ABOLISHING DEATH PENALTY NEEDS CAREFUL THOUGHT
THE government should rethink the proposal to abolish the death penalty. This is more so after the death of an 11-monthold baby allegedly abused and raped by the babysitter’s husband.
The incident has sparked outrage among Malaysians. The infant died at Serdang Hospital on Friday, two days after she was admitted in critical condition.
With this tragedy, many have started to dispute the proposal to abolish the death penalty.
What will happen if the government abolishes it?
Would this deter criminals from committing crimes? Would it bring justice to families of victims? Such questions need to be examined before the government abolishes it.
Capital punishment is a legal penalty in Malaysia.
The Penal Code makes death penalty a mandatory punishment for murder, drug trafficking, treason, acts of terrorism and waging war against the Yang diPertuan Agong.
An appeal against the sentence can be made to the Court of Appeal and the Federal Court.
The last resort for the convicted is to plead for clemency.
Under the Constitution, pardons or clemency are granted by rulers or Yang di-Pertua Negeri of states where the crime was committed, or the Yang di-Pertuan Agong, if the crime was committed in the Federal Territories, or when involving the armed forces.
Death sentences are carried out by hanging as provided in Section 277 of the Criminal Procedure Code.
Pregnant women and minors may not be sentenced to death.
There have been debates for many years about abolishing it not only in Malaysia but across the world.
There are pros and cons about abolishing it.
Proponents argue that the death penalty is an important tool for preserving law and order as well as deterring crimes.
This group argues that retribution, or an eye for an eye, honours victims, consoles grieving families and ensures that perpetrators of heinous crimes cannot inflict more pain on others.
Opponents argue that such sentence has no deterrent effect on crimes and wrongly gives governments the power to take human life, perpetuates social injustices by disproportionately targeting individuals or people who cannot afford a good defence.
According to them, lifetime imprisonment is a more severe punishment than the death penalty.
The government needs to establish a committee to analyse the proposal to abolish it.
The committee must comprise experts in laws and procedures, such as judges and lawyers, as well members of non-governmental organisations.
Senior lecturer, Faculty of Syariah and Law, Universiti Sains Islam Malaysia, Nilai, Negri Sembilan