THE DEATH SENTENCE HAS NO PLACE IN THE MODERN SOCIETY.

A number of people have expressed their displeasure with the decision by the Court of Appeal to declare the death sentence unconstitutional. They (critics) opine that in the absence of the death sentence nothing would prevent the dangers arising out of individual’s self preservation and aggrandizement. In other words, they feel that this mode of punishment acts as a deterrence mechanism to prospective incidences of murder and other capital offences. Secondly, they feel that the death sentence is the only means through which the feelings of those affected by that act of murder are assuaged.

However, such arguments are only simplistic, emotional than rational. In my opinion, arguments for the removal of the death sentence from our penal code far outweigh the arguments for its inclusion.

To begin with, the argument that a murderer, having committed murder, he or she should therefore be paid back in equal measure, is rather untenable, since death of the murderer or suspected murderer does not in any way add value to the one murdered or his living relations. In fact, it is doubtable whether indeed it can possibly assuage the feelings of the affected, hence the universal maxim “two wrongs do not make a right.” From the foregoing, it is crystal clear that the death sentence would only be but destruction and waste of yet another valuable life.

Moreover, there is not a single research entity the world over that has adduced evidence beyond any reasonable doubt that the death penalty does act as an effective deterrence against prospective murderers nor is there any evidence that shows that it has minimized incidences of criminals committing other capital offences in the society. Perhaps it is out of this firm belief that last year President Kibaki challenged the social science researchers to bring forth any statistical evidence which conclusively proves the contrary.

Furthermore, even if perchance such statistical evidence is adduced, there would still be a spurious relation between the administration of the death penalty and reduced capital offences in that particular society. The observed relation may be based on an unforeseen connection with some other phenomenon. For instance, there could be likelihood that that the government and the civil society engaged in initiatives to create awareness to the citizenry on the importance of non-violent lifestyles.

It is also important to note that a number of countries have already done away with this mode of punishment for reasons that it has no place in the modern society. Let us therefore think of commuting the death sentence to life imprisonment.

TOME FRANCIS,
BUMULA.