An abiding commitment to the death penalty? Centrality of the rule of law in the administration of capital punishment in Singapore

• Main Author: TAN, Eugene K. B.
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2024
• Subjects: Asian Studies; Criminal Procedure
• Online Access: https://ink.library.smu.edu.sg/sljlexicon/40; https://ink.library.smu.edu.sg/context/sljlexicon/article/1034/viewcontent/An_Abiding_Commitment.pdf
• Institution: Singapore Management University

Capital punishment remains in use in Singapore. The Singapore government’s position is that the death penalty works in deterring the most serious crimes. Public trust and confidence remains healthy that the death penalty regime in Singapore has the requisite deterrent effect on criminals and has sufficient safeguards to prevent any miscarriage of justice. In 2012, the Singapore Parliament made significant amendments to the Penal Code and the Misuse of Drugs Act, marking a shift from the longstanding mandatory to a discretionary death penalty system for some of the most serious crimes. It demonstrates the authorities’ belief that the mandatory death penalty is not needed for all types of serious crimes. This shift away from the mandatory death penalty is to be welcomed because it demonstrates that there is no abiding commitment to the death penalty. The attraction and force of the mandatory death penalty was its unequivocal demonstration of zero tolerance and resolve in maximum deterrence. This article examines the applicable laws, policies, and jurisprudence on the death penalty regime in Singapore. Singapore’s administration of capital punishment underscores that the adherence to the letter and spirit of the law that applies to persons facing capital charges must be a central tenet in the administration of criminal justice. The constant challenge is to calibrate the appropriate balance of rights and responsibilities between those who commit serious crimes, the victims and their families, and the rest of society.