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Document(s)

Life After Sentence of Death: What Becomes of Individuals Under Sentence of Death After Capital Punishment Legislation is Repealed or Invalidated

By James R. Acker, Brian W. Stull, on 25 July 2021


2021

Academic report

United States


More details See the document

More than 2500 individuals are now under sentence of death in the United States. At the same time, multiple indicators—public opinion polls, legislative repeal and judicial invalidation of deathpenalty laws, the reduction in new death sentences, and infrequency of executions—suggest that support for capital punishment has significantly eroded. As jurisdictions abandon or consider eliminating the death-penalty, the fate of prisoners on death row—whether their death sentences, valid when imposed, should be carried out or whether these individuals should instead be spared execution—looms as contentious political and legal issues, fraught with complex philosophical, penological, and constitutional questions. This article presents a detailed account of what has happened historically to persons awaiting execution, principally within the United States but also internationally, at the time capital-punishment legislation is repealed or invalidated (either completely, or with respect to a narrow category of crimes or persons). Our analysis has uncovered no instances of executions being carried out under those circumstances. This finding has important policy implications and is directly relevant to the Supreme Court’s Eighth Amendment jurisprudence, which relies on execution practices as one measure to help inform the Court about whether the death penalty is a cruel and unusual punishment.

  • Document type Academic report
  • Countries list United States

Document(s)

Bylaws 2021

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


2021

World Coalition

fr
More details Download [ pdf - 97 Ko ]

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

  • Document type World Coalition
  • Available languages Statuts 2021

Document(s)

Reducing Facial Stereotype Bias in Consequential Social Judgments: Intervention Success With White Male Faces

By Youngki Hong, Kao-Wei Chua, & Jonathan B. Freeman, Columbia University, on 25 January 2024


2024

Article

United States


More details See the document

Published on December 18, 2023.

Initial impressions of others based on facial appearances are often inaccurate yet can lead to dire outcomes. Across four studies, adult participants underwent a counterstereotype training to reduce their reliance on facial appearance in consequential social judgments of White male faces. In Studies 1 and 2, trustworthiness and sentencing judgments among control participants predicted whether real-world inmates were sentenced to death versus life in prison, but these relationships were diminished among trained participants. In Study 3, a sequential priming paradigm demonstrated that the training was able to abolish the relationship between even automatically and implicitly perceived trustworthiness and the inmates’ life-or-death sentences. Study 4 extended these results to realistic decision-making, showing that training reduced the impact of facial trustworthiness on sentencing decisions even in the presence of decision-relevant information. Overall, our findings suggest that a counterstereotype intervention can mitigate the potentially harmful effects of relying on facial appearance in consequential social judgments.

  • Document type Article
  • Countries list United States

Document(s)

Bylaws of the World Coalition Against the Death Penalty 2023

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


2023

World Coalition

Trend Towards Abolition

fr
More details Download [ pdf - 146 Ko ]

Document(s)

INSECURITY REVEALED: Voices Against the Death Penalty

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


2024

Campaigning

World Coalition

fr
More details Download [ pdf - 1313 Ko ]

Document(s)

Stories of Victims of Terrorism

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


2016

Multimedia content

fr
More details Download [ pdf - 142 Ko ]

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

Document(s)

The Truth About False Confessions and Advocacy Scholarship

By Richard A. Leo / Criminal Law Bulletin, on 1 January 2001


2001

Article

United States


More details See the document

In 1998 Richard A. Leo and Richard J. Ofshe published a study of false confession cases entitled, The Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation, which drew a response from Paul Cassell (1999), The Guilty and the Innocent : An Examination of Alleged Cases of Wrongful Conviction from False Confessions. In this article, the authors demonstrate that Cassell s article misreports the research and analysis contained in Leo and Ofshes 1998 article, and that Cassell s attempt to challenge Leo and Ofshes classifications of nine out of sixty false confessions is erroneous because Cassell excludes or presents an incomplete picture of important facts in his case summaries, selectively ignores enormous inconsistencies, implausibilities and/or contradictions in the prosecution s cases, and fails to acknowledge the existence of substantial exculpatory, if not dispositive, evidence. To illustrate the problems and biases in Cassell s commentary, this article discusses at length one of Cassell s challenges, the Barry Lee Fairchild case, in the main body of the article and in a detailed appendix analyzes the eight other cases (Joseph Giarratano, Paul Ingram, Richard Lapointe, Jessie Misskelley, Bradley Page, James Harry Reyos, Linda Stangel, and Martin Tankleff). Leo and Ofshe provide a point by point refutation of Cassell s assertions in all nine cases, demonstrating that all nine individuals were, as originally classified, almost certainly innocent of the crimes to which they had confessed.

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

Document(s)

Discrimination and Instructional Comprehension: Guided Discretion, Racial Bias, and the Death Penalty

By Craig Haney / Mona Lynch / Law and Human Behavior, on 1 January 2000


2000

Article

United States


More details See the document

This study links two previously unrelated lines of research: The lack of comprehension of capital penalty-phase jury instructions and discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. Dependent measures included a sentencing verdict (life without the possibility of parole or the death penalty), ratings of penalty phase evidence, and a test of instructional comprehension. Results indicated that instructional comprehension was poor overall and that, although Black defendants were treated only slightly more punitively than White defendants in general, discriminatory effects were concentrated among participants whose comprehension was poorest. In addition, the use of penalty phase evidence differed as a function of race of defendant and whether the participant sentenced the defendant to life or death. The study suggest that racially biased and capricious death sentencing may be in part caused or exacerbated by the inability to comprehend penalty phase instructions.

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

Document(s)

EU Policy on Death Penalty

By Council of Europe, on 1 January 2014


2014

Arguments against the death penalty


More details See the document

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

  • Document type Arguments against the death penalty

Document(s)

Leaflet – 2020 World Day

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


2020

Academic report

fr
More details Download [ - 0 Ko ]

2020 World Day 8-page leaflet

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

Document(s)

Co-Sponsorship, Note Verbale, and Association Behaviour at the Unga: An Analysis of the Death Penalty Moratorium Resolutions

By Daniel Pascoe & Sangmin Bae, on 22 April 2021


2021

Academic report

Moratorium


More details See the document

Since December 2007, seven resolutions in favour of a universal moratorium on death penalty executions have been adopted by the UN General Assembly. In an earlier paper (Pascoe and Bae 2020) we examined UN member states’ voting patterns over these seven resolutions, asking why some countries vote in a manner seemingly contradictory to their domestic death penalty practices. With a slightly different focus, we now further explore idiosyncratic state behaviour, this time through an analysis of co-sponsorship and the note verbale of dissociation. Our assumption is that states which plan to vote ‘yes’ in the plenary will also co-sponsor the resolution beforehand. We also presume that states which vote ‘no’ in the plenary will sign the note verbale invariably circulated several months later, as a further means of condemnation.

However, when it comes to the moratorium resolutions, not all member states fit into either of these binary categories. Many countries situate themselves in between the two groups of ‘genuine’ supporters and opponents. These countries in the middle evince inconsistency between their plenary votes and what we term their ‘association behaviour’ before or after the plenary, consisting of co-sponsorship and adherence to the note verbale. This paper analyses these groups of countries to determine the underlying causes for their ambivalent, or even contradictory, positions concerning the moratorium resolutions. The findings of this research stand to enrich not only the academic literature on international organizations, but also to inform the campaigning efforts of abolitionist UN member states and non-governmental organizations.

  • Document type Academic report
  • Themes list Moratorium

Document(s)

The Death Penalty for Drug Offences: Global Overview 2022

on 24 March 2023


2023

NGO report

China

Democratic People's Republic of Korea

Drug Offenses

Indonesia

Iran (Islamic Republic of)

Malaysia

Saudi Arabia

Singapore

Viet Nam


More details See the document

Harm Reduction International has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007. This report, our twelfth on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international standards. As of December 2022, Harm Reduction International (HRI) recorded at least 285 executions for drug offences globally during the year, a 118% increase from 2021, and an 850% increase from 2020. Executions for drug offences are confirmed or assumed to have taken place in six countries: Iran, Saudi Arabia, Singapore, plus in China, North Korea and Vietnam – on which exact figures cannot be provided because of extreme opacity. Therefore, this figure is likely to reflect only a percentage of all drug-related executions worldwide. Confirmed death sentences for drug offences were also on the rise; with at least 303 people sentenced to death in 18 countries. This marks a 28% increase from 2021.

  • Document type NGO report
  • Countries list China / Democratic People's Republic of Korea / Indonesia / Iran (Islamic Republic of) / Malaysia / Saudi Arabia / Singapore / Viet Nam
  • Themes list Drug Offenses

Document(s)

The Contradictions of American Capital Punishment

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


2003

Book

United States


More details See the document

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

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

Document(s)

Executions, Deterrence and Homicide: A Tale of Two Cities

By David T. Johnson / Jeffrey Fagan / Franklin Zimring / Columbia School of Law, on 1 January 2009


2009

Article

China


More details See the document

We compare homicide rates in two quite similar cities with vastly different execution risks. Singapore had an execution rate close to 1 per million per year until an explosive twentyfold increase in 1994-95 and 1996-97 to a level that we show was probably the highest in the world. Hong Kong,has no executions all during the last generation and abolished capital punishment in 1993. Homicide levels and trends are remarkably similar in these two cities over the 35 years after 1973. By comparing two closely matched places with huge contrasts in actual execution but no differences in homicide trends, we have generated a unique test of the exuberant claims of deterrence that have been produced over the past decade in the U.S.

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

Document(s)

From seventy-eight to zero: Why executions declined after Taiwan’s democratization

By Fort Fu-Te Liao / Punishment and Society, on 8 September 2020


2020

Article

Taiwan


More details See the document

This article examines, from a legal perspective, why executions in Taiwan declined from 78 in 1990 to zero in 2006. The inquiry focuses on three considerations: the number of laws that authorized employment of the death penalty; the code of criminal procedure; and the manner in which executions were carried out, including the manner in which amnesty was granted. The article argues that the ratification of international covenants and constitutional interpretations did not play a significant role in the decline, and that several factors that did play a role included the annulment or amendment of laws, changes in criminal procedure, establishment of and further amendments to guidelines for execution and two laws for reducing sentences. This article maintains that the absence of executions in 2006 is a unique situation that will not last because some inmates remain on death row, meaning that executions in Taiwan will continue unless the death penalty is abolished. However, the article concludes that the guarantee of the utmost human right, the right to life, can be sustained in Taiwan through the demands of democratic majority rule.

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

Document(s)

The Death Penalty: A Worldwide Perspective

By Roger Hood / Oxford University Press, on 1 January 2014


2014

Book


More details See the document

The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns.

  • Document type Book
  • Themes list Trend Towards Abolition,

Document(s)

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

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


1996

Regional body report


More details See the document

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

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

Document(s)

The death penalty – Abolition in Europe

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


1999

Book

Czech Republic


More details See the document

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

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

Document(s)

The Last Supper

By Julie Green, on 1 January 2013


2013

Working with...


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The Last Supper illustrates the meal requests of U.S. death row inmates. Cobalt blue mineral paint is applied to second-hand plates, then kiln-fired by technical advisor Toni Acock. I am looking for a space to exhibit all the plates on a ten-year loan. 540 final meals, and two first meals on the outside for exonerated men, are completed to date. I plan to continue adding fifty plates a year until capital punishment is abolished.

  • Document type Working with...
  • Themes list Death Row Conditions,

Document(s)

Adieu to Electrocution

By Deborah W. Denno / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


More details See the document

Much has been written about why electrocution has persisted so stubbornly over the course of the twentieth century. This Article focuses briefly on more recent developments concerning why electrocution should be abolished entirely. Part I of this Article describes the facts and circumstances surrounding Bryan as well as Bryan’s unusual world-wide notice due to the gruesome photos of the executed Allen Lee Davis posted on the Internet. Part II focuses on the sociological and legal history of electrocution, most particularly the inappropriate precedential impact of In re Kemmler. In Kemmler, the Court found the Eighth Amendment inapplicable to the states and deferred to the New York legislature’s determination that electrocution was not cruel and unusual. Regardless, Kemmler has been cited repeatedly as Eighth Amendment support for electrocution despite Kemmler’s lack of modern scientific and legal validity.

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

Document(s)

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

By Council of Europe, on 1 January 1983


1983

Regional body report

enenrufr
More details See the document

Document(s)

Gendering the Death Penalty: Countering Sex Bias in a Masculine Sanctuary

By Victor L. Streib / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

American death penalty laws and procedures persistently minimize cases involving female capital offenders. Recognizing some benign explanations for this disparate impact, Professor Streib nonetheless sees the dearth of female death penalty trials, death sentences, and actual executions as signaling sex bias throughout the death penalty system. In this article, he provides data concerning death sentencing and execution patterns and then suggests both substantive and procedural means to address the apparent sex bias. Much more significant, however, is the unique lens for examining the death penalty that is provided by a sex bias analysis. Professor Streib concludes that this perspective unmasks the system’s crime-fighting rhetoric to reveal a macho refuge that masculinizes all who enter therein.

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

Document(s)

Ohio’s Death Penalty Statute: The Good, the Bad, and the Ugly

By Ohio State Law Journal / Kelly L. Culshaw, on 1 January 2002


Article

United States


More details See the document

As of November 2001, 203 men sit on Ohio’s death row. With the executions of Wilford Berry on February 19, 1999, Jay D. Scott on June 14, 2001, and John Byrd, Jr. on February 19, 2002, the death penalty in Ohio is a reality. The capital defense practitioner representing a client at trial or on appeal must be prepared to defend his or her client against that reality. To that end, this article examines the statutory framework within which capital cases are prosecuted with the express purpose of aiding defense practitioners and improving the quality of capital representation in Ohio. This article analyzes both the positive and negative aspects of Ohio’s death penalty statute. To meet its twin objects, practical advice and suggested litigation strategies are intermingled with critical analysis of the law in Ohio.

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

Document(s)

Capital Punishment in the Philippines

By Arlie Tagayuna / Southeast Asian Studies, on 1 January 2004


2004

Article

Philippines


More details See the document

While an examination of the social and political currents of each country would perhaps be the best way to answer the question “Why is there strong support for capital punishment in Southeast Asia?”, this paper will begin this effort by looking specifically at the Philippines, a society that has received more exposure to democratic tenets and human rights advocacy than other Southeast Asian countries (Blitz, 2000).

  • Document type Article
  • Countries list Philippines
  • Themes list Public opinion,

Document(s)

Should Abolitionists Support Legislative “Reform” of the Death Penalty?

By Carol S. Steiker / Jordan M. Steiker / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


More details See the document

We assessed the Court’s reformist project on its own terms, asking whether the Court achieved the goals explicit or tolerated, if not invited, the inequalities and capriciousness characteristic of the pre-Furman era. We also argued that, apart from its failure on its own terms, the Supreme Court’s reformist regulation of capital punishment might well have carried an additional unanticipated cost. Whereas abolitionists initially sought judicial regulation of the death penalty as at least a first step towards abolition, judicial reform actually may have helped to stabilize the death penalty as a social practice. We argued that the appearance of intensive regulation of state death penalty practices, notwithstanding its virtual absence, played a role in legitimizing the practice of capital punishment in the eyes of actors both within and outside the criminal justice system, and we pointed to some objective indicators—such as the dramatic decline in the use of executive clemency in the post-Furman era[12] —as support for this thesis. Implicit in Furman and the 1976 foundational cases. Our assessment was not a positive one. Although the reformist approach spawned an extraordinarily intricate and detailed capital punishment jurisprudence, the resulting doctrines were in practical terms largely unresponsive to the underlying concerns for fairness and heightened reliability that had first led to the constitutional regulation of the death penalty. We described contemporary capital punishment law as the worst of all possible worlds. Its sheer complexity led to numerous reversals of death sentences and thus imposed substantial costs on state criminal justice systems. On closer inspection, however, the complexity concealed the minimalist nature of the Court’s reforms.

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

Document(s)

The Death Penalty in Ohio: Fairness, Reliability, and Justice at Risk—A Report on Reforms in Ohio’s Use of the Death Penalty Since the 1997 Ohio State Bar Association Recommendations

By S. Adele Shank / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

The report as presented to the Ohio State Bar Association Council of Delegates in 1997,the OSBA’s recommendations and, where there have been changes in the law since that time, updates reflecting those changes. New information is noted at the conclusion of each section of the report immediately following the OSBA recommendation for that section.

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

Document(s)

Appointed but (Nearly) Prevented From Serving: My Experiences as a Grand Jury Foreperson

By Phyllis L. Crocker / Ohio State Journal of Criminal Law, on 1 January 2004


2004

Article

United States


More details See the document

I begin this essay with basic information about grand juries, then tell what happened to our grand jury, and conclude by reflecting on what I learned from this experience. My theme is the tension between the grand jury’s independence and the prosecutor’s desire to control it. The lesson I learned, intellectually and emotionally, is the depth and tenacity of the prosecutor’s assumption that he does control, and has the right to control, the grand jury process. I also learned some lessons about being a client, and believing in oneself and one’s principles.

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

Document(s)

The Problem of False Confessions in the Post – DNA World

By Steven A. Drizen / Richard A. Leo / North Carolina Law Review 82(3), 894-1009, on 1 January 2004


Article

United States


More details See the document

In recent years, numerous individuals who confessed to and were convicted of serious felony crimes have been released from prison— some after many years of incarceration—and declared factually innocent, often as a result of DNA tests that were not possible at the time of arrest, prosecution, and conviction. DNA testing has also exonerated numerous individuals who confessed to serious crimes before their cases went to trial. Numerous others have been released from prison and declared factually innocent in cases that did not involve DNA tests, but instead may have occurred because authorities discovered that the crime never occurred or that it was physically impossible for the (wrongly) convicted defendant to have committed the crime, or because the true perpetrator of the crime was identified, apprehended, and convicted. In this Article, we analyze 125 recent cases of proven interrogation-induced false confessions (i.e., cases in which indisputably innocent individuals confessed to crimes they did not commit) and how these cases were treated by officials in the criminal justice system.This Article has three goals. First, we provide and analyze basic demographic, legal, and case-specific descriptive data from these 125 cases. This is significant because this is the largest cohort of interrogation-induced false confession cases ever identified and studied in the research literature. Second, we analyze the role that (false) confession evidence played in these cases and how the defendants in these cases were treated by the criminal justice system. In particular, this Article focuses on how criminal justice officials and triers-of-fact respond to confession evidence, whether it biases their evaluations and overwhelms other evidence (particularly evidence of innocence), and how likely false confessions are to lead to the wrongful arrest, prosecution, conviction, and incarceration of the innocent. Analysis of the aforementioned questions leads to the conclusion that the problem of interrogationinduced false confession in the American criminal justice system is far more significant than previously supposed. Furthermore, the problem of interrogation-induced false confessions has profound implications for the study of miscarriages of justice as well as the proper administration of justice. Third, and finally, this Article suggests that several promising policy reforms, particularly mandatory electronic recording of police interrogations, will minimize the number of false confessions and thereby inject a much needed dose of justice into the American criminal justice system.

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

Document(s)

The Prejudicial Nature of Victim Impact Statements: Implications for Capital Sentencing Policy

By Edith Greene / Bryan Myers / Psychology, Public Policy and Law, on 1 January 2004


Article

United States


More details See the document

Victim impact evidence is presented during sentencing hearings to convey the harm experienced by victims and victims’ relatives as a result of a crime. Its use in capital cases is highly controversial. Some argue that the Supreme Court’s decision to allow the admission of victim impact statements (VIS) during capital sentencing proceedings (Payne v. Tennessee, 1991) invites prejudice and judgments based on emotion rather than reason. Others reason that it provides an important voice for survivors and affords the jury an opportunity to learn about the victim. The authors outline the chief psychological issues that arise in the context of VIS, including their relevance to jurors’ judgments of blameworthiness, concerns that the social worth of the victim will influence jurors’ sentencing decisions, and issues related to the emotional appeal of VIS. Psycholegal research on the influence of VIS on mock jurors is reviewed, and implications of this work for capital sentencing policy and suggested directions for future research are discussed.

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

Document(s)

Capital Punishment and American Exceptionalism

By Carol S. Steiker / Duke Law School, on 1 January 2002


2002

Article

United States


More details See the document

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,

Document(s)

Addressing Capital Punishment Through Statutory Reform

By Douglas A. Berman / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

State legislatures principally have been responsible for the acceptance and evolution (and even sometimes the abandonment) of capital punishment in the American criminal justice system from the colonial and founding eras, through the nineteenth and twentieth centuries, and now into the twenty-first century. A number of colonial legislative enactments, though influenced by England’s embrace of the punishment of death, uniquely defined and often significantly confined which crimes were to be subject to capital punishment.[1] State legislatures further narrowed the reach of the death penalty through the early nineteenth century as states, prodded often by vocal abolitionists and led by developments in Pennsylvania, divided the offense of murder into degrees and provided that only the most aggravated murderers would be subject to the punishment of death. The late nineteenth and early twentieth centuries also saw states, as the product of legislative enactments, move away from mandating death as the punishment for certain crimes by giving juries discretion to choose which defendants would be sentenced to die. Throughout all these periods, statutory enactments have also played a fundamental role in the evolution of where and how executions are carried out.

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

Document(s)

When Legislatures Delegate Death: The Troubling Paradox Behind State Uses of Electrocution and Lethal Injection and What It Says About Us

By Deborah W. Denno / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

This article discusses the paradoxical motivations and problems behind legislative changes from one method of execution to the next, and particularly moves from electrocution to lethal injection. Legislatures and courts insist that the primary reason states switch execution methods is to ensure greater humaneness for death row inmates. History shows, however, that such moves were prompted primarily because the death penalty itself became constitutionally jeopardized due to a state’s particular method. The result has been a warped legal “philosophy” of punishment, at times peculiarly aligning both friends and foes of the death penalty alike and wrongly enabling legislatures to delegate death to unknowledgeable prison personnel. This article first examines the constitutionality of electrocution, contending that a modern Eighth Amendment analysis of a range of factors, such as legislative trends toward lethal injection, indicates that electrocution is cruel and unusual. It then provides an Eighth Amendment review of lethal injection, demonstrating that injection also involves unnecessary pain, the risk of such pain, and a loss of dignity. These failures seem to be attributed to vague lethal injection statutes, uninformed prison personnel, and skeletal or inaccurate lethal injection protocols. The article next presents the author’s study of the most current protocols for lethal injection in all thirty-six states where anesthesia is used for a state execution. The study focuses on a number of criteria contained in many protocols that are key to applying an injection, including: the types and amounts of chemicals that are injected; the selection, training, preparation, and qualifications of the lethal injection team; the involvement of medical personnel; the presence of general witnesses and media witnesses; as well as details on how the procedure is conducted and how much of it witnesses can see. The study emphasizes that the criteria in many protocols are far too vague to assess adequately. When the protocols do offer details, such as the amount and type of chemicals that executioners inject, they oftentimes reveal striking errors and ignorance about the procedure. Suchinaccurate or missing information heightens the likelihood that a lethal injection will be botched and suggests that states are not capable of executing an inmate constitutionally. Even though executions have become increasingly hidden from the public, and therefore more politically palatable, they have not become more humane, only more difficult to monitor.

  • Document type Article
  • Countries list United States
  • Themes list Lethal Injection, Electrocution,

Document(s)

The Proposed Innocence Protection Act Won’t—Unless It Also Curbs Mistaken Eyewitness Identifications

By Margery Malkin Koosed / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

This article contends that legislatures should adopt measures to assure greater reliability in the eyewitness testimony introduced in capital cases. Erroneous eyewitness identification is one of the most frequent causes of mistaken convictions and executions. Decades ago, the United States Supreme Court crafted due process and right to counsel constitutional doctrines to curb identification procedures that gratuitously enhanced the risk of mistake. While initial interpretations favored a greater judicial role in preventing such abuses, later rulings retreated. Present constitutional rules do not suffice due to the narrowness of their definition and the weakness of the remedial sanctions allotted. The proposed Innocence Protection Act and similar state legislation trust DNA testing to avert mistaken executions. But testing requires biological material that is often not available in capital prosecutions, and so DNA cannot detect all the innocents among those capitally prosecuted. To avert mistaken convictions and executions, legislative reforms need to go beyond DNA, and avert mistakes arising from erroneous eyewitness identifications. Studies show this is one of the most common sources of unjust conviction, and that suchmistakes may well be on the rise. Federal and state legislation should be adopted that provides a stronger curb on suggestive identification practices that gratuitously increase the risk of executing the innocent. The Recommendations for Lineups and Photospreads, developed by the American Psychology/Law Society (AP/LS) in 1998, are an appropriate starting point for legislatures (or state courts exercising their supervisory powers or interpreting state constitutional provisions). Adopting such guidelines will reduce the risk of error in capital cases, with little or no expense borne by the states. Further, to assure that these more reliable procedures will be used during capital case investigations and prosecutions, legislatures and courts should, minimally, adopt an exclusionary rule of the type first announced by the United States Supreme.

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

Document(s)

The “New Abolitionism” and the Possibilities of Legislative Action: The New Hampshire Experience

By Sarat Austin / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

Recently, the work of the abolitionist community has shifted from the courts to the legislatures. In this article, Professor Sarat examines the significance of what he calls the “new abolitionism” in the politics of legislation aimed at changing or ending the death penalty. The author describes the new abolitionism in detail and then examines its role in the May 2000 vote of the New Hampshire State Legislature to repeal the death penalty. The author concludes that the focus of the new abolitionism on the practical liabilities of our system of capital punishment makes it possible for legislators to oppose the death penalty whilepresenting themselves as guardians of widely shared values and the integrity and fairness of our legal institutions.

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

Document(s)

Opting for Real Death Penalty Reform

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


Article

United States


More details See the document

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

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

Document(s)

Greek : НОВЫЕ ТЕНДЕНЦИИ РАЗВИТИЯ УГОЛОВНОГО ЗАКОНОДАТЕЛЬСТВА В КИТАЕ

By Пан Дунмэй / Институт изучения России Хэйлунцзянского университета, on 8 September 2020


2020

Article

China


More details See the document

Бурное социально-экономическое развитие КНР в последние годы обусловило изменения, произошедшие в современном китайском обществе, что, в свою очередь, повлекло необходи- мость изменения уголовного законодательства Китая.

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

Document(s)

Annual report on the death penalty in Iran 2015

By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR), on 1 January 2016


2016

NGO report

fa
More details See the document

The 8th annual report of Iran Human Rights (IHR) on the death penalty provides an in-depth assessment of how the capital punishment was implemented in 2015 in the Islamic Republic of Iran.
In addition to providing the number of executions that were conducted, the report also looks at the trends compared to previous years, the methods of execution, geographical distribution, the charges that were used by authorities to justify the executions and the articles in the penal law that were used to issue the death sentences.

Document(s)

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

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


2006

Working with...


More details See the document

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

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

Document(s)

In Defense of the Right to Life: International Law and Death Penalty in the Philippines

By Commission on Human Rights of the Philippines , on 1 January 2017


2017

Academic report


More details See the document

This study is a joint collaboration between international law expert Dr Christopher Ward SC, Senior Counsel of the New South Wales Bar and Adjunct Professor of the Australian National University, and the Commission on Human Rights of the Philippines.

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

Document(s)

Designed to break you: Human Rights Violations in Texas’ Death Row

By The Human Rights Clinic at the University of Texas School of Law, on 1 January 2017


Academic report


More details See the document

The State of Texas stands today as one of the most extensive utilizers of the death penalty worldwide. Consequently, inmate living conditions on Texas’ death row are ripe for review. This report demonstrates that the mandatory conditions implemented for death row inmates by the Texas Department of Criminal Justice(TDCJ) are harsh and inhumane. Particular conditions of relevance include mandatory solitary confinement, a total ban on contact visits with both attorneys and friends and family, substandard physical and psychological health care, and a lack of access to sufficient religious services.

  • Document type Academic report
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Conditions, Death Row Phenomenon, Death Penalty, Country/Regional profiles,

Document(s)

Death sentences and executions in 2016

By Amnesty International, on 1 January 2017


NGO report

fres
More details See the document

This report covers the judicial use of the death penalty for the period January to December 2016. As in previous years, information is collected from a variety of sources, including: official figures; information from individuals sentenced to death and their families and representatives; reporting by other civil society organizations; and media reports. Amnesty International reports only on executions, death sentences and other aspects of the use of the death penalty, such as commutations and exonerations, where there is reasonable confirmation.

Document(s)

Capital Punishment in Pennsylvania: The Report of the Task Force and Advisory Committee

By Joint State Government Commission, on 1 January 2018


2018

Government body report


More details See the document

Senate Resolution No.6 in 2011 called for a study of the contemporary capital punishment system in the Commonwealth. Pennsylvania is among the 31 states and the federal government that authorize capital punishment. During the last four decades in Pennsylvania, hundreds of murderers have been convicted and condemned to death; however, there have been only three executions.This study follows others on the same or related topics, including those conducted by the American Bar Association and the Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Justice System. The SR6 report is the culmination of work done by the Justice Center for Research at The Pennsylvania State University, the Interbranch Commission on Gender, Racial and Ethnic Fairness, and an advisory committee comprised of judges, public defenders, district attorneys, victim advocates, inmate advocates, clergy, law enforcement officials, and other expert stakeholders.

  • Document type Government body report
  • Themes list Death Penalty, Statistics,

Document(s)

Annual Report On The Death Penalty In Iran 2017

By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR), on 1 January 2018


NGO report

fr
More details See the document

The 10th annual report on the death penalty by Iran Human Rights (IHR) provides an assessment and analysis of the death penalty trends in 2017 in the Islamic Republic of Iran.The report sets out the number of executions in 2017, the trend compared to previous years, charges, geographic distribution and a monthly breakdown of executions.

Document(s)

Mass Injustice: Statistical Findings on the Death Penalty in Egypt

By Reprieve, on 1 January 2019


2019

NGO report


More details See the document

This report, Mass Injustice, presents the Egypt Death Penalty Index (“the Index”), a first-of-its-kind website and statisticaldatabase on Egypt’s application of thedeath penalty. The report provides background information on Egypt’s growing unlawful application of the death penalty, and explains how the Index was compiled.

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

Document(s)

Annual Report on the Death Penalty in Iran 2018

By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR), on 1 January 2019


NGO report


More details See the document

This report provides an assessment and analysis of death penalty trends in 2018 in the Is-lamic Republic of Iran. It sets out the number of executions in 2018, the trend compared to previous years, the legislative framework and procedures, charges, geographic distribution and a monthly breakdown of executions.

  • Document type NGO report
  • Themes list World Coalition Against the Death Penalty, Death Penalty, Country/Regional profiles,

Document(s)

Death Penalty in India: 2018 Annual Statistics Report

By Project 39A, on 1 January 2019


NGO report


More details See the document

The number of death sentences reached a new peak in 2018 in India.

  • Document type NGO report
  • Themes list Public debate, Death Penalty, Statistics,

Document(s)

Death Penalty in India: Annual Statistics Report 2019

By NLU Delhi , on 1 January 2020


2020

Academic report


More details See the document

The ‘Death Penalty in India: Annual Statistics’ attempts to create a comprehensive year-by-year documentation of movements in the death row population in India. The publication tracks important political and legal developments in the administration of the death penalty and the criminal justice system in the year 2019.

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

Document(s)

By Amnesty International / Anti-Death Penalty Asia Network, on 1 January 2020


NGO report


More details See the document

Энэхүү илтгэлийг боловсруулахдаа хэд хэдэн хэргийг тоймлон бичсэн ба тэдгээр нь цаазын ялыг хэрэгжүүлэхийн бодит аюулыг ил тодорхой харуулж байна.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Death Penalty in India: Annual Statistics Report 2020

By Project 39A, on 1 January 2020


Academic report

India


More details See the document

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

  • Document type Academic report
  • Countries list India

Document(s)

Striving to Eliminate Unjust Executions: Why the ABA’s Individual Rights & Responsibilities Section Has Issued Protocols on Unfair Implementation of Capital Punishment

By Ronald J. Tabak / Ohio State Law Journal, on 8 September 2020


2020

Article

United States


More details See the document

The ABA concluded in 1997 that pervasive unfairness in capital punishment regimes warranted a halt to executions unless all of the systemic problems the ABA identified were corrected. Four years later, with those problems still pervasive, the ABA’s Section of Individual Rights and Responsibilities issued protocols designed to facilitate the evaluation of the fairness—or lack thereof—of a jurisdiction’s capital punishment system. The protocols are particularly timely because many state legislative bodies are authorizing, or considering authorizing, studies of death penalty implementation. The protocols provide an overview, a list of questions to consider, and recommendations with regard to each topic area they cover. While these are not exhaustive, and are not fully applicable in every death penalty jurisdiction, they should prove invaluable to any group seeking to seriously evaluate the manner in which capital punishment is actually administered today.

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

Document(s)

Bulgarian : Как гласът ни да бъде чут в ЕС:Наръчник за НПО

By Civil Society Contact Group, on 8 September 2020


Academic report

enenenenenenenenenfres
More details See the document

Това обучение наръчник е специално проектиран за тези “новодошъл”, неправителствени организации и активисти, които са в процес на създаване на Европейска стратегия. Това се постига, чрез предоставяне на “пригодени направени информация за институциите на ЕС, начин на работа на европейски НПО, както и лобиране” съвети “, илюстрирани с примери на ниво кампании на ЕС.

Document(s)

Final Declaration 6th World Congress Against the Death Penalty

By Ensemble contre la peine de mort (ECPM), on 1 January 2016


2016

Multimedia content

fr
More details See the document

The participants to the 6th World Congress against the death penalty have handed over their final declaration, calling again for the universal abolition of the death penalty.

Document(s)

UPR death penalty stakeholder report template

By The Advocates for Human Rights, on 1 January 2015


2015

Working with...


More details See the document

Template for civil society submissions to the Universal Periodic Review of human rights organised by the United Nations.

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

Document(s)

Estonian : Enda kuuldavaks tegemine Euroopa Liidus: juhend vabaühendustele

By Civil Society Contact Group, on 8 September 2020


2020

Academic report

enenenenenenenenenfres
More details See the document

Document(s)

THE RACIAL GEOGRAPHY OF THE FEDERAL DEATH PENALTY

By Robert J. Smith / Ben Cohen / Washington Law Review, on 1 January 2010


2010

Article

United States


More details See the document

Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the expansion of the venire from the county to the district level has a dramatic demographic impact on the racial make-up of the jury. This inquiry demonstrates that the conversation concerning who should make up the jury of twelve neighbors and peers—a discussion begun well before the founding of our Constitution—continues to have relevance today. Louisiana, Missouri, Virginia and Maryland referred to.

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

Document(s)

Support for the Death Penalty in Developed Democracies: A Binational Comparative Case Study

By Kevin Buckler / Willian Reed Benedict / Ben Brown / International Criminal Justice Review, on 1 January 2010


Article

Mexico


More details See the document

To assess support for the death penalty in Mexico and South Korea, surveys were administered to students at institutions of higher education. The majority of respondents in Mexico (52.3%) and South Korea (60.8%) supported the death penalty. Given that the Mexican and South Korean governments have histories of using criminal justice agencies to suppress democratic reform, the high level of support for the death penalty indicates that a history of authoritarian governance may not inculcate widespread opposition to the punishment. Concomitantly, regression analyses of the data indicate that beliefs about the treatment afforded to criminal suspects do not significantly affect support for capital punishment. Contrary to research conducted in the United States, which has consistently shown support for capital punishment is lower among females than among males, regression analyses of the data show that gender has no impact on support for the death penalty; findings that call for a reexamination of the thesis that the gender gap in support for the death penalty in the United States is the result of a patriarchal social structure.

  • Document type Article
  • Countries list Mexico
  • Themes list Public opinion, Public debate,

Document(s)

Annual Report on Human Rights 2009

By United Kingdom Foreign & Commonwealth Office, on 1 January 2010


Government body report


More details See the document

During 2009, we continued to strive for the global abolition of the death penalty. We made our opposition to it clear in our engagement with countries around the world, both bilaterally and in partnership with the EU. Bilaterally, we continue to fund work in the Caribbean, Africa, the Middle East and Eastern Asia from our Human Rights Strategic Programme Fund. This includes working with key NGO partners, such as the Death Penalty Project and the Centre for Capital Punishment Studies at Westminster University in London. We also continued to raise the death penalty directly with governments, including China, Jamaica and the US.

  • Document type Government body report
  • Themes list Trend Towards Abolition,

Document(s)

Lapan lembaran kes (meliputi China, India, Indonesia, Jepun, Malaysia, Pakistan, Singapura, Taiwan)

By Amnesty International / Anti-Death Penalty Asia Network, on 1 January 2011


2011

Academic report

enenenenenenzh-hant
More details See the document

Document(s)

Judging Innocence

By Brandon Garrett / Columbia School of Law, on 1 January 2008


2008

Article

United States


More details See the document

This empirical study examines for the first time how the criminal system in the United States handled the cases of people who were subsequently found innocent through postconviction DNA testing. The data collected tell the story of this unique group of exonerees, starting with their criminal trials, moving through levels of direct appeals and habeas corpus review, and ending with their eventual exonerations. Beginning with the trials of these exonerees, this study examines the leading types of evidence supporting their wrongful convictions, which were erroneous eyewitness identifications, forensic evidence, informant testimony, and false confessions. Yet our system of criminal appeals and postconviction review poorly addressed factual deficiencies in these trials. Few exonerees brought claims regarding those facts or claims alleging their innocence. For those who did, hardly any claims were granted by courts. Far from recognizing innocence, courts often denied relief by finding errors to be harmless.

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

Document(s)

Lethal Injustice in Asia: End unfair trials, stop executions

By Amnesty International / Anti-Death Penalty Asia Network, on 1 January 2011


2011

NGO report

enenenenenenenenzh-hant
More details See the document

More people are executed in the Asia-Pacific region than in the rest of the world combined. Add to this the probability that they were executed following an unfair trial, and the gross injustice of this punishment becomes all too clear.

Document(s)

The Death Penalty in China: Towards the Rule of Law

By Nicola Macbean / Ashgate Publishing, on 1 January 2008


2008

Academic report


More details See the document

In the run up to the 2008 Olympics in Beijing, intemational criticism of China’s human rights record has highlighted the use of the death penalty. Although global activists may try to intemationalise China’s use ofthe death penalty, capital punishment is a domestic issue.

  • Document type Academic report
  • Themes list Public debate, Cruel, Inhuman and Degrading Treatment and Punishment, Country/Regional profiles,

Document(s)

Annual report on the death penalty in Iran 2014

By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR), on 1 January 2015


2015

NGO report


More details See the document

The seventh annual report of Iran Human Rights (IHR) on the death penalty gives an assessmentof how the death penalty was implemented in 2014 in the Islamic Republic of Iran.In addition to providing the number of executions that were conducted, the report alsolooks at the trends compared to previous years, the methods of execution, geographicaldistribution, the charges that were used by authorities to justify the executions and thearticles in the penal law that were used to issue the death sentences. Lists of the womenand juvenile offenders executed in 2014 are also included.

  • Document type NGO report
  • Themes list Juveniles, Minorities, Religion , Due Process , Fair Trial, International law, Capital offences, Drug Offences, Hanging, Statistics,

Document(s)

Criminology: racial discrimination in the administration of the death penalty: the experience of the united states armed forces (1984–2005)

By David C. Baldus / Catherine M. Grosso / Northwestern University School of Law / Richard Newell, on 1 January 2012


2012

Article

United States


More details See the document

This Article presents evidence of racial discrimination in the administration of the death penalty in the United States Armed Forces from 1984 through 2005.

  • Document type Article
  • Countries list United States
  • Themes list Minorities, Country/Regional profiles,

Document(s)

Japan’s Secretive Death Penalty Policy: Contours, Origins, Justifications, and Meanings

By David T. Johnson / Asian-Pacific Law & Policy Journal, on 1 January 2006


2006

Article

Japan


More details See the document

The secrecy that surrounds capital punishment in Japan is taken to extremes not seen in other nations. This article describes the Japanese state’s policy of secrecy and explains how it developed in three historical stages: the “birth of secrecy” during the Meiji period (1867 – 1912); the creation and spread of “censored democracy” during the postwar Occupation (1945 – 1952); and the “acceleration of secrecy” during the decades that followed. The article then analyzes several justifications for secrecy that Japanese prosecutors provide. None seems cogent. The final section explores four meanings of the secrecy policy that relate to the sources of death penalty legitimacy, the salience of capital punishment, the nature of Japan’s democracy, and the role and rule of law in Japanese society.

  • Document type Article
  • Countries list Japan
  • Themes list Transparency,

Document(s)

WHEN THE FEDERAL DEATH PENALTY IS “CRUEL AND UNUSUAL”

By Michael J. Zydney Mannheimer / The University of Cincinnati Law Review, on 1 January 2006


Article

United States


More details See the document

Recent changes to the way the U.S. Department of Justice decides whether to pursue capital charges have made it more likely that the federal death penalty will be sought in cases in which the criminal conduct occurred within States that do not authorize capital punishment for any crime. As a result, since 2002, five people have been sentenced to death in federal court for conduct that occurred in States that do not authorize the death penalty. This state of affairs is in serious tension with the Eighth Amendment’s proscription against “cruel and unusual punishments.”

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

Document(s)

Bringing Reliability Back In: False Confessions and Legal Safeguards in the 21st Century

By Steven A. Drizen / Bradley R. Hall / Peter J. Neufeld / Richard A. Leo / Wisconsin Law Review / Amy Vatner, on 1 January 2006


Article

United States


More details See the document

In this Article, we point out the failures of the legal tests governing admissibility of confessions, tracing the historical development of these flawed standards. We propose a new standard that we believe reinvigorates the largely forgotten purpose of the rules—reliability of confession evidence—in part by requiring the electronic recording of custodial interrogations.

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

Document(s)

Deadly Injustice. Visualizing Executions in Iran 2011-2015

By Iran Human Rights (IHR), on 1 January 2015


2015

NGO report


More details See the document

On the occasion of the 13th World Day Against the Death Penalty, Iran Human Rights in collaboration with “Small media” published an overview of the IHR’s annual reports from 2011-2014 along with the first half of 2015. This report shows that the average daily number of executions have increase from under two executions each day in 2011-2014 to three daily executions in 2013. The report also highlights some of the victims of the Iranian authorities deadly injustice.

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

Document(s)

Report No. 262. The Death Penalty

By The Law Commission of India, on 1 January 2015


2015

Government body report


More details See the document

The Law Commission of India examines the status of the death penalty in the country. Even if Report No. 262 still considers appropriate to maintain the death penalty for terrorism related crimes, it marks an historic shift insofar it recommends India to move towards the abolition of the death penalty. The Law Commission thinks that abolitionism does not constitute a risky experiment anymore, since the Indian socio-economic and cultural environment has greatly changed.

  • Document type Government body report
  • Themes list Trend Towards Abolition, Most Serious Crimes, Death Penalty,

Document(s)

A year-end compilation of death penalty data for the state of Missouri : Annual Report 2015

By Missourians for Alternatives to the Death Penalty, on 1 January 2015


NGO report


More details See the document

MADP released its annual report which highlights some of the major problems with Missouri’s broken death penalty system. Here is a snapshot of the death penalty in Missouri in 2015: 6 executions in 2015 but no new death sentences in Missouri in 2015.

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

Document(s)

Romanian : Cum s v face i vocea auzit în cadrul Uniunii Europene: Îndreptar pentru Organiza iile Non-Guvernamentale

By Civil Society Contact Group, on 8 September 2020


2020

Academic report

enenenenenenenenenfres
More details See the document

Acest îndreptar a fost creat în mod special pentru acele ONG-uri care abia i-au început activitatea i pentru membrii acestora, implica i în procesul de formulare a unei strategii europene. Pentru a- i atinge scopul, aceast publica ie ofer informa ii despre UE adaptate pe m sura fiec rei organiza ii, precum i sfaturi legate de activitatea de „lobbying”, ilustrate prin prezentara unor cazuri de campanii la nivelul UE.

Document(s)

Death Penalty Sentencing in Trial Courts: Delhi, Madhya Pradesh and Maharashtra (2000-2015)

By Project 39A, on 1 January 2019


2019

Academic report


More details See the document

Compiled by Project 39A from the National University Law in Delhi, India and based on numerous figures and statistics, this report attempts to understand how death sentencing is practised among the district and sessions courts in India.

  • Document type Academic report
  • Themes list Death Penalty,

Document(s)

Italian : Far sentire la propria voce nell’UE Guida per le ONG

By Civil Society Contact Group, on 8 September 2020


2020

Academic report

enenenenenenenenenfres
More details See the document

Document(s)

Hindi : आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenzh-hant
More details See the document

इस रिपोर्ट संकलन में मामलों की संख्या की समीक्षा की गई है जो स्पष्ट रूप से मौत की सजा को लागू करने के बहुत असली खतरों का प्रदर्शन. आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)

Document(s)

Tanzania Human Rights Report – 2017 ‘Unknown Assailants’: A Threat to Human Rights

By Legal and Human Rights Centre, on 8 September 2020


NGO report

United Republic of Tanzania


More details See the document

“Unknown Assailants: A Threat to Human Rights”So is named The Tanzania Human Rights Report of 2017 released by the Legal and Human Rights Centre (LHRC).This report was published on April, 25th 2018 and it enlights for the fifteenth time the major human rights violation in Tanzania. This report, while it deals with human rights violation in Tanzania concerning civil and politial rights, freedom of violence, freedom of expression, etc, also presents some issues due to these violations such as the right to participate in governance, particularly the right to participate in political life, which are deny.

  • Document type NGO report
  • Countries list United Republic of Tanzania
  • Themes list Death Penalty, Statistics, Country/Regional profiles,

Document(s)

Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenenenzh-hant
More details See the document

아시아∙태평양 지역에서는 세계 나머지 모든 곳을 다 합친 것보다 더 많은 사람이 사형을 당한다. 게다가 불공정한 재판을 받고 사형당할 가능성까지 감안하면 사형이 얼마나 부당한 제도인지 명백히 드러난다. 공정한 재판을 받지 못한 채 사형이 집행된 후에는 이를 되돌이킬 방법이 전혀 없다.

Document(s)

UPR Pre-Session Statement on the Death Penalty in Iran

By Iran Human Rights (IHR) / World Coalition Against the Death Penalty, on 1 January 2014


2014

NGO report


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This statement is delivered on behalf of the World Coalition against the Death Penalty (WCADP), Iran Human Rights (IHR), Abdorrahman Boroumand Foundation,The Advocates for Human Rights, an NGO with special consultative status, and Association for Human Rights in Kurdistan of Iran-Geneva.The statement addresses the following issues: (1) extensive use of the death penalty(official and unofficial figures); (2) the death penalty against juvenile offenders; (3) public executions; (4) the death penalty for murder or “qesas/retribution;” (5) the death penalty for drug-related charges, and; (6) the death penalty for other non-violent offenses.

  • Document type NGO report
  • Themes list Juveniles, Minorities, International law, Capital offences, Right to life, Drug Offences, Hanging, Stoning,

Document(s)

Urdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغ

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


2020

NGO report

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ںیم سا ۔ےہ یتاج ید توم ےازس وک دارفا ہدایز ےس ایند یقاب ںیم ےطخ کفسیپ ایشیا ںیم ےجیتن ےک تعامس ہنافصنمریغ ںیہنا ہک ےئاج ایل رک لماش یھب وک ناکما سا رگا ۔ےہ یتاجوہ حضاو یفاصناان یعومجم یک ازس سا وت یئگ ید ازس

Document(s)

Tagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang Pagbitay

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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Mas maraming tao ang pinarusahan ng kamatayan sa Rehiyong Asya-Pasipikokung ikukumpara sa pinagsamang iba pang bahagi ng mundo. Idagdag pa rito ang probabilidad na sila ay binitay pagkatapos ng di-makatarungang paglilitis, at lalong lilinaw ang garapal na inhustisya ng parusang ito.

Document(s)

Japanese : 八ケースシート(カバー中国、インド、インドネシア、日本、マレーシア、パキスタン、シンガポール、台湾)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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Document(s)

Death Penalty Issues Checklist – Universal Periodic Review Stakeholder Reports

By The Advocates for Human Rights, on 8 September 2020


Academic report


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List of points of international human rights law to review when submitting a report on a country’s use of the death penalty to the United Nations’ Universial Periodic Review.

  • Document type Academic report
  • Themes list International law,

Document(s)

Mongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъя

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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Ази, Номхон далайн бүсэд дэлхийн бусад орнуудыг нийлүүлж тооцсоноос ч илүү олон хүнийг цаазалж байна. Үүнээс гадна тэр хүмүүсийг шударга бус шүүхээр шүүсэн байх магадлалтай бөгөөд энэхүү шийтгэл нь асар ичгүүргүй, шударга бус болох нь улам ойлгомжтой болсоор байна.

Document(s)

Japanese : 不当に奪われる生命 ~アジアにおける不公正な裁判を止め、 死刑執行の停止を~

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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アジア太平洋地域における死刑の執行数は、世界の他の地域の合計数よりも多い。その上、不公正な裁判で処刑された可能性や、死刑の著しい不正義が明らかに なっている。誤判で死刑判決が言い渡されると、取り返しがつかない。アジア 太平洋地域の人口の95パーセントが、 死刑を存置

Document(s)

Annual report on the death penalty in Iran 2013

By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR), on 1 January 2014


2014

NGO report

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The sixth annual report of Iran Human Rights (IHR) on the death penalty gives an assessment of how the death penalty was implemented in 2013 in the Islamic Republic of Iran.

Document(s)

Supreme Court of India ruling in Shatrughan Chauhan & Anr. Versus Union of India & Ors.

By P. Sathasivam / Supreme Court of India / Ranjan Gogoi / Shiva Kirti Singh, on 8 September 2020


2020

Multimedia content

India


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The Court (pictured) ruled in favour of two prisoners who petitioned for a commutation of their death sentences to life imprisonment, claiming “the unconscionably long delay in deciding the mercy petition has caused the onset of chronic psychotic illness”. It acknowledged the “unbearable mental agony after confirmation of death sentence” and added that in some cases “death-row prisoners lost their mental balance on account of prolonged anxiety and suffering experienced on death row”.

  • Document type Multimedia content
  • Countries list India
  • Themes list Mental Illness, International law, Death Row Conditions, Death Row Phenomenon,

Document(s)

Hindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करो

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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संयुक्त दुनिया के बाकी की तुलना में एशिया – प्रशांत क्षेत्र में और अधिक लोगों को क्रियान्वित कर रहे हैं. इस संभावना है कि वे एक अनुचित परीक्षण के बाद मार डाला गया जोड़ें, और इस सज़ा के सकल अन्याय सब भी स्पष्ट हो जाता है.

Document(s)

Indonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusi

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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Lebih banyak orang yang dieksekusi mati di kawasan Asia-Pasifik dibandingkan dengan gabungan jumlah hukuman mati di kawasan lain di dunia. Ditambah lagi adanya kemungkinan bahwa mereka dieksekusi hukuman mati setelah melalui sebuah peradilan yang tidak adil, maka ketidakadilan yang sangat besar dari hukuman ini menjadi semakin jelas.

Document(s)

Human Rights and Democracy: The 2010 Foreign & Commonwealth Office Report

By United Kingdom Foreign & Commonwealth Office, on 8 September 2020


NGO report

Afghanistan


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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,

Document(s)

Indonesian : Delapan kasus lembar (meliputi Cina, India, Indonesia, Jepang, Malaysia, Pakistan, Singapura, Taiwan)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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Document(s)

Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิต

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenenenzh-hant
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Document(s)

Slovene : Naj se slisi vas glas v EU: Prirocnik za nevladne organizacije

By Civil Society Contact Group, on 8 September 2020


Academic report

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Document(s)

Portuguese : Faça ouvir A sua voz na União Europeia!

By Civil Society Contact Group, on 8 September 2020


Academic report

enenenenenenenenenfres
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Facultando informações talhadas à medida sobre as instituições comunitárias ou sobre o modo de funcionamento das ONG europeias, fornecendo igualmente conselhos sobre a actividade de lobbying, este manual de formação, ilustrado com exemplos de campanhas realizadas ao nível europeu, foi elaborado com a intenção de servir as ONG e as(os) activistas que começaram agora a preocupar-se com a definição e a afirmação da sua própria estratégia europeia.

Document(s)

German : Einfluss nehmen in der EU: Ein Handbuch für NROs

By Civil Society Contact Group, on 8 September 2020


Academic report

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Document(s)

Hungarian : Hallassuk hangunkat az EU-ban: útmutató civil szervezeteknek

By Civil Society Contact Group, on 8 September 2020


Academic report

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Document(s)

Annual report on the death penalty in Iran 2020

By Iran Human Rights (IHR), ECPM (Together Against the Death Penalty), on 4 May 2021


2021

NGO report

Iran (Islamic Republic of)

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The 13th annual report on the death penalty by Iran Human Rights (IHR) and ECPM (Together Against the Death Penalty) provides an assessment and analysis of the death penalty trends in 2020 in the Islamic Republic of Iran.

Document(s)

Urdu : آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


2020

NGO report

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اس رپورٹ کو ترتیب دیتے ہوئے کئی مقدمات کا دوبارہ جائزہ لیا گیا جس سے سزائے موت پر عمل درآمد سے پیدا ہونے والے اصل خطرات ظاہر ہوئے ہیں۔ آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)

Document(s)

Thai : แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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ในรายงานฉบับนี้ มีการทบทวนคดีต่างๆ ที่เกิดขึ้นซึ่งสะท้อนให้เห็นอย่างชัดเจนถึงอันตรายร้ายแรงของการใช้โทษประหารชีวิต การตัดสินว่าใครจะถูกประหารและใครที่จะรอด มักไม่ แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)

Document(s)

Tagalog : Eight kaso sheet (sumasakop sa China, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, Taiwan)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenzh-hant
More details See the document