The death penalty is also called a capital punishment and is defined as ” the killing of a person by judicial process as a punishment for an offense.” Previously it was suspended, but today it is usually done by lethal injection.
Only those who committed the main crime can be condemned to judicial execution. The main crime is a crime committed at the highest possible level. This also applies to the murder of a policeman, multiple murders, killing a child under the age of 6, or murder during jail time.
Usually, each case is analyzed separately. Usually, a judge gives you a trial that will be a jury trial or bench trial. During a bank trial, the judge will decide whether that person is guilty or not. The judges will also decide which penalty will be imposed on the person.
The judge will also make a ruling to what punishment the person will get. You always have the opportunity to talk to a lawyer and decide what kind of trial you want. Each of them has their positive and negative aspects that you can understand if you are involved in capital punishment.
By the end of 2018, a total of 52 countries were still awarding capital punishment, using various methods, including release, head decay, hanging, lethal injection, and stroke.
Amеrіса
The judicial execution is one of the controversial issues in America and other countries. Although the death penalty has become obsolete in most developed countries of the world, the United States continues to apply the death penalty in most of its states and enjoy public support; There are organizations and groups that are for and against, and each of them has its justifications based on religious, moral, and emotional bases.
The capital punishment was reinstated in 1976 and continues to its existence in the 21st century. 67% of capital conviction is overturned, seven percent of those whose sentences were overturned have been acquitted, and ten percent were re-sentenced to judicial execution. The remainder ends up with lesser sentences.
The death penalty was prescribed for major crimes, but from the beginning, the capital punishment was only used and practiced when there was no other way of punishing the criminal.
The reform movement toward capital punishment began in the 1750s in Europe by academics such as Cesare Beccaria and Voltaire.
The states in the US with the death penalty
Alabama
Arizona
Arkansas
California
Colorado
Florida
Georgia
Idaho
Indiana
Kansas
Kentucky
Louisiana
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
North Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
Wyoming
This movement was influential in Europe and ended capital punishment in 1767. In America, some intellectual were also affected by the movement. They argued that the death penalty should be abolished as a cruel act and they defended life imprisonment as a more rational way.
As a result of these efforts, in 19th century Michigan was the first state that abolished the death penalty; however, most states still practiced the death penalty for certain crimes.
Indіа
The British ruled India for 200 years, and they must take credit for giving India a civil and criminal code. Before the arrival of the British, there was hardly any criminal code and decisions were made on the spur of the moment or a vague reference to the Shariat as India was ruled by the Moslem’s.
India, after it gained independence from Britain, retained the death penalty in the statute books. But despite this punishment being in the legal system, the death sentence has been carried only at rare intervals. The last hanging took place in 2005.
The recent award of the death penalty to the perpetrators of the Bombay blasts after six years and the award of judicial execution by hanging to the lone terrorist captured during the 26/11 attack is a case that needs elucidation. Also, there is the disconcerting news that there are over 300 people on death row in India and their cases are “in the process”.
It is worth to point out that in the United States there were 53 executions during the same period. But in India, the execution of a judicial execution warrant is a time-consuming process, and the executions are postponed again and again.
It does not help that almost all terrorists judicial execution have not been carried out for reason’s that are not strictly legal. Thus, Afzal Guru, the mastermind of the attack on parliament remains on death row for more than ten years. Contrast with the swift executions of the Sikhs involved in the assassination of Indira Gandhi in 1989.
Egурt
The death penalty is a legal penalty in Egypt. The state committed at least 44 and 35 executions in 2016 and 2017 respectively. On September 8, 2018, an Egyptian court sentenced 75 people to death and 47 to life in prison. They were a member of a terrorist group and also are being charged for murder.
Chіnа
Capital Punishment is a legal penalty on the land of the People’s Republic of China. The death penalty is enforced for drug trafficking and murder. Executions are carried out by a gun bullet or lethal injection.
United Arab Emirates
The death penalty is a legal penalty in the United Arab Emirates. According to the laws of the UAE, many crimes are punishable by death, and executions are performed by hanging, platoons, or stoning.
Pаkіѕtаn
The death penalty is a legal punishment in Pakistan. Although numerous changes have been made in the Constitution, there is no provision prohibiting the death penalty as a punitive remedy.
Thаіlаnd
Thailand retains the capital punishment but is rarely used. Since 1935, Thailand has put to death about 326 people, 319 of them were shots.
Bаnglаdеѕh
The death penalty in Bangladesh is the legal form of punishment for persons over 16 years of age. In practice, however, this will not apply to persons under the age of 18 years. Crimes currently punishable in Bangladesh are listed in the Penal Code of 1860.
Ethіоріа
January 6, 2014, The National Constitutional Assembly (NCA) for the execution of the capital punishment was voted in the next constitution in Tunisia. Votes were 135 out of 174. Since 2015, the capital punishment is possible for terrorism.
Irаԛ
The Iraqi law states that no one over 70 years old can be executed, despite people like Tariq Aziz, who were sentenced to death at the age of 74. In all these judgments, there is an automatic right to appeal.
Sоuth Kоrеа
Currently, South Korea’s criminal law regulates executions as a form of punishment for certain crimes, by Article 41 of the Criminal law. These crimes include robbery-homicide (Section 338), Conspiracy with foreign countries (Section 92), Rebellion (Section 87), homicide (Section 250), and other 12 sections.
Sуrіа
These laws allow the capital punishment to be issued for treason; murder; attempting a death-eligible crime; espionage; arson resulting in death; political acts and military offenses such as bearing arms against Syria in the ranks of the enemy, abandoning the armed forces …
However, it is believed that currently around 130 Indonesians and foreign nationals are sentenced to judicial execution in Indonesia (since 2013). Every year, 12 new death sentences are imposed, although executions are rare. Many prisoners waiting for execution are waiting for ten or more years.
