Open AccessEnforcement of Capital Punishment: Legal Issues in Eliminating Drug Trafficking
Author(s) -
Nasreen Miza Hilmy Nasrijal,
Ekmil Krisnawati Erlen Joni
Publication year - 2016
Publication title -
social and management research journal/social and management research journal
Language(s) - English
Resource type - Journals
eISSN - 0128-1089
pISSN - 1675-7017
DOI - 10.24191/smrj.v13i2.5270
Subject(s) - acquittal , drug trafficking , capital punishment , punishment (psychology) , criminology , conviction , political science , drug , enforcement , capital (architecture) , law , medicine , pharmacology , psychology , social psychology , archaeology , history
Drug trafficking in Malaysia is punishable with a mandatory capital punishment. To convict a person for drug trafficking is a laborious task for the prosecution. This paper presents the findings of the research on drug trafficking cases which revealed that the courts have been vigorous in meting out capital punishment. However, there are challenges faced by the prosecution in succeeding in cases. This study found various hindrances that frustrate the efforts in combating drug trafficking activities. In some cases, due to evidential procedures and requirements, the person accused for drug trafficking had to be acquitted even though the amount of drugs involved in the case appeared to suggest that there was some drug-related activities. Therefore, while capital punishment is theoretically aimed at deterring drug trafficking, much has to be done to achieve the intended objective.
Keywords: drug trafficking, capital punishment, evidential procedures, acquittal, conviction