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7/30/2019 Bahan Mentah Moral

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Ancient Tang China

Although many are executed in China each year in the present day, there was a time in Tang Dynasty

China when the death penalty was abolished.This was in the year 747, enacted by Emperor

Xuanzong of Tang (r. 712756). When abolishing the death penalty Xuanzong ordered his officials to

refer to the nearest regulation by analogy when sentencing those found guilty of crimes for which

the prescribed punishment was execution. Thus depending on the severity of the crime a

punishment of severe scourging with the thick rod or of exile to the remote Lingnan region might

take the place of capital punishment. However the death penalty was restored only 12 years later in

759 in response to the An Lushan Rebellion.[28] At this time in China only the emperor had theauthority to sentence criminals to execution. Under Xuanzong capital punishment was relatively

infrequent, with only 24 executions in the year 730 and 58 executions in the year 736.

The two most common forms of execution in China in the Tang period were strangulation and

decapitation, which were the prescribed methods of execution for 144 and 89 offences respectively.

Strangulation was the prescribed sentence for lodging an accusation against one's parents or

grandparents with a magistrate, scheming to kidnap a person and sell them into slavery and opening

a coffin while desecrating a tomb. Decapitation was the method of execution prescribed for more

serious crimes such as treason and sedition.


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Modern era

The last several centuries have seen the emergence of modern nation-states. Almost fundamental to

the concept of nation state is the idea of citizenship. This caused justice to be increasingly associated

with equality and universality, which in Europe saw an emergence of the concept of natural rights.

Another important aspect is that emergence of standing police forces and permanent penitential

institutions. The death penalty became an increasingly unnecessary deterrent in prevention of minor

crimes such as theft. The argument that deterrence, rather than retribution, is the main justification

for punishment is a hallmark of the rational choice theory and can be traced to Cesare Beccaria

whose well-known treatise On Crimes and Punishments (1764), condemned torture and the death

penalty and Jeremy Bentham who twice critiqued the death penalty. Additionally, in countries like

Britain, law enforcement officials became alarmed when juries tended to acquit non-violent felons

rather than risk a conviction that could result in execution.[citation needed] Moving executions

there inside prisons and away from public view was prompted by official recognition of the

phenomenon reported first by Beccaria in Italy and later by Charles Dickens and Karl Marx of

increased violent criminality at the times and places of executions.

By 1820 in Britain, there were 160 crimes that were punishable by death, including crimes such as

shoplifting, petty theft, stealing cattle, or cutting down trees in public place.[33] The severity of the

so-called Bloody Code, however, was often tempered by juries who refused to convict, or judges, in

the case of petty theft, who arbitrarily set the value stolen at below the statutory level for a capital

crime.

Contemporary era

The 20th century was the bloodiest in human history. Tens of millions were killed in wars between

nation-states as well as genocide perpetrated by nation states against political opponents (both

perceived and actual), ethnic and religious minorities; the Turkish assault on the Armenians, Hitler's

attempt to exterminate the European Jews, the Khmer Rouge decimation of Cambodia, the

massacre of the Tutsis in Rwanda, to cite four of the most notorious examples. A large part of

execution was summary execution of enemy combatants. Also, modern military organisations

employed capital punishment as a means of maintaining military discipline. The Soviets, for example,

executed 158,000 soldiers for desertion during World War II.[35] In the past, cowardice, absence

without leave, desertion, insubordination, looting, shirking under enemy fire and disobeying orders

were often crimes punishable by death (see decimation and running the gauntlet). One method ofexecution since firearms came into common use has almost invariably been firing squad.


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Various authoritarian states for example those with fascist or communist governments

employed the death penalty as a potent means of political oppression. According to Robert

Conquest, the leading expert on Stalin's purges, more than 1 million Soviet citizens were executed

during the Great Terror of 193738, almost all by a bullet to the back of the head.[36] Mao Zedong

publicly stated that "800,000" people had been executed after the Communist Party's victory in

1949. Partly as a response to such excesses, civil rights organizations have started to place increasing

emphasis on the concept of human rights and abolition of the death penalty.

JUVENILE DELINQUENCY

Juvenile delinquency, also known as juvenile offending, or youth crime, is participation in illegal

behavior by minors (juveniles) (individuals younger than the statutory age of majority).[1] Most legal

systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers,

and courts. A juvenile delinquent is a person who is typically under the age of 18 and commits an actthat otherwise would have been charged as a crime if they were an adult. Depending on the type

and severity of the offense committed, it is possible for persons under 18 to be charged and tried as

adults.

In recent years, the average age for first arrest has dropped significantly, and younger boys and girls

are committing crimes. Between 60-80% percent of adolescents, and pre-adolescents engage in

some form of juvenile offense.[2] These can range from status offenses (such as underage smoking),

to property crimes and violent crimes. The percent of teens who offend is so high that it would seem

to be a cause for worry. However, juvenile offending can be considered normative adolescent

behavior.[2] This is because most teens tend to offend by committing non-violent crimes, only onceor a few times, and only during adolescence. It is when adolescents offend repeatedly or violently

that their offending is likely to continue beyond adolescence, and become increasingly violent. It is

also likely that if this is the case, they began offending and displaying antisocial behavior even before

reaching adolescence

Capital punishment in Malaysia applies to murder, drug trafficking, treason, and waging war against

Yang di-Pertuan Agong (the King). Recently, the law has been extended to include acts of terrorism.

Any terrorists, and anyone who aids terrorists, financially or otherwise, are liable to face the death

penalty.


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Only High Courts have the jurisdiction to sentence someone to death. Juvenile cases involving the

death penalty are heard in High Courts instead of the juvenile court where other juvenile cases are

heard. Appeals to the Court of Appeal and the Federal Court are automatic. The last resort for the

convicted is to plead pardon for clemency. Pardons or clemency are granted by the Ruler or Yang di-

Pertua Negeri (Governor) of the state where the crime is committed or the Yang di-Pertuan Agong if

the crime is committed in the Federal Territories or when involving members of the armed forces.

Death sentences are carried out by hanging as provided in Section 281 of the Criminal Procedure

Code. Pregnant women and children may not be sentenced to death.

Between 1970 and 2001, Malaysia executed 359 people. As of 2006, 159 people remain on death

row.

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