The criminal justice system plays a crucial role in maintaining law and order by addressing crime through a range of responses. Traditionally, this system was largely retributive—focused on punishing the offender. However, in modern legal discourse, justice is no longer viewed solely as a tool of vengeance but also as a means to rehabilitate and reintegrate offenders into society. This evolving perspective offers strong justification for abolishing the death penalty, as it negates the possibility of reform and contradicts the rehabilitative goals of modern criminal justice.The Dual Purpose of Criminal Justice
The Zambian criminal justice system, like many others, is designed to serve two core functions: punishment and rehabilitation. Punishment serves to deter crime, deliver justice to victims, and uphold the rule of law. Rehabilitation, on the other hand, seeks to transform offenders into law-abiding citizens through correctional programs, education, and psychological support.Recognizing both functions is vital. Punishment alone fails to address the root causes of crime or prevent re-offending. Rehabilitation offers a constructive approach, aiming to reduce recidivism and promote societal harmony.
The Incompatibility of the Death Penalty with Rehabilitation
The death penalty is inherently incompatible with rehabilitation. It represents the final and irreversible deprivation of life, foreclosing any opportunity for the offender to reform or contribute positively to society. In this sense, it contradicts the very purpose of modern justice systems that increasingly value human dignity and second chances.
Furthermore, the administration of capital punishment has proven to be prone to error, discrimination, and arbitrariness. Once carried out, it cannot be undone—even in cases where new evidence emerges after conviction.A Stronger Justification for Abolition
In December 2022, Zambia took a historic step by abolishing the death penalty through the Penal Code (Amendment) Act No. 25 of 2022. This legislative reform reflects a broader global shift towards humane and rehabilitative justice systems. It recognizes that the ultimate aim of justice should not be to extinguish life but to transform it.
Abolishing the death penalty aligns with Zambia’s constitutional and international human rights obligations, especially the right to life and protection against inhuman or degrading punishment. It also promotes a justice system that is more equitable, transparent, and consistent with democratic values.
Conclusion
The functions of the criminal justice system must evolve in step with modern principles of justice. While punishment serves an important purpose, it should not overshadow the need to rehabilitate offenders. The death penalty is a relic of a more punitive past and has no place in a system that seeks to foster redemption, correction, and reintegration. Zambia’s move to abolish capital punishment is not just a legal reform—it is a reaffirmation of our shared humanity and the belief that justice can heal, not just punish.