Human Rights Law - Free Essay Example

Sample details Pages: 5 Words: 1556 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? Justification For and the Abolition of Capital Punishment under Human Rights Law Introduction: Capital punishment is acting as a deterent factor, which reminds and thereby prevents humans from committing heinous crimes by the fear of law and punishment. It arouses sense of fear of death amongst the other people thinking about or contemplating crime. However, with the social evolution, consensus started forming amongst people as well as nations that certain practices like Death Penalty, Slavery, physical torture, etc. can no longer be tolerated. People feel that such practices may continue, but should be aberrations. Majority of the Countries in the world have abandoned Death Penalty. However no full consensus has developed against itsà ¢Ã¢â€š ¬Ã¢â€ž ¢ use. One can observe that number of countries employing death penalty is declining year after year and it is possible that over a period worldwide opinion and pressure will influence all the countries to abandon it. Don’t waste time! Our writers will create an original "Human Rights Law" essay for you Create order History: Death penalty or Capital Punishment has been practised world over since 16th Century. During those days, it was being awarded for petty crimes, which are now, more or less, punishable with imprisonments for much lesser period of time. In India, during Mughal Regime, no fixed norms were there for punishing any crime. However under British Rule in India, they used to follow judicial procedure, whether acceptable to Indians or not, for convicting an individual and if found guilty, award Capital Punishment. Good number of Freedom Movement Leaders were hanged to death by Britishers. In India, Britishers enacted a Law in the name of Indian Penal Code in the year 1860 and made provisions for penalizing crimes. In that IPC,1860, they provided a list of crimes liable for Capital Punishment. IPC,1860 has been in force in India even today with minor modifications here or there. Also, Article 21 of the Constitution of India provides that no person can be deprived of his life except accor ding to the procedure established by Law. Besides IPC,1860, number of legislations enacted by the Parliament in India provide for the death penalty, latest being new anti-terrorism legislation for people convicted for terrorist activities and persons convicted for Brutal gang rape. Procedure followed before execution of Capital Punishment : After the accused is convicted and awarded death sentence by a Trial (Sessionsà ¢Ã¢â€š ¬Ã¢â€ž ¢) court, the sentence has got to be confirmed by the respective High Court,to make it final. Once the sentence is confirmed, the condemned convict has option of appealing to the Supreme Court of India. If the SCI turns down or refuses to hear the appeal or if the convict wishes so without appealing to SCI, he can submit a à ¢Ã¢â€š ¬Ã‹Å"mercy petitionà ¢Ã¢â€š ¬Ã¢â€ž ¢ to the President of India and the Governer of the respective state. The President (including Governorsà ¢Ã¢â€š ¬Ã¢â€ž ¢) has the power to grant pardons, reprives , respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. Execution of Death Sentence: In India, execution of death sentence is carried out by two methods, namely hanging by neck till death and being executed by firing squad. In other countries, death sentence is carried out by electric shocks, lethal injections, etc. For Against Capital Punishment: It is said that the basic purpose of Criminal Laws of any nation is the reformation of offenders and not retributiontherefore, the Capital Punishment may be a means to this end. Capital Punishment has been prevalent world over since time immemorial. Now a days, it has been abolished by more than 50% countries of the world. Countries like India, Pakistan, China, Latin America and some Caribbean countries, North America, etc have still death punishment in their statute books. The reasons for retaining Capital Punishment are: deference, safety to the society and reduction in costs of maintaining such criminals in the prisons. Capital Punishment is seen as an appropriate penalty for many offenders who are perpetr ators of the inhuman act of killing people with the utmost impunity and disregard for human life. It is also viewed as a means of vengeance for the victims of such barbaric acts. In India, the legal frame work for use of Capital Punishment is laid down in the IPC. It permits the use of Capital Punishment for Murder in the à ¢Ã¢â€š ¬Ã‹Å"rarest of rare casesà ¢Ã¢â€š ¬Ã¢â€ž ¢. Section 302 of IPC says that a person committing murder shall be punished with death, or imprisonment for life and also shall be liable for fine. Further, Section 303 of IPC provides that whosoever, being under sentence of imprisonments for life commits murder, shall be punished with death. That means a person even after leniency from the judiciary does not improve himself then he deserves the severest penalty i.e. death penalty. The sparing use of this sentence in the country is in conformity of obligation of judicious use of this penalty as a party to the International Covenant for Civil Political Rights. The judiciary uses this punishment upon an unequivocal establishment of the culpability of the offender in a case before it which truly falls within the definition of the à ¢Ã¢â€š ¬Ã‹Å"rarest of rare caseà ¢Ã¢â€š ¬Ã¢â€ž ¢. Advantages of Capital Punishment: Though Capital Punishment doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t prevent the criminal operations, it acts as deterent and thereby reduces the criminal operations and violent crimes. It helps the Government to reduce the number of detainees in the prison. And thus prison maintenance expenses will be reduced. It is also claimed that Capital Punishment would significantly increase welfare of the society- because its increased implementation would bring many economic and psychological benefits to the people. Its deterent effect would reduce or control the ever- increasing cost of law enforcement. It inhibits potential criminals from committing violent and socially damaging crimes. If habitual economic offenders are identified and executed, it would dramatically decrease the economic offences. It is argued that the enforcement of Capital Punishment should be swift and timely, preferably immediately after it is sentenced and not appealed. It is also argued that prison sentence beyond 25 years is absolutely pointless. Disadvantages of Capital Punishment and the impact of Human Rights Cry: A person cannot make any amends for the crime committed by him after being dead. Therefore, if somebody is killed in error, any apology by the offender would not change anything after enforcement of Capital Punishment. The Capital Punishment has disadvantages and one of them is its violation of Human Rights. Human Rights advocates are very vocal on their campaign and argue that one cannot be hundred percent sure about carrying out serious investigation as provided under the Law system that would conclude the true events of crime. It is said that one should not punish or execute a person who is not involved in the crime. Some people say that the death penalty should have no place in the general penal system of advance and civilized societies. A person cannot be deprived of his life. It amounts to flagrant violation of the right of life and dignity, which are the most important of all human rights. In 1997, the U.N.High Commission for Human Rights approval a resolution stating that t he à ¢Ã¢â€š ¬Ã‹Å"abolition of death penalty contributes to the enhancement of human dignity and to the progressive development of Human Rights.à ¢Ã¢â€š ¬Ã¢â€ž ¢ This resolution got further support by one more resolution calling for restriction of offences for which death penalty can be imposed and for a moratorium on all executions, leading eventually to abolition. Present Status in India: The Supreme Court of India has restricted the scope of death penalty in the country. It has shown willingness to commute the Capital Punishment of even murder convicts on the ground of inordinate delay in deciding their mercy pleas. That means, it has moved a step closer towards abolition of Capital Punishment. Section 354(3) of CPC requires a judge to give special reasons for awarding death sentence. The SCI pronounced the à ¢Ã¢â€š ¬Ã‹Å"rarest of rareà ¢Ã¢â€š ¬Ã¢â€ž ¢ doctrine in the year 1980 and since then, the life sentence has been the rule and the death sentence an exception. De spite the à ¢Ã¢â€š ¬Ã‹Å"rarest of rareà ¢Ã¢â€š ¬Ã¢â€ž ¢ doctrine of SCI, a large number of convicts are awarded death penalty. However, actual executions are rare. One Dhananjoy Chatterjee was hanged in August,2004. Thereafter, 26/11 convict Ajmal Kasab and the Parliament attack convict Afzal Guru were executed in 2012 2013. Upon SCI commuting the death sentence of 19 convicts after their mercy pleas were rejected in 2014, the Law Commission has decided to relook at the issue. It has issued a public consultation paper on Capital Punishment. The SCI has also observed that the Law Commission should examine whether the death penalty is deterent punishment or is retributive justice or serves an incapitative goals. In recent years, the SCI has admitted that the question of death penalty is not free from the subjective element and is sometimes unduly influenced by public opinion. Therefore, it is imperative that a deeper study be conducted to highlight whether the process of awar ding Capital Punishment is correctly and objectively pursued or not. Following Nirbhaya Gang Rape case, the Parliament has changed the law suitably to make a second change of rape punishable with death penalty. Conclusion: The Law Commission in its 1967 Report has observed that India cannot risk the experiment of abolition of Capital Punishment. Even in 2015, situation in the Country has not changed more positively and, therefore, despite the force in argument of Human Right, at the moment, India should carry over with the present system of awarding Capital Punishment.

Technology Assists Students With Disabilities - 1601 Words

Assistive Technology Assists Students with Disabilities Michael O’ Leary is like any other student at Charlotte Wood Middle School in Danville, California. He has fun participating in classroom art projects, enjoys researching for and writing essays, and earns good grades. The only thing that sets Michael apart from other classmates is his severe physical disability: Michael has cerebral palsy, a disorder which impairs both bodily and cognitive abilities. However, because of the emerging technology being implemented into elementary, intermediate, and high school classrooms, disability no longer has to be a factor in the positive academic development of a child (Hayes, Heather B.). Technology in classrooms is a particularly controversial†¦show more content†¦By the early 2000s, however, both classroom computer programs and online schooling became the popular means of providing quality education (â€Å"Technology and Education†). As technology becomes a more and more prevalent addition to classrooms today, the debate on whether technology is effective continues. Educational institutions, ranging from elementary schools to universities, are implementing online lessons, interactive computer programs, and computers into the everyday classroom environment. As technological development continues, researchers discover more and more ways to apply technology to the benefit of every type of student. Technology is not only positively changing the way students learn and research, but is additionally allowing students who were previously unintegrated into the mainstream classroom to not only join in, but also excel both socially and academically. Currently, students with disabilities are not receiving an adequate academic and social education. In January of 2017, the Supreme Court considered whether â€Å"federal law requires public schools to provide more than the bare minimum in special services for children with disabilities† (Supreme Court) . Though the topic falls somewhat outside the margin of regular conversation, the countless examples of data which state that children with disabilities are not receiving the same educational experience as other children are mustShow MoreRelatedAlternative Education Programs1010 Words   |  5 Pagestoday many middle schools and high schools are looking at alternative education programs that truly prepare students with severe disabilities for the â€Å"real world† after high school. Unfortunately, many high schools are so concerned with high school credits that they do not even look into better alternative education programs. Numerous high schools rely on computer programs that assist students in obtaining their high school credits without being in the regular school setting. 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Cultural Challenges of International Business Essay

Steve Kafka, a franchise owner for Chicago Style Pizza, is contemplating the options of opening a new franchise into the country of the Czech Republic, the country of his familys origin. Though Steve has made several trips into the Czech Republic, speaks the language and knows many people, he must seriously consider all of the opportunities and potential barriers to this new venture. I will explore the cultural differences between the United States and the Czech Republic. Next, potential competitive advantages are examined along with Hofsteades Primary Cultural Dimensions to reveal clues to the culture pertaining to the new business. Finally, trade barriers and price income and elasticities are discussed. Culture Differences There†¦show more content†¦As well, there are some differences in dining etiquette. All foods are eaten with knifes and forks as opposed to eating food with the hands, such as the traditional American way of eating pizza. However, this practice is starting to be contested, as snack foods such as pizza and hot dogs are becoming more common. Along with this, it would be advantageous to ensure that the business is well stocked in local beers since it is considered the beverage of choice among natives (Country review: Czech Republic, 2008). Also a salad bar would help bring in a diverse crowd increasing traffic flow in the restaurant. Potential Competitive Advantages There are several competitive advantages in the Czech Republic that make it a good location for starting a new franchise. The general labor costs are low and technical skills are considered high compared to the rest of Western Europe. This could be used to the advantage of the business to foster stronger growth. Contrasting viewpoints, however, highlight that the challenges of the Czech labor market is labor mobility. Workers are not willing to move around the country looking for work. 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Being A Teenager free essay sample

Is hard, harder than some can imagine, harder than some can even remember. It’s those years you’ll never forget, though sometimes you wish you could wipe away. They seem to last forever, but when you look back, they went by so fast. Being a teenager is falling in love too fast, and too hard, talking for hours on the phone to your best friends, being talked about and talking about others. It’s being guilty when you’re innocent, it’s standing out and fitting in, it’s when you have a million questions that will N-E-V-E-R be answered. Being a teenager isn’t something you can really describe, unless you’re living it at the same time. It’s dealing with life when it crashes down on you, and trying your hardest to live through it. Everyone has their tough times, everyone goes through something, but being a teenager, that’s when you feel everything at once. We will write a custom essay sample on Being A Teenager or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page When you’re in love you’re R-E-A-L-L-Y in love, when you hate someone you â€Å"despise† them, when you’re lonely, you’re miserable. Being a teenager is something you always have to go through, and it the best and worst years of your life. Being a teenager isn’t anything- it’s everything. It isn’t a big deal- it’s a HUGE deal. And while you’re being a teenager, you ought to live it up, because this is the one chance, the one time, you’ll fall in love for real, you’ll be really and truly happy. You’ll be young, and free, and careless, as teenagers usually are†¦When we honestly ask ourselves which person in our lives mean the most to us, we often find that it is those who, instead of giving advice, solutions, or cures, have chosen rather to share our pain and touch our wounds with a warm and tender hand. The friend who can be silent with us n a moment of despair or confusion, who can stay with us in an hour of grief , who can tolerate not knowing, not curing, not healing and face us with reality of powerlessness, that is a friend who cares.