The Case for Death Penalty

The Case for Death Penalty

As I opened the newspaper in the morning, I was struck by the headlines, that our President has rejected the seventeenth, and the last, pending clemency petition filed by the death row convicts in India. He has the dubious distinction of being the most efficient President as far as the studying and rejection of mercy petitions go. It was just yesterday, that I had finished reading a novel by one of the well known crime and thriller novelists of our times and it dealt with the execution of an innocent man in the state of Texas, USA and its aftermath. The narrative was fast paced yet moving and it raised questions about the justification of state sponsored revenge killing. I was still debating the issue with myself when I woke up to this news.

As a devout follower of Jainism, I have been raised on the principle of non-violence and the role of seeking and granting forgiveness as a means to achieving peace within. These principles form a major part of the daily prayers by every practicing Jain and I am no exception. Having said that, it would be a lie to claim that I, and many others like me, have attained that level of spiritual superiority where we never seek retribution. Indeed, like all other mere mortals, I have always endorsed the killing of those who commit heinous crimes: torturing, raping and murdering women and children; killing elderly in cold blood; planting bombs that result in loss of hundreds of lives. Not once have I stopped to ponder over the question of its legitimacy. However, forced to try and form an opinion on the subject, I would list the following reasons against death penalty:

·         Legitimacy of death sentence as just punishment for heinous crimes is derived not from credible studies based on its impact on crime prevention, but on the basis of the majority view. True justice is served when the punishment prevents more such incidents in the society.

·         A civilized society should not believe in killing for revenge, rather it should lay stress on rehabilitating criminals.

·         No person is born a criminal. Most of those who commit crimes against humanity are those who have been victims of such crimes in their childhood and thus, need our empathy.

·          While on the surface, a death sentence granted on the principle of ‘rarest of rare’ crimes seems to be justified, it does raise questions on what, if any, gives one human the right to judge and kill another.  

·         Even if we can somehow justify death as a punishment for certain crimes that involve extreme torture of the victim as in the case of rapes and child abuse followed by murder, is is not true that death by electric shock or injecting lethal chemicals is too easy for the convict, as opposed to solitary confinement for the rest of his natural life?

While all of the above arguments, whether originating from a sense of morality or anger, have merit, the case for death penalty is no less strong:

• Sometimes, it is the only way to bring closure to the families and friends of the victims. They need this act of revenge to move on in their lives.
• Death is a deterrent for most, if not all, criminals. If this was not the case, there would be no need for last minute appeals and clemency petitions by death row convicts. Also, it serves as a deterrent, to those serving life terms, to keep away from such crimes when they are out of prison.
• Most of the convicts, in the rarest of rare cases, do not feel remorse at their actions. Indeed, in cases involving acts of terrorism, the convicts are proud of the killings.
•  Those convicted of brutal rapes and murder, tend to commit such crimes as a force of habit, even after serving years in jail for these crimes. Society is served better by giving such criminals the harshest possible punishment.
• The civilized society fulfills its obligations by giving the accused a fair trial. Once convicted of a rare and heinous crime, the taxpayer should not be made to bear the expense of keeping the convict alive for the rest of his natural life.

While these arguments can go on and on, certain incidents like execution of innocent men and women make us question our right and the ability of the state to hand out true justice to all. Even if there is one person unjustly convicted and put to death, then there is a case for abolition of capital punishment. On the other hand, some incidents of killing, mass murder and torture end up shaking our collective sense of security, belief in humanity, and indeed in God, to the extent that the society, as a whole, gets closure only by making sure that the accused can, in no way, come back and  inflict more suffering on it.