Capital Punishment Analysis

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H.L.A Hart in his book ‘Punishment and responsibility criminal punishment and justice system (1968) the punitive measures of the punishment in the society by deterrence, by incapacitation, by rehabilitation. The guilt and innocence can figure principles for the criminal punishment. The punishment of nature involves guilt as well as suffering. The punishments are made for the wrong that vows committed. The punishment is awarded by vicarious and collative punishment the punishments as represented punishment and responsibility. The punishment carries heavy burden to justice it is a considered and intended response to wrong doers. The punishment that seeks restitution, reparation or apology from the wrong doers is the rule of law distinction between…show more content…
The historical perspective on the extreme corporal punishment is included. In his book he enlightens the readers about the socio- political, economic and legislative aspects of the issue.
S.N.Misra in his book Indian penal code (2014) explains section wise comment on the code. First of all, there is introductory part has been prefaced with a view to give the readers an idea about the meaning and elements of crime, mental element in crime, causes of crime, strict liability, vicarious liability and various landmark decisions. Various theories punishment and the history, constitutionality and justification of Capital Punishment have also been dealt with in detail. Till criminal law (amendment), 2013 all the amendments have been substituted in this
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This is in recognition that it is a violation of the right to life and the right to be free from cruel, inhuman and degrading punishment. There has, simultaneously, been pressure on countries that still retain capital punishment to ensure that they at least apply the United Nations minimum human rights safeguards established to protect the rights of those facing the death penalty. This book shows that the majority of Asian countries have been particularly resistant to the abolitionist movement and tardy in accepting their responsibility to uphold the safeguards. The essays contained in this volume provide an in-depth analysis of changes in the scope and application of the death penalty in Asia with a focus on China, India, Japan, and Singapore. They explain the extent to which these nations still fail to accept capital punishment as a human rights issue, identify impediments to reform, and explore the prospects that Asian countries will eventually embrace the goal of worldwide abolition of capital
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