THE DEATH SENTENCE IN MALAYSIA: A SOCIO-LEGAL REVIEW

Abstract

Malaysia continues to retain the death sentence despite the fact that there is a global inclination towards abolishing the death sentence. In this paper, the authors firstly, assessed whether authorities in Malaysia have reviewed the death sentence in Malaysia. Secondly, the authors examined the deterrence effect of the death sentence and then explored the possibility of miscarriage of justice caused by the death sentence. The authors opted for a qualitative legal research method and a doctrinal research method. The authors collected data from relevant legislation, case law, textbooks, journal articles, statistical reports, press reports, and reliable websites. The authors determined the deterrence effect of the death sentence by referring to the statistical reports and press reports retrieved from relevant institutions in Malaysia and the United States of America. This paper serves as a good source of reference to legislators, lawyers, academics, students, and the public at large and it creates an awareness of the current state of affairs in Malaysia regarding the imposition of the death sentence.