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The Death Penalty

Preview. History of death penalty in different culturesViews on death penaltyDeath penalty todayLord Kenneth's speech. Early Death Penalty Laws. The first established death penalty laws date as far back as the 18th Century BC in the Code of King Hammurabi of BabylonIt codified the death penalty

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The Death Penalty

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    1. The Death Penalty Unit 21

    2. Preview History of death penalty in different cultures Views on death penalty Death penalty today Lord Kenneth’s speech

    3. Early Death Penalty Laws The first established death penalty laws date as far back as the 18th Century BC in the Code of King Hammurabi of Babylon It codified the death penalty for 25 different crimes

    4. The Code of Hamurabi “If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then that builder shall be put to death. If it kills the son of the owner, then the son of that builder shall be put to death”

    5. Types of retributive punishment Lex talionis = retribution; punishment in kind (“an eye for an eye”) Lex salica = punishment through compensation (the principle of substitution)

    6. The Torah Murder Kidnapping Magic Violation of the Sabbath Blasphemy Sexual offences

    7. Qur’an “If anyone kills a person – unless it be for murder or for spreading mischief in the land – it would be as if he killed all people. And if anyone saves a life, it would be as if he saved the life of all people”

    8. Moses Maimonides, 12th c. “It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death”

    9. Death penalty in English history At Common Law capital punishment was imposed for a few very serious offences such as treason, murder, rape and burning a dwelling-house. As late as 1688 about 50 offences carried the death penalty By 1800 English law had some 200 capital offences (including cutting down a tree or stealing an animal)

    10. John Locke (1632-1704) A person forfeits his rights (including his right to life) when committing a crime Once rights are forfeited, punishment is justified for two reasons: 1) criminals deserve punishment 2) punishment is needed to protect our society by deterring crime through example

    11. Cesare Beccaria (1738-1794) On Crimes and Punishment (1764): the right to life is not forfeitable People do not sacrifice their rights to life when entering into the social contract

    12. Death Penalty Today In April 1999, the UN Human Rights Commission passed the Resolution Supporting Worldwide Moratorium on Executions Over 90 countries still retain the death penalty, including China, Iran and the US Today over 60 % of Americans support the death penalty

    13. Capital crimes today Premeditated murder Espionage Treason Part of military justice

    14. European Convention on Human Rights Sixth Protocol (1983): abolition of capital punishment in time of peace Thirteenth Protocol (2002): abolition of capital punishment in all circumstances

    15. Abolition of the death penalty in the UK 1969 (except for treason) in 1999 the home secretary signed the 6th protocol of the European Convention of Human Rights which formally abolished the death penalty in the U.K.

    16. Abolitionists Abolitionists – people who are against the death penalty Death penalty does not deter criminals, violates human rights, leads to executions of wrongfully convicted people, discriminates against the minorities and the poor

    17. Retentionists People who support the death penalty Main arguments: prevent (from repeating the crime), deter and avenge (“an eye for an eye”)

    18. Lord Kennet’s speech on November 9, 1961 outlined main arguments against the death penalty in five verbs: prevent, reform, research, deter, avenge

    19. Prevent To prevent the same man from doing it again

    20. Reform Rehabilitation; a man should be helped with his social function by a rehabilitatory treatment

    21. Research We should find out about the motives, characters and personality structures of criminals, thus finding things that would enable taking measures to reduce the crime rate

    22. Deter The evidence proves that the death penalty is not an effective deterrent against violent crime

    23. Avenge Vengeance is not a proper motive for the State in dealing with convicted criminals

    24. The 14th Dalai Lama on the Death Penalty The death penalty fulfils a preventive function, but it is also very clearly a form of revenge... I am optimistic that it remains possible to deter criminal activity, and prevent such harmful consequences of such acts in society, without having to resort to the death penalty.

    25. Legal terms Death penalty Capital punishment Smrtna kazna Poena capitalis

    26. Legal terms To commit a crime Pociniti kazneno djelo To try Voditi sudski postupak, suditi To convict Proglasiti krivim To sentence Osuditi, izreci kaznu

    27. Put the verbs in brackets into the appropriate forms: __ (Back up) the efforts of most of its member states, the Parliamentary Assembly of the Council of Europe ___(take) the initiative of ___(draft) a Protocol to the Convention concerning the abolition of the death penalty. After years of discussions, the now celebrated Protocol No 6 ___(adopt, passive) on 28 March 1983. For abolitionist Europe, this __(be) a watershed.

    28. Key Backing up the efforts of most of its member states, the Parliamentary Assembly of the Council of Europe took the initiative of drafting a Protocol to the Convention concerning the abolition of the death penalty. After years of discussions, the now celebrated Protocol No 6 was adopted on 28 March 1983. For abolitionist Europe, this was a watershed.

    29. Fill in the missing words: abolished, capital, law, penalty, protocol, reversing “The death penalty shall be__. No one shall be condemned to such ___ or executed” The ___came into force as early as 1985, enabling western Europe to close the door on ___punishment. As it takes precedence over member states’ domestic___, the option of ___their relevant legislation has no longer been available to them since that date.

    30. Key “The death penalty shall be abolished. No one shall be condemned to such penalty or executed” The protocol came into force as early as 1985, enabling western Europe to close the door on capital punishment. As it takes precedence over member states’ domestic law, the option of reversing their relevant legislation has no longer been available to them since that date.

    31. Fill in the missing words: abolition, acceding, Assembly, Council, executions, ratification, Resolution In 1994 the Parliamentary ___ adopted ___1044, linking membership of the ___of Europe to ___ of the death penalty, firstly de facto (obligation for any ___ state to adopt a moratorium on ___) and then de iure (signature, followed by ___of Protocol No 6 within three years).

    32. Key In 1994 the Parliamentary Assembly adopted Resoltuion 1044, linking membership of the Council of Europe to abolition of the death penalty, firstly de facto (obligation for any acceding state to adopt a moratorium on executions) and then de iure (signature, followed by ratification, of Protocol No 6 within three years).

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