banking service chronicle Published this article page no 56 It is difficult to distinguish cases where death penalty has been imposed from those where the alternative of life imprisonment has been applied. There exists no principled method to remove such arbitrariness from capital sentencing. 84 o Supreme Court has acknowledged that extremely uneven application of Bachan Singh case guidelines (restricting death sentences to the rarest of rare cases) has given rise to a state of uncertainty in capital sentencing law which clearly falls foul of constitutional due process and equality principle. Adverse Criminal Justice System Lack of resources outdated modes of investigation overstretched police force ineffective prosecution and poor legal aid are some of the problems besetting the system. Death penalty operates within this context and therefore suffers from the same structural and systemic impediments and thus remains fallible and vulnerable to misapplication. o The vagaries of the system also operate disproportionately against the socially and economically marginalized who may lack the resources to effectively advocate their rights within an adversarial criminal justice system. The exercise of mercy powers under Article 72 and 161 have failed in acting as the final safeguard against miscarriage of justice in the imposition of the death sentence banking service chronicle buy.
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