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View all document types 2311 Document(s)

Document(s)

English speaking Caribbean: State Killing in the English speaking Caribbean: a legacy of colonial times

By Amnesty International, on 1 January 2002


2002

NGO report


More details See the document

This report seeks to answer the arguments put forward by the proponents of capital punishment in the English Speaking Caribbean and examines the shortcomings in the administration of the death penalty in the region.The paper primarily focuses on Jamaica and Trinidad and Tobago, the two countries with the largest death row populations in the region. However, details of other counties are given and the themes and problems illustrated in Jamaica and Trinidad and Tobago are prevalent in the other nations of the ESC.

  • Document type NGO report
  • Themes list Statistics,

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Tennessee Death Penalty Assessment Report: An Analysis of Tennessee’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2007


2007

NGO report


More details See the document

To assess fairness and accuracy in Tennessee’s death penalty system, the Tennessee Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency proceedings; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. Following a preliminary chapter on Tennessee’s death penalty law, the Tennessee Death Penalty Assessment Report devotes a chapter to each of these twelve issues. Each chapter begins with a discussion of the relevant law and then concludes the extent to which the State of Tennessee is in compliance with the ABA’s Recommendations.

  • Document type NGO report
  • Themes list Due Process ,

Document(s)

A Thousand People Face the Death Penalty in Iraq

By Amnesty International, on 1 January 2009


2009

NGO report

arfres
More details See the document

Iraq now has one of the highest rates of execution in the world. At least 1,000 people are believed to be under sentence of death, 150 of whom have exhausted all legal remedies available to them and are therefore at serious risk of being hanged. This document describes the use of the death penalty in Iraq, including issues of transperancy, crimes punishable by death, unfair trials, the death penalty as used in the Kurdistan region of Iraq and some individual cases are discussed.

Document(s)

Convicting the Innocent

By Samuel R. Gross / Annual Review of Law and Social Science, on 1 January 2008


2008

Article

United States


More details See the document

Almost everything we know about false convictions is based on exonerations in rape and murder cases, which together account for only 2% of felony convictions. Within that important but limited sphere we have learned a lot in the past 30 years; outside it, our ignorance is nearly complete. This review describes what we now know about convicting the innocent: estimates of the rate of false convictions among death sentences; common causes of false conviction for rape or murder; demographic and procedural predictors of such errors. It also explores some of the types of false convictions that almost never come to light—innocent defendants who plead guilty rather than go to trial, who receive comparatively light sentences, who are convicted of crimes that did not occur (as opposed to crimes committed by other people), who are sentenced in juvenile court—in fact, almost all innocent defendants who are convicted of any crimes other than rape or murder. Judging from what we can piece together, the vast majority of false convictions fall in these categories. They are commonplace events, inconspicuous mistakes in ordinary criminal investigations that never get anything close to the level of attention that sometimes leads to exoneration.

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

Document(s)

Wrongful Convicitions in Californian Capital Cases

By Death Penalty Focus, on 1 January 2008


Legal Representation


More details See the document

This report details the cases of thirteen men and one woman who were convicted of first degree murder in California and later freed after a court concluded that they had been wrongfully convicted.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Coping with Innocence after Death Row

By Kimberly J Cook / Saundra D Westervelt / Contexts, on 1 January 2008


Working with...


More details See the document

The enduring images of exonerees are of vindicated individuals reunited with family and friends in a moment of happiness and relief, tearful men embraced by supporters who have long fought for their release.We think of these moments as conclusions, but really they’re the start of a new story, one that social science is beginning to tell about how exonerees are greeted by their communities, their homes, and their families, and how they cope with the injustice of their confinement and rebuild their lives on the outside.

  • Document type Working with...
  • Themes list Networks,

Document(s)

Objection Handbook

By John H. Blume / Cornwell Death Penalty Project, on 1 January 2008


Working with...


More details See the document

This handbook is divided into five tabbed sections. The first section provides some general guidelines to assist trial counsel in properly preserving issues for appellate review. Sections 2-4 address the following topics: (2) pre-trial issues; (3) jury selection and juror misconduct issues; (4) the substantive admissibility of evidence; and, (5) the solicitor’s closing argument.

  • Document type Working with...
  • Themes list Networks,

Document(s)

Working with the United Nations Human Rights Programme: A Handbook for Civil Society

By United Nations, on 1 January 2008


Working with...

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More details See the document

Working with the United Nations Human Rights Programme: A Handbook for Civil Society is addressed to the civil society actors who, every day in every part of the world, contribute to the promotion, protection and advancement of human rights. Developed following a survey among users of the first edition of the Handbook—Working with the Office of the United Nations High Commissioner for Human Rights: A Handbook for NGOs (2006)—this comprehensively updated and revised second edition puts United Nations human rights bodies and mechanisms at its centre. Speaking to all civil society actors, including but not only non-governmental organizations (NGOs), the Handbook explains how civil society can engage with various United Nations human rights bodies and mechanisms. It is the hope of the Office of the United Nations High Commissioner for Human Rights (OHCHR) that this Handbook will enable more people to enjoy and make claim to their human rights through these bodies and mechanisms.

Document(s)

Working with the United Nations Human Rights Programme A Handbook for Civil Society

By United Nations / Office of the United Nations High Commissioner for Human Rights, on 1 January 2008


United Nations report

enrufrzh-hantes
More details See the document

Document(s)

Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis

By Death Penalty Information Center / Richard C. Dieter, on 1 January 2009


2009

NGO report


More details See the document

The death penalty in the U.S. is an enormously expensive and wasteful program with no clear benefits. All of the studies on the cost of capital punishment conclude it is much more expensive than a system with life sentences as the maximum penalty. In a time of painful budget cutbacks, states are pouring money into a system that results in a declining number of death sentences and executions that are almost exclusively carried out in just one area of the country. As many states face further deficits, it is an appropriate time to consider whether maintaining the costly death penalty system is being smart on crime.

  • Document type NGO report
  • Themes list Financial cost,

Document(s)

Hope and Fear: Human Rights in the Kurdistan Region of Iraq

By Amnesty International, on 1 January 2009


NGO report

ar
More details See the document

Amnesty International received information from a number of sentenced prisoners indicating that their trials had not met international fair trial standards. Some had been tried in secret locations, rather than in properly established courts of law. Some trials had been completed within an hour. A number of prisoners complained that they had been convicted on the basis of false “confessions” which they had been forced to make under torture or other illtreatment during pre-trial detention. Detainees commonly were denied access to lawyers in the early stages of their detention, when they were usually held incommunicado, and were interrogated by the Asayish.

Document(s)

كار با برنامه حقوق بشر سازمان ملل متحد کتابی برای راهنمایی جامعه مدني

By United Nations / Office of the United Nations High Commissioner for Human Rights, on 1 January 2008


2008

Arguments against the death penalty

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More details See the document

اين كتاب راهنما خطاب به همه فعالان جامعه مدني، ازجمله سازمان هاي غيردولتي، اما نه فقط آنها، توضيح مي دهد چگونه جامعه مدني مي تواند با نهادها وسازوكارهاي گوناگون حقوق بشرسازمان ملل همكاري كند

Document(s)

The Hidden Death Tax: The Secret Cost of Seeking Execution in California

By Natasha Minsker / American Civil Liberties Union, on 1 January 2008


NGO report


More details See the document

California taxpayers pay at least $117 million each year at the post-conviction level seeking execution of the people currently on death row, or $175,000 per inmate per year. The largest single expense is the extra cost of simply housing people on death row, $90,000 per year per inmate more than housing in the general prison population. Executing all of the people currently on death row or waiting for them to die naturally – which will happen first – will cost California an estimated $4 billion more than if all the people on death row were sentenced to die of disease, injury or old age.

  • Document type NGO report
  • Themes list Networks, Financial cost,

Document(s)

Japan: Hanging by a thread: Mental health and the death penalty in Japan

By Amnesty International, on 1 January 2009


2009

NGO report


More details See the document

The use of the death penalty is in decline globally. Japan is one of the few industrialized countries to continue to use it, hanging a small number of prisoners each year. This report discusses the legal basis for exempting mentally ill prisoners from the death penalty and documents the situation faced by such prisoners on death row in Japan. It calls on the authorities to ensure that mentally ill prisoners are not executed and to implement a moratorium on the death penalty.

  • Document type NGO report
  • Themes list Mental Illness,

Document(s)

Death sentences and executions in 2008

By Amnesty International, on 1 January 2009


NGO report

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More details See the document

This document summarises Amnesty International’s global research on the death penalty. Information was gathered from various sources including official statistics (where available), non-governmental and inter-governmental organizations, human rights defenders, the media and interviews with survivors of human rights violations.

Document(s)

Death Penalty in the US Quiz

By The Advocates for Human Rights, on 1 January 2009


Campaigning


More details See the document

Test your knowledge of human rights and the death penalty in the U.S. with our downloadable quiz.

  • Document type Campaigning
  • Themes list Country/Regional profiles,

Document(s)

REPORT AND RECOMMENDATIONS ON THE ADMINISTRATION OF THE DEATH PENALTY IN CALIFORNIA

By CALIFORNIA COMMISSION ON THE FAIR ADMINISTRATION OF JUSTICE, on 1 January 2008


2008

Government body report


More details See the document

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,

Document(s)

Affront to Justice: Death Penalty in Saudi Arabia

By Amnesty International, on 1 January 2008


NGO report

ar
More details See the document

Amnesty International has been documenting the Saudi Arabian authorities’ extensive use of the death penalty for over a quarter of a century. This report is the latest evaluation, made in light of the legal, judicial and human rights changes that have been introduced in recent years in the country. The report details cases of death row prisoners on whose behalf Amnesty International has campaigned. It also includes testimonies of former detainees, some of whom have been under sentence of death.

Document(s)

EU Guidelines: Human Rights and International Humanitarian Law

By Council of the European Union / European Union, on 1 January 2009


2009

Working with...

fr
More details See the document

An integral part of our Human Rights Policy is a series of Guidelines on issues of importance to the Union. These Guidelines are practical tools to help EU representations in the field better advance our policy. The first Guideline, on the Death Penalty, was elaborated in 1998. It was followed by six others focussed on Torture, Dialogues with Third Countries, Children Affected by Armed Conflict, Human Rights Defenders, the Rights of the Child and Violence Against Women. The first five Guidelines were published as a brochure four years ago; this new edition adds those Guidelines adopted since then. In preparation for publishing this booklet, all of the older Guidelines underwent a review and renovation to reflect changes both in the Union and the external environment that have taken place since 2005. There is one other innovation in the edition you hold in your hands: for the first time, we have included a guideline developed in 2005 by Member State legal experts on the topic of International Humanitarian Law. Because of the explosive growth of operations and missions conducted under the European Security and Defence Policy and as a result of our conviction that counterterrorism be conducted within the framework of international law, the Guideline on IHL is growing in importance.

Document(s)

Abolition of the Death Penalty: China in World Perspective

By Roger Hood / City University of Hong Kong Law Review 1-21, on 1 January 2009


Academic report


More details See the document

This article outlines changes that the author has observed in the debate on the death penalty.

  • Document type Academic report
  • Themes list Trend Towards Abolition,

Document(s)

Manual for Civil Society Participation in OAS Activities

By Organization of American States, on 1 January 2009


Working with...

es
More details See the document

The purpose of this Manual for Civil Society Participation in OAS Activities, prepared by the Department of International Affairs, is to clarify the mechanisims through which CSOs can participate in OAS activities and contribute to the formulation of hemispheric policies. In addition, the Manual provides a summary of the structure and work areas of the Organization as well as the guiding principles for CSO participation.

Document(s)

Tools and Tips for Effective e-Activism

By Amnesty International, on 1 January 2009


Working with...

fres
More details See the document

This booklet provides hints and tips for effective e-activism. It includes chapters about the use of petitions, widgets, email use, letters, social networking sites, blogs, photos and videos as well as becoming an online volunteer.

Document(s)

Writing Wrongs: How to Shift Public Opinion on the Death Penalty with Letters to the Editor

By Nancy Oliviera, on 1 January 2009


Working with...


More details See the document

This booklet explains why it is important to write letters to the editor as a platform for distributing information to the public. It provides a guide to good letter writing.

  • Document type Working with...
  • Themes list Networks,

Document(s)

Mental Illness and the Death Penalty

By American Civil Liberties Union, on 1 January 2009


NGO report


More details See the document

This overview discusses the intersection of the law and the challenges faced by mentally ill capital defendants at every stage from trial through appeals and execution. It provides examples of some of the more famous cases of the execution of the mentally ill. Lastly, it describes current legislative efforts to exempt those who suffer from a serious mental illness from execution and the importance of such efforts.

  • Document type NGO report
  • Themes list Mental Illness,

Document(s)

DO EXECUTIONS LOWER HOMICIDE RATES?: THE VIEWS OF LEADING CRIMINOLOGISTS*

By Michael L. Radelet / Tracy Lacock / The journal of criminal law and criminology, on 1 January 2009


Article


More details See the document

This study is about the question of whether the death penalty is a more effective deterrent than long-term imprisonment has been debated for decades or longer by scholars, policy makers, and the general public. In this Article the authors report results from a survey of the world’s leading criminologists that asked their expert opinions on whether the empirical research supports the contention that the death penalty is a superior deterrent.

  • Document type Article
  • Themes list Deterrence ,

Document(s)

The Death Penalty V. Human Rights: Why Abolish the Death Penalty?

By Amnesty International, on 1 January 2007


2007

NGO report

fres
More details See the document

In this document Amnesty International calls on the UN General Assembly, 62nd session, (2007) to adopt a resolution affirming the right to life and stating that abolition of the death penalty is essential for the protection of human rights and to report on the implementation of the moratorium to the next session of the UNGA. It also calls on retentionist countries to establish a moratorium on executions and to respect international standards that guarantee the protection of the rights of those facing the death penalty.

Document(s)

Execution by lethal injection – a quarter century of state poisoning

By Amnesty International, on 1 January 2007


NGO report

es
More details See the document

Any potential increase in executions or lobbying for the death penalty as a result of the use of lethal injection is of serious concern. The increased pressure on medical professionals to participate in executions also raises serious ethical and human rights issues. This paper reviews developments with respect to lethal injection executions over the past decade.

Document(s)

Death Penalty: Stop the state killing

By Amnesty International, on 1 January 2007


NGO report

fres
More details See the document

This document focuses on the significant developments and events – both negative and positive – in the struggle against the death penalty in 2006. It includes steps towards abolition; horrific state killings; executions after unfair trials, including that of Saddam Hussein; the growing global campaign for abolition, and the political courage needed to rid the world of judicial state killing.

Document(s)

China: The Olympics Countdown: Repression of activists overshadows death penalty and media reforms

By Amnesty International, on 1 January 2007


NGO report

fres
More details See the document

Amnesty International remains deeply concerned that several senior Chinese officials continue to use ‘strike hard’ policies to constrain the legitimate activities of a range of peaceful activists, including journalists, lawyers and human rights defenders. This report updates concerns in these areas, illustrated by the experiences of several individuals who have been detained or imprisoned in violation of their fundamental human rights. The failure of the Chinese authorities to address the legal and institutional weaknesses that allow such violations to flourish continues to hamper efforts to strengthen rule of law in China.

Document(s)

Unjust and unfair: The death penalty in Iraq

By Amnesty International, on 1 January 2007


NGO report

arfres
More details See the document

Since the reintroduction of the death penalty in August 2004 more than 270 people have been sentenced to death in Iraq. Iraq now figures among the countries with the highest numbers of executions reported in 2006. Amnesty International is concerned that many of those sentenced to death by the Central Criminal Court of Iraq did not receive a fair trial. Amnesty International calls on the Iraqi government to immediately establish a moratorium on executions with a view to total abolition of the death penalty.

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Ohio Death Penalty Assessment Report: An Analysis of Ohio’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2007


NGO report


More details See the document

To assess fairness and accuracy in Ohio’s death penalty system, the Ohio Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. The Ohio Death Penalty Assessment Report devotes a chapter to each of these issues, which follow a preliminary chapter on Ohio death penalty law (for a total of 13 chapters). Each of the issue chapters begins with a discussion of the relevant law and then reaches conclusions about the extent to which the State of Ohio complies with the ABA Recommendations.

  • Document type NGO report
  • Themes list Due Process ,

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Indiana Death Penalty Assessment Report: An Analysis of Indiana’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2007


NGO report


More details See the document

To assess fairness and accuracy in Indiana’s death penalty system, the Indiana Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. The Indiana Death Penalty Assessment Report devotes a chapter to each of these issues, which follow a preliminary chapter on Indiana death penalty law (for a total of 13 chapters). Each of the issue chapters begins with a discussion of the relevant law and then reaches conclusions about the extent to which the State of Indiana complies with the ABA Recommendations.

  • Document type NGO report

Document(s)

Media Monitoring, Information Scanning and Intelligence

By Human Rights Information and Documentation Systems International, on 1 January 2010


2010

Working with...


More details See the document

This manual offers advice on information gathering by using search engines, Web alerts, newsletters, RSS feeds, and text mining.

  • Document type Working with...
  • Themes list Networks,

Document(s)

The Death penalty for Drug Offences: A Violation of International Human Rights Law

By Rick Lines / Harm Reduction International, on 1 January 2007


2007

NGO report


More details See the document

The report calls for an end to the use of the death penalty for drug offences around the world, and concludes that the on-going execution of drug offenders is a violation of international human rights law. The report emphasises how the harms faced by people who use drugs do not only include health harms such as HIV and hepatitis C infections, but also the effects of repressive law enforcement activities.

  • Document type NGO report
  • Themes list Drug Offences,

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Ms. Asma Jahangir

By United Nations / Asma Jahangir, on 1 January 1999


1999

International law - United Nations

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This report is submitted pursuant to Commission on Human Rightsresolution 1998/68 of 21 April 1998 entitled “Extrajudicial, summary orarbitrary executions”. It is the first report submitted to the Commission byMs. Asma Jahangir and the sixteenth submitted to the Commission since themandate on “summary and arbitrary executions” was established by Economic andSocial Council resolution 1982/35 of 7 May 1982.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the special rapporteur, Ms. Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 1999/35

By United Nations / Asma Jahangir, on 1 January 2000


2000

International law - United Nations

arrufrzh-hantes
More details See the document

In its resolution 1999/35, the Commission on Human Rights requested the Special Rapporteur to continue monitoring the implementation of existing international standards on safeguards and restrictions relating to the imposition of capital punishment, bearing in mind the comments made by the Human Rights Committee in its interpretation of article 6 of the International Covenant on Civil and Political Rights, as well as the Second Optional Protocol thereto.

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty : report of the Secretary-General

By United Nations, on 1 January 2001


2001

United Nations report

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More details See the document

The report shows an encouraging trend towards abolition and restriction of the use of capital punishment in most countries. It also shows that much remains to be done in the implementation of the safeguards guaranteeing protection of the rights of persons facing the death penalty in those countries that retain it.

Document(s)

Question of the death penalty : report of the Secretary-General submitted pursuant to Commission on Human Rights resolution 2002/77

By United Nations, on 1 January 2003


2003

International law - United Nations

arrufrzh-hantes
More details See the document

The present report contains information covering the period from January 2001 through December 2002, in order to ensure that there are no gaps in coverage since the last version of the sixth quinquennial report which covered information up to the end of 2000. The report indicates that the trend towards abolition of the death penalty continues, which is illustrated, inter alia, by the increase in the number of ratifications of international instruments that provide for the abolition of this punishment.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Asma Jahangir

By United Nations / Asma Jahangir, on 1 January 2003


International law - United Nations

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More details See the document

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 2002/36

By United Nations / Asma Jahangir, on 1 January 2003


International law - United Nations

arrufrzh-hantes
More details See the document

The report also discusses the issue of capital punishment and makes reference to death penalty cases in which the Special Rapporteur has intervened in reaction to reports that the sentences concerned had been passed in violation of international restrictions and human rights standards.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Ms. Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 2001/45

By United Nations / Asma Jahangir, on 1 January 2002


2002

International law - United Nations

arrufrzh-hantes
More details See the document

The report also discusses the issue of capital punishment and makes reference to death penalty cases in which the Special Rapporteur has intervened in reaction to reports that the sentences concerned had been passed in violation of international restrictions and human rights standards.

Document(s)

The question of the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2006


2006

International law - United Nations

arrufrzh-hantes
More details See the document

The present report contains information covering the period from January 2004 to December 2005. 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 punishment.

Document(s)

TRANSPARENCY AND THE IMPOSITION OF THE DEATH PENALTY, Report of the Special Rapporteur, Philip Alston

By United Nations / Philip Alston, on 1 January 2006


International law - United Nations

arrufrzh-hantes
More details See the document

The present report of the Special Rapporteur on extrajudicial, summary or arbitrary executions analyses a critical area of non-compliance with legal safeguards designed to protect the right to life. It builds upon the proposition that “[c]ountries that have maintained the death penalty are not prohibited by international law from making that choice, but they have a clear obligation to disclose the details of their application of the penalty” (E/CN.4/2005/7, para. 59). The report analyses the legal basis of that transparency obligation and examines case studies that illustrate the major problems that exist in this area.

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2005


2005

International law - United Nations

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More details See the document

The present report, prepared pursuant to Economic and Social Council resolutions 1754 (LIV) of 16 May 1973 and 1995/57 of 28 July 1995, is the seventh quinquennial report of the Secretary-General on capital punishment.1 It covers the period 1999-2003 and reviews developments in the use of capital punishment worldwide, both in law and in practice. The report shows an encouraging trend towards abolition and restriction of the use of capital punishment in most countries. It also shows that much remains to be done in the implementation of the safeguards guaranteeing protection of the rights of persons facing the death penalty in those countries that retain it.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Philip Alston

By United Nations / Philip Alston, on 1 January 2004


2004

International law - United Nations

arrufrzh-hantes
More details See the document

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty : report of the Secretary-General

By United Nations, on 1 January 2001


2001

United Nations report

arrufrzh-hantes
More details See the document

The present, sixth quinquennial report contains a review of the trends in the application of the death penalty, including the implementation of the safeguards, during the period l994-2000. It is a revised, updated version of the report of the Secretary-General on the subject (E/2000/3) that was submitted to the Council at its substantive session of 2000, to the Commission on Crime Prevention and Criminal Justice at its ninth session and to the Commission on Human Rights at its fifty-sixth session. Sixty-three countries participated in the survey. There was again a relatively poor response from retentionist countries, especially those making the most use of capital punishment. One major conclusion to be drawn is that, since l994, the rate at which countries have embraced abolition has remained unchanged.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Philip Alston

By United Nations / Philip Alston, on 1 January 2004


2004

International law - United Nations

arfrzh-hantesru
More details See the document

This report is submitted pursuant to Commission resolution 2005/34, and should be read in conjunction with its various addenda. They provide the following: a detailed analysis of communications sent to Governments which describe alleged cases of extrajudicial executions; reports on country missions to Nigeria and Sri Lanka during 2005; a report on the principle of transparency in relation to the death penalty; and several reports aimed at following up on earlier country missions to the Sudan, Brazil, Honduras and Jamaica.

Document(s)

Report by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak – MISSION TO MONGOLIA

By United Nations / Manfred Nowak, on 8 September 2020


2020

NGO report

Mongolia

rufrzh-hantesar
More details See the document

The Special Rapporteur is also deeply concerned about all the circumstances surrounding the death penalty in Mongolia, especially the total secrecy. Despite repeated requests to the highest authorities of the Government, as well as prosecutors and the judiciary, the Special Rapporteur was not provided with any official information. Concern was expressed that not even the families of the condemned persons are notified of the exact date or place of execution and do not receive their mortal remains for burial, which amounts to inhuman treatment of the family, contrary to article 7 of the Covenant. Moreover, prisoners on death row at the Gants Hudag and Zuunmod detention centres are held in complete isolation, handcuffed and shackled, and denied adequate food. These conditions constitute additional punishments which can only be qualified as torture as defined in article 1 of the Convention.

Document(s)

Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak – MISSION TO CHINA

By United Nations / Manfred Nowak, on 8 September 2020


NGO report

China

frzh-hantesarru
More details See the document

The Special Rapporteur also observes positive developments at the legislative level, including the planned reform of several laws relevant to the criminal procedure, which he hopes will bring Chinese legislation into greater conformity with international norms, particularly the fair trial standards contained in the International Covenant on Civil and Political Rights (ICCPR) which China signed in 1998 and is preparing to ratify. He also welcomes the resumption by the Supreme People’s Court (SPC) of its authority to review all death penalty cases,59 particularly given the fact that the quality of the judiciary increases as one ascends the hierarchy. The Special Rapporteur suggests that China might use the opportunity of this important event to increase transparency regarding the number of death sentences in the country, as well as to consider legislation that would allow direct petitioning to the SPC in cases where individuals do not feel that they were provided with adequate relief by lower courts in cases involving the useof torture, access to counsel, etc.

Document(s)

Leaflet Women and the Death Penalty

By World coalition against the death penalty, on 2 October 2023


2023

World Coalition

Gender

fr
More details Download [ pdf - 1448 Ko ]

Document(s)

Leaflet LGBTQIA+ people and the Death Penalty

By World coalition against the death penalty, on 2 October 2023


World Coalition

Gender

fr
More details Download [ pdf - 861 Ko ]

Document(s)

AEDPA Repeal

By Brandon L. Garrett & Kaitlin Phillips, on 1 September 2022


2022

Academic report

Terrorism

United States


More details See the document

Given how pressing the problem has become, and the real interest in reforms to promote access to justice, this article takes a different tack than prior habeas reform work: to restore habeas corpus to its pre-AEDPA and pre-Rehnquist court state, in which a federal court can review claims and reach their merits. The approach would preserve flexibility at the district court level and remove the many layers of procedural complexity that the Supreme Court and then Congress have erected. We believe that deep changes are needed, and in that, we agree with judges and scholars that have for some time proposed such changes in the writ. As we describe, AEDPA was enacted as a culmination of more than two decades of complex Supreme Court law that had already limited access to federal habeas corpus. While AEDPA incorporated some of those procedural rulings, the concern would be that should AEDPA be repealed, even in part, those court-made restrictions could be interpreted to supplant AEDPA restrictions. Clear statutory language will be needed to ensure that the Court does not frustrate Congress, as it has in the past, by supplementing statutory text in order to limit constitutional remedies. We do not mean to suggest that the various proposals set out here are exhaustive. Our goal is to promote careful considerations of alternatives to the present-day set of federal habeas corpus statutes and accompanying judicial interpretation.

  • Document type Academic report
  • Countries list United States
  • Themes list Terrorism

Document(s)

Moratoriums on the use of the death penalty. Report of the Secretary-General (2010)

By United Nations, on 8 September 2020


2020

United Nations report

frarruzh-hantes
More details See the document

The present report is submitted to the General Assembly pursuant to General Assembly resolution 63/168. The report confirms the global trend towards abolition of the death penalty. It also recommends that Member States introduce a moratorium on the death penalty. Those States which still intend to implement the death penalty and are not willing to establish a moratorium should apply the death penalty only in the case of the most serious crimes. The protection of the rights of those facing the death penalty should be ensured, pursuant to the relevant international laws. Furthermore, in that regard, States have an obligation not to practise the death penalty in secrecy, nor to practice discrimination in its application.

Document(s)

Resolution 65/206 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


International law - United Nations

aresfrruzh-hant
More details See the document

Resolution adopted by the General Assembly [on the report of the Third Committee (A/65/456/Add.2 (Part II))] 65/206. Moratorium on the use of the death penalty

Document(s)

The Death Penalty in the OSCE Area – Background Paper 2010

By Organization for Security and Co-operation in Europe (OSCE), on 8 September 2020


NGO report

Albania

ru
More details See the document

This paper updates The Death Penalty in the OSCE Area: Background Paper 2009.It is intended to provide a concise update to highlight changes in the status of thedeath penalty in OSCE participating States since the previous publication and topromote constructive discussion of this issue. It covers the period from 1 July 2009to 30 June 2010. —– To find past OSCE papers please visit: http://www.osce.org/documents?keys=The+Death+Penalty+in+the+OSCE+Area+-+Background+Paper+

Document(s)

Question of the death penalty : Report of the Secretary-General

By United Nations, on 8 September 2020


United Nations report

arruzh-hantesfr
More details See the document

The present report contains information covering the period from June 2008 to July 2009, and draws attention to a number of phenomena, including the continuing trend towards abolition, the practice of engaging in a national debate on the death penalty, and the ongoing difficulties in gaining access to reliable information on executions.

Document(s)

Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston

By United Nations / Philip Alston, on 1 January 2007


2007

International law - United Nations

arrufrzh-hantzh-hantes
More details See the document

In addition to reporting on the principal initiatives undertaken in 2006 to address the scourge of extrajudicial executions around the world, this report focuses on four issues of particular importance: (a) the mandate of the Special Rapporteur in armed conflicts; (b) “mercy killings” in armed conflict; (c) the “most serious crimes” for which the death penalty may be imposed; and (d) the international law status of the mandatory death penalty.

Document(s)

Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston

By United Nations / Philip Alston, on 1 January 2007


International law - United Nations

arrufres
More details See the document

The present report details the activities of the Special Rapporteur in 2009 and the first four months of 2010. This is the final report to the Human Rights Council by Philip Alston in his capacity as Special Rapporteur. It analyses the activities and working methods of the mandate over the past six years, and identifies important issues for future research. Detailed addenda to this report address: (a) accountability for killings by police; (b) election-related killings; and (c) targeted killings.

Document(s)

Poster World Day 2006

on 10 October 2006


2006

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 191 Ko ]

Discrimination, unfair trials, judicial error, the execution of child
offenders and those suffering from mental disabilities all
amount to a failure of justice and provide more compelling rea-
sons to abolish the death penalty. 10 October 2006 is the fourth
World Day Against the Death Penalty. Join the World Coalition
Against the Death Penalty in working for an end to the use of
capital punishment and a globe free of judicial killing.

Document(s)

Question of the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2008


2008

International law - United Nations

frarruzh-hantes
More details See the document

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(s)

Question of the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2008


International law - United Nations

arrufrzh-hantes
More details See the document

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(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Bacre Waly Ndiaye

By United Nations / Bacre Waly Ndiaye, on 1 January 1997


1997

International law - United Nations

arrufrzh-hantes
More details See the document

This report is submitted pursuant to Commission on Human Rightsresolution 1997/61 of 16 April 1997 entitled “Extrajudicial, summary orarbitrary executions”. It is the sixth report submitted to the Commissionon Human Rights by Bacre Waly Ndiaye and the fifteenth submitted to theCommission since the mandate on “Summary and arbitrary executions” wasestablished by Economic and Social Council resolution 1982/35 of 7 May 1982.

Document(s)

Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak

By United Nations / Manfred Nowak, on 1 January 2009


2009

International law - United Nations

arfrzh-hantesru
More details See the document

In chapter III, the Special Rapporteur focuses on the compatibility of the death penalty with the prohibition of cruel, inhuman and degrading punishment. He concludes that the historic interpretation of the right to personal integrity and human dignity in relation to the death penalty is increasingly challenged by the dynamic interpretation of this right in relation to corporal punishment and the inconsistencies deriving from the distinction between corporal and capital punishment, as well as by the universal trend towards the abolition of capital punishment.

Document(s)

Question of the death penalty : report of the Secretary-General submitted pursuant to Commission resolution 2003/67

By United Nations, on 1 January 2004


2004

International law - United Nations

arrufrzh-hantes
More details See the document

The present report contains information covering the period from January 2003 through December 2003. The report indicates that the trend towards abolition of the death penalty continues, illustrated, inter alia, by the increase in the number of ratifications of international instruments that provide for the abolition of this punishment.

Document(s)

List of signatories to the Second Optional Protocol by region

By World Coalition Against the Death Penalty, on 1 January 2014


2014

Lobbying

fr
More details See the document

List of states that have signed and/or ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights. Classifyied by region of the world as of 1st July 2011.

Document(s)

Bylaws 2021

By World Coalition Against the Death Penalty, on 9 September 2021


2021

World Coalition

fr
More details Download [ pdf - 97 Ko ]

Bylaws of the World Coalition Against the Death Penalty As Amended by the 18 June 2021 General Assembly

  • Document type World Coalition
  • Available languages Statuts 2021

Document(s)

Bylaws of the World Coalition Against the Death Penalty 2023

By World Coalition Against the Death Penalty, on 22 August 2023


2023

World Coalition

Trend Towards Abolition

fr
More details Download [ pdf - 146 Ko ]

Document(s)

INSECURITY REVEALED: Voices Against the Death Penalty

By World Coalition Against the Death Penalty, on 6 August 2024


2024

Campaigning

World Coalition

fr
More details Download [ pdf - 1313 Ko ]

Document(s)

Death Penalty in Pakistan

By Justice Project Pakistan, on 10 October 2022


2022

NGO report

Pakistan


More details See the document

The implementation of capital punishment has seen substantial shifts over the course of the past decade. During the period from the end of a moratorium on executions in December 2014 to August 2019, an estimated 1,800 death sentences were imposed across the entire court system and 520 people were executed. Various amendments to Pakistan’s criminal law over the past several decades have resulted in a list of 33 offenses, most of which are far removed from the definition of the “most serious crimes” under international law. A full list of offences is attached at the end of the report.

  • Document type NGO report
  • Countries list Pakistan

Document(s)

Does care have to be at the periphery if crime is at the centre? A conversation that unspools the various threads tying feminism with crime.

By The Third Eye, on 15 February 2024


2024

Article

Gender

Women


More details See the document

Published on January 30, 2024.

The Third Eye invited Maitreyi Misra of Project 39A to help us think through our central idea: why do we need a feminist way of looking at crime, and how does that help the larger goal of social justice?

Project 39A is inspired by Article 39-A of the Indian Constitution, a provision that furthers the intertwined values of equal justice and equal opportunity by removing economic and social barriers. Using empirical research to re-examine practices and policies in the criminal justice system, Project 39A aims to trigger new conversations on legal aid, torture, forensics, mental health in prisons, and the death penalty.

  • Document type Article
  • Themes list Gender / Women

Document(s)

Advisory on the Increased Vulnerabilty of Women Migrant Workers on Death Row

By Commission on Human Rights of the Philippines, on 3 December 2021


2021

Government body report

Drug Offenses

Legal Representation

Philippines

Women

fr
More details Download [ pdf - 1457 Ko ]

The Commission on Human Rights of the Philippines issues this advisory to bring the Philippines’ attention to the heightened vulnerabilities of women Overseas Filipino Workers (OFWs).

Document(s)

Addressing the Gender Dimension of the Death Penalty: Coaction Between Parliamentarians and Civil Society

By World Coalition Against the Death Penalty, on 10 September 2021


2021

Working with...

Women

fr
More details Download [ pdf - 311 Ko ]

Created on the occasion of the 19th World Day Against the Death Penalty (10/10/21), this tool’s aim is to provide practical advice and concrete suggestions to civil society organizations who wish/ are already collaborating with parliamentarians to end the death penalty and bring attention to women sentenced to death.

Document(s)

Helpful Hints and Advice on Online Harassment

By World Coalition against the Death Penalty , on 10 August 2021


2021

Campaigning

Public Opinion 

fr
More details Download [ pdf - 165 Ko ]

Online advocacy efforts by human rights organizations face increasingly dangerous threats. In this short guide, we elaborate a few helpful hints and
advice, as well as list a compilation of resources that organizations can refer to handle online harassment.

Document(s)

Women and Death Penalty Factsheet – World Day 2023

By World coalition against the death penalty, on 15 August 2023


2023

World Coalition

Gender

fr
More details Download [ pdf - 424 Ko ]

Document(s)

Imposing a Cap on Capital Punishment

By Adam M. Gershowitz / Missouri Law Review 72(1), 73-124., on 1 January 2007


2007

Article

United States


More details See the document

This article argues that because prosecutors have discretion to seek the death penalty in too many cases, they lack the incentive to police themselvesand choose carefully. Put simply, because there are few legal constraints — and virtually no political constraints — on the sheer number of cases in which prosecutors can pursue the death penalty, the Government is not under sufficient pressure to limit its use of capital punishment to only the most heinous cases. As a result, two things happen. First, the death penalty is sought and meted out in some cases, which though terrible, are no worse than the thousands of other murder cases in which prosecutors pursue only life imprisonment. Second, because prosecutors file too many capital cases, the criminal justice system lacks the resources to focus sufficient attention on each one.

  • Document type Article
  • Countries list United States
  • Themes list Arbitrariness, Most Serious Crimes,

Document(s)

Capital and punishment: Resource scarcity increases endorsement of the death penalty

By Arizona State University (ASU), on 1 January 2018


2018

Academic report


More details See the document

A new study by an interdisciplinary team of Arizona State University psychology researchers has found a link between the actual and perceived scarcity of resources and support for capital punishment. The study discovered that countries with greater resource scarcity were more likely to have a death penalty, as were U.S. states with lower per capita income.

  • Document type Academic report
  • Themes list Death Penalty, Financial cost,

Document(s)

Database Center for North Korean Human Rights – Briefings on public execution

By Database Center for North Korean Human Rights, on 8 September 2020


2020

Article

Republic of Korea


More details See the document

NKDB hosts a monthly English language briefing and discussion on North Korean human rights every month with embassy officials, NGO staff, and NKDB staff as guests

  • Document type Article
  • Countries list Republic of Korea
  • Themes list World Coalition Against the Death Penalty, Death Penalty, Country/Regional profiles,

Document(s)

Retribution and Redemption in the Operation of Executive Clemency

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


2000

Article

United States


More details See the document

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)

Averting Mistaken Executions by Adopting the Model Penal Code’s Exclusion of Death in the Presence of Lingering Doubts

By Margery Malkin Koosed / Northern Illinois Law Review, on 1 January 2001


2001

Article

United States


More details See the document

This article considers community views on the risk of mistaken executions and how sentencing juries respond to such risks. It explores the present state of the law surrounding risk-taking regarding lingering or residual doubt, and finds the law in a state of denial. Though the risk may be there, and jurors may see it, this is not something they are directed, or even invited, to consider. Some jurors may deny effect to the risk they see, believing it is not a proper subject of their attention. Others will consider it, yet wonder whether they should. This inconsistent treatment, and dissonance from what the public wants and justifiably expects from its legal system, is largely a product of the United States Supreme Court’s 1988 decision in Franklin v. Lynaugh. Arguably misread, and at least misguided, the Court’s decision on considering lingering or residual doubts about guilt as a mitigating factor at the penalty phase has retarded development of meaningful ways to avert mistaken executions.

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

Document(s)

Mentally Ill Prisoners on Death Row: Unsolved Puzzles for Courts and Legislatures

By Richard J. Bonnie / Catholic University Law Review, on 1 January 2004


2004

Article

United States


More details See the document

This paper focuses on the problems relating to mental illness or other mental disabilities that arise after sentencing, where the underlying values at stake are the dignity of the condemned prisoner and the integrity of the law.

  • Document type Article
  • Countries list United States
  • Themes list Mental Illness, Intellectual Disability,

Document(s)

China Executed 2,400 People in 2013, Dui Hua

By Dui Hua Human Rights Journal, on 1 January 2014


2014

Article

China


More details See the document

The Dui Hua Foundation estimates that China executed approximately 2,400 people in 2013 and will execute roughly the same number of people in 2014. Annual declines in executions recorded in recent years are likely to be offset in 2014 by the use of capital punishment in anti-terrorism campaigns in Xinjiang and the anti-corruption campaign nationwide.

  • Document type Article
  • Countries list China
  • Themes list Statistics,

Document(s)

Leaflet – 2020 World Day

By World Coalition Against the Death Penalty, on 8 September 2020


2020

Academic report

fr
More details Download [ - 0 Ko ]

2020 World Day 8-page leaflet

  • Document type Academic report
  • Themes list Fair Trial, World Coalition Against the Death Penalty, Death Penalty,
  • Available languages Brochure - Journée mondiale 2020

Document(s)

The Failed Failsafe: The Politics of Executive Clemency

By Cathleen Burnett / Texas Journal on Civil Liberties and Civil Rights, on 1 January 2003


2003

Article

United States


More details See the document

This article discusses the role of executive clemency in light of the current political environment. Attending to the political aspects of the capital litigation process gives insight into the trends in the use of executive clemency

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

Document(s)

EU Policy on Death Penalty

By Council of Europe, on 1 January 2014


2014

Arguments against the death penalty


More details See the document

This page contains videos and documents on issues dealing with the death penalty.

  • Document type Arguments against the death penalty

Document(s)

Stories of Victims of Terrorism

By World Coalition Against the Death Penalty, on 1 January 2016


2016

Multimedia content

fr
More details Download [ pdf - 142 Ko ]

Together with AfVT, the World Coalition has developed this two-page note explaining why some victims of terrorism are against the death penalty.

Document(s)

International Law and the Moral Precipice: A Legal Policy Critique of the Death Row Phenomenon

By David A Sadoff / Tulane Journal of International and Comparative Law, on 1 January 2008


2008

Article


More details See the document

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

  • Document type Article
  • Themes list Death Row Phenomenon,

Document(s)

Sri Lankan expert needed to conduct study on the death penalty – Terms of reference

By World Coalition Against the Death Penalty, on 23 December 2021


2021

World Coalition


More details Download [ pdf - 83 Ko ]
  • Document type World Coalition

Document(s)

Condemning the Other in Death Penalty Trials: Biographical Racism, Structural Mitigation, and the Empathic Divide

By Craig Haney / DePaul Law Review, on 1 January 2004


2004

Article

United States


More details See the document

This article analyses racial discrimination in the administration of the death penalty – despite their importance to the critical debate over the fairness of capital punishment – are not able to address the effects of many of the most pernicious forms of racism in American society. In particular, they cannot examine “biographical racism” – the accumulation of race-based obstacles, indignities, and criminogenic influences that characterizes the life histories of so many African-American capital defendants. Second, I propose that recognizing the role of this especially pernicious form of racism in the lives of capital defendants has significant implications for the way we estimate fairness (as opposed to parity) in our analyses of death sentencing. Chronic exposure to race-based, life-altering experiences in the form of biographical racism represents a profoundly important kind of “structural mitigation.” Because of the way our capital sentencing laws are fashioned, and the requirement that jurors must engage in a “moral inquiry into the culpability” of anyone whom they might sentence to die, this kind of mitigation provides a built-in argument against imposing the death penalty on African-American capital defendants. It is structured into their social histories by the nature of the society into which they have been born.

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

Document(s)

Dead Innocent: The Death Penalty Abolitionist Search for a Wrongful Execution.

By Jeffrey L. Kirchmeier / Tulsa Law Review, on 1 January 2006


2006

Article

United States


More details See the document

This article examines the debate about whether or not an innocent person has been executed in the United States. The article begins by discussing several famous historical claims of wrongful execution, including Sacco & Vanzetti, the Rosenbergs, and Bruno Hauptmann. Then, the article addresses some recent claims of wrongful executions, including the case of Larry Griffin and the impact of a 2006 DNA test in the Roger Coleman case. The article evaluates why some innocence claims attract more attention than others. By recognizing two obstacles in wrongful execution claims and by establishing five lessons for gaining media attention, the article uses its historical analysis to extract strategy lessons for death penalty abolitionists. Finally, the article weighs arguments regarding the pros and cons of an abolitionist strategy that focuses on proving the innocence of executed individuals. The article concludes that wrongful execution claims provide an important argument for abolitionists, but such claims should not be presented as the main or only problem with the death penalty.

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

Document(s)

Race Discrimination and the Legitimacy of Capital Punishment: Reflections on the Interaction of Fact and Perception

By George Woodworth / David C. Baldus / DePaul Law Review, on 1 January 2004


2004

Article

United States


More details See the document

The authors analyze data concerning race discrimination in capital sentencing and data regarding how the public perceives this issue. They conclude that race discrimination is not an inevitable feature of all death penalty systems. Before Furman v. Georgia was decided in 1972, widespread discrimination against black defendants marred the practice of capital punishment in America. According to studies cited by the authors, race-of-defendant discrimination has lessened since Furman. However, race-of-victim discrimination remains a significant factor in sentencing; defendants with white victims are at a significantly higher risk of being sentenced to death and executed than are defendants whose victims are black, Asian, or Hispanic. From 1976 to 2002, the proportion of white-victim cases among all murder and non-negligent manslaughter cases has ranged between 51% and 56%. However, 81% of executed defendants had white victims. Polling data indicate that the general public perceives only one form of race discrimination in the use of the death penalty – race-of-defendant discrimination – and that the public and elected officials may see racial discrimination as inevitable in the criminal justice system. Race of victim discrimination is a pervasive problem in the death penalty system. However, race discrimination is not inevitable. If serious controls were enacted to address this problem (such as those imposed in a few states) a fairer system could result.

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

Document(s)

International Legal Trends and the Mandatory Death Penalty in the Commonwealth Caribbean

By Saul Lehrfreund / Oxford University Commonwealth Law Journal, on 1 January 2001


2001

Article


More details See the document

Until the landmark decision of the Eastern Caribbean Court of Appeal in Hufhes and Spense v The Queen, the convetional wisdom was that the mandatory imposition of the death penalty could not be challenged in Commonwealth Caribbean countries as unconstitutional and that, in any event, the savings clauses contained in the constitutions would prevent any such challenge. As a consequence, the constitutional courts in the Commonwealth Caribbean are now being asked to consider a number of specific issues in relation to the mandatory death penalty: first, whether it is constitutional; and second, whether any chanllenges to the mandatory death penalty are barred by the savings clauses found to a varying degree, within each Caribbean constitution of and implications for global and regional developments are highly significant.

  • Document type Article
  • Themes list Mandatory Death Penalty,

Document(s)

The Prevalence and Potential Causes of Wrongful Conviction by Fingerprint Evidence.

By Simon A. Cole / Golden Gate University Law Review, on 1 January 2006


2006

Article

United States


More details See the document

As the number of post-conviction DNA exonerations mounted and the Innocence Project undertook to treat these exonerations as a data set indicating the principal causes of wrongful conviction, the absence of fingerprint cases in that data set could have been interpreted as soft evidence that latent print evidence was unlikely to contribute to wrongful convictions. That situation changed in 2004 when Stephan Cowans became the first – and thus far the only – person to be exonerated by DNA evidence for a wrongful conviction in which fingerprint evidence was a contributing factor. Cowans’s wrongful conviction in Boston in 1997 for the attempted murder of a police officer was based almost solely on eyewitness identification and latent print evidence. The Cowans case not only provided dramatic additional support for the already established proposition that wrongful conviction by fingerprint was possible, it also demonstrated why the exposure of such cases, when they do occur, is exceedingly unlikely. These points have already been made in a comprehensive 2005 study of exposed cases of latent print misattributions. In this article, I discuss some additional things that we have learned about the prevalence and potential causes of wrongful conviction by fingerprint in the short time since the publication of that study.

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

Document(s)

RECOMMENDATION 1302 (1996) on the abolition of the death penalty in Europe

By Council of Europe / Parlamentary Assembly, on 1 January 1996


1996

Regional body report


More details See the document

The Assembly recalls Recommendation 1246 (1994) on the abolition of capital punishment. It welcomes the decision of the Committee of Ministers of 16 January 1996 to encourage member states which have not abolished the death penalty to operate, de facto or de jure, a moratorium on the execution of death sentences.

  • Document type Regional body report
  • Themes list International law,

Document(s)

The Contradictions of American Capital Punishment

By Franklin E. Zimring / Oxford University Press, on 1 January 2003


2003

Book

United States


More details See the document

Why does the United States continue to employ the death penalty when fifty other developed democracies have abolished it? Why does capital punishment become more problematic each year? How can the death penalty conflict be resolved?In The Contradictions of American Capital Punishment, Frank Zimring reveals that the seemingly insoluble turmoil surrounding the death penalty reflects a deep and long-standing division in American values, a division that he predicts will soon bring about the end of capital punishment in our country. On the one hand, execution would seem to violate our nation’s highest legal principles of fairness and due process. It sets us increasingly apart from our allies and indeed is regarded by European nations as a barbaric and particularly egregious form of American exceptionalism. On the other hand, the death penalty represents a deeply held American belief in violent social justice that sees the hangman as an agent of local control and safeguard of community values.

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

Document(s)

The death penalty – Abolition in Europe

By Council of Europe / Peter Hodgkinson / Roger Hood / Michel Forst / Stefan Trechsel / Caroline Ravaud / Hans-Christian Kruger / Philippe Toussaint / Serguei Kovalev / Eric Prokosch / Renate Wohlwend / Roberto Toscano / Roberto Fico / Anatoly Pristavkin / Sergiy Holovatiy, on 8 September 1999


1999

Book

Czech Republic


More details See the document

Europe is the first continent in which the death penalty has been almost completely abolished. The Council of Europe has been Europe’s major defender of abolition and presently requires all countries seeking membership in its ranks to place a moratorium on the death penalty. This collection of texts by major European abolitionists includes voices from countries which have enjoyed abolition for many years, as well as from those where abolition has been a struggle against public opinion. Contributors from governments, universities and NGOs add their voices to that of the Council of Europe, explaining the achievements and the ground still to be covered in attaining total abolition in Europe. An introduction by a world expert on abolition, Roger Hood and a conclusion by Russia’s leading abolitionist Sergey Kovalev makes this volume a moving testament to the battle for abolition of the death penalty, which is already so well advanced in Europe. This collection also contains a detailed explanation of Protocol No. 6 to the European Convention on Human Rights, which deals specifically with abolition of the death penalty, as well as reports on various eastern European countries which have yet to attain complete abolitionist status.

  • Document type Book
  • Countries list Czech Republic
  • Themes list Trend Towards Abolition,

Document(s)

Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty

By Council of Europe, on 1 January 1983


1983

Regional body report

enenrufr
More details See the document

Document(s)

Remedying Wrongful Execution

By Meghan J. Ryan / University of Michigan, on 1 January 2011


2011

Article

United States


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The Article highlights that statutory compensation schemes overlook the case of Cameron Todd Willingham, executed in 2004, of wrongful execution and the greater injustice it entails and urges that the statutes be amended in light of this grievous wrong that has come to the fore of American criminal justice systems.

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

Document(s)

Execution and Invention: Death Penalty Discourse in Early Rabbinic and Christian Cultures

By Oxford University Press / Beth A. Berkowitz, on 1 January 2006


2006

Book


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In this book Beth Berkowitz tells the story of modern scholarship on the ancient rabbinic death penalty and continues the story by offering a fresh perspective using the approaches of ritual studies, cultural criticism, and talmudic source criticism. Against the scholarly consensus, Berkowitz argues that the rabbinic laws of the death penalty were used by the early Rabbis in their efforts to establish themselves in the wake of the destruction of the Temple. The purpose of the laws, she contends, was to create a complex ritual of execution that was controlled by the Rabbis, thus bolstering their claims to authority in the context of Roman imperial domination.

  • Document type Book
  • Themes list Religion ,

Document(s)

The Death Penalty: America’s Experience with Capital Punishment

By Ray Paternoster / Robert Brame / Oxford University Press / Sarah Bacon, on 8 September 2020


2020

Book

United States


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This book addresses one of the most controversial issues in the criminal justice system today—the death penalty. Paternoster et al. present a balanced perspective that focuses on both the arguments for and against capital punishment. Coverage draws on legal, historical, philosophical, economic, sociological, and religious points of view.

  • Document type Book
  • Countries list United States
  • Themes list Due Process , Public opinion, Country/Regional profiles,