Capital punishment - not the best solution

Ramina T. Fernando, USA

SOLUTION: Capital punishment is a solution to deal with criminals in society, but it is an easy one. Is this the best solution the human mind can think of?

In a Buddhist country such as Sri Lanka, non-violence, even in the face of the most hideous of crimes, should be applied. This should mean to the end of capital punishment in its absolute form.

Countries and persons, who practise the killing and torture of its criminals, create only band-aid solutions to their problems in society, and an illusionary vision to the successes of their countries. Rather than resort to such detrimental and violent acts towards criminals, governments should put more emphasis finding solutions to their national ills through non-violence.

In terms of national welfare, capital punishment creates an easy-fix solution, serving the wants and prestige of those mostly in power and control. Consider crucifixion which was the approved mode of punishment during the rule of the Romans.

This common form of punishment was meted out to insurrectionists, murderers, thieves, and almost any kind of criminal act. This certainly kept the power and glory of the Roman emperors ongoing for 2000 years. So hideous was this that the religion of Christianity was born out of the emotional trauma people underwent during this era.

It was widely accepted as the rule of law, but in this age, we shudder at the horror of such persecutions.

The end of capital punishment would mean that human thought would be better put into helping fellow man through the troubles and tribulations of life. It would mean that man would use his intellect to solve to his nation's ills, and find more constructive ways in dealing with the criminal mind.

This wave of thought will force humans to rewrite their code of ethics governing them, forcing them to give thought to healthier solutions on how their societies should interact.

Even in the face of the most violent of acts upon a loved one, if there was no thought process towards retribution and violence to the offender, the victim will maximize this time of mourning to seek consolation in forgiveness, acceptance, and reconciliation.

Revenge for such crimes will never be considered, as then the victim would find it unethical.

This should be a constant and ongoing mission, and though some may view it as a 'soft' solution, it will eventually, however slowly, give rise to a more civilized world. A perfect solution using this kind of philosophy will not be apparent in an instant, but gradually it will give rise to what the most famous leaders of the world preached about - we will then be moving towards enlightenment.

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Death penalty must be implemented in the interest of peace, harmony and happiness

S. T. Arasu

Punishment: Let me express frankly on the current topic and I am afraid, whether I am right, or wrong here in saying my humble views! What a pity and shame that rape, child abuse, drug trafficking and murder are rapidly, on the increase in recent times than before, and no worthwhile action, has been taken so far, by the State, to arrest those involved in these deadly, violent crimes?

At present, the punishment is not acting as a deterrent, because those involved in these horrifying, heinous crimes are aware fully, that though he, or she is sentenced to death, or life-imprisonment, they will be back soon (on mercy), after a short-term of prison life, which is normally reduced for the excellent record of behaviour in conduct, while in prison.

Yes, he or she attempts to kill somebody, or engage in other crimes mentioned above, still to be repeated or continued, once again, as the thought of dying, at the end of a rope, is undoubtedly, a wishful thinking!

Without any doubt, it is fair and justifiable and it is not sin to punish the offending culprits, who have committed cold blooded deadly crimes and also the horrifying heinous crimes stated above! Forgiveness, mercy and pardon are only good for the reform and rehabilitation of light offenders but not at all for the unscrupulous, ruthless, deadly, horrifying, violent crimes, indeed!

It's high time that the higher authorities and our Minister of Justice, give very serious thoughts to the implementation of capital punishment whoever who deserves in our country, in the interest of peace, harmony and happiness of the common man!

If there is a pressure, from various quarters and opposition for the needed capital punishment, a proper referendum could be held, for all the citizens to extend their verdict or decision.

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Should death be the penalty for rape, child abuse and drug trafficking?

The question whether capital punishment should be part of the criminal law of a country has always been a cause of debate in the world. In Sri Lanka too, where death penalty is recognised in the letter of the law, but is not effected, its implementation has often created a stir whenever the subject surfaced in public debate.

This has been the case especially in the aftermath of crimes that shocked the conscience of the people, with the majority of ordinary masses pressing for the execution of the culprits, and international and local human right groups opposing it.

The subject for 'Daily News Debate' this month however, is not whether capital punishment is desirable or whether it should be implemented in Sri Lanka. Instead we propose to draw your attention to three grave crimes that are widespread in our country- rape, child abuse and drug trafficking, and invite your views as to whether the perpetrators of these offences also deserve to be punished with death.

Under the Sri Lankan Penal Code, two offences are said to invoke the punishment of death - murder and waging war against the State. But, are these the only offences that should warrant death penalty, or are there other equally, if not more, heinous crimes that call for the ultimate punishment?

For instance, one could fairly question as to why the above-mentioned offences of rape, child abuse and drug trafficking ought not to be countered with the death penalty, given the horrendous nature of these crimes and the impact they have on the victims as well as the society as a whole.

Take the case of a rape victim for example. Not only is a woman subjected to rape physically defiled and burdened with a possible unwanted pregnancy, the horrifying nature of the crime leaves a lasting trauma in the mind of the victim, and often destroys her future life in the backdrop of the social stigma attached to such persons.

The fate of a child subjected to sexual abuse by an adult is no better. In fact, the mental distress and other effects of the crime are often more grave on a victim of child abuse owing to his/her tender age, and could obscure all future prospects of its innocent childhood.

Studies have shown that in a majority of child abuse cases in Sri Lanka, the offender is a close relative or friend of the victim. This only aggravates the effect of the crime and, as psychologists have pointed out, could result in the child growing up into an adult with violent tendencies.

Although lacking the immediate horror attached with rape or child abuse, drug trafficking is considered by many among us as another crime having a similar destructive effects particularly on our younger generation. Moreover, unlike most criminal acts, the consequences of drug trafficking are not confined to one or few particular victims, but takes its toll on thousands of lives.

Given this grave nature of these offences, one is justified in questioning whether it is fair to let the perpetrators of these crimes get away with a mere term of imprisonment while they have caused irreparable damage to the lives of their victims.

In fact, examples of death penalty acting as a successful deterrent for would be criminals of such offences can be gathered from many Middle-Eastern as well as Western countries.

However, on the other hand, one could also argue that introducing capital punishment even for a limited number of offences like rape, child abuse and drug trafficking is against the tenets of all religions which advocate forgiveness, and violates the right to life which is recognised in all international human rights instruments. After all, we have long passed that age of vendetta where one claimed 'an eye for an eye', haven't we?

Moreover, given that even judges are fallible being human beings, who could guarantee against miscarriages of justice all the time, and ensure that the person punished with death is always the person who actually committed the crime he or she is accused of?

The 'Daily News Debate' is your forum. So, have your free say on the above issues. The topic for the coming month is 'Should death be the penalty for rape, child abuse and drug trafficking?' Send in your views to 'Daily News Debate', Daily News, Associated Newspapers of Ceylon Limited, PO Box 1217, Colombo, or via e-mail to [email protected] before April 15, 2007.

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The Court is bound to decide on the verdict

D. A. Sathischandra

OFFENCE: The criminal law of Sri Lanka stipulates death penalty for murder and waging war against the State. The three offences identified: rape, child abuse and drug trafficking have far-reaching consequences to the victims and the society at large.

Some of the consequences of these offences are both short-term and long-term and even cumulative as in the case of drug trafficking. Rape can result in unwanted pregnancy, trauma, social stigma, social exclusion and uncertain future as identified by the Daily News and other unidentified impacts.

The impacts of child abuse include, destruction of childhood innocence, damage to their fun-loving adventurous nature, intrusion into their innocent and carefree life and trauma. The impact will vary according to the age of the victims.

It is also difficult to comprehend the impact of the abuse on the developing child with certainty. Drug trafficking is a serious problem of a different nature. Depending on the extent of its incidence, its impact can be varied and intractable.

The direct impact, of course, is drug addiction by the younger generation in particular. The consequences which follow affect various fields of society. Drug addiction adversely affects the younger generation in all the four domains of human development, physical, cognitive, affective and social shortcomings in the development of the young can seriously impair their usefulness as future citizens.

Impacts on the physical and mental health of our future citizens could be serious. Incidence of a variety of diseases could increase, including infectious diseases such as AIDS, venereal diseases and tuberculosis. AIDS in particular could attain epidemic proportions. Drug addiction could also lead to various crimes. In the economic front productivity would be affected.

It is evident from the foregoing facts that the issue under debate is a highly complex and involved one. The issue can be discussed at the fundamental, practical and empirical levels. It can also be analysed and discussed from various perspectives. We can only give justice to the issue by indepth analysis from various angles.

In business management literature, experts refer to the tyranny of 'or' which pushes people to believe that things must be either A or B, but not both. We need to extricate ourselves from this view to have a meaningful debate.

At the fundamental level society accepts the idea of responsibility for one's action. Without it social relations would be very different and it would be difficult to hold a free society together. Capital punishment is based on this idea of responsibility for one's action.

At the practical level there are various rights which a democratic society seeks to observe; democratic rights, human rights, women's rights, children's rights, freedom of speech and expression and so forth. All these rights flow from the concepts of free will and liberalism.

These rights need to be enjoyed with a deep sense of responsibility and duty. For each group to enjoy its rights other groups need to enjoy its rights other groups need to enjoy their rights with responsibility.

On the capital punishment issue human rights watch groups adopt a rigid position and do not accept the need for trade-offs to ensure all groups to enjoy their rights.

Modern society is highly complex and problems that arise cannot be solved by taking rigid positions. Give and take, compromise, trade-offs become essential elements of conflict resolution in a society. Now acceptance of such elements affects stability, social cohesion, growth and prosperity of a nation.

The empirical level contemporary realities have also to be considered in the decision-making process. The emphasis on human rights should not deter us from identifying and understanding the short-term and long-term implications of rape, child abuse and drug trafficking.

There are two methods of dealing with such problems, namely, prevention and cure. In devising measures to be taken under each of these aspects, local realities have to be taken into consideration.

The level of development of the political economic, social and other conditions of the country needs to be considered, in addition to the current situation in the country characterised by the ethnic conflict, increasing crimes, increased underworld activity and proliferation of small arms. Rigid advocacy against capital punishment ignoring current realities is unrealistic.

In the current situation the state has to focus on both prevention and cure. If the current situation regarding rape, child abuse and drug trafficking demands capital punishment for prevention, Sri Lanka as a sovereign independent state should have the option to apply it.

It should be seen as a social necessity because of the need to protect society from greater evils which would flow from undeterred greed and lust. When modern neuro science can establish beyond doubt that the perpetrator of the crime cannot be held responsible for his action because of his congenital neurological conditions the courts can consider it and give an appropriate verdict.