PSYCHOLOGICAL APPROACH

Within my thought process and views, psychology plays an important and key role in deciding the issue of the capital punishment that whether it should be sustained or be abolished. To resolve this deadlock, a psychological approach may play an inevitable role to empower the ‘destiny’ in the whole process that leads to capital punishment.

A psychological approach may be classified in 2 parts: Primarilythe psychology of the society towards the issue of the capital punishment and secondly the psychology of the criminal towards committing a crime and also towards capital punishment.

While both the society and the criminal are integral parts of the psychological approach towards capital punishment, I would like to commence with the thoughts of the society’s role.

The word ‘society’ holds a global status and Capita Punishment as an issue as well is a major brainstorming point all across the globe. It not only is connected to the constitutional rights but the human right as well that is universally accepted. A society is divided into the state societies by the application/principle of metes and bounds.

The nature of a constitution would vary from geography to geography but ultimately it is a sovereign mechanism of a nation divisible into states and a state comprising of societies all across.

Now, to understand the psychology of the society it is very much necessary to acknowledge that it is a psychology of not of a person but a psychology of various persons under consensus or by majority. Particularly the issue pertains to human rights therefore it is an issue of international society but for the sake of the convenience I am assessing it in relation to the particular state.

Every society dwells under an established governance machinery and governance in any type of state can be classified in 3 parts – the executive, legislative and the judicial wings. All these may be under the theory of the separatism or may be governed under the theory of singularity.

The issue of capital punishment must be decided by a sovereign under the theory of positivism of jurisprudence after considering the natural law, the social needs and the human rights. There must be a special enactment on the issue of the capital punishment and an exhaustive set of laws be passed in form of an Act by the sovereign resolving the issue of the capital punishment. Mere amendment of the provisions of the existing enactment have not proved out to be effective enough keeping in mind the purpose.

Before passing the law as discussed aforesaid a sovereign law making body must invite presentations and representations from the whole of the society before initiating the law making process. Under the proposed Act on the issue of the capital punishment, all the views and the approaches on the capital punishment must be given place and circumstantial detailing of each and every crime must also be given a place and the issue should not be left upon the judiciary that whether the case of the rare of rarest or not.

The unresolved issue must be codified and very well defined for the society to know the extents of how extensive can the expanse of Capital Punishment be in a particular case. Reason being, that presently only the judicial wing is considering the issue of capital punishment on merits on case to case basis and there is not initiation on the part of the legislative body to give a strong base to the judicial wing for deciding the debatable issue of capital punishment. The debate of the capital punishment remains as an academic issue only and it is only an informal debate and not a formal one which would have been between the legislative and the judicial wing to solve this very cross road globally

A proper codification on the issue of the capital punishment is inevitable keeping in mind that the psychology of the society under consensus or by majority can be expressed only in form of an act of legislature which is binding in nature.