INDEX



Document(s)

The death penalty worldwide: Developments in 2000

By Amnesty International, on 1 January 2001


2001

NGO report

arfres
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This paper covers events around the exercise of the death penalty during the year 2000, including such subjects as significant national and international court cases and decisions; important studies; the use of the death penalty against the mentally ill and those with mental retardation; its use against the `innocent’ and against women; medical and religious perspectives and public opinion polls and surveys.

Document(s)

Punishment at all Costs: On Religion, Convicting the Innocent, and Supporting the Death Penalty

By Robert L. Young / William & Mary Bill of rights journal 9(1), 237-46., on 1 January 2000


2000

Article

United States


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This Paper explores the impact of the belief structure among white fundamentalist denominations on the support for the death penalty. Professor Robert L. Young observes that the tenets of fundamentalism, as well as the great extent thatfundamentalists conform to the positions oftheir clergy, support this link between fundamentalism anda punitive orientation toward wrongdoers. Professor Young explains that members in white fundamentalist churches, to a greater extent than others, are inclined toward a negative view of human nature, which in turn leads to the belief that letting the guilty go free is a more serious mistake than convicting the innocent. This relative tolerance for convicting the innocent has a direct impact on support for the death penalty.

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

Document(s)

Emerging Issues in Juvenile Death Penalty Law

By Victor L. Streib / Ohio Northern University Law Review, on 1 January 2000


Article

United States


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As our society’s enduring marriage to the death penalty prepares to enter yet another century, it is a marriage that places the children in danger. Why is it that we continue to impose the death penalty for crimes committed by juvenile offenders? As questionable as the death penalty is in general, might we not at least place an “adults only” label on it? The rest of the world has already done so. Only in America need children fear execution by their own government.

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

Document(s)

Transcript of Speech on Religion’s Role in the Administration of the Death Penalty

By Pat Robertson / William & Mary Bill of Rights Journal 9(1), 215-222, on 1 January 2000


Article

United States


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About fifteen years ago, I was in the maximum-security prison in Raiford, Florida, and after I had spoken to the inmates, and had several interviews for our television program, I was permitted to go back into death row. It was a very sobering sight because the electric chair was just down the hall from where I was, and you could see that rather grim room. There were two men that they had asked me to talk to. One was a young man, in his mid-twenties who had been a contract killer for organized crime. He had dispatched at least twenty people to the next world as a cold-blooded killer. He was there on death row awaiting execution. The other man was a rather simple soul who had discovered his wife having an affair with another man, at least that’s my understanding, and in a fit of rage, he killed her. In the subsequent trial, he had received the death penalty for his action. Both of these men had had profound religious conversions. I know the difference between somejailhouse conversions-and there are plenty of them out there-and something that’s sincere from the heart. Both of these men, in my opinion, had been spiritually transformed.

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

Document(s)

Retribution and Redemption in the Operation of Executive Clemency

By Elizabeth Rapaport / Chicago Kent Law Review, on 1 January 2000


Article

United States


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In this Article, my goal is to raise doubts about the adequacy of the neo-retributive theory of clemency and stimulate reappraisal and development of what I will call the “redemptive” perspective. To this end I will present an exposition and critique of neo-retributive theory of clemency.

  • Document type Article
  • Countries list United States
  • Themes list Retribution, Clemency,

Document(s)

Equality of the Damned: The Execution of Women on the Cusp of the 21st Century

By Elizabeth Rapaport / Ohio Northern Law Review 26(3), 581-600, on 1 January 2000


Article

United States


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This article explores why women are rarely executed and examines the execution of four women in the Post-Furman Era, focusing on the execution of Karla Faye Tucker. The execution of Karla Faye Tucker in 1998, the second of the four women to be executed, occured in hte midst of relentless publicity. The Tucker execution revived interest in gender equity in the administration of capital punishment.

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

Document(s)

The Role of Organized Religions in Changing Death Penalty Debates

By Michael L. Radelet / William and Mary Bill of Rights Journal, on 1 January 2000


Article


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In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation’s progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty’s efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that retribution’s moral, rather than empirical, base makes it an issue largely within the purview of religious denominations, the traditional source of a community’s moral authority. Professor Radelet predicts that religious leaders’ increasing opposition to the flawed administration of the death penalty, rather than their lesser support for the abstract concept of capital punishment, will tip the balance toward its abolition in America.

  • Document type Article
  • Themes list Religion ,

Document(s)

Murderers’ Relatives: Managing Stigma, Negotiating Identity

By Hazel May / Journal of Contemporary Ethnography, on 1 January 2000


Article

United States


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Drawing on in-depth interviews with the relatives of convicted murderers, this article interrogates the concept of stigma through an everyday notion of familial toxicity and commonsense understandings of murder. Identifying moments of stigmatizing strain, the article examines moments of opportunity for managing stigma through three metatactics: management of space, information, and self-presentation. However, due to the problems in carrying out sensitive research with a hidden population, there are limits to how far arguments made can be generalized. Therefore, the article concludes by raising questions for future research.

  • Document type Article
  • Countries list United States
  • Themes list Murder Victims' Families,

Document(s)

Tessie Hutchinson and the American System of Capital Punishment

By Earl F. Martin / Maryland Law Review, on 1 January 2000


Article

United States


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The story focuses on Tessie Hutchinson, who was selected by the communal lottery for execution; her only sin was to live in a village that had the tradition of stoning one of its inhabitants each year. This paper suggests some ways that the life of America’s death penalty mirrors the art of “The Lottery.” The author comments on the “masking of evil,” the execution of the innocent, the arbitrariness in selecting those who die, the search for justification, and the brutality of the death penalty. In “The Lottery,” the tradition of the stoning was so embedded in tradition and its administration was so formal and precise that the ultimate outcome of the tradition, the killing of a fellow human being, was sanitized and unexamined. In America, the net effect of the bureaucratization of executions is to give those who implement them and those who receive reports of them a sense of sterility and mundaneness that should never accompany the state’s killing of its own. Although proponents of capital punishment in America argue that the chances that an innocent person will be executed are slim, history shows that it has occurred. It was no comfort to Tessie Hutchinson that she was to be the only member of her village to be stoned that year. So it is no comfort to the innocent who are executed that each is only one of a small number of innocent people who have been killed by the state. The arbitrariness of the lottery in selecting who will be executed may not be so obvious in the selection of those who will be killed by the state in America. Still, random and arbitrary circumstances impact who is selected to be executed, circumstances such as the race and wealth of the defendant, the race of the victim, the quality of the defense counsel, the particular trial judge, and the State in which the crime occurs. Although there is no unequivocal evidence that the death penalty achieves some monumentally positive benefit for American society, support for it by the community persists, along with its brutality and cruelty. It is difficult to avoid the conclusion that a “thinly veiled cruelty keeps the custom alive.”

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

Document(s)

The ‘Shocking Truth’ About the Electric Chair: An Analysis of the Unconstitutionality of Electrocution

By Dawn Macready / Ohio Northern University Law Review, on 1 January 2000


Article

United States


More details See the document

Cruel and unusual punishment, as prohibited by the Eighth Amendment of the United States Constitution, encompasses punishment that amounts to torture and barbarity, cruel and degrading punishment not known to the common law, and punishment so disproportionate to the offense as to shock the moral sense of the community. Thus, contained in the Eighth Amendment is a fundamental respect for humanity. For the imposition of a death sentence, the trier is constitutionally mandated to take into account the character and record of the individual offender and the circumstances of the particular offense. What constitutes cruel and unusual punishment?

  • Document type Article
  • Countries list United States
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Electrocution,