Evaluating the mandatory death penalty under section 398 of the dangerous drug act 1952

Tan, P. and Lee, Y.H. (2007) Evaluating the mandatory death penalty under section 398 of the dangerous drug act 1952. In: University of Malaya - Griffith University International Law Conference, 25-26 Jan 2007, University of Malaya.

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Abstract

The mandatory death penalty under section 39B of the Dangerous Drugs Act 1951 is now 23 years old. This paper seeks to evaluate this penalty from two main perspectives: the nature of the death penalty itself, and the mandatory nature of the punishment under section 39B of the DDA. The first section traces the legislative history of section 39B and other provisions related to the offence of drug trafficking. The second section will examine, first, whether the mandatory death penalty has achieved the aims for which it was promulgated, and secondly, whether these aims are in fact-desirable, bearing in mind that the ultimate goal of any legal system is to achieve justice. The third section is an exposition on the international view of the death penalty. This paper will conclude with a summary of our findings.

Item Type: Conference or Workshop Item (Paper)
Funders: UNSPECIFIED
Subjects: K Law > K Law (General)
Divisions: Faculty of Law
Depositing User: Mr. Mohd Samsul Ismail
Date Deposited: 14 Jul 2015 02:51
Last Modified: 14 Jul 2015 02:51
URI: http://eprints.um.edu.my/id/eprint/13699

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