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Document(s)

Video “Flight” – animation about death penalty in Belarus

By Viasna Human Rights Center, on 8 September 2020


2020

Academic report

Belarus


More details See the document

The animation film, created by talented volunteers of the campaign “Human Rights Defenders against Death Penalty”, dwells on the topic of the cruelty and inhumanity of the death penalty in Belarus. Our country is the last one in Europe and on the post-Soviet space where the death penalty is still used

  • Document type Academic report
  • Countries list Belarus
  • Themes list International law, Public debate,

Document(s)

Too Broken to Fix: Part II – An In-depth Look at America’s Outlier Death Penalty Counties

By Fair Punishment Project, on 8 September 2020


NGO report

United States


More details See the document

The trends are clear. In 2015, juries returned the fewest number of new death sentences—49—since the death penalty was reinstated in 1976.Of the 3,143 county or county equivalents in the United States, only 16—or one half of one percent—imposed five or more death sentences between 2010 and 2015.This report takes a close look at how capital punishment operates on the ground in half of these active death-sentencing counties. In Part II, we highlight Dallas (TX), Jefferson(AL), San Bernardino (CA), Los Angeles (CA), Orange (CA), Miami-Dade (FL),Hillsborough (FL), and Pinellas (FL) counties.Our review of these counties, like the places profiled in Part I, reveals thatthese counties frequently share at least three systemic deficiencies: a history ofoverzealous prosecutions, inadequate defense lawyering, and a pattern of racialbias and exclusion. These structural failings regularly produce two types of unjustoutcomes which disproportionately impact people of color: the wrongful convictionof innocent people, and the excessive punishment of persons who are young or sufferfrom severe mental illnesses, brain damage, trauma, and intellectual disabilities.

  • Document type NGO report
  • Countries list United States
  • Themes list Trend Towards Abolition, Country/Regional profiles,

Document(s)

The Death Penalty for Drug Offences: Foreign Nationals

By Harm Reduction International, on 1 January 2019


2019

NGO report


More details See the document
  • Document type NGO report
  • Themes list Drug Offences, Foreign Nationals, Death Penalty,

Document(s)

People’s Republic of China: The Death Penalty Log in 2000

By Amnesty International, on 8 September 2020


2020

NGO report

China


More details See the document

The Death Penalty Log gives available details of death sentences and executions occurring in China throughout 2000.

  • Document type NGO report
  • Countries list China
  • Themes list Statistics,

Document(s)

Justice Crucified: The Death Penalty in Saudi Arabia

By Reprieve, on 1 January 2015


2015

NGO report


More details See the document

The Reprieve’s report analyses data on prisoners currently on death row in Saudi Arabia. It finds that 72 per cent of those prisoners whose alleged offences Reprieve has been able to determine were sentenced to death for non-violent crimes, including attendance at political protests and drug offences. Reprieve has also established that many prisoners estimated to have been executed in Saudi Arabia, since January 2014, had been sentenced to death for non-violent offences.

  • Document type NGO report
  • Themes list Drug Offences, Country/Regional profiles,

Document(s)

Execution Watch: Mitt Romney’s ‘Foolproof’ Death Penalty Act and the Politics of Capital Punishment

By Russell G. Murphy / Suffolk University Law Review, on 8 September 2020


2020

Article

United States


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This article presents a legal and political analysis of the 2003 – 2005 effort of Governor Mitt Romney to make the death penalty available as a sentencing option in Massachusetts.

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

Document(s)

Counter terrorism in Kazakhstan: why the death penalty is no solution

By Penal Reform International, on 1 January 2013


2013

NGO report

en
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This report focuses on the death penalty for terrorism related offences, an issue that has exercised many countries. It looks at evolving standards and practice internationally and considers how Kazakhstan can meet its human rights obligations while countering terrorism and maintaining the security of its people.

Document(s)

The Death Penalty in Japan: An “Absurd” Punishment

By Joachim Herrmann / Brooklyn Law Review, on 8 September 2020


2020

Article

Japan


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This article outlines some of the main arguments against the death penalty in Japan.

  • Document type Article
  • Countries list Japan

Document(s)

Malawi : 22nd Session of the Working Group on the Universal Periodic Review

By World Coalition Against the Death Penalty / The Advocates for Human Rights, on 1 January 2014


2014

Multimedia content

Malawi


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This submission informs on Malawi’s international human rights obligations with regard to its use of the death penalty.This report will also examine and discussthe judicial process applied in cases involving punishment by the death penalty.

  • Document type Multimedia content
  • Countries list Malawi
  • Themes list Due Process , Death Penalty,

Document(s)

The right to life: A guide to the implementation of Article 2 of the European Convention on Human Rights

By Council of Europe / Douwe Korff / Directorate General of Human Rights, on 1 January 2006


2006

Working with...


More details See the document

This Handbook deals with the right to life, as guaranteed byArticle 2 of the European Convention on Human Rights, and with the case-law of the European Court of Human Rights under that article.

  • Document type Working with...
  • Themes list International law,

Document(s)

Death Penalty Cost

By Amnesty International - USA, on 8 September 2020


2020

Arguments against the death penalty

es
More details See the document

This factsheet deals with the cost of the death penalty in the United States using figures from a study conducted by the Californian Commission on the Fair Administration of Justice.

Document(s)

China’s death penalty: reforms on capital punishment

By Hong Lu / East Asian Institute (EAI), on 8 September 2020


Article

China


More details See the document

This paper covers the death penalty situation in China, which is, according to the author, unlikely to abolish the death penalty in the near future. China topped the world in the imposition of the death penalty in 2008, while wrongful convictions and erroneous executions have been found, despite China’s official policy to prevent excessive executions.

  • Document type Article
  • Countries list China
  • Themes list Juveniles, Capital offences, Legal Representation, Statistics, Country/Regional profiles,

Document(s)

Anti-death penalty group launches handbook

By Manila Bulletin, on 1 January 2018


2018

Article

Philippines


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The Catholic Bishops’ Conference of the Philippines-Episcopal Commission on Prison Pastoral Care, together with the Free Legal Assistance Group, the Commission on Human Rights, and other members of the Anti-Death Penalty Task Force, have launched a handbook opposing the capital punishment and the drug war.

  • Document type Article
  • Countries list Philippines
  • Themes list Drug Offences, Death Penalty,

Document(s)

Too Broken to Fix: Part I – An In-depth Look at America’s Outlier Death Penalty Counties

By Fair Punishment Project, on 8 September 2020


2020

NGO report

United States


More details See the document

The trends are clear. In 2015, juries returned the fewest number of new death sentences—49—since the death penalty was reinstated in 1976.Of the 3,143 county or county equivalents in the United States, only 16—or one half of one percent—imposed five or more death sentences between 2010 and 2015.This report takes a close look at how capital punishment operates on the ground in half of these active death-sentencing counties. In this first report, we dig deep into Caddo, Clark, Duval, Harris, Maricopa, Mobile, Kern, and Riverside counties. Our review reveals that these counties frequently share at least three systemic deficiencies: a history of overzealous prosecutions, inadequate defense lawyering, and a pattern of racial bias and exclusion. These structural failings regularly produce two types of unjust outcomes which disproportionately impact people of color: the wrongful conviction of innocent people, and the excessive punishment of persons who are young or suffer from severe mental illnesses, brain damage, trauma, and intellectual disabilities.

  • Document type NGO report
  • Countries list United States
  • Themes list Trend Towards Abolition, Country/Regional profiles,

Document(s)

Poster SWA – 2021 World Day Against the Death Penalty

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


2021

Campaigning

Women


More details Download [ pdf - 8373 Ko ]

Wanawake waliohukumiwa kunyongwa: Ukweli uliofichika

  • Document type Campaigning
  • Themes list Women

Document(s)

Poster 21st World Day Against the Death Penalty – Lingala

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


2023

World Coalition


More details Download [ pdf - 14445 Ko ]
  • Document type World Coalition

Document(s)

Poster JPN – 2021 World Day Against the Death Penalty

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


2021

Campaigning

Women


More details Download [ pdf - 8372 Ko ]

死刑を科された女性:その知られざる現実

  • Document type Campaigning
  • Themes list Women

Document(s)

No to the Death Penalty, No to Revenge

By YouTube, on 1 January 2008


2008

Working with...


More details See the document

A murder victim’s family member talks out about her opposition to the death penalty.

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

Document(s)

Poster DE – 2021 World Day Against the Death Penalty

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


2021

Campaigning

Women


More details Download [ pdf - 8373 Ko ]

Frauen in der Todeszelle: Ungesehene Realität

  • Document type Campaigning
  • Themes list Women

Document(s)

A Summary Report on Public Support for the Death Penalty in Ghana

By University of Cambridge / Peter Atupare Atudiwe, on 1 January 2014


2014

Academic report


More details See the document

This report provides evidence on public attitudes to the death penalty in Ghana, withan empirical focus on Accra.

  • Document type Academic report
  • Themes list Public opinion, Statistics,

Document(s)

Jeremy Irons talks about the death penalty

By Amnesty International, on 1 January 2007


2007

Arguments against the death penalty


More details See the document

This video features Jeremy Irons who speaks about the death penalty and arguements commonly made for it.

  • Document type Arguments against the death penalty
  • Themes list Networks,

Document(s)

Poster IT – 2021 World Day Against the Death Penalty

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


2021

Campaigning

Women


More details Download [ pdf - 8373 Ko ]

Donne condannate a morte: una realta’ invisibile

  • Document type Campaigning
  • Themes list Women

Document(s)

Travelling abroad? Beware the death penalty

By Reprieve / Emmanuelle Purdon , on 1 January 2011


2011

Campaigning


More details See the document

Many Britons abroad think that the local death penalty cannot be applied to them. Most would not know what to do if they got arrested. Yet well-meaning Britons can indeed find themselves facing execution, even if they are innocent.

  • Document type Campaigning
  • Themes list Foreign Nationals,

Document(s)

Opting for Real Death Penalty Reform

By James S. Liebman / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


More details See the document

The capital punishment system in the United States is broken. Studies reveal growing delays nationwide between death sentences and executions and inexcusably high rates of reversals and retrials of capital verdicts. The current system persistently malfunctions because it rewards trial actors, such as police, prosecutors, and trial judges, for imposing death sentences, but it does not force them either to avoid making mistakes or to bear the cost of mistakes that are made during the process. Nor is there any adversarial discipline imposed at the trial level because capital defendants usually receive appointed counsel who either do not have experience trying capital cases or who receive inadequate resources from the State to pay litigation expenses. Instead, the appellate system is forced to deal with large amounts of error, creating backlog and delays. This article proposes a radical trade-off for capital defendants in which they agree to give up existing post-conviction review rights in return for a real assurance of better qualified, higher quality trial counsel. This proposal will avoid the traps of window dressing reforms, save states a good bit of the expense of appellate review, and make the capital punishment system more fair, efficient, and effective.

  • Document type Article
  • Countries list United States
  • Themes list Legal Representation,

Document(s)

Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores

By International Federation for Human Rights (FIDH) / Mahfoudh Ould Bettah / Isabelle Gourmelon / Olivier Foks, on 1 January 2004


2004

NGO report

fr
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The report is damning, showing a system of justice which attaches little importance to regional and international instruments for the protection of human rights ratified by Chad. The case was conducted with a haste wholly incompatible with the respect for the right to a fair trial – proceedings exclusively for the prosecution, confessions obtained under torture, refusal to take account of evidence brought by the defence during the investigation, no lawyer present during the investigation stage. This iniquitous trial proves the hypothesis that justice has been manipulated in order to hide the true nature of a crime and the identity of its perpetrators, whilst securing the executions of persons judged undesirable.

Document(s)

Mental retardation and the death penalty

By Amnesty International, on 1 January 2001


2001

NGO report


More details See the document

This paper attempts to summarise the issues arising from the practice of executing prisoners who have mental retardation. It draws mainly on the US experience but makes reference to other jurisdictions.

  • Document type NGO report
  • Themes list Intellectual Disability,

Document(s)

The Role of International Law in United States Death Penalty Cases

By Sandra Babcock / Leiden Journal of International Law, on 1 January 2002


2002

Article

United States


More details See the document

The United States has repeatedly failed to notify detained foreign nationals of their rights to consular notification and access under Article 36 of the Vienna Convention on Consular Relations. In capital cases, US non-compliance with this ratified Treaty has led to litigation by foreign governments and individual lawyers in domestic courts and international tribunals. While these efforts have had mixed results in individual cases, litigation by Mexico, Germany and other actors has led to increased compliance with Article 36, and a growing recognition of the significance of US treaty obligations.

  • Document type Article
  • Countries list United States
  • Themes list Foreign Nationals,

Document(s)

Death by Geography: A County By County Analysis of the Road to Execution in California

By Natasha Minsker / Romy Ganschow / American Civil Liberties Union / Jeff Gillenkirk / Elise Banducci, on 1 January 2008


2008

NGO report


More details See the document

California’s death penalty is arbitary, unnecessary and a waste of critical resources. Whilst the vast majority of California’s counties have largely abandoned execution in favor of simply sentencing people to die in prison, 10 counties continue to aggressively sentence people to execution, accounting for nearly 85 percent of death sentences since 2000. California’s death penalty has become so arbitary that the county border, not the facts of the case, determines who is sentenced to execution and who is simply sentenced to die in prison. Pursuing executions provides no identifiable benefit to these counties but costs millions.

  • Document type NGO report
  • Themes list Country/Regional profiles,

Document(s)

Courting Death – The Supreme Court and Capital Punishment

By Carol S. Steiker / Jordan M. Steiker / Harvard University Press, on 8 September 2020


2020

Book

United States


More details See the document

While execution chambers remain active in several states in the United States, constitutional regulation has contributed to the death penalty’s new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.

  • Document type Book
  • Countries list United States
  • Themes list Death Penalty, Country/Regional profiles,

Document(s)

Perspectives on Capital Punishment in America

By CreateSpace Independent Publishing Platform / Charles E. MacLean, on 1 January 2013


2013

Book

United States


More details See the document

Searching inquiry into the contours of capital punishment in America. Containing over 1300 footnotes, the chapters by ten young scholars explore the sometimes-ignored fine details of the death penalty. Topics include the impropriety of applying the death penalty to felony murder, the implications of death row exonerations and their impact on access to post-conviction DNA testing, media impacts on capital cases, death qualification of capital juries and its impact on the right of prospective capital jurors to enjoy First Amendment protection of the free exercise of their religions, the fiscal conservative and social conservative argument favoring abolition of the death penalty, the need for a heightened standard of proof – greater than beyond a reasonable doubt – at the penalty phase of capital trials, federal habeas corpus protections for state-sentenced capital offenders and the constitutionality of limits on “actual innocence” equitable tolling, tips and techniques for capital defense counsel representing defendants who were acutely substance-impaired at the time of the crime or have a history of chronic substance abuse or chemical dependency, the impropriety of allowing counsel to argue fiscal matters to the jury, such as that either execution or life imprisonment is the “cheapest” option for society, and the role the death penalty should and does play within the Uniform Code of Military Justice.

  • Document type Book
  • Countries list United States
  • Themes list Due Process ,

Document(s)

The defense has the floor – 2020 World Day

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


2020

Academic report

fr
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On the occasion of the 2020 World Day, the World Coalition Against the Death Penalty has compiled testimonies from those for whom access to counsel is a matter of life or death.

Document(s)

HANDS OFF CAIN’S 2015 REPORT. The Most Important Facts of 2014 (And the First Six Months of 2015)

By HANDS OFF CAIN, on 8 September 2020


NGO report


More details See the document

The 2015 HANDS OFF CAIN’s Report analyses the current status of executions around the world, providing detailed regional overviews. The Report confirms the worldwide trend towards abolition, even though the death penalty is still applied for violent and non-violent crimes, as in the contexts of the “war on drugs” and the “war on terror”.

  • Document type NGO report
  • Themes list Trend Towards Abolition, Death Penalty, Country/Regional profiles,

Document(s)

The Failure of Mitigation?

By Robert J. Smith / Hastings Law Journal, on 1 January 2014


2014

Article

United States


More details See the document

A vast literature details the crimes that condemned inmates commit, but very little is known about the social histories of these capital offenders. For example, how many offenders possessed mitigating characteristics that demonstrate intellectual or psychological deficits comparable to those shared by classes of offenders categorically excluded from capital punishment? Did these executed offenders suffer from intellectual disability, youthfulness, mental illness, or childhood trauma? The problem with this state of affairs is that the personal characteristics of the defendant can render the death penalty an excessive punishment regardless of the characteristics of the crime. This Article begins to fill the mitigation knowledge gap by describing the social histories of the last hundred offenders executed in America. Scouring state and federal court records, this Article documents the presence of significant mitigation evidence for eighty-seven percent of executed offenders. Though only a first step, our findings suggest the failure of the Supreme Court’s mitigation project to ensure the only offenders subjected to a death sentence are those with “a consciousness materially more depraved” than that of the typical murderer. Indeed, the inverse appears to be true: the vast majority of executed offenders possess significant functional deficits that rival — and perhaps outpace — those associated with intellectual impairment and juvenile status; defendants that the Court has categorically excluded from death eligibility.

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

Document(s)

Death Penalty and Arbitrariness

By Amnesty International - USA, on 8 September 2020


2020

Arguments against the death penalty


More details See the document

This sheet details the factors which contribute to the arbitrariness of the death penalty in the USA.

  • Document type Arguments against the death penalty
  • Themes list Arbitrariness,

Document(s)

Death Penalty Information Pack

By Penal Reform International , on 1 January 2014


2014

NGO report


More details See the document

PRI information pack on the state of the death penalty in 2014: international trends toward abolition; moratorium; the death penalty for the “most serious crimes”; right to a fair trial; mandatory death penalty; conditions of imprisonment; clemency; execution; transparency; deterrence; public opinion; victims’ rights.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Ghana: Briefing on death penalty

By Amnesty International, on 1 January 2000


2000

NGO report

fres
More details See the document

As the Presidential elections approach in Ghana, Amnesty International is renewing its call for steps towards abolishing the death penalty, after seven years without any executions. This document describes the current use of the death penalty, giving details of those currently under sentence of death and describing the death penalty under Ghanaian law and international law

Document(s)

Death Penalty India Report – Volume 1

By Anup Surendranath / National Law University, New Delhi Press, on 8 September 2020


2020

NGO report

India


More details See the document

This project sought to answer questions regarding the socio-economic profile of prisoners sentenced to death in India while looking into the process of death sentencing in itself. By means of meaningful statistics and case studies, this report manages to enlighten some aspects of the death penalty in India which are generally not fully explored and triggers a sociological discussion on these thorny issues that goes beyond the legal analysis of Supreme Court judgments.

Chapters:
1) Coverage of the project
2) Durations on death row
3) Nature of crimes
4) Socio-economic profile
5) Legal assistance

Link to Volume 2: http://www.worldcoalition.org/resourcecentre/document/id/1463669874

  • Document type NGO report
  • Countries list India
  • Themes list Discrimination, Country/Regional profiles,

Document(s)

Emerging Issues in Juvenile Death Penalty Law

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


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)

Death Penalty in India: Annual Statistics Report 2020

By Project 39A, on 1 January 2020


2020

Academic report

India


More details See the document

The ‘Death Penalty in India: Annual Statistics’ attempts to create a comprehensive year-by-year documentation of movements in the death row population in India. The publication tracks important political and legal developments in the administration of the death penalty and the criminal justice system in the year 2020.

  • Document type Academic report
  • Countries list India

Document(s)

Europe – A Death Penalty Free Zone: Commentary and Critique of Abolitionist Strategies

By Peter Hodgkinson / Ohio Northern University Law Review, on 8 September 2020


2020

Article


More details See the document

The purpose of this paper is to offer a critique and commentary on the European agenda on the abolition of the death penalty, and in so doing the author has relied heavily on the contributions made by a number of commentators to the recent Council of Europe publication, “The Death Penalty: Abolition in Europe”.

  • Document type Article
  • Themes list International law, Trend Towards Abolition,

Document(s)

Halting the Death Penalty in Divine Hodud Punishments from a Practical Expediency Perspective

By Human Rights & Democracy for Iran, on 1 January 2017


2017

NGO report


More details See the document

Abdorrahman Boroumand Foundation and Various Iranian Religious AuthoritiesAbdorrahman Boroumand FoundationNovember 16, 2017Report

  • Document type NGO report
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Penalty, Country/Regional profiles,

Document(s)

Educational Curriculum on the Death Penalty Classroom Resource Manual

By Death Penalty Information Center, on 1 January 2003


2003

Campaigning


More details See the document

This web site and its accompanying materials are designed to assist both teachers and students in an exploration of capital punishment, presenting arguments for and against its use, as well as issues of ethics and justice that surround it.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Press article: reporting the death penalty

By Ensemble contre la peine de mort (ECPM), on 1 January 2017


2017

NGO report


More details See the document
  • Document type NGO report
  • Themes list Public debate, Member organizations, Death Penalty,

Document(s)

Drugs and the Death Penalty

By Patrick Gallahue / Open Society Foundations, on 1 January 2015


2015

NGO report


More details See the document

Experience has proved that for certain governments it is not easy to balance international drug laws with human rights, public health, alternatives to incarceration, and experimentation with regulation.This Report intends to provide a primer on why governments must not turn a blind eye to pressing human rights and public health impacts of current drug policies.

  • Document type NGO report
  • Themes list Drug Offences,

Document(s)

Minority Practice, Majority’s Burden: The Death Penalty Today

By James S. Liebman / Peter Clarke / Columbia School of Law, on 1 January 2011


2011

Article

United States


More details See the document

This article explores how, capital punishment in the United States is a minority practice. This feature of American capital punishment has become more pronounced recently, and is especially clear when death sentences, which are merely infrequent, are distinguished from executions, which are exceedingly rare.

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

Document(s)

Briefing Paper on the death penalty in Middle East & North Africa

By Penal Reform International, on 8 September 2020


2020

Academic report


More details See the document

NGO coalition report submitted to the Office of the United Nations High Commissioner on Human Rights

  • Document type Academic report

Document(s)

Death Row’s Children: Pakistan’s Unlawful Executions of Juvenile Offenders

By Justice Project Pakistan, on 1 January 2017


2017

NGO report


More details See the document

On 16 December 2014, the Government of Pakistan lifted a six-year de facto moratorium on the death penalty. Whilst the Government claims that the lifting of the moratorium is designed to curb terrorism, an analysis of the 423 executions that have taken place till February 2017 reveals that the death penalty has disproportionately impacted the most vulnerable of all populations including juvenile offenders. Even though Pakistan’s international obligations and domestic laws prohibit sentencing juvenile offenders to death, at least 6 have been executed in the past two years.Through this report, the Justice Project Pakistan highlights the fundamental weaknesses under Pakistan’s juvenile justice system that lead to the unlawful and arbitrary implementation of the death penalty against juvenile offenders.

  • Document type NGO report
  • Themes list Juveniles, Fair Trial, International law, Cruel, Inhuman and Degrading Treatment and Punishment, Death Penalty, Country/Regional profiles,

Document(s)

Dehumanized: The Prison Conditions of People Sentenced to Death in Indonesia

By Ensemble contre la peine de mort (ECPM) / Kontras / Carole Berrih, on 1 January 2019


2019

NGO report

en
More details See the document

Although much research has been carried out into the administration of justice in death penalty cases in Indonesia, there is little research into the conditions of detention of the men and women sentenced to death in that country. This study is one of the first to focus on the conditions of detention of death row prisoners in Indonesia. This report aims to give a voice to the men and women on death row in Indonesia and to their families, while documenting their situation.

Document(s)

Blind Justice: Juries Deciding Life and Death With Only Half the Truth

By Death Penalty Information Center / Richard C. Dieter, on 1 January 2005


2005

NGO report


More details See the document

Blind Justice is a report which focuses on the problems of the death penalty from the perspective of jurors. While jurors have always occupied an esteemed position in the broader criminal justice system in the United States, in capital cases the responsibility of jurors is even more critical as they decide whether defendants should live or die. Even with this unique authority in capital cases, they are treated less than respectfully. Frequently, they are kept in the dark regarding key information about the case and are often barred from serving based on their beliefs or their race.

  • Document type NGO report
  • Themes list Networks,

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)

The International Library of Essays on Capital Punishment, Volume 3 : Policy and Governance

By Peter Hodgkinson / Ashgate Publishing, on 8 September 2020


2020

Book


More details See the document

This volume provides analyses of a range of subjects and issues in the death penalty debate, from medicine to the media. The essays address in particular the personal complexities of those involved, a fundamental part of the subject usually overridden by the theoretical and legal aspects of the debate. The unique personal vantage offered by this volume makes it essential reading for anyone interested in going beyond the removed theoretical understanding of the death penalty, to better comprehending its fundamental humanity. Additionally, the international range of the analysis, enabling disaggregation of country specific motivations, ensures the complexities of the death penalty are also considered from a global perspective.

  • Document type Book
  • Themes list Death Penalty,

Document(s)

The Ride: A Shocking Murder and a Bereaved Father’s Journey from Rage to Redemption

By Brian MacQuarrie , on 1 January 2012


2012

Arguments against the death penalty


More details See the document

The Ride tells the true story of one of the most gruesome crimes in recent memory—the 1997 abduction and murder of ten-year-old Massachusetts resident Jeffrey Curley—and how his father, Bob Curley, managed to heal the deep wounds of rage and emerge to become an outspoken critic of the death penalty.In vivid, compelling prose, Boston Globe reporter Brian MacQuarrie recounts the brutal crime that shocked New England and chronicles what transpires after Jeffrey’s death, which is nearly as shocking as the crime itself. At the heart of this deeply touching story is the way Bob Curley summons the almost superhuman courage to reject the death penalty. In tracing his personal journey, The Ride presents an appealing everyman hero forced into the spotlight by unfathomable circumstances, and compelled to confront the consequences of his fury.

  • Document type Arguments against the death penalty
  • Themes list Public opinion, Murder Victims' Families, Death Penalty,

Document(s)

Stakeholder Submission to the United Nations Universal Periodic Review on the United States

By The Advocates for Human Rights / Puerto Rican Coalition against the Death Penalty / Greater Caribbean For Life, on 1 January 2014


2014

NGO report


More details See the document

This submission addresses the United States’ compliance with its human rights obligations with regard to its use of the death penalty. This submission concludes that the United States, in continuing to allow a sentence of death, does not guarantee its citizens adequate protection against cruel and unusual punishment, freedom from discrimination, rights to life, liberty and security of person, due process, and equal protection. It also is failing to provide an adequate remedy for those whose rights are violated.

  • Document type NGO report
  • Themes list Due Process , Right to life, Cruel, Inhuman and Degrading Treatment and Punishment, Innocence, Discrimination, Foreign Nationals, Lethal Injection, Country/Regional profiles,

Document(s)

The Decline of the Judicial Override

By Ben Cohen / Michael L. Radelet / Annual Review of Law and Social Science, on 1 January 2019


2019

Academic report


More details See the document

This article discusses the role of judges in death determinations, identifying jurisdictions that initially (post-1972) allowed judge sentencing and naming the individuals who today remain under judge-imposed death sentences. The decisions guaranteeing a jury determination have so far been applied only to cases that have not undergone initial review in state courts. Key questions remain unresolved, including whether the evolving standards of decency permit the execution of more than 100 individuals who were condemned to death by judges without a jury’s death verdict before implementation of the rules that now require unanimous jury votes.

  • Document type Academic report
  • Themes list Due Process , Fair Trial,

Document(s)

Gall, Gallantry, and the Gallows: Capital Punishment and the Social Construction of Gender, 1840-1920

By Gender and Society / Alana van Gundy-Yoder, on 1 January 2008


2008

Article

United States


More details See the document

In this article, the authors examine how the debate over women’s executions during the nineteenth and early twentieth century funneled and in various ways processed the contrary demands of gender and capital justice. They show how encounters with capital punishment both reflected and reinforced dominant interpretations of womanhood and as such contributed to the intricate web of normative strictures that affected all women at the time. At the same time, however, the often heated debates that accompanied such cases pried open some of the contradictions inherent in the dominant interpretations and, as a result, came to challenge the boundaries that separated not only women from men but also women from each other. Rather than viewing gender as a unidirectional influence on capital punishment, the authors argue that gender is best approached as an evolving social category that gets reconstructed, modified, and transformed whenever it is implicated in social practices and public debates.

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

Document(s)

International Covenant on Civil and Political Rights

By United Nations, on 1 January 1966


1966

United Nations report

esruzh-hantarfr
More details See the document

Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Document(s)

Detailed Factsheet on Death Penalty and Poverty

By World Coalition Against the Death Penalty, on 1 January 2017


2017

Multimedia content

fr
More details Download [ pdf - 612 Ko ]

Detailed information on the death penalty and poverty.

Document(s)

New opinion study shows Zimbabwean public ready to accept death penalty abolition

By Death Penalty Project, on 1 January 2018


2018

NGO report


More details See the document

Today, The Death Penalty Project, in partnership with Veritas, launches “12 Years Without an Execution: Is Zimbabwe Ready for Abolition?” a national public opinion study, providing for the first time comprehensive and contextualised data on public attitudes towards the death penalty in Zimbabwe – a country that has not carried out any executions in over 12 years.

  • Document type NGO report
  • Themes list Public opinion, Public debate, Death Penalty, Country/Regional profiles,

Document(s)

Death Penalty India Report – Volume 2

By Anup Surendranath / National Law University, New Delhi Press, on 8 September 2020


2020

NGO report

India


More details See the document

This project sought to answer questions regarding the socio-economic profile of prisoners sentenced to death in India while looking into the process of death sentencing in itself. By means of meaningful statistics and case studies, this report manages to enlighten some aspects of the death penalty in India which are generally not fully explored and triggers a sociological discussion on these thorny issues that goes beyond the legal analysis of Supreme Court judgments.

Chapters:
6) Experience in custody
7) Trial and appeals
8) Living on death row
9) Seeking mercy
10) Impact

Link to Volume 1: http://www.worldcoalition.org/resourcecentre/document/id/1462890615

  • Document type NGO report
  • Countries list India
  • Themes list Discrimination, Country/Regional profiles,

Document(s)

2018 Death Penalty report: Saudi Arabia’s False Promise

By European Saudi Organisation for Human Rights, on 1 January 2019


2019

NGO report


More details See the document

The European Saudi organisation for Humans Rights published its 2018 report on the use of the death penalty in the Saudi Kingdom. It points an authoriatiran drift within the increase of the political use of the capital sentence against activists, women and clerics.

  • Document type NGO report
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Arbitrariness, Death Penalty,

Document(s)

Korean : Death Penalty: Another Murder

By Amnesty International, on 8 September 2020


2020

Academic report

Republic of Korea


More details See the document

For 15 years there have been no executions in South Korea. The film focuses mainly on South Korea through the stories of those directly affected by the death penalty and others outside the country who argue the case for abolition from the perspective of victims’ families, Renny Cushing, Murder Victims Families for Human Rights. It includes testimony from those sentenced to death, a prison warden, the former President of South Korea, Kim Dae Jung, a former prisoner of conscience who was himself sentenced to death and who introduced a moratorium during his presidency. No executions have taken place in South Korea since former President Kim Dae Jung announced his decision. In September South Korea celebrated 5,000 days with no executions.

  • Document type Academic report
  • Countries list Republic of Korea
  • Themes list Country/Regional profiles,

Document(s)

The Deprived: Innocent On Death Row

By Steffen Hou / BookBaby, on 1 January 2019


2019

Book

United States


More details See the document

The book describes how thousands of Americans are convicted of crimes they never committed. Many of them end up on death row where inmates have been executed despite their innocence. ‘The Deprived’ is based on interviews with 10 Americans who have all been affected by wrongful convictions and the death penalty. The book also describes what leads to wrongful convictions in America and who’s most likely to be convicted of a crime they never committed.

  • Document type Book
  • Countries list United States
  • Themes list Innocence, World Coalition Against the Death Penalty,

Document(s)

Death Row – The Final Minutes

By Blink Publishing / Michelle Lyons, on 8 September 2020


2020

Book

United States


More details See the document

First as a reporter and then as a spokesperson for the Texas Department of Criminal Justice, Michelle was a frequent visitor to Huntsville’s Walls Unit, where she recorded and relayed the final moments of death row inmates’ lives before they were put to death by the state.Michelle was in the death chamber as some of the United States’ most notorious criminals, including serial killers, child murderers and rapists, spoke their last words on earth, while a cocktail of lethal drugs surged through their veins.

  • Document type Book
  • Countries list United States
  • Themes list Right to life, Death Penalty,

Document(s)

In the Executioner’s Shadow

By Maggie Burnette Stogner, on 8 September 2020


Multimedia content

United States


More details See the document

What would you do if someone you love was raped, tortured, or murdered? How would you seek justice? The very thought evokes horror— we shudder to even consider it. But it is a reality faced by Vicki and Syl Scheiber after their daughter’s rape and murder; faced by Karen Brassard in the traumatic aftermath of the Boston Marathon bombing; faced by former Virginia state executioner Jerry Givens after performing 62 executions.As wrongful convictions, botched executions, and a broken justice system inch further into the spotlight, we must consider: What is justice? What part should the death penalty play?In the Executioner’s Shadow allows a glimpse into Jerry’s rarely seen world of death row and execution. It explores Karen’s moral conflict as she attends the accused bomber’s trial, a young man the same age as her son. It defies our perception of justice as Vicki and Syl fight for the life of their daughter’s murderer.In the Executioner’s Shadow illuminates the oft hidden realities entangled in death row, the death penalty, and the U.S. Justice system at large.

  • Document type Multimedia content
  • Countries list United States
  • Themes list Public opinion, Death Penalty, Country/Regional profiles,

Document(s)

THE MOST IMPORTANT FACTS OF 2006 (and the first seven months of 2007)

By HANDS OFF CAIN, on 1 January 2007


2007

NGO report

en
More details See the document

The worldwide situation to date: The worldwide trend towards abolition, underway for at least a decade, was again confirmed in 2006 and the first six months of 2007. There are currently 146 countries and territories that to different extents have decided to renounce the death penalty. Of these, 93 are totally abolitionist, 9 are abolitionist for ordinary crimes, 1 (Russia) is committed to abolishing the death penalty as a member of the Council of Europe and currently observes a moratorium on executions, 4 have a moratorium on executions in place and 39 are de facto abolitionist (i.e. – no executions have taken place in the last ten years).

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


2020

NGO report

China

eszh-hantfrruar
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)

The Advocacy Handbook: A Guide to Implementing Recommendations of the Criminal Justice/Mental Health Consensus Project

By Council of State Governments Justice Center, on 1 January 2006


2006

Campaigning


More details See the document

A how-to guide for advocates who want to improve the response to people with mental illnesses who are in contact with the criminal justice system. The Advocacy Handbook reflects a shared effort among NAMI (the National Alliance for the Mentally Ill), the National Mental Health Association (NMHA), the National Association of State Mental Health Program Directors (NASMHPD), the Bazelon Center for Mental Health Law, and the Criminal Justice / Mental Health Consensus Project.

  • Document type Campaigning
  • Themes list Networks,

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)

Death Penalty Trends

By Amnesty International - USA, on 1 January 2013


2013

Arguments against the death penalty


More details See the document

This sheet speaks about the trend towards abolition of the death penalty, aswell as declining public support for it.

  • Document type Arguments against the death penalty
  • Themes list Trend Towards Abolition,

Document(s)

Death Penalty and Innocence

By Amnesty International - USA, on 8 September 2020


2020

Arguments against the death penalty


More details See the document

This webpage talks about innocence and the death penalty: Examples of innocence in three cases in the United States and factors leading to wrongful conviction.

  • Document type Arguments against the death penalty
  • Themes list Innocence,

Document(s)

Forensic Mental Health: Assessments in Death Penalty Cases

By Oxford University Press / David DeMatteo / Daniel C. Murrie / Natalie M. Anumba / Michael E. Keesler, on 1 January 2011


2011

Book

United States


More details See the document

Forensic mental health assessments in death penalty cases are on the rise due in part to the continuing growth of forensic psychology and psychiatry as professions, combined with several recent U.S. Supreme Court decisions. Forensic mental health professionals are now conducting assessments at every stage of death penalty proceedings, ranging from pre-trial evaluations to determine eligibility for the death penalty to evaluations conducted post-sentencing and closer to the date of execution.

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

Document(s)

Death penalty ‘traumatises jail warders’

By Daily Nation, on 1 January 2011


Arguments against the death penalty


More details See the document

The men who lead death row inmates to the gallows are traumatised on surrendering a prisoner to the hangman. This was told at a meeting of judges, commissioners of prisons and legal practitioners from East Africa on the death penalty in Nairobi.

  • Document type Arguments against the death penalty
  • Themes list Retribution, Death Row Conditions, Sentencing Alternatives,

Document(s)

Infographic: Death Penalty in California

By California Innocence Project, on 1 January 2013


2013

Lobbying


More details See the document

The death penalty in the state of California continues to be a major focus, due in part to the burden it places on tax payers. Our goal with this infographic was to examine the facts, and the facts alone. Even though Proposition 34 did not pass in the most recent election, this issue will continue to be argued and remain a pressing issue, especially during difficult economic times.

  • Document type Lobbying
  • Themes list Minorities, International law, Public debate,

Document(s)

Racial Differences in Death Penalty Support and Opposition: A Preliminary Study of White and Black College Students

By Morris Jenkins / Eric G. Lambert / David N. Baker / Journal of Black Studies, on 1 January 2005


2005

Article

United States


More details See the document

Although the death penalty has a long history, it is not without debate and differing views. There appears to be a gap between Whites and Blacks in terms of their support of capital punishment. Students at a Midwestern university were surveyed to determine whether there were differences between the two groups of students in reasons to support or oppose the death penalty. In bivariate tests, there were significant differences between White and Black students on 15 of 16 measures for reasons for supporting or opposing capital punishment. These differences continued for 10 of the 16 measures even after multivariate analysis controlled for the effects of gender, age, and academic level. The results are discussed.

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

Document(s)

Death Penalty Trends in Asia Have Possible Implications for China

By Dui Hua Human Rights Journal , on 1 January 2011


2011

Article


More details See the document

This article analyses the latest controversy over the use of the death penalty that erupted not in mainland China but across the strait in Taiwan. In January, the defense ministry there was forced to issue a public apology for a wrongful execution in 1997, followed in early March by the execution of five prisoners without notifying their families.

  • Document type Article
  • Themes list Networks,

Document(s)

Affront to Justice: Death Penalty in Saudi Arabia

By Amnesty International, on 1 January 2008


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)

Death Penalty for Female Offenders

By Victor Streib / Ohio Northern University, on 1 January 2009


2009

Article

United States


More details See the document

The data herein are updated as often and as quickly as possible, with the last date of entry noted on the cover page. However, given the difficulty of gathering complete information from all jurisdictions and as soon as cases develop, these reports may under-report the number of female offenders under death sentences. The subjects of these reports are female offenders sentenced to death. They are not all referred to as women, since some were as young as age fifteen at the time of their crimes. However, no such very young female offenders are currently under death sentences. —- See bottom left hand corner of web page.

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

Document(s)

Poster 21st World Day Against the Death Penalty – Akan

on 10 July 2023


2023

Campaigning

World Coalition


More details Download [ pdf - 14499 Ko ]
  • Document type Campaigning / World Coalition

Document(s)

Poster 21st World Day Against the Death Penalty – Urdu

on 10 July 2023


Campaigning

World Coalition


More details Download [ pdf - 14499 Ko ]
  • Document type Campaigning / World Coalition

Document(s)

Kit for Cities Against the Death Penalty – 2015

By Community of Saint Egidio, on 8 September 2020


2020

Academic report

fres
More details Download [ pdf - 341 Ko ]

Document(s)

Leaflet Cities Against the Death Penalty

By Community of Saint Egidio, on 1 January 2012


2012

Campaigning

esfr
More details Download [ pdf - 326 Ko ]

Document(s)

Kit for Cities Against the Death Penalty

By Community of Saint Egidio, on 1 January 2012


Campaigning

esfr
More details Download [ msword - 324 Ko ]

Document(s)

Poster 21st World Day Against the Death Penalty – Luganda

on 10 July 2023


2023

Campaigning

World Coalition


More details Download [ pdf - 14504 Ko ]
  • Document type Campaigning / World Coalition

Document(s)

Poster 21st World Day Against the Death Penalty – Italian

on 10 July 2023


Campaigning

World Coalition


More details Download [ pdf - 49299 Ko ]
  • Document type Campaigning / World Coalition

Document(s)

Poster 21st World Day Against the Death Penalty – Swahili

on 10 July 2023


Campaigning

World Coalition


More details Download [ pdf - 14504 Ko ]
  • Document type Campaigning / World Coalition

Document(s)

Poster 21st World Day Against the Death Penalty – traditional Chinese

on 10 July 2023


Campaigning

World Coalition


More details Download [ pdf - 49239 Ko ]
  • Document type Campaigning / World Coalition

Document(s)

Poster 21st World Day Against the Death Penalty – German

on 10 July 2023


Campaigning

World Coalition


More details Download [ pdf - 14504 Ko ]
  • Document type Campaigning / World Coalition

Document(s)

Poster 21st World Day Against the Death Penalty – Japanese

on 10 July 2023


Campaigning

World Coalition


More details Download [ pdf - 14426 Ko ]
  • Document type Campaigning / World Coalition

Document(s)

Capital Punishment A Hazard to a Sustainable Criminal Justice System?

By Ashgate Publishing / Lill Scherdin, on 8 September 2020


2020

Book


More details See the document

This book questions whether the death penalty in and of itself is a hazard to a sustainable development of criminal justice. As most jurisdictions move away from the death penalty, some remain strongly committed to it, while others hold on to it but use it sparingly. This volume seeks to understand why, by examining the death penalty’s relationship to state governance in the past and present. It also examines how international, transnational and national forces intersect in order to understand the possibilities of future death penalty abolition.The chapters cover the USA – the only western democracy that still uses the death penalty – and Asia – the site of some 90 per cent of all executions. Also included are discussions of the death penalty in Islam and its practice in selected Muslim majority countries. There is also a comparative chapter departing from the response to the mass killings in Norway in 2011. Leading experts in law, criminology and human rights combine theory and empirical research to further our understanding of the relationships between ways of governance, the role of leadership and the death penalty practices.

  • Document type Book
  • Themes list Due Process , International law, Trend Towards Abolition,

Document(s)

Matters of Judgment

By National Law University, New Delhi Press, on 1 January 2017


2017

Academic report


More details See the document

The aim of this study was to explore the opinions of former judges of the Supreme Court of India on the death penalty and more generally on the state of India’s criminal justice system as far as it was relevant to the death penalty. The study did not focus on the position that former judges took on the death penalty but was instead interested in understanding the reasons they saw for both abolition and retention. In addition to exploring those reasons, the study also wanted to map the understanding of the ‘rarest of rare’ doctrine among former judges and get insights into the manner in which judicial discretion is exercised in death penalty cases. Finally, we wanted to locate all these discussions on the death penalty in the context of an evaluation of the criminal justice system by the former judges.

  • Document type Academic report
  • Themes list Networks, Death Penalty, Country/Regional profiles,

Document(s)

The Death Penlty In 2011: Year End Report

By Death Penalty Information Center / Richard C. Dieter, on 1 January 2011


2011

International law - Regional body


More details See the document

The number of new death sentences dropped dramatically in 2011, falling below 100 for the first time in the modern era of capital punishment. Executions also continued decline, while developments in a variety of states illustrated the growing discomfort that many Americans have with the death penalty.

  • Document type International law - Regional body
  • Themes list Trend Towards Abolition,

Document(s)

Mercy By the Numbers: An Empirical Analysis of Clemency and Its Structure

By Michael Heise / Virginia Law Review, on 1 January 2003


2003

Article

United States


More details See the document

Clemency is an extrajudicial measure intended both to enhance fairness in the administration of justice, and allow for the correction of mistakes. Perhaps nowhere are these goals more important than in the death penalty context. The recent increased use of the death penalty and concurrent decline in the number of defendants removed from death row through clemency call for a better and deeper understanding of clemency authority and its application. Questions about whether clemency decisions are consistently and fairly distributed are particularly apt. This study uses 27 years of death penalty and clemency data to explore the influence of defendant characteristics, political factors, and clemency’s structure on clemency decisions. The results suggest that although a defendant’s race and ethnicity did not influence clemency, gender did play a role, as women were far more likely than their male counterparts to receive clemency. Analyses of political and structural factors point in different directions. Political factors such as the timing of gubernatorial and presidential elections and a governor’s lame-duck status did not systematically influence clemency. However, how states structure clemency authority did make a difference. Clemency grants were more likely in states that vest authority in administrative boards than in states that vest authority in the governor. Regionality and time were also important as clemency grants were less likely in southern states and declined after 1984. Overall, these mixed results contribute to a critique that clemency decisions are arbitrary and inconsistent. Thus, important questions regarding fairness that plague earlier aspects of the death penalty process persist to its final stage.

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

Document(s)

Death and Deterrence Redux: Science, Law and Causal Reasoning on Capital Punishment

By Jeffrey Fagan / Ohio State Journal of Criminal Law, on 1 January 2006


2006

Article

United States


More details See the document

A recent cohort of studies report deterrent effects of capital punishment that substantially exceed almost all previous estimates of lives saved by execution. Some of the new studies go further to claim that pardons, commutations, and exonerations cause murders to increase, as does trial delay. This putative life-life tradeoff is the basis for claims by legal academics and advocates of a moral imperative to aggressively prosecute capital crimes, brushing off evidentiary doubts as unreasonable cautions that place potential beneficiaries at risk of severe harm. Challenges to this “new deterrence” literature find that the evidence is too unstable and unreliable to support policy choices on capital punishment. This article identifies numerous technical and conceptual errors in the “new deterrence” studies that further erode their reliability: inappropriate methods of statistical analysis, failures to consider several factors such as drug epidemics that drive murder rates, missing data on key variables in key states, the tyranny of a few outlier states and years, weak to non-existent tests of concurrent effects of incarceration, inadequate instruments to disentangle statistical confounding of murder rates with death sentences and other punishments, failure to consider the general performance of the criminal justice system as a competing deterrent, artifactual results from truncated time frames, and the absence of any direct test of the components of contemporary theoretical constructions of deterrence. Re-analysis of one of the data sets shows that even simple adjustments to the data produce contradictory results, while alternate statistical methods produce contrary estimates. But the central mistake in this enterprise is one of causal reasoning: the attempt to draw causal inferences from a flawed and limited set of observational data, the absence of direct tests of the moving parts of the deterrence story, and the failure to address important competing influences on murder. There is no reliable, scientifically sound evidence that pits execution against a robust set of competing explanations to identify whether it exerts a deterrent effect that is uniquely and sufficiently powerful to overwhelm the recurring epidemic cycles of murder. This and other rebukes remind us to invoke tough, neutral social science standards and commonsense causal reasoning before expanding the use of execution with its attendant risks and costs.

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

Document(s)

Furman Fundamentals

By Corinna Barrett Lain / Washington Law Review, on 1 January 2007


2007

Article

United States


More details See the document

For the first time in a long time, the Supreme Court’s most important death penalty decisions all have gone the defendant’s way. Is the Court’s new found willingness to protect capital defendants here to stay? Or is it a passing fancy that will dissipate in less hospitable times? At first glance, history allows for optimism. Furman v. Georgia, the 1972 landmark that invalidated the death penalty, provides a seemingly perfect example of the Court’s ability and inclination to protect capital defendants when no one else will. Furman looks countermajoritarian, scholars have claimed it was countermajoritarian, and even the Justices saw themselves as playing a heroic, countermajoritarian role in the case. But the lessons of Furman are not what they seem. Rather than proving the Supreme Court’s ability to withstand majoritarian influences, Furman teaches the opposite – that even in its more countermajoritarian moments, the Court never strays far from dominant public opinion, tending instead to reflect the social and political movements of its time. This Article examines the historical context of Furman v. Georgia and its 1976 counterpart, Gregg v. Georgia, to highlight a fundamental flaw in the Supreme Court’s role as protector of minority rights: its inherently limited inclination and ability to render countermajoritarian change. In theory, the Court might protect unpopular minorities, but in practice it is unlikely to do so unless a substantial (and growing) segment of society supports that protection. Even then, Furman reminds us that the Court’s “help” may do more harm than good. If the past truly is a prologue, Furman portends that the Court’s current interest in restricting the death penalty will not last forever. Like the fair-weather friend, the Court’s protection will likely be there in good times but gone when needed the most.

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

Document(s)

THE MOST IMPORTANT FACTS OF 2005 (AND THE FIRST SIX MONTHS OF 2006)

By HANDS OFF CAIN, on 1 January 2006


2006

NGO report

en
More details See the document

The worldwide situation to date: The worldwide trend towards abolition, underway for at least a decade, was again confirmed in 2005 and the first half of 2006. There are currently 142 countries that to different extents have decided to renounce the death penalty. Of these: 90 are totally abolitionist; 10 are abolitionist for ordinary crimes; 1 (Russia) is committed to abolishing the death penalty as a member of the Council of Europe and currently observing a moratorium on executions; 5 have a moratorium on executions in place and 37 are de facto abolitionist (i.e. no executions have taken place in those countries for at least ten years).

Document(s)

Staying Alive: Executive Clemency, Equal Protection, and the Politics of Gender in Women’s Capital Cases

By Elizabeth Rapaport / Buffalo Criminal Law Review, on 1 January 2001


2001

Article

United States


More details See the document

In this Article, I will review the matrix in which executive decisions in women’s capital clemency cases are made, a matrix supplied by modern equal protection law, the nature and scope of the clemency power, gender politics, and contemporary death row. I will then conduct two thought experiments. Each invented case tests the relevance of gender in legally and politically acceptable contemporary clemency decisions. The goal is to understand the politics and law of granting or denying that very rare boon-commutation of sentence – to a female death row prisoner. The exercise offers support for two conclusions. In the age of formal equality, women cannot be granted clemency simply because they are women. The rhetoric of chivalry is untenable for the contemporary executive. A governor who is courageous and rhetorically skillful, however, can sometimes successfully defend the commutation of the death sentence of a woman as a proper use of the power to grant mercy, done for her sake, the class she exemplifies, the conscience of the governor, and the public.

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

Document(s)

Cameroun: NGO Report on the Implementation of the ICCPR

By Gender Empowerment and Development / Association de Lutte contre les Violences faites aux Femmes / Centre for Civil and Political Rights / Solidarité Pour la Promotion des Droits de l’Homme et des Peuples / Association pour la défense de l’homosexualité / Syndicat National des Journalistes du Cameroun, on 1 January 2010


2010

NGO report

fr
More details See the document

Cameroon, with a population of approximately 18 million, has a multiparty system of government, with the current ruling party Cameroon People’s Democratic Movement (CPDM) in power since it was created in 1985. The president retains the power to control legislation or to rule by decree. Although the civilian authorities do generally maintain effective control of the security forces, security forces sometimes act independently of government authority. Authorities arbitrarily arrest and detain citizens for different reasons. Among those arbitrarily arrested and detained are human rights defenders and other activists and persons not carrying government-issued identity cards. There are incidents of prolonged and sometimes incommunicado pretrial detention and infringement on privacy rights. The government restricts freedom of speech, press, assembly, and association, and harasses journalists and human rights defenders. Other problems include widespread official corruption, societal violence, discrimination against women, the trafficking of children and girls, and discrimination against homosexuals. The government restricts worker rights and activities of independent labor organizations. The diverse cultural beliefs and ethnic groups promote to a large extend discrimination against and violations of women and young people, widows and the divorced. This report specifically highlights violations in 2008 and 2009, with a few violations in other years.

Document(s)

Information Handbook on the Council of the European Union

By Council of the European Union / European Union, on 1 January 2006


2006

Working with...

fr
More details See the document

The purpose of this handbook — which has been prepared on the responsibility of the General Secretariat of the Council and has no legal force — is to explain certain basic concepts of how the Council works, but above all to provide practical information both on existing sources of information and on the implementation of measures adopted with regard to openness and transparency. These measures illustrate the Council’s desire to get closer to citizens in order to build their confidence in European integration.

Document(s)

Detailed factsheet on death penalty and terrorism

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


2016

Multimedia content

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Detailed information on the death penalty and terrorism.

Document(s)

Detailed Fact Sheet – Death Penalty and Drug Crimes

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


2020

Multimedia content

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Detailed information on the death penalty and drug crimes.