The ‘theoretical' fear that an innocent life could be snuffed out by an
irreversible penalty like death has received chilling confirmation in a
recent Columbia University law school study that found the American
State of Texas wrongfully executed a man in 1989. This is a particularly
ominous finding for democratic countries where the right to life has
been enshrined as a fundamental right. The Columbia study claims that
Carlos Deluna was not guilty of the crime for which he was put to death.
The defence team's plea to the prosecution that the real offender was
another man who bore close physical resemblance to the accused went
unheeded. The study also points to glaring discrepancies in gathering
evidence, the examination of witnesses and in the application of
forensic procedures. The fresh evidence in this Texas execution is sure
to further the debate on the efficacy of capital punishment in the U.S.,
where 17 States have already abolished this anachronistic provision
from their laws.
Connecticut, which enacted its abolition legislation in
April, is the fifth in as many years to have repealed the death penalty
and others have halted executions in a country-wide trend of declining
support. The problem should be viewed in the broader context of the
deficiencies in the criminal justice administration: A recent study
supported by the University of Michigan and Northwestern University has
reported a large number of false convictions for serious crimes over the
past two decades in the U.S. As with the death penalty, the majority of
wrongful convictions and prolonged jail sentences thereafter were of
African-Americans and Hispanic-Americans, the study said.
Whereas Russia has established a moratorium on executions, happily, slow
reform of this barbaric penalty is under way in the People's Republic
of China. In India, which last resorted to hanging in 2004, the
legitimacy of death sentences has come under increasing public scrutiny.
The emotional trauma and prolonged uncertainty faced by the large
numbers on death row have, if anything, amplified the deep scepticism in
the highest circles of government and the administration on the wisdom
behind persisting with this age-old relic of criminal jurisprudence.
This was most vividly on display in the halted hanging of Balwant Singh
Rajoana, in connection with the 1995 assassination of the former Chief
Minister of Punjab, Beant Singh. Any realistic prospects for doing away
with the death penalty in India hinge on the establishment of a
moratorium on hangings forthwith and exposing its irrational and
arbitrary nature.
The Hindu
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