Majority of Malaysians want to keep the death sentence... Here's why

As you may be aware, the Bill to abolish death penalty is expected to be tabled at the next Dewan Rakyat sitting. Although there are calls to abolish the death penalty, many Malaysians still believe that the death penalty should be retained. But, only as the highest form of punishment for crimes like pre-meditated murder and rape-murder.

In an online poll conducted by the New Straits Times, among 22,000 netizens, only 18% support the government’s move to completely abolish the death sentence. Here are some reasons why people think the death penalty should not be abolished. 

1. It brings closure to the victim’s family 

“It is the death sentence that strengthens our spirit to continue living”- Quoted from Rita, daughter of  Datuk Sosilawati 

Back in November last year, family members of three high-profile murder cases, Kevin Morais, Sosilawati Lawiya and Wong Jing Kui asked the government to retain the death penalty. The victims’ families claimed that the execution of the killer is important for them to attain healing and finality so that they can move on with their lives. 

Rita, the daughter of Datuk Sosilawati worried that the murderer would seek revenge from them after he finishes serving his sentence. She said that if the death penalty is replaced with the life sentence, the families of the murder victims would always live in fear. Richard, brother of Datuk Anthony Kevin Morais, also mentioned that “you have to lose a family member to understand how it feels.” 

2. The criminals should face death penalty as punishment for their crimes

“In cases of murder, especially of children, the death penalty should be retained to a certain extent… The abolishment of the death penalty may send the wrong signals that such crimes are not taken seriously enough” – quoted from Ramkarpal Singh 

You may be aware that one purpose of sentencing is to punish the offenders for the crimes they did. Lawyer Ramkarpal Singh argues that while death penalty should be retained as the highest punishment for extreme cases like murder, especially those involving children. He referred to a case where a 9-month old baby girl Zara died after being sexually abused by her babysitter’s husband.

Some people believe that in certain violent crimes, the death penalty is a proportionate punishment with the offence committed. Imposing this punishment may not be the same as revenge. This is because it is not personal and it does not involve any pleasure at the suffering of others. It is only directed at wrongs and it must follow procedural standards. 

3. Crime rate will increase after we abolish the death penalty

“Retain the death penalty so that crime is under control.” – Quoted from Abdul Rahim Noor

A former top police officer, Abdul Rahim Noor says that the death penalty should be retained to avoid a rise in crime rate. Some lawyers, such as Adnan Seman and Christina Teng also argue that the death penalty is needed to deter crimes in our country.

They argue that Malaysia, unlike developed Western counties, is still very far in terms education and social welfare in preventing people from committing crimes. They believe that people in our country are still afraid of the death penalty and will think twice before committing the crimes. In a poll conducted by the Singapore government, 80% of the people felt that the death penalty should be retained, and 82% agreed that it is an important deterrent that keep the country safe from serious crimes. 

However, not everyone believes that the death penalty is an effective deterrent to crimes. You can read more information on our article ‘5 beliefs Malaysians have about the death penalty...that are wrong’. 

4. It is unfair to spend the taxpayers’ money to maintain the life prisoners 

“Why using taxpayers’ money to support the lives of the perpetrators of the crimes...when the currently there are so many debts and important issues that we need the government to address.” – Quoted from lawyer Christina Teng

Many Malaysians may ask the same question as above. Since life imprisonment (imprisonment for at least 30 years) may replace the death penalty, many believe that it will impose an unfair financial burden on the State as we have to pay for the prisoners’ food, clothes, medical expenses, etc. Analysis show that the costs to support 1,200 life prisoners is at least RM 460 million. However, if they are executed, there is no further maintenance costs. 

5. The advantages of retaining the death penalty are greater than its risks 

“The fact that the death penalty is irreversible has also been cited by some as an argument against its use. They claim that, since it is possible for an innocent person to be executed, it is better not to execute anyone. The chances of executing an innocent person, however, are extremely slim..” – Quoted from the article ‘Should the death penalty be abolished?’ by Dato’ Mah Weng Kwai

People against the death penalty often argue that the punishment is irreversible and that we may convict an innocent person. On the other hand, people supporting the punishment believe that it is extremely rare to send an innocent person to the death sentence.

One reason is that in death penalty cases, the judges are taking their responsibilities seriously and it is very hard to find a person guilty. The prosecution must be prove ‘beyond reasonable doubt’ (which means, the judge must almost 100% sure that you committed the crime). Even when you believe that you are wrongly convicted, you still have a chance to appeal to higher courts. If the appeal fails, the final chance you have is to get a royal pardon, where the Rulers exercise their power to prevent you from being executed. 

[READ MORE: How do royal pardon works in Malaysia?] 

Now, what do you think?

Regardless of whether you are opposing or supporting the death penalty, we all value human life and we wish to have a better society. The law has to balance the conflicting interests between the victims and the offender.