Justification For And The Abolition Of Capital Punishment Under Human Rights Law

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Department of Law

ustification For And The Abolition Of Capital Punishment Under Human Rights Law

The legal infliction of death as a penalty for violating criminal law has been in existence from time immemorial, people have been put to death for various forms of wrong doings and methods of execution have included crucifixion, stoning, drowning, burning at stake, impaling and beheading. Today capital punishment is typically accomplished by lethal gas or injection, electrocution, hanging or shooting.

The human right proponents see death penalties as a violation of the right to life and human dignity as such countries that are becoming more democratic are eager to abolish it. The trend in most industrialized nations has been to first stop executing prisoners and then substitute long terms of imprisonment for death as the most severe of criminal penalties, about 90 nation have abolished death penalties and an almost equal number of nations, (most of which are developing countries in which Nigeria is included) have retained it

This thesis considers the argument for and against death penalty in relation to human rights, the argument against this concept goes beyond the Human Right Parlance, as there are other arguments like; the propensity to condemn and execute innocent citizens, the non-deterrent effect of capital punishment, the arbitrary use of the concept against the poor, the discriminately application of the concept on the basis of race, and the lesser argument that proclaims that capital punishment is cruel and inhuman. All these argument have not been reckoned with by anti-abolitionist, as some of them have come up with other modes of executions that they believe are more humane and less cruel, the sole aim of this is to kill the argument of cruel and inhuman treatment

The retributive nature of the human race would rather love that a murderer be necessarily paid back in His own coin, this is believed to be the anti-abolitionist main reason for insisting on the retention of death penalty. If the cost of executing an innocent person and abolishing the concept of death penalty is compared, it would be discovered that, it is more beneficial to abolish the use of death penalty than to lose valuable citizens to wrongful executions. Moreover, countries that have substituted life sentence for death penalty are not worse off than countries that have retained it.
Table of Content COVER PAGE
CERTIFICATION PAGE
ABSTRACT
TABLE OF CONTENTS
DEDICATION
ACKNOWLEDGMENT
TABLE Of CASES
TABLE OF STATUTES
LIST OF ABBREVIATION

CHAPTER 1
GENERAL INTRODUCTION
100: INTRODUCTION
110: OBJECTIVES OF STUDY
120: SCOPE OF STUDY
130: METHODOLOGY
140: LITERATURE REVIEW
150: DEFINITION OF TERMS
160: CONCLUSION

CHAPTER 2
CAPITAL PUNISHMENT AND HUMAN RIGHT LAW
200: INTRODUCTION
210PUNISHMENT
211FORMS OF PUNISHMENT
212COMPENSATION
213INCARCERATION
214CORPORAL PUNISHMENT
215BANISHMENT
216CAPITAL PUNISHMENT
217OTHER APPROACHES
220: HISTORICAL FRAMEWORK OF CAPITAL PUNISHMENT
221: MODES OF EXECUTION
222CRUCIFIXION
223STONING
224HANGING
225: SHOOTING OR FIRING SQUAD
226: GAS CHAMBER OR LETHAL GAS MODE OF EXECUTION 
227: ELECTROCUTION
230: WORLD WIDE ANALYSIS OF CAPITAL PUNISHMENT
2 40: HISTORY OF HUMAN RIGHTS
250: CAPITAL PUNISHMENT AND RIGHT TO LIFE
260: CAPITAL PUNISHMENT AND RIGHT TO HUMAN DIGNITY
270: CONCLUSION 

CHAPTER 3
JUSTIFICATIONS FOR CAPITAL PUNISHMENT AND ITS ABOLITION
300: INTRODUCTION
310: JUSTIFICATIONS FOR CAPITAL PUNISHMENT
311JUST PUNISHMENT
312DETERRENCE
313INCAPACITATION
320ABOLITION OF CAPITAL PUNISHMENT
321PROPENSITY TO CONDEMN INNOCENT DEFENDANTS
322DISCRIMINATLY APPLICATION ON THE BASIS OF RACE
323ARBITRARY APPLICATION AGAINST THE POOR
324 COMPARING COST TO BENEFITS
330FLAWS IN ARGUMENTS FOR ABOLITION
331RACIAL BIAS
332RISK TO THE INNOCENT
340FLAWS IN THE ARGUMENTS FOR CAPITAL PUNISHMENT
341CONCLUSION

CHAPTER 4
A COMPARISON OF THE NIGERIAN CAPITAL PUNISHMENT TO THAT OF OTHER SELECTED COUNTRIES
400: INTRODUCTION
410 THE NIGERIAN AND USA CAPITAL PUNISHMENT COMPARED
420 THE NIGERIAN AND AUSTRALIAN CAPITAL PUNISHMENT COMPARED
430NIGERIAN AND SOUTH AFRICAN CAPITAL PUNISHMENT COMPARED
440: CONCLUSION

CHAPTER 5
CONCLUSION AND RECOMMENDATIONS
500: CONCLUSION
510 RECOMMENDATIONS
BIBLIOGRAPHY
ARTICLES IN JOURNALS
ARTICLES ON THE INTERNET
BOOKS
CHAPTERS IN BOOKS

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