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The death penalty is a controversial issue the world
over.
Globally, human rights organisations campaign to put an end to execution as a
form of punishment, while some countries maintain that the death penalty is
necessary, and has a valid place as a form of criminal justice.
Australia abolished the death penalty in 1973, although the last person to be
executed in Australia was in 1967.
Internationally, Australia takes a firm stance against capital punishment, and
in 2007 voted for a UN General Assembly
global moratorium on the death penalty.
In spite of Australia’s public stance
against the death penalty, there are those who still support capital punishment
and believe there are good reasons why the death penalty should be brought back
as a legal punishment for certain offences.
A number of people have made comments about the death penalty over the years and
suggested that it should be reintroduced, but federal legislation was put in
place in 2010 to prevent this happening.
It could still theoretically be possible to reintroduce the
death penalty into the Australian states, but it would be very difficult to
do so.
Arguments for the death
penalty
There are a number of arguments that are often stated in
favour of the death penalty and
these generally centre on the idea of justice and what a just punishment is for
a
serious crime like murder.
Those in favour of the death penalty believe that the only fair way to punish
someone for taking another person’s life is to take their life.
Deterrence is another common argument in favour of bringing back the death
penalty.
It could be argued that simply having the death penalty as an option may deter
people from committing serious crimes like murder, and therefore make Australia
a safer country.
Similarly, it can be argued that the death penalty prevents serious criminals
from reoffending which is a possibility if they are imprisoned and then later
released on parole or they manage to escape.
Even if they are imprisoned without the possibility of parole, it is possible
that they could pose a danger to other prison inmates and staff.
There are a number of other arguments in favour of the death penalty,
including providing closure to families
of victims and reducing overpopulation in the prison system.
Arguments against the
death penalty
Human rights organisations like
Amnesty International list a number of reasons why they believe the death
penalty should be abolished for good.
The abolition of the death penalty in Australia and the subsequent support of
abolition worldwide is backed up by a number of arguments.
The death penalty is the most final punishment possible, and there have been
cases where people have been executed and then later found to be innocent.
As death is irreversible there is no way to make amends for a wrongful
conviction, and if there is even the slightest chance of an error it means that
an innocent person could end up being killed.
The methods used for execution and capital punishment are often painful and
humiliating and this forms a strong argument against bringing back the death
penalty.
For many who are against the death penalty, the methods used to execute people
as well as the psychological effects of being on death row, sometimes for
decades, are unacceptable breaches of human rights.
There is no conclusive evidence that the death penalty is effective as a
deterrent.
In many countries including Canada, the murder rate has actually decreased in
the years since the death penalty was abolished.
The death penalty goes against the possibility of rehabilitation and is believed
by many to be an unfair consequence for those with mental or cognitive
impairments.
It also costs more to execute a prisoner than to keep them in jail for life,
using resources which could be put to better use elsewhere in the criminal
justice system.
Given the restrictions on the re-introduction of the death penalty in Australia
it is highly unlikely that it will ever be brought back, but there is no doubt
the debate will continue well into the future.
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