Capital Punishment: A Comparative Study

Aditi Agrawal, Manipal University, Jaipur

Madhusneha Barman, Manipal University, Jaipur

INTRODUCTION

Capital punishment, often referred to as the death penalty, has long been a contentious issue within criminology, ethics, and law. This form of punishment, which entails the legal authorization to take an individual’s life as a response to severe criminal acts, presents a compelling case for criminological analysis. The fundamental debate surrounding capital punishment revolves around its efficacy as a deterrent, its moral implications, and its place in modern legal systems.

Historically, the death penalty has been applied in various forms across different societies, often as a means to address grievous offenses such as murder, treason, and terrorism. However, its application and rationale differ widely among nations, influenced by sociocultural, religious, and legal norms. Some countries, particularly those with authoritarian or religiously conservative systems, still utilize capital punishment regularly, citing its deterrent effect and retributive justice. In contrast, many Western democracies have abolished the death penalty, viewing it as an outdated and inhumane practice inconsistent with human rights values.

From a criminological perspective, capital punishment offers insight into the theories of deterrence, retribution, and rehabilitation. Advocates argue that the death penalty serves as a powerful deterrent to potential criminals, while opponents point to studies showing little correlation between capital punishment and decreased crime rates. Furthermore, the irreversibility of this punishment raises concerns about judicial errors, with wrongful convictions carrying irrevocable consequences.

This comparative study aims to explore the various facets of capital punishment across different legal systems and cultural backgrounds. By examining case studies, statistical data, and criminological theories, this research will seek to provide a balanced view on the effectiveness and ethical implications of the death penalty, contributing to the ongoing debate within criminology on whether this form of punishment serves justice or hinders it.