DEATH PENALTY: CRIMINAL JURISPRUDENCE
Author: Apoorva Chandra, Student at Aligarh Muslim University Centre, Malappuram
Best Citation – Apoorva Chandra, DEATH PENALTY: CRIMINAL JURISPRUDENCE, ILE Journal of Equity and Justice, 1 (1) of 2023, Pg. 01-10, ISBN – 978-81-961791-3-7.
ABSTRACT
The death penalty has a long and complex history in India, dating back to ancient times. In modern India, the use of the death penalty has been a topic of intense debate and controversy. This essay will provide a historical background of the death penalty in India, focusing on its use in the post-independence era.
This paper examines the use of the death penalty in criminal jurisprudence. It provides a comprehensive overview of the history of the death penalty and analyzes the legal, ethical, and moral considerations surrounding its use. The paper also explores the efficacy of the death penalty in deterring crime and considers alternatives to capital punishment. The research draws on a range of primary and secondary sources, including legal texts, scholarly articles, and public opinion surveys. Ultimately, the paper concludes that the death penalty remains a highly controversial and divisive issue in criminal jurisprudence, with no clear consensus on its use and effectiveness in modern society. It also explores the complex relationship between the death penalty and criminal jurisprudence. The paper provides an overview of the historical and contemporary use of the death penalty as a form of punishment, as well as an analysis of the various legal and ethical arguments for and against its use. The paper examines the impact of the death penalty on the criminal justice system, including its effects on sentencing, the appeals process, and the administration of justice. The paper also explores the role of race, class, and other social factors in the application of the death penalty. Ultimately, the paper argues that the use of the death penalty is fraught with significant legal and moral challenges, and that its continued use is incompatible with a fair and just criminal justice system.