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Capital Punishment: Supreme Court
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When capital punishment was declared "cruel and unusual punishment" by the U.S. Supreme Court on June 29, 1972, there were 45 men on death row in Texas and 7 in county jails with a death sentence. All of the sentences were commuted to life sentences by the Governor of Texas, and death row was clear by March 1973.
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As is generally known, in connection with Georgia's becoming a member of Eurocouncil, the authority and the society widely discuss the question of abolition of capital punishment. Meanwhile, for the last several months Georgian courts have passed more than ten death sentences, and the number of those prisoners, who are waiting for execution of the death sentence comprises 50 persons at present. The fact that number of death sentences increased recently is most disturbing.
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Though the Supreme Court has held that the Constitution permits the use of capital punishment, decisions on this issue have divided the Court and done little to convince opponents of the death penalty's fairness. Critics have argued that the death penalty is a cruel and unusual punishment, that it is applied in a racially discriminatory manner, that it lacks a deterrent effect, and that it is just plain wrong.
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Muslims believe that capital punishment is a most severe sentence but one that may be commanded by a court for crimes of suitable severity. While there may be more profound punishment at the hands of God, there is ... room for an earthly punishment.
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If this Church is to countenance the use of capital punishment it needs to be certain that the innocent will not be convicted. This requires a higher standard of proof than that currently exercised by the courts. The "beyond reasonable doubt" standard is the correct wording but is not correctly applied by the humans in the process, especially by the jury who don't, in general, have the competence to correctly weigh the evidence.
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