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Death Under the Shadow of Judiciary   

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Author N.M. Ghatate
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  • ISBN : 9788184303483
  • Language : English
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  • N.M. Ghatate
  • 9788184303483
  • English
  • Prabhat Prakashan
  • 2016
  • 224
  • Hard Cover

Description

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.

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Contents

Preface Pgs—5

1. Introduction Pgs—15

2. 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—28

Beheading of King Charles I Pgs—29

(f) Execution by Garotte Pgs—42

3. Present Methods of Execution of Death Punishment Pgs—43

(a) Firing Squad Pgs—43

(b) Hanging by Noose Pgs—45

Procedure 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—60

Controversial Execution of Rosenbergs in 1953 Pgs—64

Electrocution of Michel Pgs—72

Double 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—96

4. 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—104

Execution for Drug-related Offences Pgs—106

(c) Death Penalty Country-wise Pgs—106

Countries that have Executed People during 2011 Pgs—108

5. Situation and Methods of Death Punishment in the United States of America Pgs—110

Stay 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—131

6. 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—139

Criminal 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—158

Court Martial Pgs—160

Law Regarding Enemy Alien Pgs—161

Non-conventional War Pgs—164

7. Appeal Procedure in Cases of Death Penalty Pgs—166

(a) Introduction Pgs—166

Right 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—171

8. Execution Procedure of Death Sentence in India Pgs—178

Conditions of Confinement Pgs—179

Management of Keys, Conditions under which the Pgs—Door may be Opened Pgs—180

Procedure for Hanging Pgs—181

9. 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—188

Summing Up of the Indian Position Pgs—195

Conclusion Pgs—200

End Notes Pgs—206

Index Pgs—213

The Author

N.M. Ghatate

Dr. N.M. Ghatate is a Senior Advocate of the Supreme Court of India. He has been Vice Chairman of the Law Commission of India. He was the Member of the National Executive of the Jana Sangh/Bharatiya Janata Party from 1973 to 1998.

He did his M.A. and Ph.D in International Relations from the School of International Studies, The American University, Washington D.C. His M.A. thesis was on Sino-Burmese Border Dispute and Ph.D. thesis on Disarmament in India's Foreign Policy: 1947-1965. He was also lecture of International Relations and Organisations in the USA and India; and Participated in Several seminars in India and abroad.

He has written a number of research articles on constitutional law, international relations and contemporary domestic politics. Books to his credit are: Indo-Soviet Treaty: Reactions and reflections; Bangladesh: Crisis and consequences; Revoke Emergency; Four Decades in Parliament (English and Hindi) and Decisive days speeches by former Prime Minister Shri Atal Bihari Vajpayee.

At present, he is working three books viz. Emergency, Constitution and Democracy—An Indian Experience; 'Death under the shadow of Judiciary'; and Disarmament Policy of India in Nuclear Age 1947-2010.

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