Death Under the Shadow of Judiciary

Rendering punishment by death is one of the forms of punishment that have been employed through the ages. It is one of the severest punishments. Extinguishing a life is not an ordinary incident and the means employed are also out of the ordinary. Right from early ages, the mode of conducting this punishment varied from place to place, country to country and time to time. This book chronicles the various modes of execution employed from the medieval to the present time, the nature of the case which prompted such a sentence, various cases and the laws behind them. Although majority of the countries have abolished this kind of punishment, there are still some countries where it is prevalent. Around sixty percent of the population lives in such countries. A study of global trends as a whole and more specifically the United States and India, where this trend still exists, has been conducted in this book. It also critically examines procedural precautions taken in the execution.The book is replete with maps, statistics, charts and diagrams showing the public opinion on the subject in the world and the impact of international terrorism to national security on the issue of death punishment. Some of the leading cases in the US and India have been examined, especially that of Deena, which is the only case in India where the judiciary deliberated on the method of execution of death by hanging.____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ContentsPreface Pgs—51. Introduction Pgs—152. Medieval Methods of Execution of Death Punishment Pgs—23(a) Crucifixion Pgs—24(b) Burning at the Stake Pgs—25(c) The Wheel Pgs—26(d) Guillotine Pgs—27(e) Headman's Axe Pgs—28Beheading of King Charles I Pgs—29(f) Execution by Garotte Pgs—423. Present Methods of Execution of Death Punishment Pgs—43(a) Firing Squad Pgs—43(b) Hanging by Noose Pgs—45Procedure in America Pgs—46 (i) An Eye-Witness Account of Hanging by George Orwell in 1931 Pgs—48(ii) Controversial Hanging of Timothy John Evans in 1950 Pgs—55(c) Electrocution Pgs—60Controversial Execution of Rosenbergs in 1953 Pgs—64Electrocution of Michel Pgs—72Double Electrocution of Ethel Pgs—75(d) Gas Chamber Pgs—83 (i) Evans – The Last Face You'll Ever See Pgs—85(ii) Visitor to Jimmy Lee Gray's Grave – Story of the Executioner Pgs—89(e) Lethal Injection Pgs—90 (i) Controversial Execution of Troy Davis 2011 Pgs—94(ii) First Person Report of Davis' Execution by Greg Bluestein Pgs—964. Situation of Death Penalty and Moratorium in the World Pgs—100(a) UN Resolutions on Death Penalty Pgs—101(b) UN Resolutions on Moratorium on Death Punishment Pgs—104Execution for Drug-related Offences Pgs—106(c) Death Penalty Country-wise Pgs—106Countries that have Executed People during 2011 Pgs—1085. Situation and Methods of Death Punishment in the United States of America Pgs—110Stay of All Executions Pgs—111 (I) Methods of Execution in States Pgs—112(a) Lethal Injection Pgs—113(b) Electrocution Pgs—113(c) Lethal Gas Pgs—113(d) Firing Squad Pgs—113(e) Hanging Pgs—113(II) Public Opinion about Death Penalty Pgs—114(III) Federal Execution Pgs—116(IV) Legal Process Pgs—118 (i) Direct Review Pgs—118 (ii) Collateral Review Pgs—119(iii) Federal Habeas Corpus Pgs—119(iv) Section 1983 Contested Pgs—121 (V) Important Recent Cases Pgs—122(a) Furman v. Georgia 408 US 238 (1972) 122(b) Gregg vs. Georgia 428 US 153 (1976) 124(c) Atkins vs. Virginia, 536 US 304 (2002) 129(d) Roper vs. Simmons, 543 US 551 Pgs—1316. Death Penalty in India and Modes of Execution Pgs—of Death Sentence Pgs—136(a) Historical Background Pgs—136(b) Penal Laws of India Pgs—139Criminal Procedure Code Pgs—139(c) Deena's Case [1983 (4SCC 645)] Pgs—144(d) Judicial Discretion Regarding Death Punishment Pgs—in Parliament Pgs—157(e) Death Punishment under Military Law and the Law Pgs—of War Pgs—158Court Martial Pgs—160Law Regarding Enemy Alien Pgs—161Non-conventional War Pgs—1647. Appeal Procedure in Cases of Death Penalty Pgs—166(a) Introduction Pgs—166Right of Appeal to the Supreme Court of India Pgs—167(b) Right to Appeal to Supreme Court Pgs—169(c) Judicial Adhocism in Avoiding Death Sentence Pgs—in Harbans Singh's Case Pgs—1718. Execution Procedure of Death Sentence in India Pgs—178Conditions of Confinement Pgs—179Management of Keys, Conditions under which the Pgs—Door may be Opened Pgs—180Procedure for Hanging Pgs—1819. Public Response in India with Diagrams Pgs—186(a) Analysis of Responses from Judges Pgs—186(b) Analysis of the Responses from Persons other Pgs—than Judges Pgs—188Summing Up of the Indian Position Pgs—195Conclusion Pgs—200End Notes Pgs—206Index Pgs—213