Equality Versus Discretion in Imposing Death Penalty in The Criminal Justice System : A Comparative Analysis Between India, UK and USA
- Title
- Equality Versus Discretion in Imposing Death Penalty in The Criminal Justice System : A Comparative Analysis Between India, UK and USA
- Creator
- Sebastian, Anto
- Contributor
- M R, Mallaiah.
- Description
- The criminal justice system has two phases, namely, pre-conviction and postconviction, which are based on some theories which have to be exercised by the four major organs of administration of the criminal justice system, namely police (investigation), prosecution, defence and judiciary as well as correctional institutions. For this purpose, every legal system permits this mechanism to exercise equality and discretion at various phases such that justice is served according to the procedure established by law as it is required. The attempts to maintain a balance between the two in the sphere of criminal justice had begun long ago, although not succeeded yet by various countries. In the United States, more equality is emphasised in the postconviction stage. It focuses on offence egalitarianism quotrather than quotoffender egalitarianismquot. In Europe, the position is almost contrary. In India, strict adherence specifically to neither equality nor discretion at any step cannot be traced out. However, when it comes to sentencing cruel and heinous crimes, almost all countries fix a definite punishment where there is a broad scope for judicial discretion, often ending up squeezing the discretion to attain the idealistic concept of equality. This Study aims to discuss and point out the merits and demerits of the said system with suggestions.
- Source
- Author's Submission
- Date
- 2023-01-01
- Publisher
- Christ(Deemed to be University)
- Subject
- Law
- Rights
- Open Access
- Relation
- 61000266
- Format
- Language
- English
- Type
- PhD
- Identifier
- http://hdl.handle.net/10603/527010
Collection
Citation
Sebastian, Anto, “Equality Versus Discretion in Imposing Death Penalty in The Criminal Justice System : A Comparative Analysis Between India, UK and USA,” CHRIST (Deemed To Be University) Institutional Repository, accessed February 22, 2025, https://archives.christuniversity.in/items/show/12312.