MOUNT KENYA UNIVERSITY
CRIMINAL LAW II
8TH JULY 2012
GROUP MEMBERS ADM
1. ANTHONY GACHERU DLAW/111/03297
2. DANIEL MUIRURI DLAW/111/02254
Disscuss
Crimes that carry the death sentences
Under Kenyan law, offences of murder, treason and robbery with violence, including attempted robbery with violence, carry a mandatory death sentence3. In this paper, the National Commission seeks to demonstrate the urgent need for the abolition of the death penalty from Kenya’s statutes. This is because the death, penalty is a violation of the fundamental right to life.
The death penalty
The death penalty entails the taking away of a person’s life after conviction on a capital offence by a competent court. This form of punishment has
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It is this duty to protect life that both the state and the individual pledge to uphold under the Constitution and other international human rights instruments that Kenya has ratified.19 Guarantee of the right to life is the very minimum requirement for the enjoyment of other human rights since other rights cannot be enjoyed in a vacuum.
In Catholic Commission for Justice and Peace in Zimbabwe vs. the Attorney General & Others (1993) 2LRC 277
Nearer home in Uganda, the Constitutional court on the petition of 417 inmates who had been on death row for an average of 10 years, some as long as 20 years, declared, following the Zambian case, that prisoners did not lose all their constitutional rights and freedoms upon conviction; only those rights inevitably removed from them by law either expressly or by implication. The court found that the prolonged delay on the death row had adverse effect on the condemned prisoners’ physical and mental state as a result of “the death row syndrome” which, as internationally accepted, amounts to cruel, inhuman or degrading treatment which is prohibited by the constitution.
Retribution
One often
The death penalty or in other words capital punishment is a form of execution used for a long time. It is a form of punishment that was and still is used by several countries for various types of crimes for hundreds of years. However the death penalty has become a very debatable and confronting issue for last decades due to the fact of people having different opinions on this issue. In some countries it is considered to be a part of the judicial system, while
The death penalty is the punishment of execution, administered to someone legally convicted of a capital crime (law.cornell.edu, 2015). The first Congress of the United States authorized the federal death penalty on June 25, 1790 (deathpenalty.org, 2011). The death penalty can also be referred to as capital punishment, however capital punishment also includes a sentence to life in prison, as opposed to strictly executions. A convict can be sentenced to death by various methods including lethal injection, electrocution, gas chamber, firing squad, and hanging. After the death penalty was established, many debates have arisen arguing that these methods violate several of the United States’ Amendments. Select cases have been accused of violating the Sixth, Eighth, and Fourteenth Amendments. It is important to note that the judiciary goes through a series of processes prior to deciding a sentence for a capital crime. Many factors influencing the verdict include proportional analysis, individualized sentencing, method of execution, and classes of people not eligible of the death penalty. This paper will discuss brief descriptions of the methods used for executions, economical issues, the Supreme Court’s opinion regarding the death penalty, as well as important factors that make up the proportional analysis, individual sentencing process, method used, and determining classes of people who are not eligible for the death penalty.
“Enjoy life today, yesterday is gone and tomorrow may never come,” said an unknown author. The death penalty faces many pros and cons as to why it should be legal and illegal. Capital punishment is another name for the death penalty. So many people are clueless as to what the death penalty even is or what it does. The death penalty is the punishment of execution, administered to someone legally convicted of a capital crime. Crimes to be punished by death differs from every state and country. Usually the death penalty comes to action when the capital crime is murder or rape; capital offense usually means bail will not be an option. Even though the death penalty gives closure to the victim’s families who have suffered so much, the death penalty
Death penalty means sentencing the convicted to execution as carried out by the state and the judicial system. Set it in stone that the definition of death penalty is much more deeper than this. The argument of the death penalty is something that might not see an end anytime soon. It is deemed controversial because at stake is the life of an individual,his values, his morals, and dignity. Whether he still obtains morals and dignity is in the eye of the beholder but nonetheless should be taken into account. Ideals of utilitarian as well as retributivism are taken into account when discussing the death penalty and whether it is morally just, or immoral as well as ethical. Retribution along with the key words previously stated are just as
An innocent man is wrongly executed whilst a man who raped and murdered a mother and her thirteen year old daughter spends the rest of his life with three meals a day and cable television. Which of these is the bigger injustice? The use of the death penalty to punish serious crimes is a very controversial topic and there is much debate surrounding the issue. This paper will briefly discuss arguments supporting and against the use of the death penalty.
Death penalty is a just punishment for crimes committed against the rights of life, freedom and safety of victims. Some people are of the opinion that death should be only being justified with death; this gives the idea that the perpetrator of a crime should be
Capital Punishment, the process by which the government takes the life of an offender for crimes committed against humanity. Capital Punishment also referred to as the “death penalty” has played a role in the correctional process dating back to 1608 in Jamestown. Over the years the use of Capital Punishment has fluctuated. Like most areas of corrections the death penalty has become reformed and altered to needs of modern day society. Like most controversial issues the majority of people have a firm stance, either supporting or opposing.
The death penalty is defined as the punishment of execution, administered to someone legally convicted of a capital crime. The death penalty goes as far back to the Eighteenth Century B.C. in the Code of Hammurabi. In the Code of Hammurabi it had a death penalty for 25 different crimes. Back then methods of execution were crucifixion, drowning, beating to death, burning alive, and impalement. (Source #1).
The question of capital punishment has been stirring heated debate in regards to whether it indeed does or doesn’t deter crimes. It is important before venturing deeper to understand what death penalty/capital punishment is. Capital punishment refers to a legal course of action where the state puts one to death as a punishment for a crime. The decree by the judiciary for a
Let us begin by stating the death penalty is the punishment of execution, administered to someone legally convicted of a capital crime. The first recorded death penalty dates to the eighteenth century which can be found in the Code of King Hammurabi of Babylon (Death penalty curriculum). This code is arranged to the death penalty for over twenty different offenses. The United States of America adopted the death penalty from Britain and were performed as beheadings, boiling in oil, burying alive, crucifixion, and many other death punishments. The Death Penalty is only giving to punish criminals that
The intent of this paper is to share the views of those who oppose capital punishment. I, for one, am part of the majority that is in support of the death penalty. I am in agreeance of the old saying of “An eye for an eye”. The death penalty is one of the most controversial issues in our criminal justice system. There is an increase in opposition against the death penalty, not only in the United States. Many Americans feel that capital punishment is wrong. It is hard for people to fathom the idea of putting someone else to death. It is not the physical mechanics involved in executions that are hard to handle. It is the emotions involved in carrying out the process. Many feel that the death penalty violates the eight Amendment of a
The death penalty punishment is given to criminals who have committed dreadful crimes and is
The death penalty is “death as a punishment given by court of law for very serious crimes. It is also referred to as capital punishment” (Merriam-Webster, Incorporated, 2017). In other words, if a person commits a crime that their government, State and/or Federal, considers a capital offence then that person is susceptible to receive a death sentence as punishment for
The death penalty, also known as capital punishment or execution, is a punishment that kills someone for committing a crime, usually murder. Almost every place in the world has had a death sentence penalty, but it’s mostly seen in the United States through a judicial system. The death penalty is a cruel and unethical way of justice. There must be a way to solve this complex issue.
A rarity exists in a single topic that can cause a degree of controversy so large that it attracts politicians, judges, community organizers, economists and even religious officials to discuss it. This issue is one that some support and others oppose; that is, the issue of capital punishment. Capital punishment is loosely defined as the execution of an offender who is sentenced to death after conviction by a court of law for a criminal offense (Encyclopedia Britannica). This execution of an offender model exists in many nations and also in many forms. For instance, in the country of Zimbabwe, executions are carried out for individuals convicted of treason and drug trafficking, and is exclusively in the form of hanging (Death Penalty Worldwide 2015). Although capital punishment exists around the world, the focus of this paper will be centered on the United States, on the state level. Capital punishment is legal in some states, but the legality does not imply that it is free of problems. There have been growing concerns and strong evidence of the problem of capital punishment. However, the two issues featured in this paper will be issues on racial bias, questions of innocence. These concerns will be analyzed in the following sections: definition of the problem, unit of analysis, analysis of political coalitions, analysis of policy