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LATEST NEWS UPDATES | Report: Matters of Judgement by Centre on the Death Penalty

Report: Matters of Judgement by Centre on the Death Penalty

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published Published on Dec 11, 2017   modified Modified on Dec 11, 2017
-Centre on the Death Penalty (National Law University Delhi)

The aim of the study entitled 'Matters of Judgement' was to explore the opinions of former judges of the Supreme Court of India on the death penalty and more generally on the state of India’s criminal justice system as far as it was relevant to the death penalty. The study did not focus on the position that former judges took on the death penalty but was instead interested in understanding the reasons they saw for both abolition and retention. In addition to exploring those reasons, the study also wanted to map the understanding of the ‘rarest of rare’ doctrine among former judges and get insights into the manner in which judicial discretion is exercised in death penalty cases. Finally, we wanted to locate all these discussions on the death penalty in the context of an evaluation of the criminal justice system by the former judges.

Of the 60 former judges interviewed, 47 had adjudicated death penalty cases and confirmed 92 death sentences in 63 cases.

Considering that the death penalty represents the most severe punishment permitted in law, we sought the views of former judges on critical aspects of the criminal justice system like torture, integrity of the evidence collection process, access to legal representation and wrongful convictions. The interviews also examined the meaning of ‘rarest of rare’, the appropriate role for aggravating and mitigating factors and the nature of judicial discretion during death penalty sentencing. The last chapter of the report looks at the attitudes of former judges to abolition and the retention of death penalty while exploring their thoughts on recent developments that seek to move away from the death penalty.

Please click here to access the entire report.

Centre on the Death Penalty (NLU), 2017


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