Your search “Keep the Death Penalty Abolished fin the Philippfines /page/cdm16501.contentdm.oclc.org/cdm/ref/collection/criminal/id/154 ”

The issue of whether innocent people have been executed is now at the center of the debate concerning the legitimacy of capital punishment. The purpose of this research was to use data collected by the Gallup Organization in 2003 to investigate whether Americans who believed that an innocent person had been executed were less likely to support capital punishment. We also explored whether the association varied by race, given that African Americans are disproportionately affected by the death penalty. Our results indicated that three-quarters of Americans believed that an innocent person had been executed for a crime they did not commit within the last five years and that this belief was associated with lower levels of support for capital punishment, especially among those who thought this sanction was applied unfairly. In addition, our analyses revealed that believing an innocent person had been executed had a stronger association with altering African American than white support for the death penalty.A key claim of death penalty advocates is that a high proportion of the public supports capital punishment. In this context, scholars opposing this sanction have understood the importance of showing that the public’s support for executing offenders is contingent and shallower than portrayed by typical opinion polls. The current research joins this effort by arguing that the prospect of executing innocents potentially impacts public support for the death penalty and, in the least, creates ideological space for a reconsideration of the legitimacy of capital punishment.

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

The second edition of America’s Experiment with Capital Punishment is an updated and expanded version of the comprehensive first edition. Chapters, authored by the country’s leading legal and social science scholars, have been revised to include a host of important developments since the 1998 edition. Thus, new evidence and information is presented concerning racial disparities in the administration of the death penalty, wrongful convictions, deterrence, the prediction of future dangerousness, jury decision-making, public opinion about the death penalty, the effects of the capital punishment process on murder victims’ and offenders’ relatives, death row incarceration, the costs of capital punishment, execution methods, and many other issues.

• Document type Book
• Countries list United States

The Pakistan Capital Punishment Study is the result of a two-year long research and analysis project undertaken by lawyers and academics at the Foundation for Fundamental Rights (‘FFR’) in Pakistan and international legal non-profit organization, Reprieve.

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

The present report is submitted pursuant to Human Rights Council resolution 16/9, which establishes the mandate of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran.

• Document type NGO report
• Available languages Положение в области прав человека в Исламской Республике Иран: Записка Генерального секретаряLa situation des droits de l’homme en République islamique d’Iran: Note du Secrétaire général伊朗伊斯兰共和国的人权状况 秘书长的说明La situación de los derechos humanos en la República Islámica del Irán: Nota del Secretario General

This Handbook deals with the right to life, as guaranteed by Article 2 of the European Convention on Human Rights (ECHR or “the Convention”), and with the case-law of the European Court of Human Rights (“the Court”) under that article.

• Document type Working with...
• Themes list Networks,
• Available languages Le Droit à la Vie: Un Guide sur la Mise en œuvre de l'article 2 de la Convention Européenne des Droits de l'Hommes

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

• Document type Article
• Themes list Death Row Phenomenon,

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 type Arguments against the death penalty
• Themes list Networks, Financial cost,
• Available languages La Pena de Muerte Cuesta Más

This document covers significant events concerning the death penalty during the year 2005. Two countries abolished the death penalty for all crimes, bringing to 86 the number of totally abolitionist countries at year end. Moratoria or suspensions of executions were being observed in several countries. At least 2,148 people were executed in 22 countries, and at least 5,186 were sentenced to death in 53 countries. Eight child offenders were executed in Iran. Other sections include significant judicial decisions; the use of the death penalty against child offenders and resumptions of executions.

• Document type NGO report
• Themes list Statistics,
• Available languages La peine de mort dans le monde : évolution en 2005LA PENA DE MUERTE EN EL MUNDO: NOTICIAS DEL AÑO 2005

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 2019.

• Document type Academic report
• Themes list Death Penalty, Statistics,

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,

Court’s case-law and pending cases on abolition of the death penalty. It deals with death-row phenomenon – the risk of being stoned to death / of being sentended to death and the death penalty as result of unfair trial.

• Document type United Nations report
• Themes list Death Row Phenomenon, Stoning, Death Penalty,

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,

This short article will explore some additional issues regarding the relationship between international law and the death penalty. First, it will discuss some additional aspects of the representation of foreign nationals in capital cases. Second, it will discuss additional instances in which defense counsel can make international law arguments, regardless of the client’s nationality. Third, because international law issues are new to most lawyers in the United States, even those who are seasoned in capital litigation, it will suggest some alternative ways in which international law arguments can be made. The conclusion will put theUnited States experience with the death penalty into the broader context of world practice on the death penalty.

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

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,

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,

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,

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 type NGO report
• Themes list Terrorism,
• Available languages Терроризм в Казахстане Смертная казнь не решение проблемы

DPIC’s 2014 Year-End Report. Death sentences were at a 40-year low and executions were at a 20-year low. Texas, Missouri, and Florida accounted for 80% of all the executions in the United States. There were 7 exonerations this year and it took an average of 30 years to discover their innocence.

• Document type NGO report
• Themes list Innocence, Statistics,

On 28th January 2014, DPP’s 3rd lecture was held at the Inner Temple, London. Professor William Schabas delivered a lecture entitled “Universal Abolition: Only a Decade Away“. This video recording of the lecture includes the Q&A session.

• Document type Multimedia content
• Themes list Trend Towards Abolition,

Cases involving the Establishment of Religion Clause predominantly emphasize religious neutrality. Believing this to be normatively correct, Professor Loewy argues for religious neutrality in capital punishment cases. In accordance therewith, he would uphold religious peremptory challenges where a juror’s religious belief is related to her death penalty perspective. Professor Loewy agrees with the courts’general willingness to disallow religion as an aggravating factor while allowing it as a mitigating factor. This dichotomy comports with the neutralityp rinciple because aggravatingfa ctors, in general,a re limited whereas mitigating factors are unlimited.

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

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,

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,

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 ,

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,

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,

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 type NGO report
• Countries list China
• Available languages Rapport de Manfred Nowak, Rapporteur spécial sur la torture et autres peines ou traitements cruels, inhumains ou dégradants - MISSION EN CHINE酷刑和其他残忍、不人道或有辱人格的待遇或处罚问题 特别报告员曼弗雷德·诺瓦克的报告 - 对中国的访问Informe del Relator Especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes, Manfred Nowak - MISIÓN CHINAالمعاملة ضروب من وغيره التعذيب بمسألة المعني الخاص المقرر تقرير نوفاك مانفريد السيد المهينة، أو اللاإنسانية أو القاسية العقوبة أو ‎- الصين إلى ﺑﻬا قام التي البعثةДоклад Специального докладчика по вопросу о пытках и других жестоких, бесчеловечных или унижающих достоинство видах обращения и наказания Манфреда Новака

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 type NGO report
• Themes list Drug Offences, Foreign Nationals, Death Penalty,

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 type Campaigning / World Coalition

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,

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

• Document type Article
• Countries list Japan

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 type NGO report
• Themes list Fair Trial, Country/Regional profiles,
• Available languages Tchad, Peine de mort: la levée d'un moratoire, entre opportunisme sécuritaire et règlement de compte

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,

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,

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,

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,

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,

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

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,

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 type NGO report
• Themes list Country/Regional profiles,
• Available languages GHANA : Rapport sur la peine de mortGHANA : Informe sobre la pena de muerte

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,

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,

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,

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,

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,

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,

Frauen in der Todeszelle: Ungesehene Realität

• Document type Campaigning
• Themes list Women

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Array

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 type Campaigning / World Coalition

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,

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,

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

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

• Document type Campaigning / World Coalition

Wanawake waliohukumiwa kunyongwa: Ukweli uliofichika

• Document type Campaigning
• Themes list Women

• Document type World Coalition

Donne condannate a morte: una realta’ invisibile

• Document type Campaigning
• Themes list Women

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

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,

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

• Document type Academic report

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,

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,

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 type NGO report
• Themes list Death Row Conditions, Country/Regional profiles,
• Available languages Indonesian : Tidak Manusiawi: Kondisi Lembaga Pemasyarakatan Bagi Terpidana Mati di Indonesia

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,

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 type Academic report
• Themes list World Coalition Against the Death Penalty,
• Available languages La parole est à la défense - Journée mondiale 2020

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,

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,

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,

The release of Hakamada Iwao from death row in March 2014 after 48 years of incarceration provides an opportunity to reflect on wrongful convictions in Japanese criminal justice. My approach is comparative because this problem cannot be understood without asking how Japan compares with other countries: to know only one country is to know no country well. Comparison with the United States is especially instructive because there have been many studies of wrongful conviction there and because the U.S. and Japan are the only two developed democracies that retain capital punishment and continue to carry out executions on a regular basis. On the surface, the United States seems to have a more serious problem with wrongful convictions than Japan, but this gap is more apparent than real. To reduce the problem of wrongful convictions in Japanese criminal justice, reformers must confront a culture of denial that makes it difficult for police, prosecutors, and judges to acknowledge their own mistakes.

• Document type Article
• Countries list Japan
• Themes list Fair Trial, Innocence,

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,

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,

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 type United Nations report
• Themes list International law,
• Available languages العهد الدولي الخاص بالحقوق المدنية والسياسيةМеждународный пакт о гражданских и политических правахPacte international relatif aux droits civils et politiques公民权利和政治权利国际盟约Pacto Internacional de Derechos Civiles y Políticos

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,

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 ,

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,

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,

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,

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,

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,

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,

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 type NGO report
• Themes list Public debate, Member organizations, Death Penalty,

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,

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,

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,

This Article addresses the issue of whether a criminal defendant may waive the Eighth Amendment prohibition on cruel and unusual punishments by selecting an unconstitutional punishment over a constitutional punishment. The Article begins with a discussion of the Supreme Court’s Eighth Amendment jurisprudence, followed by a discussion of areas where the Court has allowed defendants to waive Eighth Amendment protections in various contexts. Then, the Article discusses court decisions that have addressed whether one may waive Eighth Amendment protections by choosing a cruel and unusual punishment. Generally, this issue has arisen in three contexts: (1) where defendants are given the punishment option of banishment; (2) where sex offenders are given the punishment option of castration; and (3) where capital defendants are given an execution method option that violates the constitution. The Article explains that at least in the context of punishment type, a defendant’s choice should not waive Eighth Amendment protections. First, the ban on cruel and unusual punishments is a right that differs significantly from other constitutional criminal rights because it serves a broad societal purpose. Second, the waiver of this right differs from the waiver of other criminal rights because such waivers do not benefit the individual or society. Finally, to allow such waivers would strip the Eighth Amendment of meaning by permitting legislatures to create any punishment options it desired. Therefore, the Article concludes that the Eighth Amendment ban on cruel and unusual punishments cannot be waived by an individual.

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

The Center on Wrongful Convictions is dedicated to identifying and rectifying wrongful convictions and other serious miscarriages of justice. The Center has three components: representation, research, and community services. Center faculty, staff, cooperating outside attorneys, and Bluhm Legal Clinic students investigate possible wrongful convictions and represent imprisoned clients with claims of actual innocence. The research component focuses on identifying systemic problems in the criminal justice system and, together with the community services component, on developing initiatives designed to raise public awareness of the prevalence, causes, and social costs of wrongful convictions and promote reform of the criminal justice system. In addition, the community services component helps exonerated former prisoners cope with the difficult process of reintegration into free society.

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

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,

Detailed information on the death penalty and poverty.

• Document type Multimedia content
• Themes list World Coalition Against the Death Penalty, Death Penalty,
• Available languages Fiche détaillée sur la peine de mort et la pauvreté

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,

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,

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 type NGO report
• Themes list Beheading,
• Available languages صفعة في وجه العدالة:عقوبة الإعدام في المملكة العربية السعودية