COMPARATIVE ANALYSIS OF CAPITAL PUNISHMENT: A STUDY ON LEGAL PRACTICES IN INDIA AND THE UNITED STATES
AUTHOR – MS PRIYANSHI AGRAWAL, STUDENT AT SCHOOL OF LAW, CHRIST UNIVERSITY, LAVASA CAMPUS, CHRIST UNIVERSITY
BEST CITATION – MS PRIYANSHI AGRAWAL, COMPARATIVE ANALYSIS OF CAPITAL PUNISHMENT: A STUDY ON LEGAL PRACTICES IN INDIA AND THE UNITED STATES, ILE MULTIDISCIPLINARY JOURNAL, 3 (1) OF 2024, PG. 303-308, APIS – 3920-0007 | ISSN – 2583-7230.
ABSTRACT
The paper begins by examining the history and constitutional foundations of capital punishment, focusing on its evolution and application in India and the United States. This paper further provides a comparative analysis of two prominent democracies. Despite a worldwide decline in the use of the death penalty, both countries still follow capital punishment. The paper further delves into the decreasing support for the death penalty in the United States, mainly due to the sensitive approach towards offenders. There has been an increase in gender-specific perspectives. This paper examines how emotional reasoning supports a humane approach towards punishment, increasingly influencing public debate and legal practices. The paper also reviews new modern methods of execution and the ongoing societal debates surrounding capital punishment. It further examines the Indian perspective on capital sentencing, properly reviewing the Doctrine of rarest of rare, followed in India. Life imprisonment is the rule, and the death penalty is the exception, as in India, it is awarded only in the gravest of cases. The paper further compares the Sentencing Procedures in the United States and India. The paper inspects Human Rights Issues Surrounding Capital Punishment. This paper further examines the difference in approach of Supreme Courts in both countries by analysing their landmark judgments. The paper further summarises the key differences and similarities in applying capital punishment in India and the United States. The paper concludes by suggesting potential ways for future legal discussions advocating for a more compassionate approach towards capital punishment.