A study on capital punishment as an injustice of society

Introduction Despite 50 years of development experience, fundamental questions remain unanswered. The world still lacks a comprehensive theoretical framework that adequately explains such phenomenon as the accelerating velocity of development exhibited by East Asian countries, the failure of Malthusian projections, the growing contribution of non-material resources not subject to depletion, the apparent failure of market policies in the transition of Eastern Europe, and conflicting predictions about the future of work based on the contrary recent experiences of North America and Western Europe. A profusion of economic theories provide explanations for specific expressions of development, but none unite the pieces into a unified theory that adequately defines the central principles, process and stages of development. The formulation of a comprehensive theory of development would make conscious the world's experience over the past years, reveal enormous untapped potentials and vastly accelerate the speed of future progress.

A study on capital punishment as an injustice of society

The Indian Jail Committee recommended various measures for the reform of child offenders. It was very much critical of the detention of the children in Jail. Since the child runs into criminality due to adverse circumstances and not because of the habit formations, he can be reformed easily.

The Committee recommended the English provisions of law in dealing with the children to be accepted in India also. In case the child offenders are less, the Magistrate may hear the case in special hours and in separate room to have a clear standing of the child with a paternal outlook.

The special Magistrate for a large area would not be beneficial to child rather it would be harmful to him for the inconvenience in bringing him to that place.

The child should be released on bail or sent to a remand home till the receipt of such information. The committee also recommended for the widening of the provisions for the release on probation of child offenders with wider discretion to the courts. The Reformatory School must be situated within or near the prison.

Buildings must be planned properly on cottage system. The Committee also recommended for the training of inmates to have the self control. After the release of these offenders, a contact must be kept with them to render them any help or assistance in case of their need. The correctional mechanism, if fails will make the whole criminal procedure in vain.

The doctrine behind punishment for a crime has been changed a lot by the evolution of new human rights jurisprudence. The concept of reformation has become the watchword for prison administration. Human rights jurisprudence advocates that no crime should be punished in a cruel, degrading or in an inhuman manner[xxi].

On the contrary, it is held that any punishment that amounts to cruel, degrading or inhuman should be treated as an offence by itself. The term prison has been defined by the Prisons Act, in an exhaustive manner[xxii].

Prison can be any place by virtue of a government order being used for the detention of prisoners. Thus even a jail will come under the definition of prison according to this definition. The modern idea about prison has been envisaged by judges through the decision making process. Even the concept of open jails has been evolved by time.

No longer can prisons be called as an institution delivering bad experiences.

A study on capital punishment as an injustice of society

Krishna Iyer, J opined prison as: The traditional definition and concept about the prison is unfit for the time. The human rights jurisprudence contributed much for the penal reforms and the same had its impact in India.

The penal reforms made all over the world have its impact in India too. The concept of penal reform had its birth from the reformative theory of punishment. Prison of the time should have a meaning that incorporates the reformative values into it.

The reformative aspect thinks of incorporating humane values into the prison system and the prison officials have to work for the achievement of the same. The extent of protection assured by the legal system for the reformative treatment of prisoners should be made under a national legal frame work and India lacks the same.

Reasons against Capital Punishment (Death Penalty)

The fundamental responsibility of prison management is to secure custody and control of prisoners. There should be a national policy frame work that substitutes the varying state legislations.

A study on capital punishment as an injustice of society

It is true that the system normally demands for reformative framework that too one in tune with the international human rights law. This objective can be easily achieved by a national legislation rather through varying state laws. India still runs with century old legislation for prison administration[xxiv].

Prisons Act is only concerned about the classification and segregation of prisoners by their nature and status of imprisonment. It failed to incorporate many of the principles laid down by the judiciary into its premises as well as recommended by the human rights law.

Prisons Act also attempt to cast the responsibility of prison administration over the state. Even the solitary confinement is still retained in the Act against which the judiciary had made their vehement dissent. The liberty to move, mix, mingle, talk, Share Company with co-prisoners if substantially curtailed would be volatile of Art.

The concept of prison labour and earning are very vague from the Act. State on the other side, follows different practices in prison administration.Capital Punishment - Injustice of Society The state of the public's satisfaction in the ways of capital sentencing does not constitute serving justice.

Today's system of capital punishment is fought with inequalities and injustices.

Reparations Perpetuate Government Injustice

The commonly offered arguments for the death penalty are filled with holes. "It was a deterrent. It removed killers.4/4(1).

Capital punishment is a barbarian act and remains a blot on the face of humanity since a very long time. There are numerous reasons against death penalty which strongly advocate the abolishment of brutal capital punishment.

Capital punishment, also known as death penalty is a “legal enforced deprivation of life based on a court decision; a lawful infliction of the extreme penalty on a person convicted of a grave offense.

Others believe the capital punishment of offenders will result in the prevention of _____ and the maintenance of _____ future crimes, an orderly society ________ is punishment by execution of someone officially judged to have committed a serious or capital crime.

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Human Capital and Sustainability | MSS Research

Research References. The following references are selected from publications within the past five years. These articles were selected to demonstrate the range of social work research related to poverty, its causes, and its impact on people and related social systems.

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