期刊名称：International Journal of Academic Research in Business and Social Sciences
电子版ISSN：2222-6990
出版年度：2020
卷号：10
期号：3
页码：533-547
DOI：10.6007/IJARBSS/v10-i3/7069
语种：English
出版社：Human Resource Management Academic Research Society
摘要：Death penalty is the most extreme punishment for a crime and has been berated as heartless and barbaric. Nations implementing death penalty are scorned upon and pressured to replace death penalty with more humane punishment. Although drug trafficking in Malaysia is punishable by death, there is no guarantee that all accused persons charged for drug trafficking will be hanged to death. Judges in Malaysia are extremely cautious in meting out death penalty and would only do so in the absence of reasonable doubt. This paper examines drug trafficking cases reported over two decades to ascertain whether Malaysia has liberally executed death penalty on drug traffickers. Empirical analysis supported by doctrinal research was carried out on drug trafficking cases reported in three leading law journals in Malaysia from 1991 to 2012. Analysis of the cases on drug trafficking in Malaysia revealed that a significant number of cases were concluded with the acquittal of the accused persons. While enforcing death penalty is not arbitrarily done, acquittals in drug trafficking cases are indicative of need for improvements.
