Validating the commutation of death sentence using human ‘capabilities’

Abstract

Abstract At the heart of our shared humanity lies the intrinsic value of human life—an irreplaceable essence that shapes the moral fabric of society. A humanistic and people-oriented society demands that retributive and restorative justice be reconciled. The commutation of the death sentence is one such extension. This paper challenges conventional narratives by exploring an alternative framework rooted in human dignity and potential. It delves into the death penalty through the lens of the capabilities approach, a framework developed by Amartya Sen and Martha Nussbaum that emphasises human dignity and well-being. By comparing retributive and restorative justice models, the paper argues for a more humane approach to justice that goes beyond mere punishment to consider the potential for rehabilitation and social healing. Retributive justice, which focuses on accountability, often neglects the broader impacts of capital punishment, while restorative justice emphasises the offender’s potential for change and the needs of victims and communities. The paper proposes introducing a capabilities test to assess whether the potential for personal development should guide sentencing away from capital punishment. This approach is crucial because it challenges the status quo in criminal justice, advocating for a system that respects human potential and promotes societal well-being. The significance of this scholarship also lies in its potential to reshape the legal landscape in countries where the death penalty remains a contentious issue. By linking the capabilities approach to criminal justice, and advocating for a greater incorporation of restorative justice within retributive systems, such as in India and Singapore, this paper offers a fresh perspective that could influence both policy and practice, making it a timely and necessary contribution to the global debate on capital punishment. This scholarship isn't just about theoretical exploration; it’s about envisioning a justice system that upholds human dignity at its core, an issue that remains deeply relevant today.

Keywords

• Death penalty
• Capabilities
• Dignity
• Prison conditions
• Death row
• Germany