Death Punishment: Australia and Malaysia Jurisdiction Sing the Use of Drugs

Introduction

Society has ever depended on its established Torahs along with its penalties to accomplish order and peace in the society. Within the list of penalties, the thought of utilizing capital penalty to penalize felon has been rather a controversial subject. Capital penalty is known to be the most serious signifier of penalty to discourage offenses and to continue justness ( Leechaianan & A ; Longmire, 2013 ) . Its being has besides caused political tensenesss between states that upholds this signifier of penalty and states that have abolished capital penalty ( Keally, 2007 ) .

For many states, this signifier of penalty has been a norm for many centuries within legion legal powers, it is reserved for the most unsafe offenses and a agency to guarantee that its society is wholly free from any unsafe felons ( Leechaianan & A ; Longmire, 2013 ) .Nevertheless, the capital penalty over the old ages has been seen as a offense against humanity by many human rights organisations, the call from these groups has caused the cogency of capital penalty in all legal power to be questioned ( Amnesty International, 2014 ) . Many states, including Australia have abolished utilizing the decease punishment pattern as a signifier of penalty ( Potas & A ; John, 2012 ) . Malaysia, on the other manus, still have Torahs sing thecapital penalty ( Amnesty International, 2014 ) .

This essay aims to finish a comparative instance survey of offense and justness, by comparing the similarities and differences of offense control mechanisms with its offense tendencies for the usage of drugs between Australia and Malaysia legal power. This essay will besides research chiefly on the thought of utilizing the decease punishment as a signifier of offense control, to make up one’s mind if it is a merely signifier of penalty, and if the decease punishment should be abolished.

Aims

  1. The aims of this essay is to foremost, compare the legal power between both Australia and Malaysia, in order to happen out how each state trades with condemnable who are guilty of trafficking drugs or utilizing drugs.
  2. Malaysia claims that the usage of capital penalty is sensible because it aids with the disincentive of drug usage ( Leechaianan & A ; Longmire, 2013 ) . The 2nd aim is to research the drug usage tendency between both Australia and Malaysia in order to happen out if utilizing the decease punishment as a signifier of offense control is a valid ground.
  3. Last, this essay will discourse if the decease punishment should be abolished.

Methods

The appropriate pick of information which will be used to measure the tendency of drug offenses in Malaysia is the one-year authorities study from the Malaysia Ministry of Home Affairs ( 2013 ) and a study of substance maltreatment from the Malaysia National Institutes of Health ( 2013 ) ; which archives the national database on drug maltreatment in Malaysia.

The appropriate pick of information which will be used to measure the tendency of drug offenses in Australia will the one-year authorities facts and figures report from the Australian Institute of Criminology ( 2013 ) , a Drug Use among Police Detainees study from Australian Institute of Criminology ( 2012 ) and an Illicit Drug Data Report from the Australian Crime Commission ( 2014 ) which maintains the drug offense rate database of Australia. Data collected by the Amnesty International ( 2014 ) will be used as it has the figure of decease sentences and executings rate of Malaysia.

There are nevertheless restrictions to these informations collected which will be used in this comparative survey. Issues such as the effectivity of comparison between legal powers as the informations collected by bureaus from Australia and Malaysia, which have both really different societal civilization from each other. Furthermore, the unit of measuring is non the same for all the informations collected. For case, the some tribunals may file away each instance as an single degree, nevertheless constabulary services archive the inside informations of each offense.

Additionally, some bureaus label and grouped their informations by twelvemonth, hence the precise period of clip will differ between bureaus. For illustration, some bureaus uses the fiscal twelvemonth which starts from July 1 boulder clay June 30 of the subsequent twelvemonth, on the other manus some uses the calendar twelvemonth which starts from January boulder clay December of the same twelvemonth.

Last, it is possible that there might be a deficiency of transparence attach toing the sum of informations being shared or even to understate certain records for grounds such as: to avoid the spotlight of the populace, hedge any opportunity of public examination or to continue any signifier of repute.

Settings

Australian

With over 7.68 million square kilometres, the Commonwealth of Australia have a population of about 21 million, Australia is a democratic and multicultural state with a strong economic system position ( National Gallery of Australia, 2013 ) . As a federal parliamentary democracy, Australia consist of six provinces: Western Australia, Victoria, Tasmania, South Australia, New South Wales and Queensland ; and two districts: Northern Territory and Capital Territory ( Leeming, 2012 ) . Each of them have its ain condemnable Torahs, prisons, juvenile establishments, tribunals, constabulary services and other rectification installations ( Leeming, 2012 ) . Additionally, the Australia authorities besides creates their ain Torahs which can use to all its legal powers ( Leeming, 2012 ) .

Table 1: Illicit drug apprehension in Australia from 2004 to 2014

Beginning: ( Australian Crime Commission, 2014 )

Table 2: Drug ictuss in Australia from 2004 to 2014

Beginning: ( Australian Crime Commission, 2014 )

Table 3: Proportion of Australian population aged 14 old ages or older reported for drug usage from 1993 to 2013

Beginning: ( Australian Institute of Criminology, 2013 )

Malaya

Located in the Southeast Asia with approximately 30 million people, the state of Malaysia consist of 3 federal districts and 13 provinces with a land size of about 329,850 square kilometres ( Stanton, Ramsamy, Seybolt, & A ; Elliott, 2012 ) . They make it a point to implement the capital penalty to any citizen or alien guilty of slaying, offenses against the individual of a Ruler, taking surety, holding any ownership of pieces, for dispatching a piece during offenses even if cipher is injured and for trafficking specific measure of drugs ( United Nations, 2014 ) .

Table 4: Measure of narcotics that initiates the compulsory decease punishment in Malaya

Beginning: ( Malaysia Ministry of Home Affairs, 2013 )

Table 5: Seizures of drugs in Malaya from 2004 to 2012

Beginning: ( Malaysia Ministry of Home Affairs, 2013 )

Table 6: Arrested for opiate and hemp related drug usage from 2006 – 2012

Beginning: ( Malaysia National Institutes of Health, 2013 )

Table 7: Arrested for Dangerous Drug: Party drugs related usage from 2006 – 2012

Beginning: ( Malaysia National Institutes of Health, 2013 )

Table 8: Arrested for Heroin and Amphetamine-type stimulations ( ATS ) maltreatment in Malaysia

Beginning: ( Malaysia National Institutes of Health, 2013 )

Brief Description

In 1973, the Australian authorities have abolished the capital penalty for all provinces and districts, with Queensland being first to get rid of in 1922 and New South Wales the last province to get rid of in 1985 ( Roth, 2011 ) . The first province executing took topographic point at Sydney on February 27th, 1788 ; Thomas Barrett was found guilty for stealing nutrient from some public shops and he was hanged ( Roth, 2011 ) . In 1967, the last condemnable in Australia executed was Ronald Ryan ; he shot a prison guard while seeking to get away prison, he was found guilty and was hanged ( Roth, 2011 ) . Australia is one of the 140 states around the universe that have abolished the capital penalty ( Amnesty International, 2014 ) . Australian policy against drug accents on the partnerships between wellness services, jurisprudence enforcement, authorities sectors, instruction system and along with the condemnable justness sector to cut down drug offenses ( Australian Institute of Criminology, 2012 ) . Extra vital groups that aids to this harmonized tactic include the media industry and local community centres ; such coaction between wellness services, instruction system in schools and jurisprudence enforcement have been known as the important nexus for Australia ‘s drug policy ( Australian Institute of Criminology, 2012 ) .

Malayas have been utilizing the decease punishment as a agency of offense control for the most serious offenses and regard drug usage as menace to society, therefore really rigorous Torahs have been implemented against drug usage and drug trafficking in the legal power ( Miin, Guru, & A ; Mohammad, 2012 ) . Despite such rigorous ordinance, the drug offenses in Malaysia continue to demo no discernible mark of decelerating down. Since 1960, Malaysia had sent more than 440 people on decease row as agencies of offense control, yet the lifting demand drugs have caused the handiness of diacetylmorphine to increased ( International Narcotics Control Board, 2004 ) . In the twelvemonth 2013, Malaysia executed 78 persons ( Amnesty International, 2014 ) .

Consequences

In Australia, there has been about 113,000 apprehension for illicit drug usage in the twelvemonth 2013 and 2014. Harmonizing to Table 1, the ATS apprehensions in Australia has increased in 2013 and 2014 which sums to 23.4 per cent, drug apprehension from hemp continues to be the largest proportion of illicit drug. Furthermore, the sum of diacetylmorphine apprehensions in Table 1 histories to 2.5 per cent in that coverage period, nevertheless there has been a gradual declined by 16.4 per cent from the twelvemonth 2004. The overall drug ictuss made in Australia in Table 2 has been increasing easy since the twelvemonth 2004, with hemp drugs accounting to the largest figure of ictuss. Furthermore, in the twelvemonth 2013 to 2014, the diacetylmorphine seizures in Australia history to 2.9 per cent, which is a rise from 1.9 per cent decennary low reported in the twelvemonth 2012 and 2013. There has non been much alterations for the usage of meth/amphetamine over the twelvemonth since 1993 to 2013 harmonizing to Table 3, which remains at around 2.1 per cent. There is nevertheless a significantly declined of diacetylmorphine usage in the twelvemonth 2010 from 0.2 per cent to 0.1 per cent in the twelvemonth 2013, this was the first lessening accounted for since 2001.

In Malaysia, there appears to be an addition of drug ictuss, particularly the addition of heroin drug which initiates the compulsory decease punishment in Malaysia. Table 5 shows that from 2004 to 2010, the annual ictuss for heroin drug increased to around 22 per cent. However, from 2010 to 2011, diacetylmorphine ictuss have drastically doubled. The figure of constabulary apprehension in Table 6 refers to cannabis and opiate usage in Malaysia, between 2008 and 2010, there has been a rise of about 20,000 apprehensions followed by a diminution from the twelvemonth 2010. Table 7 displays the figure of apprehensions made for utilizing unsafe drug to be increasing, the persons that have been arrested were tested positive for utilizing unsafe drugs such are ecstasy, Ketalar and ATS. There has been about a quadruple addition of apprehension made related to unsafe drug offenses in Malaya from 2006 to 2012. Although the decease punishment will be imposed on users of diacetylmorphine, the rush of drug users is still really noticeable in the timeline of Table 8, exposing the apprehensions made for illicit usage of ATS and heroin showing a steady addition of people originating diacetylmorphine usage since the beginning of late sixtiess.

Decision

The drug offenses in Australia have been increasing somewhat since 2004. In order to cut down its drug offenses, Australia have chosen a more humanist manner of making policies which aims to reform the community alternatively of put to deathing the felons. Australia have emphasized that the important nexus for Australia ‘s drug policy against offense to work ; is when wellness services, media industry, schools and jurisprudence enforcement working together to make an environment which shapes a drug free community.

Malayas have been utilizing the decease punishment along with many other states in Asia ( Amnesty International, 2014 ) . Even though the capital penalty offenses need the prosecuting officers to turn out beyond sensible uncertainty that the wrongdoer is guilty, it can ne’er assure the confidence that the opinion is made without any human mistake. Additionally, Malaysia claims that decease punishment is necessary to discourage offenses, but from the consequences above, there is still clearly an addition of drug offenses originating.

This essay determines that the capital penalty is a disproportionate to the badness of drug-related offenses for the undermentioned grounds: ( 1 ) the claim that trafficking of drugs is among the most serious offenses is problematic as the nature of the offense does non ensue in the sort of result e.g. how loss of life homicide could bring forth ; ( 2 ) the measure of each drugs ensuing the decease punishment differs from other states e.g. Singapore, Indonesia and Thailand ; and ( 3 ) there will ever be a hazard of unlawful strong belief due to human mistake when utilizing a capital penalty.

Mentions

Amnesty International. ( 2014 ) . Death Sentences And Executions. United Kingdom: International Secretariat.

Australian Crime Commission. ( 2014 ) . Illicit Drug Data Report 2013–14. Australian capital: Australian Crime Commission.

Australian Institute of Criminology. ( 2012 ) . Drug usage monitoring in Australia. Canberra: Australian Institute of Criminology.

Australian Institute of Criminology. ( 2013 ) . Australian offense: Facts & A ; figures. Australian capital: Australian Institute of Criminology.

Hood, R. ( 2013 ) . The Death Penalty in Malaysia. London: The Death Penalty Project.

International Narcotics Control Board. ( 2004 ) . Report of the International Narcotics Control Board for 2004. Oesterreich: International Narcotics Control Board.

Keally, M. ( 2007 ) . Punishment and political order. Michigan: University of Michigan Press.

Leechaianan, Y. , & A ; Longmire, D. ( 2013 ) . The Use of the Death Penalty for Drug Trafficking in the United States, Singapore, Malaysia, Indonesia and Thailand: A Comparative Legal Analysis. Multidisciplinary Digital Publishing Institute, 115–149.

Leeming, M. ( 2012 ) . Authority to make up one’s mind: the jurisprudence of legal power in Australia. New South Wales: Federation Press.

Malaysia Ministry of Home Affairs. ( 2013 ) . Malaysia Country Progress Report of Drug Contrrol. Malaya: Prisons, Anti-Drugs & A ; Civil Defence Division.

Malaysia National Institutes of Health. ( 2013 ) . Substance Abuse and the HIV Situation in Malaysia. Malaya: Ministry of Health.

Miin, Y. , Guru, D. , & A ; Mohammad, N. ( 2012 ) . Capital Punishment in Malaysia and Globally: “ A tool for justness or a arm against humanity ” . Legal Network Series, 1-23.

National Gallery of Australia. ( 2013 ) . Australia. London: Royal Academy of Arts.

Potas, I. , & A ; John, W. ( 2012 ) . Capital penalty. Australian capital: Australian Institute of Criminology.

Roth, M. ( 2011 ) . Crime and penalty: a history of the condemnable justness system. California: Cengage Learning.

Stanton, A. , Ramsamy, E. , Seybolt, P. , & A ; Elliott, C. ( 2012 ) . Malaya: 1900 to Present: East and Southeast Asia. Thousand Oaks: Sage Publications, Inc.

United Nations. ( 2014 ) . Traveling Away from the Death Punishment: Arguments, Trends and Perspectives. New York: United Nations Human Rights.