Friday, February 5, 2010

IS CAPITAL PUNISHMENT WRONG?


"The law might be harsh but it is the law and we are bound to abide it."

(This article was originally published  at Ciao.com under Debate and Creative Writing category which obtained the rating of  Excellent. Since this is among the best Article that I wanted to share most, I decided to post it here to capture your  thoughts. - The Author)

CAPITAL PUNISHMENT IS NOT ERRONEOUS.

A R G U M E N T S

In the legal aspect, Capital Punishment is fair while in the spiritual aspect it is erroneous.

Now let us weigh both: The State and The Church.

The State shall act its rules and policies by the sovereign power vested on it through its Government to safeguard and protect the life, rights, liberty and property of its citizen which act cannot be questioned or made the subject of legal proceedings in a court of law.

While the Church is an institution purely engaged in ecclesiastical affairs directed by authorities which is barred from meddling in secular matters of the State to avoid encroachments by one against the other because of a misunderstanding of the limits of their respective exclusive jurisdictions. The separation of the State and the Church is inviolable therefore, the Church has no jurisdiction over the power of the State.

Since the sovereign power of the State through its Government in enforcing its laws shall always prevail, the same Capital Punishment is fair enough under the folds of law and it cannot be questioned by a legal proceedings because it is just enforcing what is necessary when a certain right of its citizen has been violated.

We may know that DEATH is a Capital Punishment imposed against an accused who committed a capital offense, such as Murder, Rape, Rape with Homicide, Kidnapping with Homicide and all other Heinous crimes. These are offenses where the guilt of the accused has been proven beyond reasonable doubt to warrant his conviction and sentenced to death.

Any accused who have been charged of these offenses are being heard and tried based in law and in facts under fair disposition of cases before final judgment is promulgated.

When judgment over the case has been rendered thereby sentencing the accused to Death, the same judgment has been perfected on the basis of the established quantum of proof of evidence provided by the parties, the plaintiff and the accused. The controverting evidence submitted is essential to determine the guilt of the accused otherwise failure of which may result to the dismissal of the case. 

In the event that the controverting evidence submitted is so strong to prove the accused' guilt beyond reasonable doubt to warrant his conviction hence, the accused shall suffer the sentenced of Death Penalty.

Again, the judgment is rendered by the Court clearly and distinctly expressing the facts and the law on which it is based.

We may bear it in mind that the Law is fair and will never impose penalties or punishment not within the nature of the crime committed by the accused as well as on the evidence adduced over the case because to curtail a human life is inhumane.

The State  is just enforcing the folds of law that is appropriate to respond its citizens' complaints, redress or grievances against threat, violence, grave abuse and intimidation from anybody who made once life become miserable and vulnerable which act cannot be tolerated under the Rule of Law and the same shall be punished and penalized accordingly.

Wherefore, in light of the foregoing, CAPITAL PUNISHMENT or DEATH PENALTY is just fair and it is not erroneous. 

Thanks for reading.


/The Author


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