Volume : 7, Issue : 5, May - 2018

DEATH PENALTY - A BRIEF HISTORY

Dr. Yedla Prabhakar

Abstract :

<p> Society has always used punishment to discourage would be criminals from unlawful action. Since Society has the</p> <div>highest interest in preventing murder from unlawful action, it uses the strongest punishment available to deter</div> <div>murder, and that is the Death Penalty.</div> <div>There are however two major problems: Is the Death Penalty, in the light of its potential deterrent effects as measured by the available</div> <div>criminological data, a more adequate means for protecting the community than other modes of punishment ?</div> <div>Chapter 26, the 􀃶nal chapter of the Dhammapada, states, “Him I call a Brahmin who has put aside weapons and renounced violence toward</div> <div>creatures. He neither kills nor helps others to kill.” These sentences are interpreted by many Buddhists (especially in the West) as an</div> <div>injunction against supporting any legal measure which might lead to the death penalty. However, as is often the case with the</div> <div>interpretation of scripture, there is dispute on this matter. Historically, most states where the official religion is Buddhism have imposed</div> <div>capital punishment for some offenses.</div> <div>Some forms of Islamic law, as in Saudi Arabia, may require capital punishment, but there is great variation within Islamic nations as to actual</div> <div>capital punishment. Apostasy in Islam and stoning to death in Islam are controversial topics. Furthermore, as expressed in the Quaran,</div> <div>capital punishment is condoned. Instead, murder is treated as a civil crime and is covered by the law of retaliation, whereby the relatives of</div> <div>the victim decide whether the offender is punished with death by the authorities or made to pay diyah as compensation.</div> <div>Muslims frequently refer to the story of Cain and Abel when referring to killing someone. The Qur‘an says the following: “If anyone kills</div> <div>person-unless it be (a punishment) for murder or for spreading mischief in the land – it would be as if he killed all people. And if anyone</div> <div>saves a life, it would be as if he saved the life of all people” (Aur‘an 5”32).</div>