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After the Norman conquest of Ireland, English law provided the model for Irish law. This originally mandated a death sentence for any felony, a class of crimes established by common law but, in Ireland as in England, was extended by various Acts of Parliament; [4] a situation later dubbed the "Bloody Code".
The purpose of the amendment was therefore not to end the practice, but rather to forbid the Oireachtas from reintroducing the death penalty in future, even during a state of emergency. This is the only explicit exception to the sweeping powers otherwise granted to the state during such an emergency.
The Twenty-first Amendment, passed in 2001, prohibited the use of the death penalty in a new subsection in Article 15.5.2°, and provided that the emergency provisions of the Constitution could not be used to allow the death penalty. Those later changes are highlighted in bold:
Prohibition of the death penalty: Since the enactment of the twenty-first amendment, signed into law in 2002, the Oireachtas is prohibited from enacting any law that imposes the death penalty (Article 15.5.2°); this restriction even applies during a time of war or armed rebellion (Article 28.3.3°).
Death penalty opponents regard the death penalty as inhumane [206] and criticize it for its irreversibility. [207] They argue also that capital punishment lacks deterrent effect, [208] [209] [210] or has a brutalization effect, [211] [212] discriminates against minorities and the poor, and that it encourages a "culture of violence". [213]
Death penalty for murder; instigating a minor's or a mentally ill's suicide; treason; terrorism; a second conviction for drug trafficking; aircraft hijacking; aggravated robbery; espionage; kidnapping; being a party to a criminal conspiracy to commit a capital offence; attempted murder by those sentenced to life imprisonment if the attempt ...
By 1823, the Judgment of Death Act made the death penalty discretionary for most crimes, and by 1861, the number of capital offences had been reduced to five. The last execution in the United Kingdom took place in 1964, and the death penalty was abolished for various crimes in the following years.
A goal may be scored from a penalty kick. [8] The proposal initially generated much derision and indignation amongst footballers and the press as the "Irishman's motion" or the "death penalty" as it was known, conceded that players might deliberately act unsportingly. This went against the Victorian idea of the amateur gentleman sportsman.