DOES EXECUTION PENALTIES FOR CRIMINALS ALIGN WITH PRINCIPLES OF HUMANITY AND JUSTICE?

Abstract

This paper examines the compatibility of execution penalties with the principles of humanity and justice. It explores the historical evolution of capital punishment, its application across different legal systems, and its alignment with international human rights standards. The analysis evaluates arguments from both proponents and opponents of the death penalty, focusing on ethical considerations, societal impacts, and the potential for wrongful convictions. By assessing legal frameworks and philosophical theories of justice, this study seeks to determine whether capital punishment upholds or undermines the principles of humanity and justice. The death penalty remains one of the most controversial aspects of criminal justice systems worldwide. This paper analyzes whether execution penalties align with the principles of humanity and justice by examining their historical roots, legal frameworks, and ethical implications. Through a comparative legal analysis and a review of human rights standards, the study highlights the tension between retributive justice and human dignity. The findings suggest that while some view capital punishment as a necessary deterrent, its irrevocable nature and potential for misuse raise significant concerns about its compatibility with humane and just practices. This paper also examines whether execution penalties align with the principles of humanity and justice through the theoretical lenses of natural law, legal positivism, and legal realism. The analysis reveals that while natural law critiques capital punishment for undermining universal moral principles, legal positivism defends its validity when sanctioned by the law. Legal realism, however, highlights the inconsistencies and biases in its application. These perspectives underscore the complexity of reconciling the death penalty with humane and just practices, offering critical insights into its role in modern legal systems. This paper contributes to the ongoing discourse on criminal justice reform and the pursuit of equitable legal systems.