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Document(s)

THE DEATH PENALTY, EXTRADITION, AND THE WAR AGAINST TERRORISM: U.S. RESPONSES TO EUROPEAN OPINION ABOUT CAPITAL PUNISHMENT

By Kathryn F. King / Buffalo Human Rights Law Review, on 1 January 2003


2003

Article


More details See the document

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,

Document(s)

Does the Rest of the World Matter? Sovereignty, International Human Rights Law and the American Death Penalty

By Oko Elechi / Eric Lamber / Alan W. Clarke / Queen's Law Journal / Laurie Anne Whitt, on 1 January 2004


2004

Article

United States


More details See the document

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,

Document(s)

Compliance with ICJ Provisional Measures and the Meaning of Review and Reconsideration Under the Vienna Convention on Consular Relations: Avena and other Mexican Nationals (Mex. v. U.S.)

By Linda E. Carter / Michigan Journal of International Law, on 1 January 2003


2003

Article

Mexico


More details See the document

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,

Document(s)

Explaining Death Row’s Population and Racial Composition

By Theodore Eisenberg / John Blume / Journal of Empirical Legal Studies / Martin T. Wells, on 8 September 2020


2020

Article

United States


More details See the document

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,

Document(s)

The Unusualness of Capital Punishment

By Louis D. Bilionis / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


More details See the document

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,

Document(s)

Executing the Innocent: the Next Step in the Marshall Hypotheses

By Eric G. Lambert / Alen W. Clarke / New York University (NYU) / Laurie Anne Whitt, on 1 January 2000


Article

United States


More details See the document

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,

Document(s)

When the Wall has Fallen: Decades of Failure in the Supervision of Capital Juries

By Jose Felipe Anderson / Ohio Northern University Law Review, on 1 January 2000


Article

United States


More details See the document

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,

Document(s)

CAPITAL PUNISHMENT AND ELITE POLITICS: DISSENSUS AND THE DEATH PENALTY IN AMERICA

By Judith Randle / Studies in Law, Politics and Society, on 1 January 2003


2003

Article

United States


More details See the document

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,

Document(s)

Death Penalty – Mistake (Leonel Herrera)

By Amnesty International / YouTube, on 8 September 2020


2020

Academic report

United States

es
More details See the document

This video explores the story of Leonel Herrera who was sentenced to death for the murder of a police man. A statement from his nephew came many years later that shed light on Leonels innocence.

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)

Amnesty International Death Penalty Awareness Weeks guide

By Amnesty International, on 1 January 2012


2012

Campaigning


More details See the document

This is a guide for preparing events against the death penalty. It includes a “How to” guide for holding different types of events. It also provides a short factsheet on death penalty information in the United States.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Incestuous Rape and the Death Penalty in the Philippines: Psychological and Legal Implications

By Seema Kandelia / Philippine Law Journal, on 1 January 2006


2006

Article

Philippines


More details See the document

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,

Document(s)

The Death Penalty in Japan: An “Absurd” Punishment

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


2020

Article

Japan


More details See the document

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

  • Document type Article
  • Countries list Japan

Document(s)

The Codemned: Bali 9

By Dateline / SBS, on 1 January 2010


2010

Legal Representation


More details See the document

Two of the Bali Nine have been speaking publicly for the first time… just days ahead of final hearings on whether their death sentences for drug trafficking will be carried out.Dateline reporter Mark Davis gained exclusive access to Myuran Sukumaran and Andrew Chan in the ‘death tower’ at Indonesia’s Kerobokan Prison.They talk openly about their lives then and now, what they think of their crimes, and the prospect of facing death by firing squad.Mark also hears first-hand of the heartache for their families back in Australia, as they wait to hear if their pleas for clemency will be granted.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Fight for Life on Death Row (Greg Tomson)

By 60 Minutes / CBS News, on 1 January 2008


2008

Legal Representation


More details See the document

This video explores the case of Greg Tomson who killed a 28 year woman. Originally he was seen as competent to stand trial, now his defense who are appealing his case, are trying to show that Tomson was not mentally stable when he committed the crime and also that he does not understand why the state is seeking the death penalty against him.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Executing the Insane: The Story of Scott Panetti

By The Texas Defender Service / Google videos, on 1 January 2007


2007

Legal Representation


More details See the document

Scott Panetti was accused of killing his parents in law and convicted. Scott suffered from severe mental illness for many years, Schizophrenia. He dismissed his legal counsel and represented himself at trial wearing a cow boy suit and asking irrelavent questions. This video tells the story of Scott Panetti’s case and questions whether he was mentally stable to attend trial and represent himself.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

The Use of Peremptory Challenges in Capital Murder Trials: A Legal and Empirical Analysis

By George Woodworth / David C. Baldus / David Zuckerman / University of Pennsylvania Journal of Constitutional Law / Neil Alan Weiner / Barbara Broffitt, on 1 January 2001


2001

Article

United States


More details See the document

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,

Document(s)

Innocence Unmodified

By Emily Hughes / North Carolina Law Review , on 1 January 2010


2010

Article

United States


More details See the document

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,

Document(s)

The North Carolina Racial Justice Act

By North Carolina Coalition For A Moratorium / YouTube, on 1 January 2009


2009

Arguments against the death penalty


More details See the document

House Bill 472 and Senate Bill 461, known as The North Carolina Racial Justice Act, addresses racial discrimination in capital sentencing. This video featuring death row exonoree Edward Chapman, talks about racial bias and how the Racial Justice Act attempts to assure that race would not play a role in who gets the death penalty.

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

Document(s)

The Challenge to the Mandatory Death Penalty in the Commonwealth Caribbean

By JOANNA HARRINGTON / American Journal of International Law, on 1 January 2004


2004

Article


More details See the document

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,

Document(s)

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

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


2020

NGO report

Afghanistan


More details See the document

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)

A blow to human rights: Taiwan resumes executions: The Death Penalty in Taiwan, 2010

By Taiwan Alliance to End the Death Penalty, on 1 January 2011


2011

NGO report

zh-hant
More details See the document

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(s)

State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults

By Daniel Ottosson / International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), on 1 January 2010


2010

NGO report

enfres
More details See the document

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(s)

Creating More Victims: How Executions Hurt the Families Left Behind

By Robert Renny Cushing / Susannah Sheffer / Murder Victims' Families for Human Rights, on 1 January 2005


2005

NGO report


More details See the document

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(s)

The Death Penalty in the United States: An International Human Rights Perspective

By Anthony N. Bishop / Texas Law Review, on 1 January 2002


2002

Article

United States


More details See the document

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,

Document(s)

In the Place of Justice: A Story of Punishment and Deliverance

By Wilbert Rideau / Knopf, on 1 January 2011


2011

Book

United States


More details See the document

A death row inmate finds redemption as a prison journalist in this uplifting memoir. In 1961, after a bungled bank robbery, Rideau was convicted of murder at the age of 19 and received a death sentence that was later commuted to life in prison.

  • Document type Book
  • Countries list United States
  • Themes list Death Row Conditions,

Document(s)

The Effect of Race, Gender, and Location on Prosecutioral Decisions to Seek the Death Penalty in South Carolina

By Isaac Unah / Michael J. Songer / South Carolina Law Review, on 1 January 2006


2006

Article

United States


More details See the document

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,

Document(s)

Killing as Punishment: Reflections on the Death Penalty in America

By Hugo Adam Bedau / Northeastern, on 1 January 2004


2004

Book

United States


More details See the document

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,

Document(s)

The Next Frontier: National Development, Political Change, and the Death Penalty in Asia

By David T. Johnson / Franklin E. Zimring / Oxford University Press, on 1 January 2009


2009

Book

China


More details See the document

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

Document(s)

Tessie Hutchinson and the American System of Capital Punishment

By Earl F. Martin / Maryland Law Review, on 1 January 2000


2000

Article

United States


More details See the document

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,

Document(s)

America’s Experiment With Capital Punishment: Reflections on the Past, Present, and Future of the Ultimate Penal Sanction

By Carol S. Steiker / James R. Acker / Jordan M. Steiker / Richard J. Wilson / Robert Blecker / Stephen B. Bright / Charles S. Lanier / Robert M. Bohm / Carolina Academic Press / Ernest van den Haag / Ruth D. Peterson / William C. Bailey / Jon Sorensen / James Marquart / Victor L., on 8 September 2020


2020

Book

United States


More details See the document

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

Document(s)

Religion and the Death Penalty: A Call for Reckoning

By John D. Carlson / Erik C. Owens / Wm. B. Eerdmans Publishing Company / Eric P. Elshtain / J. Budziszewski / E. J. Dionne / Avery Cardinal Dulles / Stanley Hauerwas / Frank Keating / Gilbert Meilaender / David Novak, on 1 January 2004


2004

Book


More details See the document

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 ,

Document(s)

Justice by Geography and Race: The Administration of the Death Penalty in Maryland 1978-1999

By Robert Brame / Raymond Paternoster / Margins Law Journal / Sarah Bacon / Andrew Ditchfield, on 1 January 2004


Article

United States


More details See the document

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,

Document(s)

End the Death Penalty, Mike Farrell on Meet the Bloggers

By Meet the Bloggers / YouTube, on 1 January 2008


2008

Arguments against the death penalty


More details See the document

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,

Document(s)

Equality of the Damned: The Execution of Women on the Cusp of the 21st Century

By Elizabeth Rapaport / Ohio Northern Law Review 26(3), 581-600, on 1 January 2000


2000

Article

United States


More details See the document

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,

Document(s)

Living with murder, the video documentary: Meet those touched by Detroit homicide

By Suzette Hackney / Kathy Kieliszewski / Romain Blanquart / Detroit Free Press, on 1 January 2011


2011

Legal Representation


More details See the document

More than 3,300 people have been murdered in the City of Detroit since 2003. In this Detroit Free Press documentary, meet some of the families who have lost loved ones to homicide, are searching for justice and trying to come to terms with their losses.

  • Document type Legal Representation
  • Themes list FRONTPAGE

Document(s)

Stephen Bright v. Death Penalty

By Moblogic TV / YouTube, on 1 January 2008


2008

Arguments against the death penalty


More details See the document

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,

Document(s)

Innocence, Error, and the ‘New Abolitionism’: A Commentary

By Sarat Austin / Criminology & Public Policy, on 1 January 2005


2005

Article

United States


More details See the document

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,

Document(s)

The Death Penalty in China

By Sky News / YouTube, on 1 January 2015


2015

Arguments against the death penalty

fr
More details See the document

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(s)

The cultural lives of capital punishment: comparative perspectives

By Sangmin Bae / David T. Johnson / Virgil K.Y. Ho / Evi Girling / Agata Fijalkowski / Julia Eckert / Christian Boulanger / Austin Sarat / Stanford University Press / Botagoz Kassymbekova / Shai Lavi / Jürgen Martschukat, on 1 January 2005


2005

Book

China


More details See the document

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,

Document(s)

Oleg Alkaev, former head of Belarus’s death row

By Amnesty International / Daily Motion, on 8 September 2020


2020

Academic report

Belarus

fr
More details See the document

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(s)

Jeremy Irons talks about the death penalty

By Amnesty International, on 1 January 2007


2007

Arguments against the death penalty


More details See the document

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

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

Document(s)

Judy Kerr: Murder Victim Family Member

By California Crime Victims for Alternatives to the Death Penalty / YouTube, on 1 January 2009


2009

Working with...


More details See the document

Judy Kerr talks about her experience as a murder victim family member and her opposition against the death. Responding to violence with violence is not the answer.

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

Document(s)

Commentary on Counsel’s Duty to Seek and Negotiate a Disposition in Capital cases (ABA Guideline 10.9.1)

By Russell Stetler / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

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,

Document(s)

The Politics of Fear and Death: Successive Problems in Capital Federal Habeas Corpus.”

By Bryan A. Stevenson / New York University (NYU), on 1 January 2002


2002

Article

United States


More details See the document

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,

Document(s)

No to the Death Penalty, No to Revenge

By YouTube, on 1 January 2008


2008

Working with...


More details See the document

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

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

Document(s)

Execution Facility Tour of North Carolina Death Row

By Scott Langley / YouTube, on 1 January 2010


2010

Arguments against the death penalty


More details See the document

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,

Document(s)

Emerging Issues in Juvenile Death Penalty Law

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


2000

Article

United States


More details See the document

As our society’s enduring marriage to the death penalty prepares to enter yet another century, it is a marriage that places the children in danger. Why is it that we continue to impose the death penalty for crimes committed by juvenile offenders? As questionable as the death penalty is in general, might we not at least place an “adults only” label on it? The rest of the world has already done so. Only in America need children fear execution by their own government.

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

Document(s)

Cut This: The Death Penalty

By ABC7 / YouTube, on 1 January 2010


2010

Arguments against the death penalty


More details See the document

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,

Document(s)

Finality Without Fairness: Why We Are Moving Towards Moratoria on Executions, and the potential Abolition of Capital Punishment

By Ronald J. Tabak / Connecticut Law Review, on 1 January 2001


2001

Article

United States


More details See the document

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 ,

Document(s)

The Last Meals Project

By The Last Meals Project, on 8 September 2020


2020

Working with...


More details See the document

This series visually documents the face and last meal of a convicted killer and is without question honest and true. This will be an ongoing project as executions continue to take place in the United States.

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

Document(s)

Give up Tomorrow

By Michael Collins / Thoughtful Robot Production, on 1 January 2011


2011

Legal Representation


More details See the document

Reflecting schisms of race, class, and political power at the core of the Philippines’ tumultuous democracy, clashing families, institutions, and individuals face off to convict or free Paco, accused of the rape and murder of two chinese-philipino women.

  • Document type Legal Representation
  • Themes list Innocence,

Document(s)

The ‘Shocking Truth’ About the Electric Chair: An Analysis of the Unconstitutionality of Electrocution

By Dawn Macready / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


More details See the document

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,

Document(s)

Death to the Death Penalty/ La peine de mort est condamnée à disparaître/Muerte a la Pena de Muerte.

By Amnesty International / YouTube, on 1 January 2010


2010

Working with...


More details See the document

This video is part of the campaign run by Amnesty International titled “Death to the Death Penalty”, in the video wax figures ressembling forms of execution melt away leaving only the Amnesty International candle burning/Ce video, réalisé par Amnesty International pour la campagne intitulé “La peine de mort est condamnée à disparaître”/Muerte a la Pena de Muerte.

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

Document(s)

Of Crimes and Punishment

By Cesare Beccaria-Bonesana / Philip H. Nicklin, on 1 January 1764


1764

Book

enenfrzh-hantes
More details See the document

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(s)

Raise the Proof: A Default Rule for Indigent Defense

By Adam M. Gershowitz / Connecticut Law Review, on 1 January 2007


2007

Article

United States


More details See the document

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,

Document(s)

Still Unfair, Still Arbitrary — But Do We Care?

By Samuel L. Gross / Ohio Northern University Law Review, on 8 September 2020


2020

Article

United States


More details See the document

My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.

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

Document(s)

A victim of 9/11 hate crime now fights for his attacker’s life

By Kari Huus / MSNBC, on 8 September 2020


Academic report

United States


More details See the document

Immigrant badly wounded by ‘Arab Slayer’ mounts long-shot bid to halt execution.

  • Document type Academic report
  • Countries list United States
  • Themes list Retribution, Murder Victims' Families,

Document(s)

The Execution of Cameron Todd Willingham: Junk Science, an Innocent Man, and the Politics of Death

By Paul C. Giannelli / Case Legal Studies Research Paper No. 2011-18 , on 1 January 2011


2011

Article

United States


More details See the document

The case of Cameron Todd Willingham has become infamous and was enmeshed in the death penalty debate and the reelection of Texas Governor Rick Perry, who refused to grant a stay of execution. The governor has since attempted to derail an investigation by the Texas Forensic Science Commission.

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

Document(s)

Death by Design: Capital Punishment As a Social Psychological System

By Craig Haney / Oxford University Press, on 1 January 2005


2005

Book

United States


More details See the document

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,

Document(s)

Against the death penalty: international initiatives and implications

By Richard C. Dieter / Sangmin Bae / Seema Kandelia / William A. Schabas / Lilian Chenwi / Peter Hodgkinson / Roger Hood / Lina Gyllensten / Nicola Machean / Jane Marriott / Julian Killingley / Quincy Whitaker / Jon Yorke (ed) / Ashgate Publishing Limited / Rachael Stokes, on 1 January 2008


2008

Book

China


More details See the document

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,

Document(s)

Mercy on Trial: What It Means to Stop an Execution

By Austin Sarat / Princeton University Press, on 1 January 2005


2005

Book

United States


More details See the document

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,

Document(s)

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

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


2011

Article

United States


More details See the document

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

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

Document(s)

Into the Abyss

By Werner Herzog / Skellig Rock (Werner Herzog Film) / Channel 4 (Spring Films), on 1 January 2011


Legal Representation


More details See the document

We do not know when and how we will die. Death Row inmates do. Werner Herzog embarks on a dialogue with Death Row inmates, asks questions about life and death and looks deep into these individuals, their stories, their crimes. There are interviews (video).

  • Document type Legal Representation
  • Themes list Death Row Conditions,

Document(s)

Death IS Different: An Editorial Introduction to the Theme Issue.

By Richard L. Wiener / Craig Haney / Psychology, Public Policy and Law, on 1 January 2004


2004

Article

United States


More details See the document

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,

Document(s)

The Last Word: Rewriting the American death penalty

By Lawrence O’Donnell / MSNBC, on 1 January 2011


2011

Campaigning


More details See the document

Sept. 22: The execution of Troy Davis drew an unprecedented amount of media attention. But where was the outrage over Derrick Mason who was put to death in Alabama today? MSNBC’s Lawrence O’Donnell has more in the Rewrite.

  • Document type Campaigning
  • Themes list Fair Trial, Innocence, Arbitrariness,

Document(s)

Military court exonerates Chiang Kuo-ching

By Rich Chang / Taipei Times, on 1 January 2011


Legal Representation


More details See the document

A military court yesterday acquitted Chiang Kuo-ching (江國慶), who was executed for the rape and murder of a girl 15 years ago, in a posthumous trial.

  • Document type Legal Representation
  • Themes list Innocence,

Document(s)

Putting Them There, Keeping Them There, and Killing Them: An Analysis of State-Level Variations in Death Penalty Intensity

By William S. Lofquist / Iowa Law Review, on 1 January 2002


2002

Article

United States


More details See the document

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,

Document(s)

Make Me Believe

By Dax-Devlon Ross / Outside the Box Publishing, on 1 January 2011


2011

Book

United States


More details See the document

A Crime Novel Based on Real Events, follows the discoveries and dangerous encounters of a fictional author investigating the case of Toronto Patterson, the last juvenile defendant executed in Texas.

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

Document(s)

Randall Adams, 61, Dies; Freed With Help of Film

By Douglas Martin / New York Times, on 1 January 2011


Legal Representation


More details See the document

Randall Dale Adams, who spent 12 years in prison before his conviction in the murder of a Dallas police officer was thrown out largely on the basis of evidence uncovered by a filmmaker, died in obscurity in October in Washington Court House, Ohio. He was 61.

  • Document type Legal Representation
  • Themes list Innocence,

Document(s)

Dead Reckoning: Executions in America

By Greg Mitchell / Sinclair Books , on 1 January 2011


Book

United States


More details See the document

The fast-paced new book, “Dead Reckoning,” offers a critical overview of capital punishment in America, along with a vivid discussion of current issues central in today’s debate, based on many interviews. Along the way, Mitchell turns to a wide cast of notable abolitionists, from Charles Dickens and Mark Twain to Albert Camus and Christopher Hitchensو and Steve Earle.

  • Document type Book
  • Countries list United States

Document(s)

Premeditated: meditations on capital punishment

By Malaquias Montoya / University of Notre Dame, on 1 January 2004


2004

Working with...


More details See the document

Meditations on Capital Punishment, Recent Works by Malaquias Montoya features recently created silkscreen images and paintings, and related research dealing with the death penalty and penal institutions.

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

Document(s)

The Story of Chiou Ho-shun

By Taiwan Alliance to End the Death Penalty / Ho Chao-ti, on 1 January 2011


2011

Legal Representation


More details See the document

Chiou Ho-shun, a death row inmate in Taiwan, may be executed at any time. He said, ‘ I hope you can save me, but if it’s too late, please scatter my ashes in the Longfeng harbour, and buy a meatball, come and see me.’

  • Document type Legal Representation
  • Themes list Torture,

Document(s)

Death and Harmless Error: A Rhetorical Response to Judging Innocence

By Colin P. Starger / Columbia School of Law, on 1 January 2011


Article

United States


More details See the document

The ‘Garret Study’ analyses the first 200 post conviction DNA exonerations in the United States. This article wheights the impact of the study and how it will depend on how jurists, politicians, and scholars extrapolate the explanatory power of the data.

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

Document(s)

Capital Punishment As Human Sacrifice: A Societal Ritual as Depicted in George Elliot’s Adam Bede

By Roberta M. Harding / Buffalo Law Review 48, 175-248, on 1 January 2000


2000

Article

United States


More details See the document

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,

Document(s)

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

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


2020

Article


More details See the document

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

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

Document(s)

Another Place Beyond Here: The Death Penalty Moratorium Movement in the United States

By Jeffrey L. Kirchmeier / University of Colorado Law Review, on 1 January 2002


2002

Article

United States


More details See the document

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 ,

Document(s)

Furman Fundamentals

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


2007

Article

United States


More details See the document

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

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

Document(s)

Towards an Islamic Critique of Capital Punishment

By Robert Postawko / Journal of Islamic and Near Eastern Law, on 1 January 2002


2002

Article

Iran (Islamic Republic of)


More details See the document

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,

Document(s)

The Death Penalty in Japan: The Law of Silence – Going Against the International Trend

By Florence Bellivier / International Federation for Human Rights (FIDH) / Dan Van Raemdonck / Jiazhen Wu, on 8 September 2020


2020

NGO report

Japan

fr
More details See the document

This report is the outcome of a fact-finding mission conducted by FIDH in July 2008, in order to assess the measures taken by the Japanese government to implement the recommendations made by a previous investigation, conducted in 2003.The conclusions of the report are appalling. According to Florence Bellivier, General Secretary of FIDH “Japan continues to condemn criminals to death, and incarcerate them up for decades, in prisons where secrecy and isolation are commonplace, in total disregard of the world opinion”. In addition, the rhythm of the executions has accelerated over the recent years. “2008 has been a record year, with more executions this year than in any other of the last fifteen years. We are witnessing a real step backwards” added Dan Van Raemdonck, Vice-President of FIDH. Thirteen persons have been executed since the beginning of the year, and 102 are currently on death row. There has not been a single retrial of a death penalty case since 1986, and no convicted prisoner has been pardoned since 1975.

Document(s)

India: Lethal Lottery: The Death Penalty in India – A study of Supreme Court judgments in death penalty cases 1950-2006

By Amnesty International / Bikram Jeet Batra, on 8 September 2020


NGO report

India


More details See the document

The report shows that contrary to the majority Bench’s views and intentions in Bachan Singh, errors and arbitrariness have not been checked by the safeguards in place, and no small role in this has been played by the judges themselveswho have rarely adhered to the requirements laid down in Bachan Singh, making it clear that it is commonly the judge’s subjective discretion that eventually decides the fate of the accused-appellant.

  • Document type NGO report
  • Countries list India
  • Themes list Due Process , Statistics,

Document(s)

Resolution 63/168 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


International law - United Nations

aresfrruzh-hant
More details See the document

Document(s)

The High Cost of the Death Penalty

By Death Penalty Focus, on 8 September 2020


Arguments against the death penalty


More details See the document

A fact sheet on the cost of the death penalty in the United States. Life emprisonment without parole is suggested.

  • Document type Arguments against the death penalty
  • Themes list Transparency, Death Penalty, Financial cost,

Document(s)

Resolution 62/149 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


International law - United Nations

aresfrruzh-hant
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Document(s)

Note verbale dated 11 January 2008 from the Permanent Missions to the United Nations of Afghanistan, Antigua and Barbuda, […] and Zimbabwe addressed to the Secretary-General

By United Nations, on 8 September 2020


United Nations report

Afghanistan

Antigua and Barbuda

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

China

Comoros

Democratic People's Republic of Korea

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Fiji

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Japan

Jordan

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Maldives

Mauritania

Mongolia

Moratorium

Myanmar

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Suriname

Syrian Arab Republic

Thailand

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

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The Permanent Missions to the United Nations in New York listed below present their compliments to the Secretary-General of the United Nations and have the honour to refer to resolution 62/149, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 15 November 2007, and subsequently by the General Assembly on 18 December 2007 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 to existing stipulations under international law, for the following reasons:

Document(s)

Korean : 사형제도 극단적 형벌

By Amnesty International, on 8 September 2020


Academic report

enfres
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과연 사형제도가 범죄를 억제할까?; 정치적 도구로 사용되는 사형; 비밀리에 이뤄지는 사형집행; 생명을 생명으로 갚아라?; 인도적인’ 살인 – 과연 ‘인도적인’ 사형집행 방식이 존재하는가?; 국제사회는 사형에 반대한다 – 전세계적인 사형제도 폐지를 향해; 국가에 의해 살해당한 사람들

Document(s)

The Death Penalty in Botswana: Hasty and Secretive Hangings – International Fact Finding Mission

By International Federation for Human Rights (FIDH), on 8 September 2020


NGO report

Botswana


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This report determined that the death penalty remains a sensitive and secretive issue in Botswana. The authorities are reluctant to encourage public debate about the death penalty and its possible abolition. There is a total lack of transparency in the actual execution process of the death sentence. The hasty way in which most recent hangings have been carried out, further cast doubt upon the willingness of the Government of Botswana to seriously address this issue.

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

Document(s)

USA: Breaking a lethal habit – A look back at the death penalty in 2007

By Amnesty International, on 8 September 2020


NGO report

United States

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This document looks back at the death penalty in 2007 beginning with the New Jersey Death Penalty Study Commission releasing its final report recommending abolition and concluding with the UN General Assembly passing a landmark resolution calling for a global moratorium. It includes death by electrocution; abolition; execution, commutation and stay of execution; mental illness; child rape as well as geographical and colour bias.

Document(s)

A Crisis of Confidence: Americans’ Doubts About the Death Penalty

By Death Penalty Information Center / Richard C. Dieter, on 8 September 2020


NGO report

United States


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According to a national public opinion poll conducted in 2007, the public is losing confidence in the death penalty. People are deeply concerned about the risk of executing the innocent, about the fairness of the process, and about the inability of capital punishment to accomplish its basic purposes. Most Americans believe that innocent people have already been executed, that the death penalty is not a deterrent to crime, and that a moratorium should be placed on all executions.

  • Document type NGO report
  • Countries list United States
  • Themes list Public opinion,

Document(s)

Indonesian : Praktek Hukuman Mati Di Indonesia

By Kontras, on 8 September 2020


NGO report

Indonesia


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Paper ini merupakan catatan monitoring KontraS terhadap praktek hukuman mati di Indonesia. Indonesia merupakan salah satu negara di dunia yang masih menerapkan hukuman mati dalam aturan pidananya. Padahal, hingga Juni 2006, lebih dari setengah negara-negara di dunia telah menghapuskan praktek hukuman mati baik secara de jure atau de facto. Di tengah kecenderungan global akan moratorium hukuman mati, praktek ini justru makin lazim diterapkan di Indonesia. Paling tidak selama empat tahun berturut-turut telah dilaksanakan eksekusi mati terhadap para orang narapidana. Pro-kontra penerapan hukuman mati ini semakin menguat, karena tampak tak sejalan dengan komitmen Indonesia untuk tunduk pada kesepakatan internasional yang tertuang dalam Kovenan Internasional tentang Hak Sipil dan Politik serta Kovenan Internasional tentang Hak Ekonomi, Sosial dan Budaya.

  • Document type NGO report
  • Countries list Indonesia

Document(s)

Viêt Namese : Những biến chuyển về mặt Pháp Lý về sự riêng tư trên Internet và quyền tự do ngôn luận ảnh hưởng đến công việc và sự an toàn của những nhà Đấu Tranh Nhân Quyền toàn cầu.

By Frontline, on 8 September 2020


Academic report

enes
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Khi emails của chúng ta không đến được người nhận hay khi chúng ta không thể lên được mạng? Chúng ta phản ứng như thế nào về chuyện virus phá hoại các máy vi tính trên thế giới, hay một email tưởng như đến từ một người bạn, yêu cầu mở một hồ sơ đính kèm? Những quyết định thiếu thông tin sẽ dẫn đến sự chọn lựa không hay, và s ựlệ thuộc mù quáng vào khoa học kỹ thuật thường dẫn đến những lỗi lầm đắt giá. Tài liệu này không nhắm tới những thiên tài điện toán. Mục đích của nó là huấn luyện những người sử dụng máy vi tính một cách bình thường và cung cấp họ những giải pháp cho những vấn đề về bảo mật và an toàn trong môi trường điện toán hiện nay.

Document(s)

Iraq: The Death Penalty, Executions, and “Prison Cleansing”

By Human Rights Watch, on 8 September 2020


NGO report

Iraq


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This briefing paper examines Iraq’s arbitrary and widespread use of the death penalty and extrajudicial executions. For more than three decades, the government of President Saddam Hussein has sanctioned the use of the death penalty and extrajudicial executions as a tool of political repression, both in order to eliminate real or suspected political opponents and to maintain a reign of terror over the population at large. The executions that have taken place over this period constitute an integral part of more systematic repression – characterized by widespread arbitrary arrests, indefinite detention without trial, death in custody under torture, and large-scale “disappearances” – through which the government has sustained its rule.

  • Document type NGO report
  • Countries list Iraq
  • Themes list Due Process ,

Document(s)

I don’t want another kid to die: Families of Victims Murdered by Juveniles Oppose Juvenile Executions

By Robert Renny Cushing / Susannah Sheffer / Murder Victims' Families for Human Rights, on 8 September 2020


NGO report

United States


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“I don’t want another kid to die” is a report about the juvenile death penalty from the perspective of family members of victims killed by juvenile offenders and parents of juvenile offenders who have been executed.

  • Document type NGO report
  • Countries list United States
  • Themes list Juveniles, Murder Victims' Families,

Document(s)

Uzbekistan: ‘Justice only in heaven’ – the death penalty in Uzbekistan

By Amnesty International, on 8 September 2020


NGO report

Uzbekistan


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This document reports on the use of the death penalty in Uzbekistan. It looks at the scope of the death penalty and the current hurdles to its abolition. The report also examines those factors which commonly lead to judicial error – the use of arbitrary detention and torture, unfair trials and corruption.The latter part of the report looks at the conditions for prisoners on death row and the suffering inflicted by the state on the families of those sentenced to death.

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

Document(s)

Socialist Republic of Viet Nam: The death penalty – inhumane and Ineffective

By Amnesty International, on 8 September 2020


NGO report

Viet Nam

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Amnesty International is alarmed by the recent dramatic rise in the reported imposition of the death penalty in Viet Nam, particularly for drugs-related offences and other economic crimes. It believes that the continuing use of the death penalty in Viet Nam is the ultimate cruel, inhuman and degrading punishment and a breach of the right to life and that the conditions surrounding its imposition in Viet Nam are in contravention of international human rights standards. In this report Amnesty is calling on the Vietnamese Government to immediately establish a moratorium on all executions, while taking steps towards total abolition of the death penalty in accordance with international standards and United Nations recommendations.

Document(s)

Uzbekistan: Unfair trials and secret executions: Summary of the report “‘Justice only in heaven’ – the death penalty in Uzbekistan”

By Amnesty International, on 8 September 2020


NGO report

Uzbekistan

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This document provides a summary of the report “Uzbekistan: “Justice only in heaven” – the death penalty in Uzbekistan” (EUR 62/011/2003).

Document(s)

THE PEOPLE’S REPUBLIC OF CHINA – The Death Penalty in 2000

By Amnesty International, on 8 September 2020


NGO report

China


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The attached report analyses the use of the death penalty in China in 2000 and examines sentencing patterns and the legislation behind the death penalty in China.

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

Document(s)

Indonesian : Indonesia: Urusan tentang pidana mati

By Amnesty International, on 8 September 2020


NGO report

Indonesia

en
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Amnesty International juga prihatin akan adanya seruan untuk memperluas jenis masalah kejahatan yang dapat dijatuhi pidana mati. Saat ini pidana mati dapat dijatuhkan pada pelaku kejahatan yang berhubungan dengan masalah pembunuhan; kejahatan menentang keamanan negara; pembunuhan Presiden atau Wakil Presiden dan kejahatan yang berhubungan dengan narkoba. Berlawanan dengan kecenderungan internasional yang ingin menghapuskan atau mengurangi jumlah kasus kejahatan yang dapat dijatuhi pidana mati, dua undang-undang yang berhubungan dengan kejahatan terhadap kemanusiaan dan terorisme yang telah diadopsi selama empat tahun terakhir mencantumkan pidana mati atas beberapa kejahatan. Pada tahun-tahun belakangan ini juga telah ada seruan untuk menjatuhkan pidana mati bagi pelaku penebangan kayu ilegal dan pelaku korupsi.

Document(s)

Courtroom Contortions: How America’s application of the death penalty erodes the principle of equal justice under law

By Anthony G. Amsterdam / American Prospect, on 8 September 2020


Article

United States


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One cost this country pays for the death penalty is that its courts are constantly compelled to corrupt the law in order to uphold death sentences. That corruption soils the character of the United States as a nation dedicated to equal justice under law.This is not the only price we pay for being one of the very few democracies in the world that retains capital punishment in the 21st century. But it is a significant item on the cost side of the cost-benefit ledger, something that each thinking person ought to balance in deciding whether he or she supports capital punishment. And it warrants discussion because this cost is little understood. I have spent much of my time for the past 40 years representing death-sentenced inmates in appeals at every level of the state and federal judicial systems, and I am only lately coming to realize how large a tax the death penalty imposes on the quality of justice in those systems.

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

Document(s)

Myanmar: The Administration Of Justice – Grave And Abiding Concerns

By Amnesty International, on 8 September 2020


NGO report

Myanmar


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This report discusses Amnesty International’s concern about political imprisonments in Myanmar. Arbitrary arrests; torture and ill-treatment during incommunicado detention; unfair trials; and laws which greatly curtail the rights to freedom of expression and assembly continue as major obstacles to the improvement in the State Peace and Development Council’s human rights record. The section dedicated to the death penalty talks about the death penalty system in relation to specific cases.

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