By:By:

Vipul GuptaVipul Gupta

IIM KozhikodeIIM Kozhikode

Purpose of Punishment

IncapacitationA felon in prison cannot commit crimes while imprisoned. An executed felon cannot commit a crime ever again.

DeterrenceThe threat of punishment deters people from engaging in illegal acts.

RestitutionThe felon is required to take some action to at least partially return the victim to the status quo ante.

RetributionThe felon harmed society; therefore society (or the direct victims) is entitled to inflict harm in return.

RehabilitationThe punishment changes the felon in order to make him a better citizen afterwards. (The punishment can include mandatory vocational training, counseling, drug treatment, etc.)

Incapacitation• Effect of a sentence in terms of positively preventing (rather than merely

deterring) future offending• Imprisonment incapacitates the prisoner by physically removing them

from the society against which they are deemed to have offended• Quite simply, those incarcerated can not commit further crimes against

society• Cutting off a hand of a thief is also an example; this acts to prevent further

thefts in a drastic manner, in addition to it having a perceived deterrent effect on others

Restitution

• The law of restitution is the law of gains-based recovery.• In the context of Criminal Law, state programs under which an offender is

required, as a condition of his or her sentence, to repay money or donate services to the victim or society; with respect to maritime law, the restoration of articles lost by jettison, done when the remainder of the cargo has been saved, at the general charge of the owners of the cargo; in the law of TORTS, or civil wrongs, a measure of damages; in regard to contract law, the restoration of a party injured by a breach of contract to the position that party occupied before she or he entered the contract

• The general term restitution describes the act of restoration. The term is used in different areas of the law but carries the same meaning throughout

• When a court orders restitution it orders the defendant to give up his/her gains to the claimant

Deterrence• A theory that criminal laws are passed with well-defined punishments to

discourage individual criminal defendants from becoming repeat offenders and to discourage others in society from engaging in similar criminal activity

• Deterrence is the use of punishment as a threat to deter people from offending

• The concept of deterrence has two key assumptions:– Specific punishments imposed on offenders will "deter" or prevent them from

committing further crimes– Fear of punishment will prevent others from committing similar crimes

Retribution• Theory of justice that considers punishment, if proportionate, to be the

best response to crime• Punishment is justified by the moral requirement that the guilty make

amends for the harm they have caused to society• When an offender breaks the law, justice requires that they forfeit

something in return• In ethics and law, the aphorism "Let the punishment fit the crime" is a

principle that means that the severity of penalty for a misdeed or wrongdoing should be reasonable and proportionate to the severity of the infraction

• Its presence in the ancient Jewish culture is shown by its inclusion in the law of Moseslaw of Moses[Deuteronomy 19:17-21 and Exodus 21:23-21:27], which includes the punishments of "life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.“

• Depending on the retributivist, the crime's level of severity might be determined by the amount of harm, unfair advantage or moral imbalance the crime caused

Rehabilitation

• An idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community

• Established in legal practice in the 19th century, rehabilitation was viewed as a humane alternative to retribution and deterrence, though it did not necessarily result in an offender receiving a more lenient penalty than he would have received under a retributive or deterrent philosophy

• an offender would be released on probation under some condition; in other cases it meant that he would serve a relatively longer period in custody to undergo treatment or training

• One widely used instrument of rehabilitation in the United States was the indeterminate sentence, under which the length of detention was governed by the degree of reform the offender exhibited while incarcerated.

SUMMARY

Definition of Capital Punishment

• Capital punishment, Death Penalty, or execution is the infliction of death upon a person by judicial process as a punishment for an offence

• Crimes that can result in a death penalty are known as capital crimes or capital offences

Different Forms

Different Forms Cont.

Different Forms Cont.

1. Hanging• Until the 1890s, hanging was the primary method of execution used in the United States.

Hanging is still used in Delaware and Washington• Steps:

1. The inmate may be weighed the day before the execution, and a rehearsal is done using a sandbag of the same weight as the prisoner. This is to determine the length of 'drop' necessary to ensure a quick death

2. If the rope is too long, the inmate could be decapitated, and if it is too short, the strangulation could take as long as 45 minutes.

3. The rope, which should be 3/4-inch to 1 1/4-inch in diameter, must be boiled and stretched to eliminate spring or coiling

4. The knot should be lubricated with wax or soap "to ensure a smooth sliding action," according to the 1969 U.S. Army manual

5. Immediately before the execution, the prisoner's hands and legs are secured, he or she is blindfolded, and the noose is placed around the neck, with the knot behind the left ear.

6. The execution takes place when a trap-door is opened and the prisoner falls through.

7. The prisoner's weight should cause a rapid fracture-dislocation of the neck. However, instantaneous death rarely occurs. (Weisberg, 1991)

8. If the inmate has strong neck muscles, is very light, if the 'drop' is too short, or the noose has been wrongly positioned, the fracture-dislocation is not rapid and death results from slow asphyxiation.

1. If this occurs the face becomes engorged, the tongue protrudes, the eyes pop, the body defecates, and violent movements of the limbs occur. (The Corrections Professional, 1996 and Weisberg, 1991)

Hanging(In India)• The Code of Criminal Procedure (1898) called for the method of execution

to be hanging. • The same method was adopted in the Code of Criminal Procedure (1973).• Section 354(5) of the above procedure reads as

"When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.“

2. Electrocution• Seeking a more humane method of execution than hanging, New York built the first electric

chair in 1888 and executed William Kemmler in 1890. Soon, other states adopted this execution method.

• Electrocution was the sole method in Nebraska until the State Supreme Court ruled the method unconstitutional in February 2008

• Steps:1. the person is usually shaved and strapped to a chair with belts that cross his chest, groin, legs, and arms.

2. A metal skullcap-shaped electrode is attached to the scalp and forehead over a sponge moistened with saline. The sponge must not be too wet or the saline short-circuits the electric current, and not too dry, as it would then have a very high resistance.

3. An additional electrode is moistened with conductive jelly (Electro-Creme) and attached to a portion of the prisoner's leg that has been shaved to reduce resistance to electricity.

4. The prisoner is then blindfolded. (Hillman, 1992 and Weisberg, 1991)

5. After the execution team has withdrawn to the observation room, the warden signals the executioner, who pulls a handle to connect the power supply.

6. A jolt of between 500 and 2000 volts, which lasts for about 30 seconds, is given. The current surges and is then turned off, at which time the body is seen to relax.

7. The doctors wait a few seconds for the body to cool down and then check to see if the inmate's heart is still beating. If it is, another jolt is applied. This process continues until the prisoner is dead.

8. The prisoner's hands often grip the chair and there may be violent movement of the limbs which can result in dislocation or fractures. The tissues swell. Defecation occurs. Steam or smoke rises and there is a smell of burning.

9. ...the prisoner's eyeballs sometimes pop out and rest on [his] cheeks. The prisoner often defecates, urinates, and vomits blood and drool. The body turns bright red as its temperature rises, and the prisoner's flesh swells and his skin stretches to the point of breaking. Sometimes the prisoner catches fire....Witnesses hear a loud and sustained sound like bacon frying, and the sickly sweet smell of burning flesh permeates the chamber. (Ecenbarger, 1994)

“The brain appears cooked in most cases”

Electrocution(In India)

There is NO provision of death by electrocution in India!

3. Lapidation (Stoning)• Lapidation or Stoning, is a form of capital punishment whereby a group throws stones at a

person until death ensues• Stoning is called Rajm in Islamic literature• It remains a legal form of judicial punishment in United Arab

Emirates, Iran, Iraq, Qatar, Mauritania, Saudi Arabia, Somalia, Sudan, Yemen, Northern Nigeria, Aceh in Indonesia, Brunei and Pakistan

• Steps:The 2008 version of Islamic Penal Code of Iran detailed how stoning punishments are to be carried out for adultery, and even hints in some contexts that the punishment may allow for its victims to avoid death: (Amnesty International (2008), Iran - End executions by Stoning)–Article 102 – An adulterous man shall be buried in a ditch up to near his waist and an adulterous woman up to near her chest and then stoned to death–Article 103 – In case the person sentenced to stoning escapes the ditch in which they are buried, then if the adultery is proven by testimony then they will be returned for the punishment but if it is proven by their own confession then they will not be returned–Article 104 – The size of the stone used in stoning shall not be too large to kill the convict by one or two throws and at the same time shall not be too small to be called a stone–Depending upon the details of the case, the stoning may be initiated by the judge overseeing the matter or by one of the original witnesses to the adultery

Lapidation (In India)

There is NO provision of death by stoning in India!

4. Lethal Injection• In 1977, Oklahoma became the first state to adopt lethal injection as a means of execution,

though it would be five more years until Charles Brooks would become the first person executed by lethal injection in Texas on December 2, 1982.

• Today, all of the 32 states that have the death penalty use this method• Steps:

1. The condemned person is usually bound to a gurney and a member of the execution team positions several heart monitors on this skin.

2. Two needles (one is a back-up) are then inserted into usable veins, usually in the inmates arms

3. Long tubes connect the needle through a hole in a cement block wall to several intravenous drips

4. The first is a harmless saline solution that is started immediately

5. Then, at the warden's signal, a curtain is raised exposing the inmate to the witnesses in an adjoining room

6. Then, the inmate is injected with sodium thiopental - an anesthetic, which puts the inmate to sleep.

7. Next flows pavulon or pancuronium bromide, which paralyzes the entire muscle system and stops the inmate's breathing

8. Finally, the flow of potassium chloride stops the heart

9. Death results from anesthetic overdose and respiratory and cardiac arrest while the condemned person is unconscious. (Ecenbarger, 1994 and Weisberg, 1991)

10. Medical ethics preclude doctors from participating in executions. However, a doctor will certify the inmate is dead.

11. This lack of medical participation can be problematic because often injections are performed by inexperienced technicians or orderlies. If a member of the execution team injects the drugs into a muscle instead of a vein, or if the needle becomes clogged, extreme pain can result. Many prisoners have damaged veins resulting from intravenous drug use and it is sometimes difficult to find a usable vein, resulting in long delays while the inmate remains strapped to the gurney. (Ecenbarger, 1994 and Weisberg, 1991)

Lethal Injection(In India)

There is NO provision of death by lethal injection in India!

5. Gas Chamber• In 1924, the use of cyanide gas was introduced as Nevada sought a more humane way of

executing its inmates. Gee Jon was the first person executed by lethal gas. The state tried to pump cyanide gas into Jon's cell while he slept. This proved impossible because the gas leaked from his cell, so the gas chamber was constructed. (Bohm, 1999)

• Steps:– the condemned person is strapped to a chair in an airtight chamber.– Below the chair rests a pail of sulfuric acid.– A long stethoscope is typically affixed to the inmate so that a doctor outside the chamber can pronounce death– Once everyone has left the chamber, the room is sealed.– The warden then gives a signal to the executioner who flicks a lever that releases crystals of sodium cyanide into the

pail.– This causes a chemical reaction that releases hydrogen cyanide gas. (Weisberg, 1991) The prisoner is instructed to

breathe deeply to speed up the process.– Most prisoners, however, try to hold their breath, and some struggle. The inmate does not lose consciousness

immediately.– The inmate dies from hypoxia, the cutting-off of oxygen to the brain. (Weisberg, 1991) At postmortem, an exhaust

fan sucks the poison air out of the chamber, and the corpse is sprayed with ammonia to neutralize any remaining traces of cyanide.

“At first there is evidence of extreme horror, pain, and strangling. The eyes pop. The skin turns purple and the victim begins to drool." - Clifton Duffy, Former San Quenton, California, Penitentiary warden

Gas Chamber(In India)

There is NO provision of death by using gas chambers in India!

6. Firing Squad• Firing squad still remains a method of execution in Utah if chosen by an inmate before lethal

injection became the sole means of execution.• Steps:

1. For execution by this method, the inmate is typically bound to a chair with leather straps across his waist and head, in front of an oval-shaped canvas wall.

2. The chair is surrounded by sandbags to absorb the inmate's blood.

3. A black hood is pulled over the inmate's head

4. A doctor locates the inmate's heart with a stethoscope and pins a circular white cloth target over it.

5. Standing in an enclosure 20 feet away, five shooters are armed with .30 caliber rifles loaded with single rounds.

6. One of the shooters is given blank rounds. Each of the shooters aims his rifle through a slot in the canvas and fires at the inmate. (Weisberg, 1991)

7. The prisoner dies as a result of blood loss caused by rupture of the heart or a large blood vessel, or tearing of the lungs

8. The person shot loses consciousness when shock causes a fall in the supply of blood to the brain.

9. If the shooters miss the heart, by accident or intention, the prisoner bleeds to death slowly. (Hillman, 1992 and Weisberg, 1991)

Shooting(In India)• The Army Act and Air Force Act provide for the execution of the death sentence.• Section 34 of the Air Force Act, 1950 empowers the court martial to impose the death

sentence for the offences mentioned in section 34(a) to (o) of The Air Force Act, 1950.• Section 163 of the Act provides for the form of the sentence of death as

"In awarding a sentence of death, a court-martial shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead or shall suffer death by being shot to death".

• This provides for the discretion of the Court Martial to either provide for the execution of the death sentence by hanging or by being shot to death. The Army Act, 1950, and the Navy Act, 1957 also provide for the similar provisions as in The Air Force Act, 1950.

7. Beheading• Public beheading is used in Saudi Arabia as the punishment for murder, rape, drug

trafficking, sodomy, armed robbery, apostasy, sorcery and certain other offences• Executions of offenders are not performed privately in prisons, but publicly in central Riyadh,

and have been called the "only form of public entertainment" in Saudi Arabia "apart from football matches”

• It is one of the last four (Saudi Arabia, Iran, Qatar and Yemen) countries to still carry out public executions and the only country to carry them on regularly

• Steps:1. The condemned of both sexes are typically given tranquillisers and then taken by police van to a public square or a

car park after midday prayers. Their eyes are covered and they are blindfolded.

2. The police clear the square of traffic and a sheet of plastic sheet about 16 feet square is laid out on the ground.

3. Dressed in either a white robe or their own clothes, barefoot, with shackled feet and hands cuffed behind their back, the prisoner is led by a police officer to the centre of the sheet where they are made to kneel facing Mecca.

4. An Interior Ministry official reads out the prisoner's name and crime to the crowd.

5. Saudi Arabia uses a traditional Arab scimitar which is 1100-1200 mm long.

6. The executioner is handed the sword by a policeman and raises the gleaming scimitar, often swinging it two or three times in the air to warm up his arm muscles.

7. Executioner approaches the prisoner from behind and jab him in the back with the tip of the blade, causing the person to raise their head. Then with a single swing of the sword the prisoner is decapitated.

Beheading (In India)

There is NO provision of death by Beheading in India!

Capital Punishment In US

Capital Punishment in India

Capital Punishment in the World

US VIEW ON DEATH PENALTY

INDIA’S VIEW ON DEATH PENALTY

Other economies view on death penalty