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August 31, 2015

India Law Commission urges nation to abolish death penalty for all common crimes

This new article reports on an interesting and notable international sentencing reform development coming from India, a large nation within a continent which has long embraced and preserved a commitment to capital punishemnt.  The piece's extended headline provides the basics: "Law Commission recommends abolishing death penalty except in terror cases: In its 272-page draft report, the commission favoured speedy abolition of the death penalty from the statute books, except in cases where the accused is convicted of involvement in a terror case or waging war against the nation."

The full text of this lengthy report from the Law Commission of India, which is titled simply "Report No. 262: The Death Penalty," can be accessed at this link.  Here is one of many key passages leading up to the report's final recommendations:

In sum, the death penalty operates in a system that is highly fragile, open to manipulation and mistake, and evidently fallible.  However objective the system becomes, since it is staffed by humans, and thus limited by human capacities and tendencies, the possibility of error always remains open, as has been acknowledged the world over, including by the most highly resourced legal systems.

As the instances cited above indicate, while the existence of appellate procedures may reduce the chances of error, these cannot be eliminated altogether.  Given the irreversibility of the death penalty, this punishment can only be justified where the entire system works in a fool proof manner, having regard to the highest standards of due process, the fairest of investigation and prosecution, the most robust defence, and the most impartial and astute judges.  However, experiences the world over, including in India suggest, that “all it takes is one dishonest police officer, one incompetent lawyer, one over-zealous prosecutor or one mistaken witness and the system fails.”  In a perfect criminal justice system, the death penalty may be imposed error free.  However, no such system has been devised so far.  The death penalty therefore remains an irreversible punishment in an imperfect, fragile and fallible system.

August 31, 2015 at 11:19 AM | Permalink

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