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We examine sources of variation in possession and use of the death penalty using data drawn from 193 nations in order to test theories of punishment. We find the death penalty to be rooted in a country’s legal and political systems, and to be influenced by its religious traditions. A country’s level of economic development, its educational attainment, and its religious composition shape its political institutions and practices, indirectly affecting its use of the death penalty. The article concludes by discussing likely future trends.

• Document type Article
• Themes list Networks,

This empirical study examines for the first time how the criminal system in the United States handled the cases of people who were subsequently found innocent through postconviction DNA testing. The data collected tell the story of this unique group of exonerees, starting with their criminal trials, moving through levels of direct appeals and habeas corpus review, and ending with their eventual exonerations. Beginning with the trials of these exonerees, this study examines the leading types of evidence supporting their wrongful convictions, which were erroneous eyewitness identifications, forensic evidence, informant testimony, and false confessions. Yet our system of criminal appeals and postconviction review poorly addressed factual deficiencies in these trials. Few exonerees brought claims regarding those facts or claims alleging their innocence. For those who did, hardly any claims were granted by courts. Far from recognizing innocence, courts often denied relief by finding errors to be harmless.

• Document type Article
• Countries list United States
• Themes list Innocence,

This article provides an overview of the legal regime governing the death penalty and the on-going debate on the death penalty in Korea. It begins by briefly reviewing international treaties that call for the abolition of the death penalty, contrasting them with the retentionist trend in most Asian countries. It then reviews the major decisions of the Korean Supreme Court and the Korean Constitutional Court. It also discusses recent moves in the National Assembly and the National Human Rights Commission to abolish the death penalty. It suggests that the Korean death penalty debate has potentially significant implications for its retentionist Asian neighbours grappling with similar issues.

• Document type Article
• Countries list Democratic People's Republic of Korea

Since World War, a growing number of countries around the world have joinedthe movement to abolish capital punishment. Asia remains the exception and ithas been argued by some Asian leaders that the abolition of capital punishmentis in conflict with “Asian values” and that the abolitionist argument constitutesan illegitimate interference in what is essentially a domestic concern. Thisarticle reviews the death penalty in the context of international human rightsand examines the Asian values argument. Reviewing the teachings of Confuciusand other Asian philosophers, it suggests that the ongoing use of the deathpenalty in Asia is not rooted in intrinsic cultural traditions, but in fact is tiedto internal political decisions. The Asian values argument has been largelyused as a means to maintain political legitimacy, and not anything inherent tocultural factors.

• Document type Article
• Themes list Networks,

This article investigates the way in which the Council of Europe enforced the norm against capital punishment in Europe. The Council of Europe, through both moral persuasion and centripetal pressure, compelled its member states to adopt the regionally promoted human rights standard. Ukraine, where the very last execution in Europe took place, accepted the norm after a number of years of resistance and in the face of public opposition to abolition. It was possible because of the adamant role of the Council of Europe in attempting to build a death penalty-free zone in Europe and Ukraine’s strategic will to be integrated within the European regional community.

• Document type Article
• Countries list Ukraine
• Themes list Trend Towards Abolition,

This article provides an in-depth analysis of death row phenomenon.

• Document type Article
• Themes list Death Row Phenomenon,

This report is divided into three parts. In Part A, the Commission identifies flaws in California’s death penalty system that render it dysfunctional, and remedies we unanimously recommend to repair it. Repairing the system would enable California to achieve the national average of a twelve year delay between pronouncement of sentence and the completion of all judicial review of the sentence. In Part B, the Commission offers the Legislature, the Governor, and the voters of California information regarding alternatives available to California’s present death penalty law. The Commission makes no recommendation regarding these alternatives. In Part C, the Commission presents recommendations relating to miscellaneous aspects of the administration of California’s death penalty law. We were not able to reach unanimous agreement upon all of these recommendations, and dissents are noted where applicable. Commissioner Jerry Brown, Attorney General of California, agrees in principle with some of the Commission’s recommendations as set forth in his separate statement. Commissioner William Bratton, Chief of Police for the City of Los Angeles, abstains from the specific recommendations in this Report, and will issue a separate explanatory statement.

• Document type Government body report
• Themes list Networks,

The present report contains information covering the period from January 2006 to May 2008. The report indicates that the trend towards abolition of the death penalty continues; this is illustrated, inter alia, by the increase in the number of countries that are completely abolitionist and by the increase in ratifications of international instruments that provide for the abolition of this form of punishment.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages مسألة عقوبة الإعدام: تقرير مقدم من الأمين العامLa cuestión de la pena capital: Informe del Secretario GeneralВопрос о смертной казни: Доклад Генерального секретаря死刑问题: 秘书长的报告Question de la peine de mort : Rapport du Secrétaire général

The present report contains information on the question of the death penalty covering the period from June 2009 to July 2010, and draws attention to a number of phenomena, including the continuing trend towards abolition and the ongoing difficulties experienced in gaining access to reliable information on executions.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages Questions de la peine de mort: Rapport du Secrétaire généralمسألة عقوبة الإعدام: تقرير مقدم من الأمين العامLa cuestión de la pena capital: Informe del Secretario GeneralВопрос о смертной казни: Доклад Генерального секретаря死刑问题: 秘书长的报告

This study addresses the subject of the “death Penalty in Egypt”, which is an applied theoretical study done in light of the principles of the Islamic law and provisions concerning international human rights law. Egyptian Penal Code No. 58/1937 is the modern penal code that still retains the death penalty in spite of its cruelty and strictness and impossibility of reforming its results or amending them. The laws governing the death penalty in Egypt are considered one of the most deterrent penalties at all levels, general and private, that ensures combating crimes and preserving the interests of society, as well as ensuring stability in spite of the presence of an increasing international inclination led by the United Nations and some international NGOs headed by Amnesty International to abolish the Death Penalty given the difficulty to reconcile between this penalty and obligation to respecting human rights.There is no doubt that the intention to study the legislative system of the death penalty in Egypt, with the purpose of the determination of legality of this penalty and the demonstration of the feasibility of its application for society, is difficult without identifying all the roles and functions caused by the death penalty over successive legal ages in Egypt. When the criminal legislator passes new laws that address crimes in Egypt, in his appreciation, to achieve deterrence and for the purpose of combating crime, the legislator does nothing new in society. The work of the legislature work is a product of an interaction between the proposed legislative articles to solve the realistic problems from which society suffers in a historical moment on the one hand, and the cultural, social, religious, legal and political heritage coming to our society from abroad, may play a key role in the determination of the content of the proposed legislative text in the context of the mutual influence between cultures. In this context, this study begins by an introductory chapter entitled “The Historical Origins of the Death Penalty in Egypt” in which we tried to pin the Egyptian penal legislation to its origin by studying the position of death penalty and its evolution in society. By identifying the historical origin of the Death Penalty in Egypt, we then present an objective view on the future of death penalty in Egypt between retention and abolition. —- Please find document at bottom of web page.

• Document type NGO report
• Themes list Religion ,
• Available languages عقوبة الإعدام في مصر دراسة نظرية وتطبيقية في ضوء مبادئ الشريعة الإسلامية وأحكام القانون الدولي لحقوق الإنسان