Capital Punishment In Australia

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The essay debates whether law systems are vulnerable and at risk of being corrupted as the society is complacently accepting what is being done is done under the authority of law. This questions a lawyer’s responsibility in reviewing the law but also deciding whether is is justifiable. The argument is explored in relation to capital punishment as it is a complex and multifaceted concept which obtains various perspectives on whether it is just and fair. Although, the law system implements an abolishment of capital punishment, the reintroduction is encouraged by the majority of the society. Capital punishment is a conflicting concept where the society is easily influenced to accept death penalties as a method of punishing an offender. The intervention …show more content…
Capital Punishment is prohibited in Australia but this is not imposed on Australians travelling to other nations where it is accepted. This displays the injustice that lies in the law system especially with the fact that it has evolved into a political matter and debate of incapacitation against recidivism where there is a corrupted perception of reintroducing the death penalty. An example is the case of the double execution of Barlow and Chambers who were pleaded death penalty and hung on the 7th July 1986 in Malaysia for drug trafficking. This case had a significant impact on Australia as it rose controversial decision of the death penalty being exacerbated to the extreme of needing 30 councils from the Australian Federal Police to vote unanimously to reinforce the State and Federal government to hold a referendum in terms of reintroducing capital punishment. Although, incapacitation appears attractive from the society’s perspective of removing the risk of criminals re-offending their crimes, escaping prison and threatening the safety of others, especially prison officers. The rate of recidivism of murder is at its lowest of all offences. Therefore, Commonwealth countries agree that death penalty is not …show more content…
Internationally, there are treaties between many nations to prevent the harm to a human’s life but this does not stop death penalties from occurring. This is a clear example of where the law system becomes grey leading to a question of whether lawyers have a responsibility of obtaining a universal stance of respecting and valuing a human’s life. It conflicts with the issue of death penalty but also the nation’s authority of law as others may have different ethical and moral perspectives. The article, ‘Confessions of a prosecutor who sent an innocent to death row’ portrays the burden and guilt that remains within one’s self in wrongfully committing a man to death row and explores the unfair reality that lies in an imperfect law system, resulting in a permanent decision that can never be reversed. This resulted in a mentality that, “No one should be given the ability to impose a sentence on a death in any criminal proceedings” as there are mistakes made within law systems especially in prosecuting one guilty wrongfully, causing others to have no right to end another’s life. Therefore, "We are simply incapable of devising a system that can fairly and impartially impose a sentence of death because we are all fallible human beings.” This is the increasing attitude that majority obtain to restructure the consciousness

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