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Meet the Bloggers talks about the death penalty with two anti death penalty campaigners. The cases of Troy Davis and Montell Johnson are discussed and issues such as discrimination, retribution, the cost of the death penalty, religion and sentencing alternatives are touched upon. Short clips on the Death Penalty in Mexico, Amnesty Internationals campaign and how you can help fight the death penalty are all discussed here.

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

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,

The study results indicate that when test subjects, many of whom are likely retributivists, are presented with information about the problem of innocence, the drop in support for capital punishment spans all points on the Likert scale. Our study suggests that more rigorous testing may demonstrate that an individual’s knowledge of the “innocence problem” can generate more profond changes in attitudes toward the death penalty than indicted by previous studies of the marshall Hypotheses.

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

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,

The ritual slaughter of humans for sacrificial purposes has an ancient provenance. Few members of modern society would be inclined to believe that killing humans for sacrificial purposes continues. Of those, most probably envision it only being practiced by individuals who belong to “uncivilized,” or non-“First-World” cultures. Upon closer scrutiny, however, it becomes apparent that this is a misconception because the past and present practice of capital punishment includes a thinly disguised manifestation of the ritualized killing of people, otherwise known as human sacrifice. The purpose of this article is to identify, describe, and analyze the historic and contemporary connection between the practices of capital punishment and human sacrifice. After describing how human sacrifice constitutes an integral component of capital punishment, it will be argued that the institutionalization of this antiquated barbaric ritual, vis-a-vis the use of capital punishment, renders the present use of the death penalty in the United States incompatible with “the evolving standards of decency that mark the progress of a maturing society”; and that consequently, this facet of capital punishment renders the penalty at odds with the Eighth Amendment’s prohibition against the infliction of “cruel and unusual” punishments.

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

This is a highly thought-provoking work where Beccaria-Bonesana has explained his ideas against the use of torture and capital punishments. He has produced a humanitarian spirit in the dispensation of laws. This work is important as the views expressed here, were not regarded either in his times or now.

• Document type Book
• Themes list Networks,
• Available languages German : Über Verbrechen und StrafenItalian : Dei delitti e delle pene-Consulte criminaliDes délits et des peines论犯罪与刑罚De Los Delitos Y De Las Penas

Capital punishment has once again become the focus of intense national debate in the United States. There is increasingly widespread public concern over the propriety of state-sanctioned executions and the legal processes by which they are accomplished. Even in political arenas, where little more than a decade ago commentators could quip that “the electric chair has replaced the American flag as your all-purpose campaign symbol,” many elected officials are voicing second thoughts about capital punishment. The American Bar Association (ABA), among other prestigious groups, has called for a moratorium on executions until, at least, the procedural flaws in the legal process through which death sentencing takes place — what the ABA analysts characterized as a “haphazard maze of unfair practices” — have been identified and remedied. Recent assessments of the scope and seriousness of the problems that plague this process suggest that the task of reforming the system of capital punishment will prove to be a daunting one. For example, James Liebman and his colleagues have presented a sobering picture of what they termed a “broken system” in which the outcomes of capital trials — if judged by their fates in the appellate courts — are legally wrong more often than they are right. And at least one judge declared the federal death penalty unconstitutional because it failed to provide sufficient procedural protections to capital defendants.

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

Drawing on his encyclopedic knowledge of the field, Bedau addresses topics such as strong public suppport for the death penalty, wrongful convictions, the disappearance of executive clemency, constitutional arguments surronding the Eight Amendment, and procedural reforms under consideration that move toward abolition.

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

An anti death penalty video which advocates the abolition of the death penalty. The personalities in the video suggest using the money which is currently used on the death penalty for improving the community.

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

This video gives a tour of the death row facilities at North Carolina. It also explores the protocol for execution by lethal injection.

• Document type Arguments against the death penalty
• Themes list Lethal Injection,

Colonel Oleg Alkaev, who was Director of remand prison (SIZO)6 No. 1 in Minsk and ordered a number of executions. He gave this testimony to Amnesty International, a member of the World Coalition Against the Death Penalty.

• Document type Academic report
• Countries list Belarus
• Themes list Networks,
• Available languages Oleg Alkaev, ex-directeur du couloir de la mort biélorusse

Twenty-three years of murder and death sentence data show how murder demographics help explain death row populations. Nevada and Oklahoma are the most death-prone states; Texas’s death sentence rate is below the national mean. Accounting for the race of murderers establishes that black representation on death row is lower than black representation in the population of murder offenders. This disproportion results from reluctance to seek or impose death in black defendant-black victim cases, which more than offsets eagerness to seek and impose death in black defendant-white victim cases. Death sentence rates in black defendant-white victim cases far exceed those in either black defendant-black victim cases or white defendant-white victim cases. The disproportion survives because there are many more black defendant-black victim murders, which are underrepresented on death row, than there are black defendant-white victim murders, which are overrepresented on death row.

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

This Sky News Report discusses the administration of the death penalty in China; Innocent people who have been put to death, stealing the organs of the executed and the nature of the death penalty in China.

• Document type Arguments against the death penalty
• Available languages Peine de mort en Chine

Almost everyone agrees that indigent defense in America is underfunded, but workable solutions have been hard to come by. For the most part, courts have been unwilling to inject themselves into legislative budget decisions. And, when courts have become involved and issued favorable decisions, the benefits have been only temporary because once the pressure of litigation disappears so does a legislature’s desire to appropriate more funding. This Article proposes that if an indigent defense system is under-funded, the state supreme court should impose a default rule raising the standard of proof to “beyond all doubt” to convict indigent defendants. The legislature would then have the opportunity to opt out of this higher standard of proof by providing enough funding to bring defense lawyers’ caseloads within well-recognized standards or by providing funding parity with prosecutors’ offices. Such an approach will create an incentive for legislatures to adequately fund indigent defense without miring courts in detailed supervision of legislative budget decisions. At the same time, because courts can check once per year to determine whether there is funding parity with prosecutors’ offices or compliance with caseload guidelines, there will be constant pressure on legislatures to maintain adequate funding in order to avoid the higher standard of proof.

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

Although there is no constitutional requirement that a jury participate in the death penalty process, most states do provide, through their capital punishment statutes, that a jury will participate in the decision. The preference for jury sentencing in these circumstances reflects a reluctance to leave power over life solely in the hands of one judge. Still, some scholars have long criticized juries for administering punishment.

• Document type Article
• Countries list United States
• Themes list Fair Trial,

Professor Kirchmeier examines the recent decline in support for the death penalty in the United States and the resulting emergence of a movement to impose a moratorium on executions. After discussing the history of the death penalty abolition movement in the United States, he identifies five major and seven minor events that have contributed to the growth of the Death Penalty Moratorium Movement. Then, he compares the current Moratorium Movement to other similar reform periods: the 1960s Death Penalty Abolitionist Movement; legislative abolition of the death penalty in several states during the mid-1800s and early 1900s; death penalty abolition in other countries; and the Anti-Lynching Movement of the early 1900s. Based on the history of these other movements, Professor Kirchmeier discovers various lessons for today’s Moratorium Movement, including lessons about strategy and the roles of public opinion and leadership. Finally, using these lessons from history and looking at recent events, he considers the future of the Moratorium Movement. Professor Kirchmeier concludes that for the Movement to continue to be successful: (1) there must be no major national distracting forces; (2) the Movement must continue to broaden its arguments and not be overly dependent upon one issue, one person, or one strategy; (3) the Movement must continue seek support from unexpected voices; and (4) the Movement must stay focused on the goals of achieving popular support and creating new leaders. Finally, Professor Kirchmeier predicts that the Moratorium Movement is strong enough to continue to have lasting effects.

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

Drawing from televised debates over capital punishment on CNN’s Crossfire from February 2000 to June 2002, I argue that Teles’s (1998) theory of “dissensus politics” is useful in understanding the U.S.’s preservation of capital punishment as well as current divisions in death penalty sentiment within the U.S. I pose the retention of capital punishment as the product of rival elites who are unwilling to forsake capital punishment’s moral character (and often the political benefits it offers), and who consequently ignore an American public that appears to have reached a measured consensus of doubt about the death penalty.

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

At the same time, the countries that most vigorously employ the death penalty are generally ones that the United States has the least in common with politically, economically, or socially, and ones that the United States is wont to define itself against, as they are among the least democratic and the worst human rights abusers in the world. In recent years, the top five employers of capital punishment were China, the Democratic Republic of Congo, Iran, Saudi Arabia and the United States.3 Moreover, in the past twelve years, only seven countries in the world are known to have executed prisoners who were under 18 years old at the time of their crimes: the Democratic Republic of Congo, Iran, Nigeria, Pakistan, Saudi Arabia, Yemen and the United States.

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

The majority of those on death row in the Philippines have been convicted of rape crimes, including rape of a minor, rape of a family member and other aggravated forms of rape. Looking at incestuous rape in particular, this paper will examine some of the psychological and legal difficulties of imposing the death penalty for such a crime. It will focus on the effects the administration of the death penalty has on the victim and the victim’s family, as well as looking at some of the legal, evidential and procedural problems that arise in this jurisdiction’s imposition of the death penalty for rape.Despite the continued existence of the death penalty for incestuous rape, the number of reported cases has not diminished. Recognising this, local women’s groups in the Philippines have called for the root causes of incest and other forms of violence against women to be addressed rather than imposing the death penalty for rape. This response will also be considered within the broader context of Filipino gender relations.

• Document type Article
• Countries list Philippines
• Themes list Networks,

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

• Document type Article
• Countries list Japan

Renowned capital defense attorney Stephen Bright discusses the death penalty in light of recent Supreme Court decisions.

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

The order struck during the regulatory years following Furman v. Georgia and Gregg v. Georgia has been inverted. Executions once were rarities of newsworthy moment; now, they are nearly twice-a-week occurrences that often pass with nary a notice. Skeptical scrutiny of death penalty cases once was the professed and practiced mission of the federal judiciary; now, words like weariness, ennui, and resentment seem better choices to capture the spirit of the federal courts when confronted with complaints from death row. As we will see, the various lines of objection join to form a sophisticated and comprehensive critique.

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

In this compelling and timely work, Austin Sarat provides the first book-length work on executive clemency. He turns our focus from questions of guilt and innocence to the very meaning of mercy. Starting from Ryan’s controversial decision, Mercy on Trial uses the lens of executive clemency in capital cases to discuss the fraught condition of mercy in American political life. Most pointedly, Sarat argues that mercy itself is on trial. Although it has always had a problematic position as a form of “lawful lawlessness,” it has come under much more intense popular pressure and criticism in recent decades. This has yielded a radical decline in the use of the power of chief executives to stop executions.

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

We examine sources of variation in possession and use of the death penalty using data drawn from 193 nations in order to test theories of punishment. We find the death penalty to be rooted in a country’s legal and political systems, and to be influenced by its religious traditions. A country’s level of economic development, its educational attainment, and its religious composition shape its political institutions and practices, indirectly affecting its use of the death penalty. The article concludes by discussing likely future trends.

• Document type Article
• Themes list Networks,

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 landscape of the American death penalty is diverse. Though death penalty attitudes show a remarkable and increasing degree of homogeneity by region, race, gender, religion, and other factors, the actual practice of the death penalty varies substantially from region to region, and even from state to state. While these variations are widely recognized, they are not widely studied or understood. The lack of attention paid to the actual practice of the death penalty in different states and regions, the patterns that contribute to its use, and the factors associated with these patterns represents a substantial and troubling gap in our knowledge of an issue as widely studied as the death penalty.

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

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

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

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

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

Since July 1978, when Maryland’s capital punishment statute took effect, the State has been plagued by charges that the imposition of the death penalty is influenced by the race of the defendant and the legal jurisdiction in which the homicide occurred. Most critics use the characteristics of condemned inmates on Maryland’s death row, which reveal possible racial motivations. However, the authors argue that simply relying on the characteristics of condemned inmates reveals little about the underlying mechanisms of the imposition of the death penalty. The recent history of capital punishment in Maryland is reviewed, followed by a brief description of the legal structure of capital punishment under Maryland law. In order to empirically measure whether the imposition of capital punishment in Maryland is discriminatory, the authors examined 1,311 death eligible cases in Maryland from July 1, 1978 to December 31, 1999. Death eligible cases were defined as those cases in which the State’s attorney filed a notice of intention to seek a death sentence, the facts established that first degree murder was committed, the defendant was the principle in the first degree murder, the murder included at least one statutory aggravating circumstance, and the defendant was eligible for capital punishment at the time of the offense. The statistical strategy focused on determining the influence of race of victim, race of defendant, and geography on the imposition of the death penalty. Findings suggest that race and geography indeed play an important role in the Maryland justice system. Race and geography exert their most influence at the death notification and death notice retraction stages of the process. Thus, it is prosecutorial discretion that is the most apparent in the possible discriminatory application of capital punishment in Maryland. The findings from this study are unsurprising and are in line with similar studies from other States. The author cautions that overt racism is not necessarily the reason beyond the disproportionate application of capital punishment.

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

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

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

If statistics are any indication, the system may well be allowing some innocent defendants to be executed.

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

This Article analyzes the factors that influence the decisions of South Carolina prosecutors to seek the death penalty. Professor Unah and Mr. Songer employ statistical methods to examine the legal and nonlegal factors that shape this decision-making process. Controlling for political factors, this Article finds that the race of the victim, gender, and rural crime locations are significant considerations in the decision to seek the death penalty. Further, Professor Unah and Mr. Songer argue that these nonlegal factors undermine the legal guidelines that are intended to channel and steer the decision-making process. This Article highlights the arbitrary nature of the decisions that result from these considerations, and it concludes by challenging the legitimacy of a process influenced by these factors.

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

The ABA’s revised Guidelines have squarely addressed the importance of seeking and negotiating dispositions in capital cases as a core component of effective representation in matters of life and death. Pleas have been available in the overwhelming majority of capital cases in the post-Furman era, including the cases of hundreds of prisoners who have been executed. There are no precise empirical data on this question. Plea negotiations are typically confidential, with both parties maintaining a posture of plausible denial if negotiations fail. The prosecutor may find it harder to argue to jurors that justice in a particular case requires a sentence of death if they know that he had offered the defendant a life sentence only weeks before. Defense counsel may not want to advertise her willingness to plead to first-degree murder if the case proceeds to trial and she is arguing to the jurors that the proof supports only second-degree. In addition, there are cases where a plea was acceptable to both sides, but negotiation never began because each side waited for the other to initiate discussions.

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

The Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 was drafted, enacted, and signed in an atmosphere of anger and fear. The legislation, which includes substantial cutbacks in the federal habeas corpus remedy, was Congress’s response to the tragedy of the Oklahoma City bombing. During the congressional hearings on the bills that culminated in AEDPA, the proponents of the legislation claimed that its habeas corpus restrictions and other provisions were necessary to fight domestic terrorism. The Senate bill was approved by the House on April 18, 1996, the day before the one-year anniversary of the Oklahoma City bombing. President Bill Clinton invoked the bombing in a statement he issued at the time of the Senate’s passage of the legislation and again when he signed the legislation into law. Even at the time of the debates, some courageous legislators were willing to denounce the fallacious connection that the bill’s proponents drew between the bombing and the broader issues of the scope and availability of habeas corpus review. Many of the habeas corpus restrictions ultimately built into AEDPA had been under consideration by Congress since 1990, though none had been adopted. The congressional proponents of these restrictions seized upon the Oklahoma City tragedy as a means of accomplishing their longstanding goal to scale back federal habeas corpus review.

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

In the past several years, there has been a marked change in the climate with regard to public discourse about the death penalty in the United States. This is partly due to advances in DNA technology. This Article, in Part II, will address the impact that DNA testing has had on public discourse on capital punishment. In Part III, it will discuss the overall context in which public discourse has changed, and its likely impact on judges, prosecutors and governors dealing with capital cases. Finally, in Part IV, it will consider the broader implications of this change in climate, in leading to a moratorium on executions in Illinois, consideration of moratoria elsewhere, and potentially to abolition of capital punishment in this country.

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

For the third time in a span of five years, a country has brought suit against the United States in the International Court of Justice (ICJ) for violations of the Vienna Convention on Consular Relations (VCCR) in capital cases. 1 And, for the third time, the ICJ has issued an order of provisional measures. The most recent order indicates that: “the United States shall take all measures necessary to ensure that [three named Mexican defendants] are not executed pending final judgment in these proceedings.” (Avena case)

• Document type Article
• Countries list Mexico
• Themes list Foreign Nationals,

In general, Muslim nations recognize the validity of the death penalty, and many frequently impose it. According to Amnesty International, between 1985 and mid-1988, Saudi Arabia executed 140 prisoners for the crimes of murder, robbery with violence, drug smuggling or distribution, and adultery. During the same period, Pakistan executed 115, primarily for the crime of murder. Hundreds every year faced the firing squad in Iraq for murder, desertion, treason, sabotage, and economic corruption. At the same time, the Islamic Republic of Iran executed more than 743 inmates for murder, drug crimes, political offenses, prostitution, adultery and other “moral offenses,” including “being corrupt on earth” and “being at enmity with God.” In face of the widespread acceptance of the death penalty within the Muslim world, this essay explores the contours of an Islamic argument against capital punishment. The argument is not, and cannot be, an appeal for the abolition of the death penalty in all circumstances. It does call into question, however, the legitimacy – indeed, the legality in accordance with the principles of classical Islamic law, or the Shari’ah – of capital punishment as it is practiced in the era of Islamization.

• Document type Article
• Countries list Iran (Islamic Republic of)
• Themes list Religion , Capital offences, Most Serious Crimes,

This important book is sure to foster informed public discussion about the death penalty by deepening readers’ understanding of how religious beliefs and perspectives shape this contentious issue. Featuring a fair, balanced appraisal of its topic, Religion and the Death Penalty brings thoughtful religious reflection to bear on current challenges facing the capital justice system.

• Document type Book
• Themes list Religion ,

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

Authors David Johnson, an expert on law and society in Asia, and Franklin Zimring, a senior authority on capital punishment, utilize their research to identify the critical factors affecting the future of the death penalty in Asia. They found that when an authoritarian state experienced democratic reform, such as in Taiwan and South Korea, the rate of executions dropped sharply. Johnson and Zimring also found that politics, instead of culture or tradition, is the major obstacle to the end of capital punishment in Asia.

• Document type Book
• Countries list China

They undertake this “cultural voyage” comparatively—examining the dynamics of the death penalty in Mexico, the United States, Poland, Kyrgyzstan, India, Israel, Palestine, Japan, China, Singapore, and South Korea—arguing that we need to look beyond the United States to see how capital punishment “lives” or “dies” in the rest of the world, how images of state killing are produced and consumed elsewhere, and how they are reflected, back and forth, in the emerging international judicial and political discourse on the penalty of death and its abolition.

• Document type Book
• Countries list China
• Themes list Networks,

This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse.The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the ‘death row phenomenon’ and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.

• Document type Book
• Countries list China
• Themes list International law,

This book contains contributions from judges, attorneys, and academicians on both sides of the death penalty question. The grounds advanced for justification of capital punishment–including deterrence, retribution, and closure for victims’ families–are considered. Whether life imprisonment is adequate to address these concerns is also debated. Other issues include whether racial minorities or indigent defendants are disproportionately executed, whether the penalty is otherwise arbitrarily applied, and what risks exist regarding the execution of an innocent person.

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

American officials have indicated that extra efforts will be used to ensure that captured terrorist suspects face the death penalty. Secretary of Defense Donald Rumsfeld has stated that the U.S. military will “try to prevent enemy leaders from falling into the hands of peacekeeping troops from allied nations that might oppose capital punishment.” Americans should be troubled to learn that the United States is out of step with an emerging worldwide consensus that the death penalty, even for the most heinous terrorist, “has no legitimate place in the penal systems of modern civilised societies.” As of July 2004, 117 nations were abolitionist in law or in practice, while only 80 retained the death penalty. The entire Council of Europe–45 nations ranging from Iceland to Russia–now constitutes a death penalty free zone.

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

In Death by Design, research psychologist Craig Haney argues that capital punishment, and particularly the sequence of events that lead to death sentencing itself, is maintained through a complex and elaborate social psychological system that distance and disengage us from the true nature of the task. Relying heavily on his own research and that of other social scientists, Haney suggests that these social psychological forces enable persons to engage in behavior from which many of them otherwise would refrain. However, by facilitating death sentencing in these ways, this inter-related set of social psychological forces also undermines the reliability and authenticity of the process, and compromises the fairness of its outcomes. Because these social psychological forces are systemic in nature –built into the very system of death sentencing itself –Haney concludes by suggesting a number of inter-locking reforms, derived directly from empirical research on capital punishment, that are needed to increase the fairness and reliability of the process.

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

Activists have embraced the life-without-parole alternative because the availability of parole is often a key factor for jurors deciding whether of not to impose a sentence of life or death.

• Document type Article
• Countries list United States
• Themes list Sentencing Alternatives,

This article gives insight into the different opinions held by the US and Europe in terms of the death penalty. The interplay between terrorism, the death penalty and extradition is also examined.

• Document type Article
• Themes list Extradition, Terrorism,

This article provides an overview of the legal regime governing the death penalty and the on-going debate on the death penalty in Korea. It begins by briefly reviewing international treaties that call for the abolition of the death penalty, contrasting them with the retentionist trend in most Asian countries. It then reviews the major decisions of the Korean Supreme Court and the Korean Constitutional Court. It also discusses recent moves in the National Assembly and the National Human Rights Commission to abolish the death penalty. It suggests that the Korean death penalty debate has potentially significant implications for its retentionist Asian neighbours grappling with similar issues.

• Document type Article
• Countries list Democratic People's Republic of Korea

This article investigates the way in which the Council of Europe enforced the norm against capital punishment in Europe. The Council of Europe, through both moral persuasion and centripetal pressure, compelled its member states to adopt the regionally promoted human rights standard. Ukraine, where the very last execution in Europe took place, accepted the norm after a number of years of resistance and in the face of public opposition to abolition. It was possible because of the adamant role of the Council of Europe in attempting to build a death penalty-free zone in Europe and Ukraine’s strategic will to be integrated within the European regional community.

• Document type Article
• Countries list Ukraine
• Themes list Trend Towards Abolition,

On December 10, 1998, the fiftieth anniversary of the Universal Declaration of Human Rights, former President William J. Clinton signed Executive Order No. 13107 stating, “It shall be the policy and practice of the Government of the United States, being committed to the protection and promotion of human rights and fundamental freedoms, fully to respect and implement its obligations.

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

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,

The purpose of this annual report on State-sponsored Homophobia, as stated since its first edition in 2007, is to name and shame the states which in the 21st century deny the most fundamental human rights to LGBTI people, i.e. the right to life and freedom, in the hope that with every year more and more countries decide to abandon the ‘community’ of homophobic states.Compared to last year’s report, where we listed the 77 countries prosecuting people on ground of their sexual orientation, this year you will find ―only‖ 76 in the same list, including the infamous 5 which put people to death for their sexual orientation: Iran, Mauritania, Saudi Arabia, Sudan and Yemen (plus some parts of Nigeria and Somalia). One country less compared to the 2009 list may seem little progress, until one realizes that it hosts one sixth of the human population.

• Document type NGO report
• Themes list Homosexuality,
• Available languages Portuguese : Homofobia do Estado: Uma pesquisa mundial sobre legislações que proíbem relações sexuais consensuais entre adultos do mesmo sexoHomophobie d'État: Une enquête mondiale sur les lois qui interdisent la sexualité entre adultes consentants de même sexeHomofobia de Estado: Un informe mundial sobre las leyes que prohiben la actividad homosexual con consentimiento entre personas adultas

The Article proceeds in three parts. Part I explains the pivotal role that “actual” innocence has played in the Innocence Movement. It shows that even though the Innocence Movement has begun to broaden its DNA-based focus to include non-DNA-based claims, its goal has remained constant: achieving justice for “actually” innocent people. Part I then shows how the Innocence Movement has prioritized the cases of “actually” innocent people who were convicted through trial over “actually” innocent people who pleaded guilty. The prioritization of wrongful convictions derived from trials over wrongful convictions from pleas underscores how the Innocence Movement has overlooked the claims of people who have pleaded guilty and are not “actually” innocent, but who may still have strong wrongful conviction claims based on fundamental constitutional violations. Part II examines innocence unmodified in the context of trials and postconviction appeals. It asserts that one reason to protect innocence unmodified is because under the Court‟s existing jurisprudence, “actual” innocence alone is not enough to reverse a wrongful conviction. This is because the Supreme Court has not yet decided whether the Constitution forbids the execution of an “actually” innocent person who was convicted through a “full and fair” trial. Because the Court has not recognized a freestanding “actual” innocence claim, the “actual” innocence of a wrongly convicted person only matters as a door through which to allow a court to reach underlying constitutional claims. Part II uses the example of a recent Supreme Court decision, In Re Troy Davis, to highlight how an isolated prioritization of “actual” innocence does not achieve justice for wrongly convicted people. Part III examines innocence unmodified in the context of pleas. It reveals the degree to which the Court has itself polarized innocence in the context of pleas—prioritizing “actual” innocence over fundamental constitutional protections for all people.

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

This report details the administration of the death penalty in Taiwan. It discusses Taiwans obligations under international law, how executions are carried out, the profile of the condemned, discrimination in the sysem and discusses placing a moratorium on executions in Taiwan.

• Document type NGO report
• Themes list Networks,
• Available languages 重啓死刑執行 廢死之路大倒退- 2010台灣死刑報告

The report covers the period from January to December 2010, though some key events in early 2011 have also been included. It highlights the important progressbeing made, serious concerns that we have, and what we are doing to promote our values around the world. It will rightly be studied closely by Parliament, NGOs and the wider public. There is a chapter dedicated to the death penalty, as well as 2010 figures on the death penalty in target countries.

• Document type NGO report
• Countries list Afghanistan
• Themes list Networks,

The death penalty is a subject that, in the words of Justice Adrian Saunders of the Eastern Caribbean Court of Appeal, “invariably elicits passionate comment.” Such comment is particularly so within the states that make up the Commonwealth Caribbean, where rising rates of violent crime have led to strong public clamor for a swift and final response. The involvement of foreign courts and quasi-judicial international tribunals in limiting the actual use of the death penalty in the Caribbean has made the issue even more politically charged, leading to a strongly held perception that the judgments of these foreign bodies are unacceptable challenges to the very exercise of Caribbean national sovereignty.

• Document type Article
• Themes list Mandatory Death Penalty,

One of the largely unique aspects of the American jury system is that it confers upon the parties the unilateral power – in the form of peremptory challenges – to remove prospective jurors for any non-racial or non-gender-based reason. This article presents an overview of the literature on peremptory challenges, and an empirical analysis of their use in Philadelphia capital cases in the 1980s and 1990s.

• Document type Article
• Countries list United States
• Themes list Fair Trial,

This report, released appropriately on International Human Rights Day, serves to strip away the “conspiracy of silence” and give voice to a group of victims who have for too long been largely ignored in the debate surrounding the death penalty: the families of the executed.

• Document type NGO report
• Themes list Murder Victims' Families,

• Document type Array
• Countries list Iran (Islamic Republic of)
• Themes list Drug Offenses / Fair Trial / Juveniles / Women

• Document type NGO report
• Countries list China

• Document type NGO report
• Countries list Antigua and Barbuda / Congo / Democratic Republic of the Congo / Djibouti / Dominica / Eswatini / Guinea / Lebanon / Libya / Nauru / Niger / Pakistan / Philippines / Republic of Korea / Sierra Leone / Solomon Islands / South Sudan / Tonga / Uganda / Zimbabwe

• Document type International law - United Nations
• Available languages

• Document type United Nations report
• Available languages (2020) وقف العم بعقوبة اإلعدام. تقرير األمين العامMoratoria del uso de la pena de muerte. Informe del Secretario General (2020)Moratoire sur l'application de la peine de mort. Rapport du Secrétaire général (2020)Мораторий на применение смертной казни. Доклад Генерального секретаря (2020)暂停使用死刑。 秘书长的报告 (2020)

• Document type Доклад Организации Объединенных Наций

• Document type Informe de las Naciones Unidas

• Document type Rapport des Nations Unies

United Nations General Assembly Resolution adopted by the General Assembly on 16 December 2020 [on the report of the Third Committee (A/75/478/Add.2, para. 89) 75/183. Moratorium on the use of the death penalty.

• Document type International law - United Nations
• Themes list Moratorium
• Available languages قرار اتخذته الجمعية العامة في 16 كانون الأول/ديسمبر 2020Resolución 75/183 - Moratoria del uso de la pena de muerteRésolution 75/183 - Moratoire sur l'application de la peine de mortРезолюция 75/183 - Мораторий на применение смертной казни大会决议75/183 - 暂停使用死刑

• Document type NGO report
• Available languages التقرير العالمي لمنظمة العفو الدولية: أحكام وعمليات الإعدام في 2019Condenas a muerte y ejecuciones 2019گرارش جهانی : مجازات اعدام در سال 2019Condamnations à mort et exécutions 2019Cмертные приговоры и казни 2019

• Document type NGO report
• Countries list United States

United Nations General Assembly Resolution adopted by the General Assembly on 17 December 2018 [on the report of the Third Committee (A/73/589/Add.2) 73/175. Moratorium on the use of the death penalty.

• Document type International law - United Nations
• Available languages قرار اتخذته الجمعية العامة في 17 كانون الأول/ديسمبر 2018Resolución 73/175 - Moratoria del uso de la pena de muerteRésolution 73/175 - Moratoire sur l'application de la peine de mortРезолюция 73/175 - Мораторий на применение смертной казни大会决议73/175 - 暂停使用死刑

• Document type United Nations report
• Available languages تقرير 2018- وقف العمل بعقوبة الإعدامInforme 2018 - Moratoria del uso de la pena de muerteRapport 2018 - Moratoire sur l'application de la peine de mortДоклад 2018 - Мораторий на применение смертной казни2018报告 - 暂停使用死刑联合国

• Document type Regional body report
• Available languages Informe No. 211/20. Caso 13.750. Informe sobre admisibilidad y fondo. Lezmond C. Mitchell. Estados Unidos de America

• Document type NGO report

The Permanent Missions to the United Nations inNew York listed below have the honour to refer to General Assembly resolution 73/175, entitled “Moratorium on the use of the death penalty”, which was adopted by the Assembly on 17 December 2018 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

• Document type United Nations report
• Countries list Bahrain / Bangladesh / Botswana / Brunei Darussalam / Chad / China / Democratic People's Republic of Korea / Egypt / Ethiopia / Grenada / Iran (Islamic Republic of) / Iraq / Jamaica / Kuwait / Libya / Nigeria / Oman / Pakistan / Papua New Guinea / Qatar / Saint Kitts and Nevis / Saint Lucia / Saint Vincent and the Grenadines / Saudi Arabia / Singapore / Sudan / Syrian Arab Republic / United Arab Emirates / Yemen / Zimbabwe
• Themes list Moratorium
• Available languages مذكرة شفوية مؤرخة 13 أيلول/سبتمبر 2019 موجهة إلى الأمين العام من الممثل الدائم لمصر لدى الأمم المتحدةNota verbal de fecha 13 de septiembre de 2019 dirigida al Secretario Generalpor el Representante Permanente de Egipto ante las Naciones UnidasNote verbale datée du 13 septembre 2019, adressée au Secrétaire général par le Représentant permanent de l’Égypte auprès de l’Organisation des Nations UniesВербальная нота Постоянного представителя Египта при Организации Объединенных Наций от 13 сентября 2019 года на имя Генерального секретаря2019年9月13日埃及常驻联合国代表给秘书长的普通照会

This report provided by the United Nations General Assembly presents the resolutions of the 77th session. It includes reports on the moratorium on the use of the death penalty (A/77/463/Add.2 DR XII) which was adopted on the 15th of December 2022 with a vote (125-37-22) (A/77/PV.54) under item 68(b). Guided by the purposes and principles contained in the Charter of the United Nations, it reaffirms the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child and recalls the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

• Document type United Nations report
• Available languages الجمعية العامة للأمم المتحدة - قرارات الدورة السابعة والسبعينAsamblea General de las Naciones Unidas - Resoluciones del 77º Período de SesionesAssemblée Générale des Nations Unies - Résolutions de la 77e SessionГенеральная Ассамблея ООН - Резолюции 77-й сессии联合国大会 - 第77届会议的决议

• Document type Campaigning / World Coalition
• Available languages 2023 ملصق اليوم العال مPoster Spanish – 2023 Día Mundial contra la Pena de MuertePoster Farsi 2023 – بیستمین روز جهانی علیهمجازات مرگPoster 21ème Journée Mondiale contre la peine de mortPoster Russian 2023 — 21-Й ВСЕМИРНЫЙ ДЕНЬ БОРЬБЫ ПРОТИВ СМЕРТНОЙ КАЗНИPoster Chinese 2023- 第21个世界反对死刑日

Since 1976, over forty percent of prisoners executed in American jails have been African American or Hispanic. This trend shows little evidence of diminishing, and follows a larger pattern of the violent criminalization of African American populations that has marked the country’s history of punishment.

In a bold attempt to tackle the looming question of how and why the connection between race and the death penalty has been so strong throughout American history, Ogletree and Sarat headline an interdisciplinary cast of experts in reflecting on this disturbing issue. Insightful original essays approach the topic from legal, historical, cultural, and social science perspectives to show the ways that the death penalty is racialized, the places in the death penalty process where race makes a difference, and the ways that meanings of race in the United States are constructed in and through our practices of capital punishment.

From Lynch Mobs to the Killing State not only uncovers the ways that race influences capital punishment, but also attempts to situate the linkage between race and the death penalty in the history of this country, in particular the history of lynching. In its probing examination of how and why the connection between race and the death penalty has been so strong throughout American history, this book forces us to consider how the death penalty gives meaning to race as well as why the racialization of the death penalty is uniquely American.

• Document type Book
• Countries list United States

Poster 2011

• Document type Campaigning / World Coalition
• Themes list Trend Towards Abolition
• Available languages Poster Arabic 2011Affiche 2011

World Day 2022 Poster in Turkish – ÖLÜM CEZASI: İŞKENCEYLE DÖŞELI BIR YOLDUR

• Document type World Coalition

Poster World Day against the death penalty 2010

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Poster Spanish 2010Affiche journée mondiale 2010

Poster world day against the death penalty 2009

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Affiche journée mondiale 2009

Take action
against the death penalty:
Join the hundreds
of initiatives worldwide
Sign the petition
calling for a universal
moratorium on executions

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Poster Arabic 2007Affiche journée mondiale 2007

• Document type Campaigning / World Coalition

Shattered Justice presents original crime victims’ experiences with violent crime, investigations and trials, and later exonerations in their cases. Using in-depth interviews with 21 crime victims across the United States, Cook reveals how homicide victims’ family members and rape survivors describe the painful impact of the primary trauma, the secondary trauma of the investigations and trials, and then the tertiary trauma associated with wrongful convictions and exonerations. Important lessons and analyses are shared related to grief and loss, and healing and repair. Using restorative justice practices to develop and deliver healing retreats for survivors also expands the practice of restorative justice. Finally, policy reforms aimed at preventing, mitigating, and repairing the harms of wrongful convictions is covered.

• Document type Book
• Countries list United States

One of every 15 women in prison — amounting to more than 6,600 women — is serving a life sentence and nearly 2,000 of these have no chance for parole. Another 52 women in the U.S. are awaiting execution. Many women serving extreme sentences were victims of physical, sexual, and emotional abuse long before they committed a crime.

• Document type NGO report
• Themes list Women

20th World Day on “Torture and the death penalty”.

• Document type Campaigning / World Coalition
• Available languages 2022 ملصق اليوم العال مPoster Spanish – 2022 Día Mundial contra la Pena de MuertePoster Farsi 2022 - بیستمین روز جهانی علیهمجازات مرگAffiche Journée mondiale 2022Poster Russian 2022 - 20Й ВСЕМИРНЫЙ ДЕНЬ ПРОТИВ СМЕРТНОЙ КАЗНИPoster Chinese 2022- 第20届世界反死刑日

Welttag gegen die Todesstrafe Poster

• Document type Array

• Document type Array

• Document type World Coalition

• Document type World Coalition

• Document type World Coalition

• Document type World Coalition

• Document type World Coalition

• Document type Array

The OSCE Office for Democratic Institutions and Human Rights (ODIHR) is one of the world’s principal regional human rights bodies.It promotes democratic elections, respect for human rights, tolerance and non-discrimination, and the rule of law. ODIHR is the human rights institution of the Organization for Security and Co-operation in Europe (OSCE), an intergovernmental body working for stability, prosperity and democracy in its 56 participating States.

• Document type Working with...
• Themes list Networks,
• Available languages Polish : Czym jest ODIHR?Greek : Τι είναι το ODIHR;German : Was ist das ODIHR?Что такое БДИПЧ?Qu’est-ce que le BIDDH?

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 guide is part of Amnesty International’s Education for Human Dignity project and is intended to be used with the project’s substantive modules on poverty and human rights issues. This facilitation manual has been developed, however, with the necessary flexibility to be used alone as a general resource in a diversity of settings.

• Document type NGO report
• Themes list Public opinion, Public debate,

The present report, the first to be submitted to the Human Rights Council, is submitted pursuant to Council resolution 16/9 and covers the human rights developments since the commencement of the mandate of the Special Rapporteur on 1 August 2011.

• Document type Working with...
• Themes list Country/Regional profiles,

This paper will raise awareness of some of the issues facing the child. It will consider and elaborate on each of these issues in as much detail as the current literature permits.

• Document type NGO report
• Themes list Murder Victims' Families, Country/Regional profiles,

Report from PRI that analyzes how there has been a global trend towards the universal abolition of the death penalty and a restriction in the scope and use of capital punishment over the last fifty years.

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