All about Fair Trial

LGBTQ+ people, especially people of color and low income, experience high levels of policing and criminalization, leading to an overrepresentation of these individuals in the incarcerated population. A 2017 study from researchers at the University of California, Los Angeles School of Law, suggests that LGBTQ+ people are three times as likely to be incarcerated than the general population. Once incarcerated, LGBTQ+ people are often subjected to violence from correctional staff and fellow prisoners, as well denied medical care and access to mental health services.

• Document type NGO report
• Countries list United States
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Fair Trial

Pursuant to Human Rights Council decision 18/117, the present report is submitted to update previous reports on the question of the death penalty. In the report, the SecretaryGeneral reaffirms the general trend towards universal abolition of the death penalty and highlights initiatives limiting its use and implementing safeguards guaranteeing the protection of the rights of those facing this penalty. Between July 2022 and June 2024, a minority of States continued to implement the death penalty, with some increasing their use considerably. Pursuant to Council resolution 22/11, the report includes information on the human rights of children of parents sentenced to the death penalty or executed.

• Document type United Nations report
• Themes list Clemency / Death Row Conditions / Fair Trial / Trend Towards Abolition
• Available languages مادعلإا ةبوقع ةلأسم - ماعلا نيملأا ريرقتLa cuestión de la pena de muerte Informe del Secretario GeneralQuestion de la peine de mort - Rapport du Secrétaire généralВопрос о смертной казни - Доклад Генерального секретаря死刑问题 秘书长的报告

• Document type NGO report
• Themes list Death Row Conditions / Fair Trial
• Available languages RAPPORT JOURNÉE MONDIALE CONTRE LA PEINE DE MORT 2023

In January 2024, Ohio lawmakers announced plans to expand the use of the death penalty to permit executions with nitrogen gas, as Alabama had just done a week earlier. But at the same time the Attorney General and the Ohio Prosecuting Attorneys Association are championing this legislation, a bipartisan group of state legislators has introduced a bill to abolish the death penalty based on “significant concerns on who is sentenced to death and how that sentence is carried out.” The competing narratives make it more important than ever for Ohioans to have a meaningful, accurate understanding of how capital punishment is being used, including whether the state has progressed beyond the mistakes of its past.

• Document type NGO report
• Countries list United States
• Themes list Fair Trial / Innocence / Trend Towards Abolition

This publication seeks to make visible the gender and intersectional discrimination faced by women in the judicial process leading to the death penalty. Through the various articlesin this publication, the authors bring to light the reality of women facing the death penalty through a different lens.

The first author, Shekinah Bright Kiting’a, in making a compelling case for abolition of the death penalty, explores how the death penalty uniquely affects women in the context of motherhood. Further, she highlights the rights and well-being of the children affected by their mothers’ death sentences, revealing flaws in our legal and ethical systems. With the overall aim of advocating for its abolition due to its significant impact on both parenthood and children’s rights, her article seeks to push for reforms that honour motherhood and prioritize children’s well-being in these difficult circumstances.

Kenaya Komba dissects gender disparity in the judicial system by exploring the intersection of domestic violence and the death penalty. In making a case for a restorative approach to justice, her article analyses the impact of capital punishment on victims of domestic violence and the systemic injustice and biases they continue to grapple with. Her elaborate analysis of the Constitution of Kenya, 2010 and the Protection Against Domestic Violence Act, 2016, highlights the urgent need for reform in the legal system.

While Analyzing the role the media plays in shaping perceptions of women on death row, Patricia Chepkirui evaluates the implications of positive and negative media portrayals of such women by highlighting the ethical responsibilities of media in the coverage of women on death row cases. The article ultimately underscores the significance of responsiblemedia coverage in ensuring that media exposure of cases of women on death row is fair,balanced, and respectful of their rights and dignity.

Alex Tamei delves into the intricacies of abuse, gender-based violence, and trauma as mitigating factors in death penalty sentencing for women. His article comparatively analyses two Kenyan cases of murder in retaliation to intimate partner violence, seeking to shed light on the plight of victims of gender-based violence. The article effortlessly brings out the nexus between the death penalty and intimate partner violence and makessolid recommendations for change.

The fifth author, Patience Chepchirchir, delves into the nexus between psychological abuse and provocation. Through her article, she brings out the scope of psychological abuse while focusing on the linkage between emotional abuse and provocation and how the same can be considered as mitigating factors. Through an elaborate analysis of case law, she makes a case for psychological abuse of women as a mitigating circumstance during sentencing.

Stella Cherono’s article reflects on the intersectional discrimination faced by women in the criminal trial process leading to death row. The article highlights the complex and overlapping forms of discrimination women experience during the pretrial, trial and sentencing stages. Through her comprehensive analysis of gendered pathways to offending and imprisonment, she challenges how society perceives discrimination.

Loraine Koskei Interrogates the emerging jurisprudence on Intimate Partner Violence.Her article lays out the gendered factor in the commissioning and sentencing of women convicted of murder and offers possible recommendations.

• Document type NGO report
• Countries list Kenya
• Themes list Death Row Conditions / Fair Trial / Gender / Women

Published on April 3, 2023.

The death penalty has gained its legitimacy from the belief that capital prosecutions are more procedurally rigorous than noncapi-tal prosecutions. This Article reveals how a project of heightened capital standards, set in motion when the Supreme Court ended and then revived the death penalty, was set up to fail.

In establishing what a constitutional death penalty would look like, the Court in 1976 called for heightened standards of reliability in capital cases. In the late 1970s and early 80s, the Supreme Court laid out specific constitutional procedures that must be applied in capital cases, and left the door open for the Eighth Amendment to do even more. In the decades that followed, state and federal courts have fueled a perception of heightened procedural rigor in capital cases by referring repeatedly to the heightened standards applica-ble in capital cases.

• Document type Article
• Countries list United States
• Themes list Fair Trial

International law and laws of various countries prohibit the imposition of the death penalty on persons
with mental illness or developmental and intellectual disabilities due to the special barriers faced by
them in defending themselves; their limited moral culpability; and their diminished ability to
understand the nature and reason for their execution. However, due to lack of accommodations in
criminal proceedings and legal safeguards, persons with mental illness, developmental and intellectual
disabilities are at a greater risk of being sentenced to death and having their fair trial rights denied.

Authors:
Maitreyi Misra, Director (Mental Health and Criminal Justice), Project 39A, National Law University
Delhi.
Namrata Sinha, Research Associate (Mental Health and Criminal Justice), Project 39A, National Law
University Delhi.
Neeraj Gill, Professor, Health Research Institute, University of Canberra and Griffith University,
School of Medicine, Griffith University, Gold Coast, Australia.
Soumitra Pathare, Consultant Psychiatrist, Director, Centre for Mental Health Law and Policy, ILS
Law College, Pune.
Afzal Javed, President, World Psychiatric Association.

• Document type Arguments against the death penalty
• Themes list Fair Trial / Intellectual Disability
• Available languages 世界精神醫學會針對精神健康與死刑之立場聲明

This report explores the current issues with capital punishment in Tennessee through a historical lens, tracing the origins of the use of the death penalty from lynchings and other forms of racial violence directed at Black Tennesseans. The stories of individuals and communities that have interacted with different facets of Tennessee’s justice system throughout history suggest that, in many ways, even though centuries have passed, the experiences of discrimination toward Tennessee’s communities of color continue. A meaningful understanding of the state’s history and its legacy of violence and racism is essential to avoid repeating the mistakes of the past.

• Document type NGO report
• Countries list United States
• Themes list Fair Trial

In The Fear of Too Much Justice, legendary death penalty lawyer Stephen B. Bright and legal scholar James Kwak offer a heart-wrenching overview of how the criminal legal system fails to live up to the values of equality and justice. The book ranges from poor people squeezed for cash by private probation companies because of trivial violations to people executed in violation of the Constitution despite overwhelming evidence of intellectual disability or mental illness. They also show examples from around the country of places that are making progress toward justice.

With a foreword by Bryan Stevenson, who worked for Bright at the Southern Center for Human Rights and credits him for “[breaking] down the issues with the death penalty simply but persuasively,” The Fear of Too Much Justice offers a timely, trenchant, firsthand critique of our criminal courts and points the way toward a more just future.

Available: June 2023

• Document type Book
• Countries list United States
• Themes list Fair Trial

Decades of research on the administration of the death penalty have recognized the persistent arbitrariness in its implementation and the racial inequality in the selection of defendants and cases for capital punishment. This Article provides new insights into the combined effects of these two constitutional challenges. We show how these features of post-Furman capital punishment operate at each stage of adjudication, from charging death-eligible cases to plea negotiations to the selection of eligible cases for execution and ultimately to the execution itself, and how their effects combine to sustain the constitutional violations first identified 50 years ago in Furman. Analyzing a dataset of 2,328 first- degree murder convictions in Georgia from 1995–2004 that produced 1,317 death eligible cases, we show that two features of these cases combine to produce a small group of persons facing execution: victim race and gender, and a set of case-specific features that are often correlated with race. We also show that these features explain which cases progress from the initial stages of charging to a death sentence, and which are removed from death eligibility at each stage through plea negotiations. Consistent with decades of death penalty research, we also show the special focus of prosecution on cases where Black defendants murder white victims. The evidence in the Georgia records suggests a regime marred less by overbreadth in its statute than capriciousness and randomness in the decision to seek death and to seek it in a racially disparate manner. These two dimensions of capital case adjudication combine to sustain the twin failures that produce the fatal lottery that is the death penalty.

• Document type Academic report
• Countries list United States
• Themes list Fair Trial

One of the most compelling forces behind the evolution of international attitudes towards capital punishment in recent decades has been the increasing recognition of the potential for error in its use – that those states that choose to retain the practice may be taking the lives of innocent individuals. The Death Penalty Project produced this resource on wrongful convictions and the death penalty.

• Document type NGO report
• Themes list Fair Trial

“[T]he [European Court of Human Rights] in Öcalan did not exclude that Article 2 [of the European Convention on Human Rights, protecting the right to life,] had already been amended so as to remove the exception permitting the death penalty. Moreover, … the position has evolved since then. All but two of the Member States have now signed Protocol No. 13 [to the Convention, concerning the abolishment of the death penalty in all circumstances,] and all but three of the States which have signed have ratified it. These figures, together with consistent State practice in observing the moratorium on capital punishment, are strongly indicative that Article 2 has been amended so as to prohibit the death penalty in all circumstances. Against this background, the Court does not consider that the wording of the second sentence of Article 2 § 1 continues to act as a bar to its interpreting the words ‘inhuman or degrading treatment or punishment’ in Article 3 [of the Convention, prohibiting torture and inhuman or degrading treatment,] as including the death penalty …” (Al-Saadoon and Mufdhi v. the United Kingdom judgment of 2 March 2010, § 120).

• Document type International law - Regional body / Regional body report
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Death Row Conditions / Fair Trial

Foreign nationals, and within this group migrant workers, are a population that disproportionately faces the death penalty around the world. The data and statistics gathered by Reprieve and Migrant CARE for this report show that migrant workers as a sub-set of the foreign national population are at grave risk of human rights violations related to the death penalty, including arbitrary deprivation of the right to life in the context of unlawful death sentences and executions.

This report focuses on: states that receive migrant workers (‘receiving states’), in particular the states that make up the Association of South East Asian Nations or ASEAN (‘South East Asian states’) and the Gulf Cooperation Council (‘Gulf states’), and on states from which migrant workers travel to work (‘sending states’).

• Document type NGO report
• Countries list Indonesia / Malaysia / Nigeria / Pakistan / Saudi Arabia
• Themes list Fair Trial / Legal Representation / Women

Reprieve wrote this report about the use of the death penalty in Egypt.

• Document type NGO report
• Countries list Egypt
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Death Row Conditions / Fair Trial

އް ތަ ޑު ނގަ ން މި ގެ ތު ޢަ ރީ ޝަ ރި ވެ ފު ސާ ން އި ގެ ޭޖއް ރާ ހި ވެ ދި
2020ސް ވަ ދު ރާ ކު ގަ ހަ ފާ އި ގަ ރު ވަ ން ފެ ގެ ޔޭ ނި ދު ށް ޅަ ކޮ ދެ ބާ ދަ އަ ގެ ރު މ

• Document type Campaigning
• Countries list Maldives
• Themes list Fair Trial / Legal Representation

For the 18th World Day Against the Death Penalty this year is dedicated to the right to effective legal representation for individuals who face death sentences around the world. The theme of access to counsel reinforces the importance of fair trial standards in every legal system and judicial context.

• Document type Campaigning
• Countries list Maldives
• Themes list Fair Trial / Legal Representation

James Aren Duckett è detenuto nell’FSP (Florida State Prison) dal 30 giugno 1988, a seguito della condanna per lo stupro e l’uccisione di una bambina di 11 anni. In questi 33 anni, Jim, così lo chiamano gli amici e i suoi cari, lotta con i suoi legali per affermare la propria innocenza e per evidenziare le incongruenze e i malfunzionamenti del sistema giudiziario (e carcerario) degli Stati Uniti d’America. Oltre alla sua storia, la corrispondenza con l’autrice, iniziata nel 2012 e tuttora attiva, svela pensieri, paure e riflessioni di Jim, eternamente sospeso tra l’attesa di un responso e la vita in un carcere di massima sicurezza. Una preziosa testimonianza, la sua, che impone il rifiuto dell’idea che la Giustizia passi attraverso la pena di morte.

• Document type Book
• Themes list Fair Trial / Innocence

• Document type Array
• Countries list Iran (Islamic Republic of)
• Themes list Drug Offenses / Fair Trial / Juveniles / Women

Melissa Lucio was the first Hispanic woman sentenced to death in Texas. For ten years she has been awaiting her fate, and she now faces her last appeal.

• Document type Multimedia content
• Countries list United States
• Themes list Fair Trial