Original scientific paper
https://doi.org/10.3935/zpfz.70.23.02
Why Fight Against the Death Penalty Matters?
Ivan Šimonović
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Evidence clearly indicates that there is a long-term trend of moving away from the death penalty. Although the death penalty is still not forbidden by the international law, the international legal framework increasingly obliges states to keep on moving away from it. However, current trends of strengthening of authoritarianism and weakening of human rights threaten to put in danger these achievements.
The results of recent empirical researches strengthen traditional arguments against the death penalty: wrongful convictions do occur in practice, arbitrariness and discrimination in its implementation are widespread, and it is (almost) impossible to execute a person without violating some human rights. In the same time, they weaken the arguments traditionally used in favour of retention: not all families of victims want such a revenge (and the ones who want it, mostly end up frustrated) and there is no reliable evidence that the death penalty deters crime.
In addition, they point to some new arguments against the death penalty. When compared to other forms of punishment, the death penalty disproportionally affects the mental health and well-being of innocent third persons: family members of those convicted, as well as participants of criminal proceedings or executions, such as prosecutors, judges, lawyers and prison staff. It also affects society as whole. Author’s brief, evidence based comparison between countries’ level of democracy and their attitude towards the death penalty, clearly demonstrates high correlation between the death penalty and authoritarianism.
Experience shows that information and the role of leadership are critical factors for moving away from the death penalty. The more information on the death penalty, the less people support it (a test involving Zagreb law school students confirmed this hypothesis). Leaders who are democratically oriented and whose politics is value based, are the most likely to support moving away from the death penalty. Fight against the death penalty is important for promotion and protection of human rights of every individual, as well as for the democratic future of our societies.
Keywords
death penalty; human rights; sovereignty; authoritarianism; victims
Hrčak ID:
244574
URI
Publication date:
28.9.2020.
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