Tuesday, Mar 30, 2010, Page 8 On capital punishment, President Ma Ying-jeou (馬英九) has said that "We will gradually narrow the scope of capital punishment to minimize violations to human rights." One main reason he is unwilling to abolish capital punishment is that a majority of the public opposes doing so.
Ma says abolishing the death penalty is a long-term goal, but that it is not currently supported by mainstream public opinion. Minister of Justice Tseng Yung-fu (曾勇夫) says he does not have any preconceived ideas on the issue and that he will listen to public opinion before coming up with complementary measures in response.
首先，係因為著名的芝大講座教授Cass Sunstein對死刑嚇阻作用的統計研究，業己證實，以目前既有證據來看，死刑效益難有定論。而陳文所引Mocan&Gittings也受到很多包括統計學者的批評。經驗證據一般來說可以分為二種，一是觀察的證據(anecdotal evidence)，即根據統計觀察將二個事件關連起來；另一則是科學的證據(scientific evidence)，即能進一步說明事件彼此間的因果關係的經驗依據。關於死刑效益，理想的科學證據應該能夠找出二個在其他方面完全相同的社會，一組作控制組，不施以死刑，另一組充作實驗組，施以死刑，再將二者的結果加以比較。但這種作法有實際上的困難。既便就觀察的證據來說，死刑效益也頗成問題。根據美國犯罪防治的統計，所有執行死刑的州整體來說，其犯罪率並沒有低於廢止死刑的州；當某一州開始施行死刑後，其犯罪率往往不降反升；鄰近兩州在一施用死刑一否的情況下，使用死刑的那一州謀殺率沒有持續低於另一州；在廢止死刑的州，其襲警案件的機率比起保有死刑的州來得低；廢除死刑的州比起實施的州，其囚犯及獄政人員遭到終身監禁者的暴力攻擊機率為低。這些統計資料連美國國家科學院(the National Academy of Science) 都為其背書。
Capital punishment has been around for a long time, but the controversy over the death penalty has never been the cause of such agitation, indignation and passion as it is right now. It started with tense questioning by legislators, followed by incensed reporting in the media and then by impassioned protests from relatives of crime victims. Finally, it led to former minister of justice Wang Ching-feng's (王清峰) resignation, leaving her Cabinet post vacant. Perhaps the government should place a job ad: "The Republic of China Cabinet seeks to recruit one minister of justice - those unwilling to sign death warrants need not apply."
At the beginning, this debate had valid implications regarding the law and public interest. The Constitution protects people's right to life, and this protection can only be limited under certain circumstances. But capital punishment deprives convicts of their right to life, so does it contravene the nation's most basic law? This is the constitutional aspect of the death penalty debate.
In Taiwan's judicial system, a case is finalized following the trial in the first instance and two appeals, yet there is a procedural requirement for the minister of justice, who belongs to the executive arm of government, to review cases involving capital punishment and to sign execution warrants only after confirming that there are no doubtful aspects.
