Are the trial courts too liberal with death sentence?

According to the Amnesty International's Death Penalty report of 2015, India is one of the seven countries that had executed people in 2013. But, no executions were carried out in the year of 2014.

About 607 people were executed worldwide in 2014. Iran, Iraq and Saudi Arabia were responsible for the 72% of the recorded executions. Around 270 people in India are currently on the death row.

Recently, the Supreme court rejected the mercy plea of Yakub Memon who was awarded the death sentence by a TADA court in 2006.

A lot of protests are also being carried out by members of various Tamil organizations regarding the death sentence given to three convicts in Rajiv Gandhi assassination case.

With an increase in the number of death sentences being awarded, do you think the trial courts are too liberal with the concept of death sentence? Let's take a look.

Yes – Trial courts are liberal with death sentences. 

2014 execution – India did not carry out any executions in 2014. There was a 22% decrease in executions in 2014, when compared to 2013.

Considering the crime – The trial courts award the death sentence to people who have committed a major crime. The death sentence given to Yakub Memon is one of the best example, wherein the court has considered the intensity of a crime.

Fair role – The trial courts play a fair role while dealing with the death sentences. They transfer the case to the Supreme Court, in situations, wherein the case appears to be confusing. In such cases, they do not immediately announce a death sentence, no matter how serious the crime is.

No impact - There are very few death sentences that have been confirmed by the trial courts and even the Supreme court. The death sentences do not give out a stronger message and they considered to be of no use. Thus, the trial courts are liberal with the death sentences.

No – Trial courts are not liberal with the death sentences. 

Numbers speak – The rising numbers of the death sentences portrays that the trial courts are not liberal with the death sentences. Out of 1790 death sentences, just 5% of the death sentences were awarded by the trial courts and was later on, accepted by the Supreme court.

No analysis – Around 385 death row inmates were interviewed under the Death Penalty Project. It stated that most of the people who were awarded the death sentence by the trial courts were poor. 25% of the death sentences were awarded to people who have committed a single murder.

Proximity – The trial courts face a closer proximity to the crime than the Supreme courts, in terms of occurrence and distance. Thus, they should not be liberal while dealing with death sentences.

Conclusion

With the rejection of Yakub Memon's plea by the Supreme Court, a huge question has arisen on whether the trial courts are tough or liberal with the death sentences.

But over all, we see hat trial courts are liberal with the death sentences as they award the death sentence to people who have committed a serious crime.

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