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Death Sentence ; Repeal or Retention Riddle

By Dr. Chandrika Prasad Sharma

Published In

CrLJ 2004

Exponents of utilitarianism viz. Bentham and Cesare Beccaria insisted that the punishment is an evil. Therefore, punishment that is just fair and reasonable must be inflicted to curb the menace of crime. The capital punishment ought not to be proposed for, where some lesser sentence could achieve the same objects and results. The march of ‘human civilization’ reduced the number of crime punishable with death, which was about 200 by the end of 18th century. Consequently in U.S.A., only crime of treason has been left as punishable with death. There are States which have abolished the Capital punishable still few retain the same. Cecare Beccaria, the Italian philosopher and reformer, was the first to propose that death penalty ought to be abolished in his famous study on Crimes and Punishment. Ever since then there has been important and ceaseless debate on the subject. Opponents of death penalty regarded their cause as identical to the demands of abolishing slavery ....

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