So the cabinet has agreed to send killer rapists to the gallows. Our morally impeccable ministers have decided that it is acceptable to snuff out the life of a 'monster' so that justice will prevail and would-be monsters will be deterred.

By legally murdering a murderer, do we achieve anything apart from committing another wrong in the quest to find a right. The simple equation here being: Can two wrongs equal a right?

Nobody denies the need to punish the perpetrators of heinous crimes but killing them is an archaic practice that stems from a time where the psychological aspects of a criminal were ignored.

It is rooted in a world where things were black and white. Today, the world is gray and the minds of her occupants, a more darker shade. Hence, a review is needed.

The mind is a wonderful but yet dangerous gift bestowed upon humans. Certain experiences or events can destabilize its fragile equilibrium, and the line between right and wrong becomes blur or completely non-existent.

More often than not, these 'monsters' are made, not born. Delve into their past and one may stumble upon a coffer of abuse and suffering.

So do we actually appease the goddess of justice by sacrificing a person whose world, as far as his/her mind is concerned, is far removed from the reality that we know or judge by.

Further, by bringing about an arbitrary end, aren't we robbing this person of a chance to repent, seek redemption or for that matter, treatment. Is there no turning back for wayward souls?

Although the above may sound idealistic, there are instances where hardened criminals have turned over a new leaf.

Family punished

Another facet to capital punishment is that not only is the criminal punished but so is his/her family.

To society, the criminal may be a beast but to his wife, he is still a husband, to his parents, a son and to his children, a father.

Putting him/her behind bars for decades will take a toll on them but at least knowing that the person is alive would ease the pain a little.

Many would argue as to why this 'monster's' family should be accorded such a privilege when the victim's family is forced to cope with a tragic loss? Such polemics would only return us to the equation of can two wrongs make a right.

Sentencing a person to death is wrong. Who amongst us, is untainted, to deliberate on whether a person is fit to live? We have all been monsters at one stage or another, only the degree of monstrosity may vary.

Imperfect system

Furthermore, the system is not perfect. Precedence, clauses and procedural defects provide ample room for wrongful convictions and acquittals. To wager a life on an imperfect system, is simply not right.

There have been cases where a convict is proven innocent years later when new evidence is unearthed. It would be a shame if that person does not live to see his/her name being cleared and justice finally served.

In some countries, including Malaysia, capital punishment extends to drug trafficking and treason - crimes of a lesser degree as opposed to raping and killing a child, and where the probability of repent is higher.

A recent example, is the hanging of 23-year-old Malaysian Vignesan Mourthi in Singapore last September for smuggling 27 grams of heroin into the republic two years before.

The family tried frantically to save the youth. In a last ditch attempt, the case was presented before the Court of Appeals, where the chief judge was quoted as saying, "You have to say goodbye to him, that's all you can do. He's going to be hanged anyhow."

His lawyers claimed that Vignes was a victim of a 'serious miscarriage of justice'.

Who knows, there could have been new evidence in the future which may have vindicated him. Or if not hanged, he could have repented and become a model citizen?

But do these hypotheses matter now?

If the government wants to propose stiffer penalties for 'monsters', why not just incarcerate them for life. Besides, there's already caning to leave a permanent and painful reminder.

Taking away one's liberty can be a more effective punishment than taking a life.


RK ANAND is a member of the malaysiakini team.