Archive for the ‘Jurisprudence’ Category

Mandatory Death as a Punishment – (By Selena Kong, Wong Sook Yan & Teh Xiao Min)

Monday, January 21st, 2008

Mandatory Death as a Punishment

A. Overview

It is well known that punishment is a consequence for a person who commits a crime.

1. What is a crime?

Plato said: “A crime may be illegal or immoral or both. In either case, the crime is committed in disobedience to a known set of rules.”
As for practices of the States, the rules  for crimes are well entrenched in its criminal codes. These rules are decided by the legislator for which acts are criminal before proceeding upon a general justification for punishment for those acts.

2. Must certain crimes be necessarily followed by mandatory death sentence?

Hart viewed that in order to find a satisfactory explanation for the above, there is a need to answer some different questions.

a. What justifies the practice of punishment – mandatory death?
b. To whom may the punishment be applied?
c. How severely may we punish?
d. Further, to consider the punishment is distributive (the man is singled out for punishment) and general justifying aim (the aims to punish him in such a way).