Death Penalty: A Position Paper

By: Donna Jane R. Vapor

According to Bailey (2020), the death penalty, also known as capital punishment or
execution, is the sentence of death imposed by courts as punishment for a crime.
Throughout the Spanish and American colonization of the Philippines, the death
penalty has been known in the context of the country. The government begun to
discuss ordinances aimed at bringing back the death sentence, despite knowing that it
had previously been abolished twice. The death penalty is usually administered to
those who have been convicted of serious crimes. Yet sometimes, individuals who are
deemed innocent can be executed. People's human rights are violated by this. For this
reason in particular, I stand opposing the death penalty being carried out in the
Philippines.

Victims, offenders, and their families may suffer greatly psychologically from the
death penalty and the legal processes that precede it. The majority of those in the
Philippines on death row are convicted of rape, with familial rape being the most
common type. Incestuous rape victims typically want their abuser terminated, their
safety to be restored, and their family member to get better. Victims rarely always
want their abuser to die. It has been observed that the possibility of the death
penalty deters victims from filing charges, and that the victim’s guilt may increase
with a death sentence for the offender, resulting in additional sorrow and conflict in
the immediate family of the victim (Madrid et al., 2001; People v Agbayani, 348 Phil.
368, 1998; Jamon and Bautista, 2016). In reality, most organizations that advocate for
the Philippines’ women and children—who are frequently the victims of capital crimes
—have declared their opposition to the death sentence for rape and incest because
they don't think it would be a solution (Kandelia, 2006).
The criminal justice system in the Philippines is still rife in injustice. The death
penalty might jeopardize the lives of people who are powerless. In accordance with
confirmed totals in the Philippines, 7,025 individuals were killed in President Rodrigo
Duterte's "war on drugs" between July 2016 and January 2017. The casualties were
caused by unknown armed attackers or the police. On the basis of Amnesty
International UK (2017), there are several instances where inaccurate identification
resulted in murder of individuals who have no affiliation with the drug trade. They've
heard allegations that the police have shot and killed unarmed individuals, including
some who were about to turn themselves in. How certain are we that implementing
the death penalty will reduce the criminal activity in our nation? when it is discovered
that police officials are also lawbreakers. The goal of the death penalty is to address
the nation's criminal problems. For some, however, such as those who favor the death
sentence, 7,025 would seem of little significance. But 7,025 is a big number already
when you consider that one of those individuals may be your best friend or your
parents. The residents of our nation will undoubtedly bear the consequences if we
permit the death penalty to be implemented in spite of the injustices existing in our
nation. Violence can never be resolved by violence. Death is an ineffective deterrent
to crime. According to Dollaga (2019), an Amnesty International report claims that
rather than being a remedy to a culture of violence, the death penalty is a symptom
of it.

The vast majority of people who are sentenced to the death penalty are victims of
unfair judicial procedures. The primary objective of prison is to serve as a place of
rehabilitation for offenders. While some people are able to get away with their crimes
through money, others continue to hide their offenses out of dread for the treatment
they will get in prison. This is a result of the Philippines' weak penal system. Less
crime has resulted from improved prison systems in nations like Sweden. According to
an article on the website "Rehabilitation, not incarceration," Swedish prisons are
known for being progressive and liberal, with an emphasis on rehabilitating inmates in
order to prevent them from committing crimes again. since of this, the death
sentence is only very rarely used in our nation's injustices. We also neglect the fact
that the poor will nonetheless continue to be oppressed since they are less able than
the rich to stand up for themselves, which will eventually lead to a rise in inhumanity.
Let's not let our privilege prevent us from seeing the problems that our nation is
facing. The death penalty can't be authorized to trample upon our human rights.

Instead of imposing the death penalty, individuals can take action to prevent crimes.
Rehabilitation has been done in many countries and they too have done well. This is
proof that we don't have to take dire measures just to reduce crime. Criminals are
people too. Our flawed justice system may have also resulted in some being falsely
accused. We must not ignore this fact to support the death penalty. "How can we
prevent crime? Ensure a quality life for all. How can we ensure that those who have
been wrongly victimized receive justice and a life-saving justice that avoids the
burden of guilt, anger, revenge, and punishment?". (Dollaga, 2019) Some may think
that rehabilitation may not just work out for criminals who made serious crimes.
Criminals, however, have motivations for committing these crimes. Rehabilitation will
enable them to deeply and self-reflect. While receiving rehabilitation, they will be
able to learn, which will inspire them to make positive changes in their lives and start
over from scratch. It will serve as a reminder to them that they are people just like
the rest of us, and that they are more than their transgressions. The remedy to
criminality is rooted in humanity
 POSITION PAPER

Donna Jane R. Vapor