FEATURED POST

America Is Stuck With the Death Penalty for (At Least) a Generation

Image
With Justice Anthony Kennedy's retirement, the national fight to abolish capital punishment will have to go local.
When the Supreme Court revived capital punishment in 1976, just four years after de facto abolishing it, the justices effectively took ownership of the American death penalty and all its outcomes. They have spent the decades since then setting its legal and constitutional parameters, supervising its general implementation, sanctioning its use in specific cases, and brushing aside concerns about its many flaws.
That unusual role in the American legal system is about to change. With Justice Anthony Kennedy’s retirement from the court this summer, the Supreme Court will lose a heterodox jurist whose willingness to cross ideological divides made him the deciding factor in many legal battles. In cases involving the Eighth Amendment’s prohibition against cruel and unusual punishment, his judgment often meant the difference between life and death for hundreds of death-row pr…

Malaysia: Why the rush to execute three last Friday?

Kuala Lumpur, Malaysia
Kuala Lumpur, Malaysia
Hindraf Makkal Sakthi, an ad hoc apolitical human rights movement, has urged the government to put in place a moratorium for all pending executions until it introduces a Bill in Parliament to abolish capital punishment in totality. "This has been assured by the de facto Law Minister and the Attorney-General."

Hindraf Chairman P. Waythamoorthy was expressing shock over the execution of 3 individuals by the authorities on Friday morning and condemned it. "The hastiness in the execution of these 3 individuals raises many questions."

"It was arbitrary. It was an uninformed method of execution by the Prisons Department."

Waytha, a human rights advocate and senior lawyer in private practice, could not understand why there was a rush to execute the 3 individuals. "They were only sentenced in 2011 and their Federal Court appeal was dismissed in 2014, not so long ago."

The Hindraf Chief pointed out that there are currently over 1,022 persons on death row and the Prisons Department had stated, according to the Death Penalty Worldwide Report, that no execution had been carried out since 2013. "More than 50 % of these estimated 1,022 persons facing the gallows have been waiting for their execution for more than 5 years."

Hence, he said, Hindraf was perplexed why the three individuals were "specifically targeted" for execution. "We can question the criteria used by the authorities to select who should be hanged."

Again, he argued, the decision by the authorities was wrong and conflicts with the statements and indications given out to the public by the government, more recently by the de facto Law Minister and the Attorney-General.

He reiterated that it was therefore shocking the government apparatus was going against its intentions by executing the 3 individuals hastily, more so when they have only recently exhausted their final appeal.

He has been left wondering what the real intentions were in executing the trio "hastily". "There could be other motives behind this."

Waytha referred to several statements from the government on capital punishment.

The Minister in the Prime Minister's Department and de facto Law Minister, Nancy Shukri, was reported by The Star Online on 17 November 2015 as saying that the government intends to abolish the mandatory death sentence, in particular for drug related offences, and said that punishment should be left to the discretion of the Judge. The amendments to the law was supposed to be tabled at the next sitting in March 2016.

In the same statement, the de facto Law Minister also said she does not believe that death sentences are effective in curbing crime. She added that "we need to find other ways like education, motivation or something else".

Earlier, on 13 November 2015, Attorney-General Mohd Apandi Ali said he would propose to the Cabinet that the mandatory death penalty be scrapped. He said mandatory death sentences were a "paradox" as it robbed judges of their discretion to impose sentences on convicted criminals.

These statements show that there's intention on the part of the government to abolish the death penalty, said Waytha who was briefly in the Federal Cabinet not so long ago and in the Senate.

Source: freemalaysiatoday.com, March 26, 2016

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most Viewed (Last 7 Days)

Texas: With a man's execution days away, his victims react with fury or forgiveness

Texas Board of Pardons and Paroles rejects clemency for Chris Young

Texas executes Christopher Young

Ohio executes Robert Van Hook

The Aum Shinrikyo Executions: Why Now?

Execution date pushed back for Texas 7 escapee after paperwork error on death warrant

Indonesia: Gay couple publicly whipped after vigilante mob drags them out of beauty salon

20 Minutes to Death: Record of the Last Execution in France

Fentanyl And The Death Penalty

Saudi Arabia executes seven people in one day