on the question of sentence and chose the lesser sentence of life imprisonment without remission. State of Punjab, July required two questions to be answered to determine if a case was rarest of rare. These were whether there was something uncommon about the crime which rendered life imprisonment inadequate and whether the circumstances of the crime were such that there was no alternative but to impose the death sentence.

Justice Khanna opined that the five categories indicated by the court in Machhi Singh v. State of Punjab, July manner of commission of murder, motive of the murder, anti-social or abhorrent nature of the crime, magnitude of the crime and personality of the victim related to the first question. The second question also has to be answered which could be done by reference to mitigating circumstances. He reiterated that the death sentence could be imposed only when the sentence for life is unquestionably foreclosed. In the facts of the case, Justice Khanna noted that the appellant had confessed to the crime before a magistrate without compulsion and this, he stated, was the first step back into society and should be treated as a mitigating circumstance.

He therefore opined that the appropriate punishment in this case would be life imprisonment without remission. The role of public opinion first gained prominence in the capital sentencing framework through the case of Machhi Singh v. State of Punjab, July , which allowed imposition of the death penalty in case of anti-social or socially abhorrent nature of the crime. Subsequently, in the case of Dhananjoy Chatterjee v. State of West Bengal, January , the Supreme Court held that the punishment must befit the crime so that courts reflect public abhorrence of the crime. Recently, in MA Antony v. State of Kerala, December , the Supreme Court commuted the death sentence into life imprisonment and noted that the trial court committed an error by taking into account the disturbance caused by the crime to the collective conscience of the society.

However, public opinion and collective conscience have played a major role in imposition of the death penalty in several cases in India, including Mukesh v. State of NCT Delhi, May , which resulted in the execution in March of four persons convicted of gangrape and murder of a young woman in Delhi. In Ashok Debbarma v. State of Tripura, March , the Supreme Court commuted the death sentence to life imprisonment with a minimum of twenty years. The court stated that there could be a state of lingering uncertainty that exists, beyond 'reasonable doubt' but below 'absolute certainty'.

In , the Supreme Court reiterated the 'residual doubt principle' of Ashok Debbarma in Ravishankar v. State of Madhya Pradesh, October and held that it creates a higher standard of proof over and above the 'beyond reasonable doubt' threshold in order to sentence someone to death. One of the questions involved the validity of the special category of sentence as created by Swamy Shraddhanada Murli Manohar Mishra v. State of Karnataka, July State of Karnataka, July was valid in law. However, the constitutional powers of remission under Articles 72 and would be unaffected by such a sentence. The dissenting judges, Lalit and Sapre, speaking through Lalit held that such a sentence was not valid in law as it would amount to legislating a new sentence, and it was also trenching into the domain of the executive.

The law provided for certain persons to be exceptions to the liabilities imposed by Criminal law. The law assumes persons such as children below the age of 7 and insane persons to be incapable of understanding the consequences of their act and therefore does not hold them accountable for any of the offences. The rule further extends to death penalty as well, i. The legality of the death sentence and its relation with the mental illness of the accused was discussed in various cases by the Indian Judiciary. NCT of Delhi, March , the Court commuted the death sentence of the convict on the ground of inordinate delay in the execution of sentence and mental health problems faced by the petitioner. Union of India, January , while discussing various other supervening circumstances which would lead to the sentence of death being commuted, it was held that mental illness of the prisoner would be a factor which would lead to a commutation and that no mentally ill person may be executed.

In Accused X v. State of Maharashtra, April , the Supreme Court in this case recognized post conviction mental illness as a mitigating factor to convert death penalty to life imprisonment. The court noted that these disorders generally include schizophrenia , other serious psychotic disorders, and dissociative disorders with schizophrenia. Therefore, the test envisaged herein predicates that the offender needs to have a severe mental illness or disability, which simply means that a medical professional would objectively consider the illness to be most serious so that he cannot understand or comprehend the nature and purpose behind the imposition of such punishment.

The notion of death penalty and the sufferance it brings along causes incapacitation and is idealised to invoke a sense of deterrence. If the accused is not able to understand the impact and purpose of his execution because of his disability, the purpose for the execution itself collapses. The infamous and brutal gang rape case also known as the Nirbhaya rape case brought the issue of sexual violence into the notice of public, media and the Government of India. Responding to the protests and campaigns the government formed a committee headed by former Chief Justice of India , Justice J.

It made recommendations on laws related to rape, sexual harassment, trafficking, child sexual abuse, medical examination of victims, police, electoral and educational reforms. In its conclusion on capital punishment for sexual offences, the committee held:. It is also stated that there is considerable evidence that the deterrent effect of the death penalty on serious crimes is actually a myth.

According to the Working Group on Human Rights, the murder rate has declined consistently in India over the last 20 years despite the slowdown in the execution of death sentences since However, we have enhanced the punishment to mean the remainder of life. In consonance with the recommendations made by the Justice Verma Committee, the Government of India enacted the amending Act on The amendment has led to the insertion of four new sections and recognised certain acts as offences.

Capital punishment for these specific offences was introduced through the Verma Committee categorically recommended against the punishment of death for the offence of rape. In the wake of public resentment over Kathua and Unnao rape cases, the laws dealing with sexual assault and rape underwent a major change. It started with several states like Madhya Pradesh , Haryana , Rajasthan and Arunachal Pradesh passing bills in their respective assemblies prescribing the death penalty for those convicted of raping girls less than 12 years.

The bill was passed by both the Houses of Parliament by 6 August and received Presidential assent. During review, it was opposed by some of the MPs in the Rajya Sabha. The deadline for the completion of trial in all rape cases will be two months. A six-month time limit for disposal of appeals in rape cases has also been prescribed. There will also be no provision for anticipatory bail for a person accused of rape or gang rape of a girl less than 16 years. The abolition of the death penalty has been a debatable question all across and has been called upon for discussion in various international forums. The Convention on the Rights of the Child CRC also lays down provisions on similar lines stating that no child person below eighteen years of age can be subjected to torture or other cruel treatment such as life imprisonment without possibility of release.

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