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The death penalty also referred to as capital punishment , is a topic infused with varied opinions and worldwide concerns. It is the infliction of death by governmental agencies as a mode of penalization for the most detrimental crimes. Taking into account the laws of all the countries still practicing capital punishment, the majority of the crimes that are attributed to this sentence include murder, espionage, treason, extensive drug trafficking, violent robberies, and a multitude of other serious offenses. Parallel to the massive alterations in the laws concerning the death penalty, opinions on such punishment have also begun to change, many of which advocate for a move towards abolition. In 2014, Ambassador and Head of the European Union Delegation to Zambia and the Common Market for Eastern and Southern Africa, Mr. Gilles Hervio, published an evocative paper determining the death penalty as an infringement on basic human rights and integrity (Kyambalesa, 2019). Still, the conclusive thoughts on the manner are divided due to culture, religion, political affiliations, and a myriad of other variables.
Current analysis of the importance of the death penalty worldwide focuses on the advantages and disadvantages of the punishment. First, there is no exact and indisputable evidence to suggest that the death penalty is a more effective measure in cases of deterring and preventing crimes than life imprisonment or any other form of punishment. However, there are also arguments that, despite having no effect on potential criminals, the death penalty ensures that already imprisoned offenders will be unable to commit further felonies. Current rates of reincarnation or repeated offenses are an often-cited link that is used in support of capital punishment (Kyambalesa, 2019). Therefore, multiple varying opinions on these topics exist in the global community.
Coming to an international consensus concerning the retention or abolition of the death penalty becomes further complicated with the insertion of religious values and cultural standards. For instance, the complexities of religious-oriented laws in the United Arab Emirates have a great impact on the general populaces opinion and federal law in relation to capital punishment. As of 2018, the UAE has issued ten death sentences with no occurring executions (Cornell Law School, n.d.). The UAE Constitution has a statement that forbids the humiliating or degrading treatment of personal liberty and promises a fair trial, but does not exclude capital punishment. The religious proponent of the law is prevalent in the Sharia, which is upheld as the primary source of legislation. Under Article 7 of the Sharia, the guarantee is made that the death penalty must be approved by the President with the permission of the Council of Ministers (Cornell Law School, n.d.). The crimes that are currently punishable by the death penalty include aggravated murder, terrorism-related felonies, rape, drug possession, treason, espionage, and other severe offenses.
The UAE has a mandatory death penalty which is susceptible to the judgment of authorities and religious standards. It is described under Article 98, in which the judge may decide to award capital punishment or a lesser than death sentence depending on the context of the crime (Cornell Law School, n.d.). While terrorism laws suggest reducing the sentences of offenders to life imprisonment, drug laws do not have a sentence that prohibits the use of Article 98. The religious aspect also influences Article 1 of the Penal Code, in the cases of hadd or retributive punishments (Cornell Law School, n.d.). The hadd offenses are described within the Sunna and cannot be reduced or changed. As such, it is advised that the hadd penalty be given only in the gravest situations, and should otherwise be avoided. The victim or their family have stakes in such cases, with the death penalty potentially being avoided if the victim is able to issue forgiveness to the offender.
References
Cornell Law School. (n.d.). Database Cornell Center on the death penalty worldwide. Web.
Kyambalesa, H. (2019). The death penalty: Arguments for and against. Agenda for Change, Advance Online Publication, 1-29. Web.
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