Assignment

On
Whether the death sentence should be abolished or not - Bangladesh
Perspective

Course Title : Law of Crimes Part -II

Course Code : LAW- 4146

Submitted To
Mr. Asraf Uddin
Lecturer
Lecturer , Department of Law
Leading University , Sylhet

Submitted By
Anamika Roy
ID NO: 2124050015
Semester- 6th (Batch : 44 th)
Department of Law
Leading University , Sylhet

Date of Submission- 30, August ,2023

 Introduction
Death penalty as a punishment given by a court of law for very serious crimes.
A death penalty is a form of sentencing reserved for particularly harsh
crimes that have been committed. In the United States, the death penalty is
a sentence reserved for crimes like murder, espionage, and large-scale drug
trafficking. However, in some countries crimes like stealing, rape and
adultery can earn someone the sentence of death. This form of justice is a
hotly debated topic and many people believe it to be inhumane and in
violation of a person's rights.

Whether the death sentence should be abolished or not -

Bangladesh Perspective:-

Yess, The death penalty should be abolished because, The death penalty
violates the right to life which happens to be the most basic of all human
rights. It also violates the right not to be subjected to torture and other cruel,
inhumane or degrading treatment or punishment. Furthermore, the death
penalty undermines human dignity which is inherent to every human being.
The death penalty is the ultimate cruel, inhuman and degrading punishment.
Amnesty International opposes the death penalty in all cases without
exception – regardless of who is accused, the nature or circumstances of the
crime, guilt or innocence or method of execution. Many countries and large
countries have abolished it within different states. Every day, the state
imposes and executes the death penalty for a variety of crimes

Reason of why the death penalty is wrong:-

1/ Death penalty is inhumane
Methods of execution include firing squad, hanging, electric chair and lethal
injection.

2/ The death penalty disproportionately affects certain groups

The death penalty is not a good example of blind justice. According to the

United Nations, the poor are disproportionately affected by the death penalty

on a global scale. There are a few reasons for this, including that they are

targeted more often by police, they can’t pay for good lawyers, and they
often receive free legal aid too late in the process to ensure a fair trial. In the

United States, racial discrepancies are the biggest concern for many death

penalty critics

3/ The death penalty can be used as a tool for control, not justice
In theory, the death penalty is only meant to punish the most serious crimes,
like murder. However, in places around the world, governments use
executions for non-lethal crimes. According to Amnesty International, 2021
was an especially disturbing year for executions as countries weaponized the
death penalty against protesters, minorities, and other political enemies. In
Myanmar, where the military took over, tribunals took place without the right
to appeal. Around 90 people were sentenced to death, many of them
protesters and journalists.
The Death Penalty Information Center maintains a database of exonerations,
which means the person was acquitted or the charges were dismissed
completely. Reasons include false confessions, insufficient evidence, perjury,
official misconduct, and inadequate legal defense. Data like this exposes how
flawed the justice system is and how frequent errors are. It’s not a system
we should trust with handing out the death penalty.
5/ . The death penalty doesn’t deter crime
Many crimes are committed on the spur-of-the- moment, leaving little opportunity
for potential punishments to influence whether the crime is committed in the first
place as criminals do not believe they will be caught and held to account. The death
penalty may even cause further violence.

the death penalty breaches human rights, in particular the right to life and the
right to live free from torture or cruel, inhuman or degrading treatment or
punishment
6/death penalty violates the right to life.
The Universal Declaration of Human Rights (UDHR) recognises each
person’s right to life. Article 4 of the African Charter on Human and Peoples ́
Rights (ACHPR) states that “human beings are inviolable. Every human being
shall be entitled to respect for his life and the physical and moral integrity of
his person.” This view is reinforced by the existence of international and
regional treaties providing for the abolition of the death penalty, notably the
second optional protocol of the International Covenant on Civil and Political
Rights, adopted by the General Assembly of the United Nations in 1989.
7/the death penalty is a cruel and inhuman death.
The UDHR categorically states that “No one shall be subjected to torture or to
cruel, inhuman or degrading treatment or punishment.” All forms of execution
are inhuman. No government can guarantee a dignified and painless death to
condemned prisoners, who also suffer psychological pain in the period
between their sentence and execution.
8/ the death penalty has no dissuasive effect.
No scientific study has proved that the death penalty has a more dissuasive
effect on crime than other punishments. The most recent investigation into the
links of cause and effect between capital punishment and the murder rate,
was conducted by the United Nations in 1988 and updated in 2002. It came to
the following conclusion: “...it is not prudent to accept the hypothesis that
capital punishment deters murder to a marginally greater extent than does the
threat and application of the supposedly lesser punishment of life
imprisonment.”
9/ the death penalty is premeditated murder, demeans the state and
makes society more violent.
By executing a person, the state commits a murder and shows the same
readiness to use physical violence against its victim as the criminal. Moreover,
studies have shown that the murder rate increases immediately after
executions. Researchers have suggested that this increase is similar to that
caused by other violent public events, such as massacres and assassinations.
10/ the death penalty is discriminatory in its application.
Throughout the world, the death penalty is disproportionately used against
disadvantaged people. Some condemned prisoners from the most
impoverished social classes would not have been sentenced to death if they
were from wealthier sectors of society.

Conclusion
In my opinion, don't kill them. Killing is not enough, let them live a painful lifeMost
law enforcement officials agree that the death penalty is not a deterrent to crime.
Perpetrators rarely consider the consequences when they engage in violence—if
they did they wouldn’t commit crimes in the first place. The few people who might
think about the consequences also think they won’t get caught, so the death
penalty isn’t a factor. We all want a criminal justice system that is intelligent,
effective, and creates a safer society with less crime—and evidence shows that the
death penalty has no impact on public safety. By abolishing the death penalty, we
can focus our time, energy, and resources on supporting families affected and
affected by violence.

Bibliography
Book 1/ Sarkar Ali Akkas – principal of penal
code
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