LR-17 Death Penalty is no more a deterrent punishment in veiw of neuroscientific discoveries of "Reptile Brain" and "Amygdala"

Death Penalty is no more a deterrent punishment in veiw of neuroscientific discoveries of "Reptile Brain" and "Amygdala" in our brain.

There can be many reasons to explain why Death Penalty has ceased to have deterrent effects and why they do not prevent future crimes.

Here, I mention two neuroscibtific discoveries.

There are many parts in our brain over which we have no control. Even our thoughts and decisions depend on chemical balances in body and brain.

1) Reptile Brain: The muscle which extends from neck and on which our head rests, is identified as "Reptile Brain". It has no thinking mechanism. It controls many parts of our body. It can issue on its own commands to fight, to breath, to sex etc.

2) Amygdala is an another "small brain" below cortex of main "Thinking Brain". When we are angry or suddenly frightened, the messages reach direct to Amygdala, by passing "Thinking Brain". Then body acts without consulting brain.

3) Death Penalty has deterrent effect only on "Thinking Brain". When body is acting through Reptile Brain or Amygdala, it is not controlled by "Thinking Brain".

These may be some of the reasons to argue why Death Penalty has lost its deterrent value.

In fact, the whole Sentencology needs to be reviewed by criminologists.

Haresh Raichura 29/9/2016

SP- 4 My favourite and Practical Lines from Bhagwad GITA :

I have made many  experiments with following lines :

" I am immortal. All Glorious and Strong Persons are Parts of Me. Whoever shall express his wishes before any Glorious and Strong Persons, his wishes shall be fulfilled by Me, in accordance with his merits and in accordance with nature and strength of those  Glorious and Strong Persons.

A Glorious and Strong Petson is Person in whose  presence  evil Persons refrain from doing evil on their own"

These lines are based on Vibhuti Yoga of Gita.

Whenever I have a problem which I cannot over come, I write about my problems to few unknown Glorious and Strong Persons with minimum details of my problem. 

If my wishes have merits, and if it is possible for those Glorious and Strong Persons to help me, I usually find my problems solved on their own. 

I see nothing happening when either my wishes have no merit or when my wishes are beyond strength of those Glorious and Strong Persons  - Haresh Raichura 29/9/2016

LR-16 A Magic Door in Criminal Law through which an Innocent person can walk out free.

This is a recent true story. Hence names not given.

An Indian joined service in a foreign company as executive. The company was raided for violation of laws in that country.

This Indian was arrested along with 4 Directors of Company.

The Indian had not done anything. But he was made liable under  provisions of vicarious criminal law, liability for acts of others.

The family of Indian approached me for advice.

English was not the Court  language in that country. They somehow showed me a copy of FIR translated in English from local language  and  some emails.

It appeared that case was going in such a way that whole liability can be fixed on Indian and other local directors of the Company can walk out free.

It was not possible for family to hire their own lawyer in that countey. Nor it was possible for them to get me translation of chargesheet and other Court papers. They were helpless.

I first explained to them fully about criminal law of vicarious liability. Then I said, in all over world, at the end of trial, the  Judge asks question to accused if he has anything to say.

I advised them that at this time,  the Indian should handover copies of his two previous emails to the judge and should tell the whole truth to judge.

Indian followed my advice.At end of trial, he gave two emails to the judge and told him truth.

The Judge became curious. He asked several questions to Indian to test his version.

When the judgement came, the four directors were convicted. But the Indian was set free. He returned to India. He will never again go to any country for service.

This magic provision of law in India is called Sec 313 of Cr.PC.

Earlier Indian law was such that accused can say anything. Nothing said by him in 313 was to be used against him because these statements are not on Oath. This provision was made to encourage every innocent accused to speak truth freely.

Now this law is different. Now if accused makes some erroneous statement, he can be convicted on basis of his  313 statement. This made this section useless. Now accused's Lawyers dictate guarded replies to 313 Statement on behalf accused.

A provision for benifit of innocent has lost it's spirit and  meaningful use in India. This is, of course,  as per my understanding. - Haresh Raichura 28/9/16