ABSTRACT
Capital punishment, or the death penalty, has long been a subject of debate due to its legal and ethical implications in relation to the dignity of the human person. This practice raises concerns regarding the right to life, human rights, and the administration of justice within the framework of criminal law. From a legal perspective, capital punishment is a complex issue. The legal process leading to the imposition of the death penalty must adhere to strict procedural safeguards to ensure fairness and prevent the risk of wrongful convictions. However, studies have shown that mistakes can occur in the justice system, leading to the execution of innocent individuals. This irreparable consequence challenges the principle of justice and raises significant ethical concerns. Moreover, capital punishment is often criticized for its potential for discriminatory application. Research has shown that factors such as race, socio-economic status, and quality of legal representation can influence the likelihood of receiving the death penalty. This unequal treatment raises questions about the fairness and impartiality of the criminal justice system, undermining the principle of equality before the law. Ethically, the death penalty poses a fundamental challenge to the inherent dignity of the human person. It is argued that every individual possesses an inviolable right to life, and the state's imposition of death contradicts this principle. Capital punishment violates the basic human right to life and is often seen as a cruel, inhumane, and degrading punishment, contrary to the principles of human rights and human dignity. Furthermore, proponents of capital punishment argue that it serves as a deterrent and promotes public safety. However, empirical evidence on the deterrent effect of the death penalty remains 15 inconclusive, with studies suggesting that alternative punishments can be equally effective in preventing crime. In response to these concerns, many countries and international organizations have abolished or imposed moratoriums on the death penalty. They recognize that a more humane and just society can be achieved through the promotion of rehabilitation, restorative justice, and nonlethal forms of punishment. The legal and ethical implications of capital punishment in the administration of justice under criminal law raise significant concerns regarding the dignity of the human person. The potential for wrongful convictions, discriminatory application, and violation of the right to life challenge the principles of justice, equality, and human rights. As societies evolve, alternative approaches to punishment that respect human dignity and promote rehabilitation should be prioritized over the death penalty.
