Human Justice Fallibility and Death Sentence

This article discusses the fallibility of human justice and its impact on the death sentence. It highlights the challenges of achieving certainty in criminal proceedings and how fallibility compromises the existence of capital punishment. The article argues that the risk of executing innocent people due to human fallibility devalues human life and violates the fundamental right to life.

Human justice fallibility and death sentence
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Guilty or not? Certainty is to a large extent not possible
Usually, the most difficult part of a judge’s job in any criminal proceeding comes when he/she
has to decide on facts. So as to be able to render the verdict in a criminal proceeding, a judge must
decide upon facts presented by the prosecution after which he/she must pronounce proper sentence.
Here, facts are things that took place in the past and thus tricky when making decisions. The facts upon
which a court grounds its decision-facts that collaborates answers to such questions as to whether the
law was violated, who is the perpetrator must be proven in a manner deemed accurate and beyond any
reasonable doubt (Dimitrievski, et al,2016). In other words, a judge must be fully certain. But even in this
technological era where methods such as the DNA test have been developed to enhance certainty,
certainty is still a problem given that at times the guilty are freed and innocent jailed. This is owing to
the fact that human knowledge is limited and that there is information imperfection. Despite the notion
that tests such as DNA are more accurate and enhance certainty, the quality of the process, sample used
and analysis of result can always be doubted (Parks,2010). Given that errors in such tests can lead to
wrong results and thus prompt the judge give improper sentence, certainty is to a large extent
impossible.
Fallibility in human justice compromise existence of capital sentence
In spite of comprehensive evaluation of results in evidentiary proceedings, a judge can always
be in dilemma whether or not the facts are proven. But at the end of the day, he/she has to decide.
Such brings up the issue of fallibility in judgment. As a result, the defendant can be given a capital
punishment such as death or life sentence he/she doesn’t deserve. Jurors, prosecutors or even
witnesses are bound to make mistakes. Such mistakes as well as the flaws in the system make it
inevitable that innocent people get convictions of crimes. It is evident that many people have been
wrongfully convicted and most get capital punishment (Radelet, Bedau,& Putnam, 1992). The issue of
human fallibility is of a great concern as far as the death penalty is of concern. This is because death is a
severe penalty that calls for weightier justification. The justification must come after one is fully certain.
But due to human fallibility certainty is not easy to achieve and could result in the execution of the
innocent. The fact that human justice is prone to fallibility compromises the existence of the death
penalty (Williams,2005). It draws our concerns for the innocent. Also, that every human being has got an
inalienable right to life whether or not they have committed a crime. Thus sentencing one to death is in
itself a violation of their fundamental right. Capital punishment and in particular the death punishment
is a legalization of an act of violence that is irreversible. The fact that human judgment is fallible allows
execution of innocent people which is a big risk always. Therefore, capital punishment and fallibility in
human justice devalues human life and thus should be precluded.

References
Dimitrievski,et al,. (2016). Doubt in Favour Of The Defendant, Guilty Beyond Reasonable Doubt.
OSCE Mission to Skopje
Radelet, M. L., Bedau, H. A., & Putnam, C. E. (1992). In Spite of Innocence: Erroneous Convictions
in Capital Cases. Press.
Parks, P. J. (2010). DNA evidence and investigation. San Diego, CA: ReferencePoint Press.
Williams, M. E. (2005). Capital punishment. Farmington Hills, MI: Greenhaven Press.