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Capital punishment, also known as the death penalty, is an issue that polarizes members of society. There are groups that are vociferous in support and in criticism of capital punishment, both in Korea and in other countries where the death penalty exists, such as the United States. Recently a blow has been struck by the opponents of capital punishment in Korea.

Last week, a bill to abolish the death penalty was introduced to the National Assembly by Uri Party Representative Yoo In-tae. It has been reported that 151 bipartisan lawmakers support the measure to ban the death penalty, and with such support, Representative Yoo stated that the bill would likely pass the National Assembly.

There have been previous unsuccessful efforts to ban the death penalty, with a similar bill presented to the National Assembly in 1999, and again in 2001, that time with the support of 155 legislators, which was a slight majority at the time.

These two attempts were thwarted by the judiciary committee of the National Assembly, and the bills never made it to a vote.

However, it could be likely that the bill will survive the judiciary committee, as most of the committee members are lawyers who are part of a group supporting reform.

The proposed bill would scrap the death penalty now in place with a punishment of life in prison, with no parole or pardon possible.

In the United States, unlike in Korea where the criminal law is a national law, criminal laws are put in place by each state and by the federal government (for federal crimes), and it is up to each state to decide whether to enact a death penalty. Currently, 38 states, as well as the U.S. government and military have the death penalty.

The U.S. Supreme Court struck down the death penalty in Furman vs. Gerogia (1972), saying it was arbitrary and discriminatory, but later ruled in Gregg vs. Gerogia (1976) that the new death penalty statutes were constitutional.

Opponents of the death penalty argue, among other things, that innocent people are being sentenced to death, that defendants often were not adequately represented by legal counsel, that race often plays a factor in determining whether capital punishment is imposed, that the location of the trial often determines whether capital punishment is sought rather than the nature of the crime itself, and that juvenile offenders are being sentenced to death.

Often opponents cite that enforcement of capital punishment is more expensive than cases involving life in prison and that the death penalty is not an effective deterrent. Proponents argue that the death penalty is involved in a small percentage of murder cases and these are for specific crimes.

Others would argue that the punishment should fit the crime, especially in specific and extreme murder cases. A recent U.S. poll put public support of the death penalty at 64 percent in favor and 32 percent opposed.

Whatever the result of the newly proposed law, there will certainly be further debate over this sensitive issue.

Tom Chung is is from Hwang Mok Park. HMP is one of Korea‘s leading law firms. HMP provides effective legal solutions that allow its clients to adapt and thrive in Korea‘s rapidly changing business environment. Tel: (02) 772-2700. E-mail: info@hmplaw.com - Ed.

By Tom Chung

http://www.koreaherald.co.kr/SITE/
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