The Romans never condemned a citizen to death, unless for crimes which concerned the safety of the state. These our masters, our first legislators, were careful of the blood of their fellow-citizens; but we are extravagant with the blood of ours.
There is a growing literature on biological explanations of antisocial and criminal behavior. This paper provides a selective review of three specific biological factors – psychophysiology (with the focus on blunted heart rate and skin conductance), brain mechanisms (with a focus on structural and functional aberrations of the prefrontal cortex, amygdala, and striatum), and genetics (with an emphasis on gene-environment and gene-gene interactions). Overall, understanding the role of biology in antisocial and criminal behavior may help increase the explanatory power of current research and theories, as well as inform policy and treatment options.
Age and Criminal Behavior Abuse and Criminal Behavior Biochemical Theories of Criminal Behavior Body-Type Theories of Criminal Behavior Classical Criminology Containment Theory Corporate Behavior and Crimes Critical Criminology Cultural Criminology Differential Association Theory Differential Oppression Theory Education and Criminal Behavior…
My subject is not Capital Punishment in particular, but that theory of punishment in general which the controversy showed to be almost universal among my fellow-countrymen. It may be called the Humanitarian theory. Those who hold it think that it is mild and merciful. In this, I believe that they are seriously mistaken.
That idea—"the wrong-doer deserves punishment because he might have acted otherwise," in spite of the fact that it is nowadays so cheap, obvious, natural, and inevitable, and that it has had to serve as an illustration of the way in which the sentiment of justice appeared on earth, is in point of fact an exceedingly late, and even refined form of human judgment and inference; the placing of this idea back at the beginning of the world is simply a clumsy violation of the principles of primitive psychology.
There are several other sections in which death sentence could be imposed, but that sentence is not mandatory. Under two sections namely Sec. 302-murder and Section 121-waging war against the Government of India, alternative punishments of death or imprisonment for life are leviable.
It is not only the common interest of mankind that crimes should not be committed, but that crimes of every kind should be less frequent, in proportion to the evil they produce to society. Therefore, the means made use of by the legislature to prevent crimes, should be more powerful, in proportion as they are destructive of the public safety and happiness, and as the inducements to commit them are stronger. Therefore there ought to be a fixed proportion between crimes and punishments.
If we look into history we shall find that laws which are, or ought to be, conventions between men in a state of freedom, have been, for the most part, the work of the passions of a few, or the consequences of a fortuitous or temporary necessity; not dictated by a cool examiner of human nature, who knew how to collect in one point the actions of a multitude, and had this only end in view, the greatest happiness of the greatest number.
When a right has been infringed, there are two things, it is evident, which ought to be done: The injury which has been sustained by the individual ought to be repaired: And means ought to be taken to prevent the occurrence of a like evil in future.
This Chapter shall apply in respect of an accused against whom the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years
Waiver is an intentional relinquishment of a right. It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege, which except for such a waiver, a party could have enjoyed. In fact, it is an agreement not to assert a right. There can be no waiver unless the person who is said to have waived, is fully informed as to his rights and with full knowledge about the same, he intentionally abandons them.
Every accused is presumed to be innocent unless his guilt is proved. The Presumption of innocence is human right. Subject to the statutory exceptions, the said principle forms the basis of criminal jurisprudence in India.