Digital Cabinet

Polevaulter Donkeyman's rants, raves musings and flame wars

Q. What is the Answer to Life, the Universe and Everything? A. Capital Punishment

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  1. Randevouzz
    @ShashiTharoor according to me best Law = Saudi Arabia law. Behead the Killers and Rapists. Clean the country from filthy blood..best LAW..
    Sun, Jul 01 2012 17:26:59
  2. PolvolterDnkymn
    @Randevouzz And what if the executed person turns out to be innocent? Can we execute you then? @ShashiTharoor
    Sun, Jul 01 2012 17:27:37
  3. Randevouzz
    @PolvolterDnkymn Your question suites your ID name. Understand my Comment then use keyboard wisely dude. @ShashiTharoor..
    Mon, Jul 02 2012 13:59:26

  1. PolvolterDnkymn
    @Randevouzz There is nothing to understand in yr comment. U make no distinction in the degree of the crime. U make no allowance for mistakes
    Mon, Jul 02 2012 14:03:06
  2. Randevouzz
    @PolvolterDnkymn Dude There is no mercy for a Murderer and a Rapist.. They are ought to be killed. Killer and Rapist should only given Death
    Mon, Jul 02 2012 14:13:14
  3. PolvolterDnkymn
    @Randevouzz And can you be 100% sure that the person who was pronounced guilty by the court actually committed the crime?
    Mon, Jul 02 2012 14:14:30
  4. Randevouzz
    @PolvolterDnkymn Do you need a reply for this question ? Seriously ?
    Mon, Jul 02 2012 14:20:21
  5. Yes. In the US there have been 292 post-conviction exonerations in the last 20 years. James Calvin Tillman was exonerated for a rape he did not commit, after serving 16 years of a 45 year sentence.
  6. PolvolterDnkymn
    @Randevouzz Absolutely. Do you think that the courts are 100% correct?
    Mon, Jul 02 2012 14:22:10
  7. Randevouzz
    @PolvolterDnkymn Jessica Lal Killer is alive ? Nupoor Talwar Killer alive ? Rajiv Gandhi Killers Alive ? Are they alive or hanged already ?
    Mon, Jul 02 2012 14:25:20
  8. PolvolterDnkymn
    @Randevouzz So every murder trial is open and shut with 100s of witnesses like the Jessical Lal case? Remember TRial Ct had acquitted
    Mon, Jul 02 2012 14:30:45
  9. The first trial in the Jessical Lal case ended in the acquittal of the accused. The government appealed to the Delhi HC which overturned the lower court’s verdict. The Delhi HC’s verdict was upheld by the Supreme Court (of India)
  10. PolvolterDnkymn
    @Randevouzz If trial Court can make a mistake in an acquittal then why cannot it make a mistake in a conviction?
    Mon, Jul 02 2012 14:34:37
  11. If a Trial Court can make an error in acquitting an accused, it stands to reason that it is also possible that it can err in the other direction and thus find an innocent person guilty.
  12. PolvolterDnkymn
    @Randevouzz By Nupoor Talwar do you mean Aarushi Talwar?
    Mon, Jul 02 2012 14:35:25
  13. Randevouzz
    @PolvolterDnkymn Even after proven killers these ppl are lodged in jails for years until one day President says OK mercy on U now go enjoy
    Mon, Jul 02 2012 14:26:08
  14. Randevouzz
    @PolvolterDnkymn Vijay Palande who accepted to the crime of killing 4 ppl n chopping them, still alive and is being tried in court WHY ?
    Mon, Jul 02 2012 14:29:22
  15. PolvolterDnkymn
    @Randevouzz DO you think people confess only when they have committed the crime?
    Mon, Jul 02 2012 14:46:31
  16. PolvolterDnkymn
    @Randevouzz Because you have to make sure that he is confessing from free will, without any duress, without any mental issues
    Mon, Jul 02 2012 14:46:11
  17. Confession is not the be all and end all of a criminal case. It has been found that prosecuting authorities all over the world have repeatedly obtained confessions via coercion, confessions which later turned out to be false. Not all freely given confessions are true also e.g. Laverne PavlinacJohn Mark Karr
  18. Randevouzz
    @PolvolterDnkymn Listen dude, to me LAW means, Once its proven a person is guilty, A Killer or a Rapist.. Death.. Simple as that Kill him.
    Mon, Jul 02 2012 14:34:17
  19. PolvolterDnkymn
    @Randevouzz And what do you mean by “proven”? 100% certainty like in maths? Or when the Ct decided the accused is guilty?
    Mon, Jul 02 2012 14:45:33
  20. Randevouzz
    @PolvolterDnkymn If you know that So and So person is a Killer or rapist what u wud do ? Try him in courts ? Give him life ? For what ?
    Mon, Jul 02 2012 14:30:36
  21. PolvolterDnkymn
    @Randevouzz Obviously try him in court. Why what would you do? Kill him without trial and due process?
    Mon, Jul 02 2012 14:35:57
  22. Of course I received no answer to that question. However I understand the frustration of people when they hear stories such as
  23. These were @randevouzz’s previous tweets ranting against clemency. The context for this was the unprecedented number of clemency petitions approved by the President of India as linked to above.
  24. Randevouzz
    @BDUTT Indian President allowing killers to be freed in mercy plea is like President spitting on the dead bodies of those who were killed
    Sun, Jul 01 2012 17:19:28
  25. Randevouzz
    @ShashiTharoor Vijay Palande who killed many innocent is still yet to get punishment, I mean proven killer still alive n awating trial Crap
    Sun, Jul 01 2012 17:23:01
  26. Randevouzz
    @ShashiTharoor and one day he may be freed by presiden on mercy grounds, What a joke of Indian Judicial system. Killers roam free get mercy
    Sun, Jul 01 2012 17:23:48
  27. There are two related questions I can discern here:

    1. Should the pardon/clemency power exist?
    2. Is there any deficiency in the procedure as applied to pardon and clemency petitions in India?

    Answering the first question —

    As Alexander Hamilton said in Federalist No. 74:

    “The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.”

    Apart from the obvious aims of retribution and deterrence the third major aim of punishment is the rehabilitation of the offender, to restore the offender to a useful life where they can contribute to society. The power of pardon/clemency/commutation is useful in this context. This gives the convict an incentive that good behaviour, sincere remorse at past actions and indications of leading a positive life in the future may allow the possibility of early release and following demonstrated ability to lead a responsible and productive life for some time after release can even lead to a full pardon, removing all disabilities from the convict’s future participation in civil life.

    The answer to the second question is yes. Some of these deficiencies are:

    1. There is no rule or process governing the time within which a pardon petition must be decided. This gives an incentive for the executive (including the President) to sit on the petition and let the successor executive inherit the petition. The current President inherited 23 petitions from her predecessor who himself had inherited 9 petitions

    2. Governors in the past have had their grants of pardon overturned by the Indian Courts on the grounds of material facts not presented or irrelevant facts being introduced. This has led to a cynicism in the public regarding the pardon power.

    Some measures to mitigate these deficiencies could be:

    1. Detailed statistics on petitions received, pending and disposed of. For example: here

    2. There is also a case that all documents submitted by the petitioner be made public such that society at large can be made aware of the specific grounds on which the petition is based.

    3. The victim(s) of the crime for which the petitioner was punished and for which s/he is pleading for clemency should also be allowed to participate and make submissions in opposition (or even support) of the petition.

    4. The standard for judging petitions should also be clearly communicated to the public e.g. here so that the public is not unaware on how and why petitions are granted or denied.

    5. It would also help if the President releases opinions explaining the decision of granting or denying petitions. A reasoned opinion going either way but which deals with all the relevant and material factors and explains how each factor was weighted and incorporated into the decision-making process would go a long way in restoring the faith of the public in the pardon and clemency process.

    If it is perceived by the public that pardon and clemency petitions are granted in an arbitrary, haphazard manner it would lead to the concomitant decrease in the public’s faith in the pardon process itself, leading to the calls above  demanding the meting out of harsh justice which itself would cause more harm than good (by unsafe verdicts) and which could thus ultimately lead to further weakening of the public’s trust in the law.

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