INDEX

This study is a quantitative analysis designed to compare two groups of factually innocent capital defendants: Those who were exonerated and those who were executed. There are a total of 97 cases in the sample, including 81 exonerations and 16 executions. The primary objective of the authors is to identify factors that may predict case outcomes among capital defendants with strong claims of factual innocence. Through the use of a logistic regression model, the following variables were significant predictors of case outcome (exoneration vs. execution): allegations of perjury, multiple types of evidence, prior felony record, type of attorney at trial, and race of the defendant. These results point toward significant problems with the administration of capital punishment deriving primarily from the quality of the case record created at trial.

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

In this paper we use reported exonerations as a window on false convictions generally. We can’t come close to estimating the number of false convictions that occur in the United States, but the accumulating mass of exonerations gives us a glimpse of what we’re missing. We located 340 individual exonerations from 1989 through 2003, not counting at least 135 innocent defendants in at least two mass exonerations, and not counting more than 70 defendants convicted in a series of childcare sex abuse prosecutions, most of whom were probably innocent. Almost all the individual exonerations that we know about are clustered in the two most serious common felonies: rape and murder. They are surrounded by widening circles of categories of cases that include false convictions that are rarely detected, if ever: rape convictions that have not been reexamined with DNA evidence; robberies, for which DNA identification is useless; murder cases that are ignored because the defendants were not sentenced to death; assault and drug convictions that are forgotten entirely; misdemeanor convictions that aren’t even part of the picture. Judging from our data, any plausible guess at the total number of miscarriages of justice in America in the last fifteen years must run to the thousands, perhaps tens of thousands, in felony cases alone. We can, however, see some clear patterns in those false convictions that have come to light.

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

The question addressed in this article is whether there is need for a protocol on the abolition of the death penalty in Africa. The African Charter on Human and Peoples’ Rights (African Charter)2 makes no mention of the death penalty or the need to abolish it.3 Further, only six African states have ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), aiming at the abolition of the death penalty. Since the protocol would, most likely, take into consideration the unique problems of the continent, it stands a better chance of effectively supplementing the provisions of the African Charter than the Second Optional Protocol.

• Document type Article
• Themes list Public debate,

This article aims to show that there is a need for constructive debate on the death penalty in Africa. Considering that the African Commission is encouraging such a debate, the article begins with an examination of its stance on the subject. This is followed by a brief evaluation of the use of the death penalty in Africa, highlighting some areas of concern. The death penalty is then considered from a human rights perspective, focusing mainly on the possibility of relying on constitutional provisions on the right to life and the prohibition of cruel, inhuman and degrading treatment to challenge the death penalty.

• Document type Article
• Themes list Right to life, Cruel, Inhuman and Degrading Treatment and Punishment, Mandatory Death Penalty,

Over much of the last half-century, the legal and political history of the death penalty in the United States has closely paralleled the debate within social science about its efficacy as a deterrent. The injection of Ehrlich’s conclusions into the legal and public policy arenas, coupled with the academic debate over Ehrlich’s methods, led the National Academy of Sciences to issue a 1978 report which argued that the existing evidence in support of a deterrent effect of capital punishment was unpersuasive. Over the next two decades, as a series of academic papers continued to debate the deterrence question, the number of executions gradually increased, albeit to levels much lower than those seen in the first half of the twentieth century

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

A number of papers have recently appeared claiming to show that in the United States executions deter serious crime. There are many statistical problems with the data analyses reported. This paper addresses the problem of “influence,” which occurs when a very small and atypical fraction of the data dominate the statistical results.

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

As Soss et al. (2003) point out, whites are the most influential racial groupand support the death penalty much more than blacks do. In the 2002GSS, 69.8% of whites favored the death penalty, compared with only42.1% of blacks. If white support for the death penalty was as low as blacksupport, it would be much more difficult for the Supreme Court to believethat “evolving standards of decency” had not evolved against capitalpunishment.

• Document type Article
• Countries list United States
• Themes list Public opinion, Public debate,

Despite the sensitivity of the subject, the death penalty is currently a topic of public discussion among Chinese legal experts who are now openly wondering about its possible abolition. This debate is of interest on three counts. First, it goes hand-in-hand with a retrospective reading of the Chinese penal tradition, highlighting the succession of attempts at modernising criminal law for over a century. It also shows the ever present weight of the Maoist legacy and the contradictions of the present policy, caught between a concern for legality and continuing recourse to exceptional measures. Lastly, legal professionals and theorists alike are engaging in a review—based on specific cases—of the particular features of contemporary Chinese society and culture.

• Document type Article
• Countries list China
• Themes list Public debate,

Guided by existing macrolevel theories on punishment and society, the present study explores the independent and conjunctive effects of measures of sociopolitical conditions on the legal retention of capital punishment in 185 nations in the 21st century. Significant correlations are found between a nation’s retention of legal executions for ordinary crimes and its level of economic development, primary religious orientation, citizens’ voice in governance, political stability, and recent history of extrajudicial executions. Subsequent multivariate analyses through qualitative comparative methods reveal substantial context-specific effects and wide variability in legal retention even within countries with similar sociopolitical structures. These results are then discussed in terms of their theoretical implications for future cross-national research on punishment and society.

• Document type Article
• Themes list Networks,

This is an essay about capital punishment and American culture. Its point of departure is the recent publication of several books and articles suggesting that the USA’s retention of the death penalty is an expansion of an underlying cultural tradition that creats an elective affinity between American society and the execution of criminal offenders. The implicit – and sometimes explicit claim – of this new literature is that today’s capital punishment system is an insurance of ‘American exceptionalism’, an expression of a deep and abiding condition that has shaped the American nation from its formative years to the present.

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