Rutgers Model United Nations 2009
Delegates: Guillermo Avila and Michael Maskin
Commission on Crime Prevention and Criminal Justice
School: Montclair High School
Country: Cuba
Criminal Justice Reform for Capital Crimes
Capital punishment can be defined as the execution of a person by a judicial
process as a punishment for an offense. Traditionally this most severe punishment is
reserved for only the most severe crimes, among these are murder, treason, rape, and drug
trafficking. Capital punishment as well as the crimes that merit it has evolved through the
centuries. At some point in time or another it has been used by all societies as means of
serving justice, both socially and politically. As far back as is recorded, the death penalty
has been used by governments when simple imprisonment or other forms of punishment
would not suffice. Over time, the public’s views of capital punishment have changed and
in present day a substantial amount of countries, including all member nations of the
European Union, find it to be unjust and immoral. The archaic philosophy of “an eye for
eye” is slowly diminishing. Cuba, though more delayed in its action is starting to follow
the same path. Though the death penalty has not been formally abolished as of yet, in the
beginning of 2008 Cuban President Raul Castro announced that virtually all of its death
penalty cases would be commuted to sentences of thirty years to life in prison. Cuba’s
last execution occurred in April of 2003, the perpetrators being a group of three Cubans
who commandeered a ferry carrying several dozen passengers in an effort to reach the
United States. The trio threatened to kill their hostages and were detained and put under
trial, the result of which was their death. This event brought outrage even from those who
had been supporters of the Cuban government and those who had approved of capital
punishment under extreme circumstances such as murder and child rape. At the time of
this execution, Cuban president Fidel Castro lamented the necessary action of violating
the moratorium that had been placed in the death penalty in 2001. Cuba is one of thirtysix nations around the world to have instituted a moratorium on the death penalty. Cuba’s
transformation from a retentionist state to an abolitionist state is seemingly approaching;
Raul Castro’s declaration has prompted many within the country to call for the temporary
moratorium to be replaced by a permanent one.
The practice of capital punishment can have several unintended consequences. It
is not unusual for those who are tried and convicted are done so unjustly because of flaws
in the court system, further investigation can prove to be essential in their acquittal.
Imprisonment would allow for this to occur, whereas execution cannot be undone, risking
the death of an innocent person.
The question that frequently arises with the issue of capital punishment is whether
there is such a crime that constitutes court mandated death. Because the civility of
individuals has increased and laws of nations have developed, it is no longer as simple as
“an eye for an eye”, the possible innocence of the accused and the possible consequences
of that innocence must be considered. Additionally, a state’s sovereignty cannot be used
as an excuse for the continuation of the death penalty, though a nation is allowed to make
its own rule within its borders, it is unjust to do so when it is directly detrimental to its
citizens. The theory that killing to frighten potential criminals from committing crimes is
not sufficient justification, what might occur cannot be used as an excuse for the robbery
of a human life.
A more practical way to in which an international ban on capital punishment can
be approached is to take smaller steps, impose restrictions such as age limits and the
enforcement of certain aspects of the judicial system with the ultimate goal of abolishing
it completely, as opposed to outright abolishment. Though advocates for the death
penalty would argue that modern times have caused the death penalty to become quicker
and more efficient and therefore more humane than it has been in the past, the belief is
maintained that it is not possible for the execution of another human being to be humane.
The European Union’s charter of Fundamental Rights says it best by declaring that
“Everyone has the right to life.” Cuba’s policy on capital punishment has changed much
over the past decade and has launched a moratorium; it encourages its fellow nations to
do the same concerning this crime again humanity.