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Document(s)

Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate

By D. Michael Risinger / Journal of Criminal Law and Criminology, on 1 January 2007


2007

Article

United States


More details See the document

The news about the astounding accuracy of felony convictions in the United States, delivered by Justice Scalia and Joshua Marquis in the passage set out epigrammatically above, would be cause for rejoicing if it were true. Imagine. Only 27 factually wrong felony convictions out of every 100,000! Unfortunately, it is not true, as the empirical data analyzed in this article demonstrates. To a great extent, those who believe that our criminal justice system rarely convicts the factually innocent and those who believe such miscarriages are rife have generally talked past each other for want of any empirically-justified factual innocence wrongful conviction rate. This article remedies at least a part of this problem by establishing the first such empirically justified wrongful conviction rate ever for a significant universe of real world serious crimes: capital rape-murders in the 1980’s. Using DNA exonerations for capital rape-murders from 1982 through 1989 as a numerator, and a 406-member sample of the 2235 capital sentences imposed during this period, this article shows that 21.45%, or around 479 of those, were cases of capital rape murder. Data supplied by the Innocence Project of Cardozo Law School and newly developed for this article show that only 67% of those cases would be expected to yield usable DNA for analysis. Combining these figures and dividing the numerator by the resulting denominator, a minimum factually wrongful conviction rate for capital rape-murder in the 1980’s emerges: 3.3%. The article goes on to consider the likely ceiling accompanying this 3.3% floor, arriving at a slightly softer number for the maximum factual error rate of around 5%. The article then goes on to analyze the implications of a factual error rate of 3.3%-5% for both those who currently claim errors are extremely rare, and those who claim they are extremely common. Extension of the 3.3%-5% to other capital and non-capital categories of crime is discussed, and standards of moral duty to support system reform in the light of such error rates is considered at length.

  • Document type Article
  • Countries list United States
  • 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


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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 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


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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)

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


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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


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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)

Emerging Issues in Juvenile Death Penalty Law

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


2000

Article

United States


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

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

Document(s)

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


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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)

Executing The Innocent and Support for Capital Punishment: Implications for Public Policy

By Francis T. Cullen / James D. Unnver / Criminology and Public Policy, on 1 January 2005


2005

Article

United States


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

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

Document(s)

Executing the Insane: The Story of Scott Panetti

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


2007

Legal Representation


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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)

Remedying Wrongful Execution

By Meghan J. Ryan / University of Michigan, on 1 January 2011


2011

Article

United States


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The Article highlights that statutory compensation schemes overlook the case of Cameron Todd Willingham, executed in 2004, of wrongful execution and the greater injustice it entails and urges that the statutes be amended in light of this grievous wrong that has come to the fore of American criminal justice systems.

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

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


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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)

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


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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)

A ‘Commonsense’ Theory of Deterrence and the ‘Ideology’ of Science: The New York State Death Penalty Debate

By John F. Galliher / James M. Galliher / Journal of Criminal Law and Criminology, on 1 January 2001


2001

Article

United States


More details See the document

This research will consider the principal claims and counterclaims made by death penalty supporters and opponents, as well as document the manner in which these claims were advanced or refuted. The nineteen-year debate provides a natural laboratory that can assist our understanding of why the United States is the only Western industrialized democracy to retain capital punishment.

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

Document(s)

Not to Decide is to Decide: The U.S. Supreme Courts Thirty-Year Struggle With One Case About Competency to Waive Death Penalty Appeals

By Phyllis L. Crocker / Wayne Law Review 49(4), 885-938, on 1 January 2004


2004

Article

United States


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In 1995, the U.S. Supreme Court dismissed Rees v. Peyton, Rees was a death penalty case in which the petitioner sought to withdraw his petition for writ of certiorari so that he could be executed. The Court stayed the proceedings after Rees was found incompetent to waive his appeal, but the Court did not dismiss the case until after Rees died of natural causes. Rees pended in the Court during the terms of three Chief Justices. Even though the Court underwent major changes in personnel and philosophy during those years, the Court’s treatment of Rees was essentially the same–to hold the case in abeyance. This article chronicles the extraordinary history of Rees in the U.S. Supreme Court for those thirty years.

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

Document(s)

Crossing the line: Rape-murder and the death penalty

By Phyllis L. Crocker / Ohio Northern Law Review 26(3), 689-723., on 1 January 2000


2000

Article

United States


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When a woman is raped and then murdered, it is among the most horrifying of crimes. It is also, often, among the most sensational, notorious, and galvanizing of cases. In 1964, Kitty Genovese was raped and murdered in Queens, New York. Her murder sparked soul-searching across the country because her neighbors heard her cries for help and did not respond: it made us question whether we had become an uncaring people. During the 1970s and 80s a number of serial killers raped and murdered their victims: including Ted Bundy in Florida and William George Bonin, the “Freeway Killer,” in Southern California. In the 1990s, the sexual assault-murder of seven- year-old Megan Kanka in New Jersey contributed to a firestorm of states passing sex offender notification statutes. Rolando Cruz was released from Illinois death row in 1995, after serving eleven years for a crime he did not commit: the rape and murder of ten-year-old Jeanine Nicarico. The crime itself sent shock waves through the Chicago metropolitan area and pressure to quickly solve it contributed to Cruz’s arrest and conviction. In each instance the rape- murder terrified us and made us want to impose the severest of punishments. This explores the crime and punishment of those convicted of committed rape .murder

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

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)

A Heavy Thumb on the Scale: The Effect of Victim Iimpact Evidence On Capital Decision Making

By Ray Paternoster / Criminology / Jerome Deise, on 1 January 2011


2011

Article

United States


More details See the document

The past several decades have seen the emergence of a movement in the criminal justice system that has called for a greater consideration for the rights of victims. One manifestation of this movement has been the “right” of victims or victims’ families to speak to the sentencing body through what are called victim impact statements about the value of the victim and the full harm that the offender has created. Although victim impact statements have been a relatively noncontroversial part of regular criminal trials, their presence in capital cases has had a more contentious history. The U.S. Supreme Court overturned previous decisions and explicitly permitted victim impact testimony in capital cases in Payne v. Tennessee (1991). The dissenters in that case argued that such evidence only would arouse the emotions of jurors and bias them in favor of imposing death. A body of research in behavioral economics on the “identifiable victim effect” and the “identifiable wrongdoer effect” would have supported such a view. Using a randomized controlled experiment with a death-eligible sample of potential jurors and the videotape of an actual penalty trial in which victim impact evidence (VIE) was used, we found that these concerns about VIE are perhaps well placed. Subjects who viewed VIE testimony in the penalty phase were more likely to feel negative emotions like anger, hostility, and vengeance; were more likely to feel sympathy and empathy toward the victim; and were more likely to have favorable perceptions of the victim and victim’s family as well as unfavorable perceptions of the offender. We found that these positive feelings toward the victim and family were in turn related to a heightened risk of them imposing the death penalty. We found evidence that part of the effect of VIE on the decision to impose death was mediated by emotions of sympathy and empathy. We think our findings open the door for future work to put together better the causal story that links VIE to an increased inclination to impose death as well as explore possible remedies.

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

Document(s)

The politics of increasing punitiveness and the rising populism in Japanese criminal justice policy

By Setsuo Miyazawa / Punishment and Society, on 1 January 2008


2008

Article

Japan


More details See the document

The purpose of this article is (1) to establish that increasing punitiveness characterizes criminal justice policies in Japan and (2) to explain this trend in terms of the penal populism promoted by crime victims and supporting politicians. This article first examines newspaper articles to illuminate the increasingly punitive character of recent criminal justice policies in Japan in terms of both legislation and judicial decisions. The next section discusses the main contributing factors behind this trend and its public acceptance. The next two sections discuss two related issues: the public’s subjective sense of security, and the lack of a role for empirical criminologists in criminal justice policy making in Japan. The concluding section compares the Japanese and Anglo-American situations and argues that the same penal populism seen in Anglo-American countries is rapidly rising in Japan, and that public distrust of government has ironically increased the state’s investigative, prosecutorial, and sentencing powers in Japan. This article closes with the conjecture that police, prosecutors, and judges are unlikely to relinquish their increased power in the event that they gain the public’s trust and equally unlikely in the event of a change of the ruling party.

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

Document(s)

South Korea’s changing capital punishment policy: The road from de facto to formal abolition

By Byung-Sun Cho / Punishment and Society, on 8 September 2020


2020

Article

Republic of Korea


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The most recent executions in South Korea took place in December 1997, when 23 people were executed at short notice on the same day. Similarly, nineteen executions occurred in 1995 and 15 in 1994, in each instance occurring all on the same day. These group executions seem to reflect cultural factors that monthly statistics alone do not capture. No executions have occurred since 1998, but this de facto suspension has not been reinforced by law. Since 1999, lawmakers have thrice endorsed a bill favoring life imprisonment without parole in place of the death penalty, but each time the proposal has stalled and failed to move forward. The need remains to develop a culturally appropriate pro-abolition argument that could persuade the Korean public that the death penalty is unworkable and wrong. On 21 January 2007, in the Inhyeokdang case, the Korean Court acquitted 8 persons who had been executed 32 years earlier. The hope is that, in light of strong arguments based on the risk to innocent persons and the irreversibility of capital punishment, Korea will effectively transition from de facto to formal abolition.

  • Document type Article
  • Countries list Republic of Korea
  • Themes list Trend Towards Abolition,

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


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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)

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)

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)

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


Article

United States


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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)

Rewriting History: the Use of Feminist Narrative to Deconstruct the Myth of the Capital Defendant

By Francine Banner / New York University (NYU), on 1 January 2000


Article

United States


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In the past thirty years, American attitudes towards those convicted of crimes have followed a devastating progression toward the dehumanization of criminal defendants. The evolution of law and policy has mirrored these changing attitudes. The philosophies behind incarceration have shifted from “facilitat[ing inmates’] productive re-entry back into the free world” to “using imprisonment merely to punish criminal offenders by … “containing’ them behind bars … for as long as possible.” 4 Rather than preventing crime or rehabilitating offenders, incarceration has become a means to satisfy society’s desire for vengeance and retribution. Responding to this push to punish, prosecutors in their haste to obtain a conviction are more likely to stress the heinousness of crimes rather than questioning the circumstances surrounding …

  • 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


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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)

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


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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)

Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate

By D. Michael Risinger / Journal of Criminal Law and Criminology, on 1 January 2007


2007

Article

United States


More details See the document

To a great extent, those who believe that our criminal justice system rarely convicts the factually innocent and those who believe such miscarriages are rife have generally talked past each other for want of any empirically-justified factual innocence wrongful conviction rate. This article remedies at least a part of this problem by establishing the first such empirically justified wrongful conviction rate ever for a significant universe of real world serious crimes: capital rape-murders in the 1980’s. Using DNA exonerations for capital rape-murders from 1982 through 1989 as a numerator, and a 406-member sample of the 2235 capital sentences imposed during this period, this article shows that 21.45%, or around 479 of those, were cases of capital rape murder. Data supplied by the Innocence Project of Cardozo Law School and newly developed for this article show that only 67% of those cases would be expected to yield usable DNA for analysis. Combining these figures and dividing the numerator by the resulting denominator, a minimum factually wrongful conviction rate for capital rape-murder in the 1980’s emerges: 3.3%. The article goes on to consider the likely ceiling accompanying this 3.3% floor, arriving at a slightly softer number for the maximum factual error rate of around 5%. The article then goes on to analyze the implications of a factual error rate of 3.3%-5% for both those who currently claim errors are extremely rare, and those who claim they are extremely common. Extension of the 3.3%-5% to other capital and non-capital categories of crime is discussed, and standards of moral duty to support system reform in the light of such error rates is considered at length.

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

Document(s)

Is it Time to Kill the Death Penalty?: A View from the Bench and the Bar

By Lupe S. Salinas / American Journal of Criminal Law, on 1 January 2006


2006

Article

United States


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Has the imposition of death improved our stance in this battle for security of our fellow man? Does it have a “sting” in the sense of deterring man from killing men, women and children? Has society been victorious in preventing the killing? The simple answer is that the death penalty in America has done little to deter or prevent those inclined to kill from killing. Another concern is whether our system has terminated the lives of innocent individuals. 3 Under these circumstances, what should we as a society do insofar as our criminal justice system is concerned? In this article I seek to address those questions and ultimately recommend an overhaul in our death penalty approach. Is it time to …

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

Document(s)

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

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


Article

United States


More details See the document

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

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

Document(s)

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)

Exonerations in the United States 1989 Through 2003

By Daniel J. Matheson / Kristin Jacoby / Samuel R. Gross / Journal of Criminal Law and Criminology / Nicholas Montgomery / Sujata Patil, on 1 January 2005


2005

Article

United States


More details See the document

In this paper we use reported exonerations as a window on false convictions generally. We can’t come close to estimating the number of false convictions that occur in the United States, but the accumulating mass of exonerations gives us a glimpse of what we’re missing. We located 340 individual exonerations from 1989 through 2003, not counting at least 135 innocent defendants in at least two mass exonerations, and not counting more than 70 defendants convicted in a series of childcare sex abuse prosecutions, most of whom were probably innocent. Almost all the individual exonerations that we know about are clustered in the two most serious common felonies: rape and murder. They are surrounded by widening circles of categories of cases that include false convictions that are rarely detected, if ever: rape convictions that have not been reexamined with DNA evidence; robberies, for which DNA identification is useless; murder cases that are ignored because the defendants were not sentenced to death; assault and drug convictions that are forgotten entirely; misdemeanor convictions that aren’t even part of the picture. Judging from our data, any plausible guess at the total number of miscarriages of justice in America in the last fifteen years must run to the thousands, perhaps tens of thousands, in felony cases alone. We can, however, see some clear patterns in those false convictions that have come to light.

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

Document(s)

The Innocents

By Taryn Simon, on 1 January 2002


2002

Working with...


More details See the document

The Innocents documents the stories of individuals who served time in prison for violent crimes they did not commit. At issue is the question of photography’s function as a credible eyewitness and arbiter of justice.

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

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)

UN advocacy: the universal periodic review – Death penalty

By The Advocates for Human Rights / Amy Bergquist / Rosalyn Park / Jennifer Prestholdt, on 8 September 2020


2020

Academic report


More details See the document

PowerPoint presentation used at The Advocates for Human Rights’ training session on death penalty advocacy for the United Nations’ Universal Periodic Review of human rights. See also the video of the presentation here.

  • Document type Academic report
  • Themes list International law,

Document(s)

Death Penalty Issues Checklist – Universal Periodic Review Stakeholder Reports

By The Advocates for Human Rights, on 8 September 2020


Academic report


More details See the document

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)

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)

A Tale of Two (and Possibly Three) Atkins: Intellectual Disability and Capital Punishment Twelve Years after The Supreme Court’s Creation of a Categorical Bar

By John H. Blume / Sheri Lynn Johnson / William and Mary Bill of Rights Journal, on 8 September 2020


2020

Article

United States


More details See the document

The article, with three co-authors, examines empirically the capital cases decided by the lower courts since the United States Supreme Court created the categorical ban against the execution of persons with intellectual disability twelve years ago in the Atkins decision.

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

Document(s)

Against Capital Punishment: The Anti-Death Penalty Movement in America, 1972-1994

By Oxford University Press / Herbert H. Haines, on 8 September 1999


1999

Book

United States


More details See the document

While most western democracies have renounced the death penalty, capital punishment enjoys vast and growing support in the United States. A significant and vocal minority, however, continues to oppose it. Against Capital Punishment is the first full account of anti-death penalty activism in America during the years since the ten-year moratorium on executions ended.

  • Document type Book
  • Countries list United States
  • Themes list Trend Towards Abolition,

Document(s)

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

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


2008

Article

United States


More details See the document

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

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

Document(s)

Rethinking the Study of Miscarriages of Justice: Developing a Criminology of Wrongful Conviction

By Richard A. Leo / Journal of Contemporary Criminal Justice, on 1 January 2005


2005

Article

United States


More details See the document

This article provides a brief history of the study of miscarriages of justice in America. It analyzes the field of wrongful conviction scholarship as three distinct genres: the big-picture studies, the specialized-causes literature, and the true-crime genre. It also analyzes what these literatures have contributed to knowledge about miscarriages as well as their limitations. This article attempts to rethink the study of miscarriages of justice to systematically develop a more sophisticated, insightful, and generalizable criminology of wrongful conviction.

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

Document(s)

Identifying and (Re)formulating Prophylactic Rules, Safe Harbors, and Incidental Rights in Constitutional Criminal Procedure

By Susan R. Klein / Michigan Law Review, on 1 January 2001


2001

Article

United States


More details See the document

The Miranda conundrum runs something like this: If the Miranda decision represents true constitutional interpretation, and all unwarned statements taken during custodial interrogation are compelled” within the meaning of the self-incrimination clause, the impeachment and “”fruits”” exceptions to Miranda should fall. If it is not true constitutional interpretation, than the Court has no business reversing state criminal convictions for its violation. I offer here what I hope is a satisfying answer to this conundrum, on both descriptive and normative levels, that justifies not only Miranda but a host of similar Warren, Burger, and Rehnquist Court decisions as well. In Part I, I introduce and define the terms “”constitutional prophylactic rule,”” “”constitutional safe harbor rule,”” and “”constitutional incidental right,”” and attempt to legitimate their use. I further demonstrate that constitutional criminal procedure is so flush with such prophylactic and safe harbor rules and incidental rights that trying to eliminate them now, by either reversing a large number of criminal procedure cases or “”constitutionalizing”” all of those holdings, would do more harm than good. I propose that we accept the fact that these rules and rights are a fixed part of our constitutional landscape, and focus instead on minimizing their risks and maximizing their benefits”

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

Document(s)

Frequency and Predictors of False Conviction: Why We Know So Little, and New Data on Capital Cases

By Barbara O'Brien / Samuel R. Gross / Journal of Empirical Legal Studies, on 1 January 2007


2007

Article

United States


More details See the document

In the first part of this paper we address the problems inherent in studying wrongful convictions: our pervasive ignorance and the extreme difficulty of obtaining the data that we need to answer even basic questions. The main reason that we know so little about false convictions is that, by definition, they are hidden from view. As a result, it is nearly impossible to gather reliable data on the characteristics or even the frequency of false convictions. In addition, we have very limited data on criminal investigations and prosecutions in general, so even if we could somehow obtain data on cases of wrongful conviction, we would have inadequate data on true convictions to compare them to. In the second part we dispel some of that ignorance by considering data on false convictions in a small but important subset of criminal cases about which we have unusually detailed information: death sentences. From 1973 on we know basic facts about all defendants who were sentenced to death in the United States, and we know which of them were exonerated. From these data we estimate that the frequency of wrongful death sentences in the United States is at least 2.3%. In addition, we compare post-1973 capital exonerations in the United States to a random sample of cases of defendants who were sentenced in the same time period and ultimately executed. Based on these comparisons we present a handful of findings on features of the investigations of capital cases, and on background facts about capital defendants, that are modest predictors of false convictions.

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

Document(s)

Let’s Make a Deal: Waiving the Eighth Amendment by Selecting a Cruel and Unusual Punishment

By Jeffrey L. Kirchmeier / Connecticut Law Review, on 1 January 2000


2000

Article

United States


More details See the document

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

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

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)

Capital Punishment: A Global Perspective

By Roger Hood / Punishment and Society, on 1 January 2001


2001

Article


More details See the document

This article reviews the extent to which the movement to abolish capital punishment has been successful and discusses some of the influences which have produced a remarkable increase in the number of abolitionist countries in the past two decades. It asks whether this trend has now come to an end as many countries which retain the death penalty continue to defy, for a variety of reasons, international pressure to change their laws and practices. Finally, it discusses some actions that might prove effective in overcoming these obstacles.

  • Document type Article
  • Themes list Trend Towards Abolition, Death Penalty,

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)

Race for Your Life: An Analysis of the Role of Race in Erroneous Capital Conviction

By Talia Roitberg Harmon / Criminal Justice Review, on 1 January 2004


2004

Article

United States


More details See the document

Prior research on the role of race in wrongful capital convictions has focused primarily on the race of the defendant. In contrast, this article begins with two case studies that illustrate the impact of the race of the defendant and also the race of the victim in contributing to erroneous convictions. The second section of this article identifies the race of the defendant and the victim in 82 cases where prisoners were released from death row because of doubts about their guilt and in a matched group of inmates who were executed. Through the use of three logistic regression models, the combination of the race of the defendant and the race of the victim is identified as a significant predictor of case outcome (exoneration vs. execution). The results also indicate that an indirect relationship may exist between the combination of the race of the defendant and the victim, the strength of the evidence, and case outcome.

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

Document(s)

Too Late for Luck: A Comparison of Post-Furman Exonerations and Executions of the Innocent

By Talia Roitberg Harmon / William S. Lofquist / Crime and Delinquency, on 1 January 2005


2005

Article

United States


More details See the document

This study is a quantitative analysis designed to compare two groups of factually innocent capital defendants: Those who were exonerated and those who were executed. There are a total of 97 cases in the sample, including 81 exonerations and 16 executions. The primary objective of the authors is to identify factors that may predict case outcomes among capital defendants with strong claims of factual innocence. Through the use of a logistic regression model, the following variables were significant predictors of case outcome (exoneration vs. execution): allegations of perjury, multiple types of evidence, prior felony record, type of attorney at trial, and race of the defendant. These results point toward significant problems with the administration of capital punishment deriving primarily from the quality of the case record created at trial.

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

Document(s)

Guilty Until Proven Innocent: An Analysis of Post-Furman Capital Errors

By Talia Roitberg Harmon / Criminal Justice Policy Review, on 1 January 2001


2001

Article

United States


More details See the document

The issue of erroneous convictions in capital cases has recently gained considerable nationwide media attention. This article builds on prior research by examining 76 cases of inmates who were released from death rows between 1970 and 1998 because of doubts about their guilt. By using sources, or persons who have extensive insider knowledge about these cases, as well as published court opinions, it was possible to identify the causes of the wrongful convictions as well as the significant events that led to the discovery of the miscarriages of justice. The data indicate that prosecutorial misconduct, perjury of witnesses, police misconduct, and racial discrimination were influential factors that led to the wrongful convictions. In addition, continued investigation by the defense attorney, new witnesses coming forward, and/or a confession from another person were the factors most often leading to the discovery of errors. These findings suggest that there have not been any significant changes in causes of erroneous convictions since the implementation of contemporary safeguards. As a result, policy changes are suggested to decrease the chances of erroneous executions.

  • 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)

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)

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

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


2001

Article

United States


More details See the document

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

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

Document(s)

Searching for Uniformity in Adjudication of the Accused’s Competence to Assist and Consult in Capital Cases

By John T. Philipsborn / Psychology, Public Policy and Law, on 1 January 2004


2004

Article

United States


More details See the document

Based on the review of capital cases from various jurisdictions involoving issues of competence to stand trial, this article examines the standards, literature, and varying practices associated with competence assessments and adjudications. The author, who is an experienced criminal defense lawyer with capital trial and postconviction litigation experiece, examines the implications of disparities in the approaches and definitions used in dealing with competence assessments and suggests solutions to improve the standards of practice related to these important assessments.

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

Document(s)

Law, society, and capital punishment in Asia

By David T. Johnson / Franklin E. Zimring / Punishment and Society, on 1 January 2008


2008

Article

Japan


More details See the document

Students of capital punishment need to study Asia, the site of at least 85 percent and as many as 95 percent of the world’s executions. This article explores the varieties of Asian capital punishment in two complementary ways. Cross-sectionally, the impression of uniformity that comes from classifying 95 percent of the population of Asia as living in executing states breaks down when closer attention is paid to the character of capital punishment policy within retentionist nations. Temporally, the general trajectory of capital punishment in the Asian region seems downward (though generalizations about patterns in this part of the world are undermined by significant data problems). Asia is also a useful territory for testing the generality of theories of capital punishment based on European experience. Looking forward, Japan and South Korea, two developed nations in Asia that still retain the death penalty, may indicate what other Asian nations are likely to do as they develop. Ultimately, Asia either will become a major staging area for world-wide abolition or the campaign against capital punishment will fail to achieve global status.

  • Document type Article
  • Countries list Japan

Document(s)

Arcs of Global Justice

By Oxford University Press / Margaret M. Guzman / Diane Marie Amann, on 1 January 2018


2018

Book


More details See the document

This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.Table of Contents (regarding information on the death penalty)II. Capital PunishmentChapter 5: International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change?Sandra L. BabcockChapter 6: The UN Optional Protocol on the Abolition of the Death PenaltyMarc BossuytChapter 7: The Right to Life and the Progressive Abolition of the Death PenaltyChristof Heyns and Thomas Probert and Tess BordenChapter 8: Progress and Trend of the Reform of the Death Penalty in ChinaZhao Bingzhi

  • Document type Book
  • Themes list International law, Death Penalty,

Document(s)

Contradictions in Judicial Support for Capital Punishment in India and Bangladesh: Utilitarian Rationales

By Saul Lehrfreund / Carolyn Hoyle / Asian Journal of Criminology, on 1 January 2019


2019

Article

Bangladesh


More details See the document

This article draws on two original empirical research projects that explored judges’ opinions on the retention and administration of capital punishment in India and Bangladesh. The data expose justice systems marred by corruption, incompetence, abuses of due process, and arbitrary and inconsistent treatment of defendants from arrest through to conviction and sentencing. It shows that those with the power to sentence to death have little faith in the integrity of the criminal process. Yet, a startling paradox emerges from these studies; despite personal knowledge of its flaws, judges have trust in the death penalty to deter crime and to realise other sentencing aims and feel retention benefits society. This is explained by reference to utilitarian values. Not only did our judges express strongly utilitarian justifications for sentencing people to death, in terms of their erroneous belief in its deterrent effect, but some also articulated utilitarian justifications for misconduct in pre-trial processes, suggesting that it was necessary to break the rules to secure convictions when the system was dysfunctional and ineffective.

  • Document type Article
  • Countries list Bangladesh
  • Themes list Arbitrariness, Death Penalty,

Document(s)

Prosecutorial Discretion and Sentencing in Singapore

By Oxford University Commonwealth Law Journal / Kumaralingam Amirthalingam, on 1 January 2018


2018

Academic report


More details See the document

Singapore recently amended its laws to replace the mandatory death penalty regime for murder and drug trafficking with a discretionary sentencing regime under certain conditions. One of the conditions with respect to drug trafficking was that the convicted trafficker had to be granted a certificate by the Public Prosecutor stating that the trafficker had provided substantive assistance that led to the disruption of drug trafficking activities. That decision is not subject to judicial review except under very narrow circumstances, protected in the same way as the constitutionally protected prosecutorial discretion.

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

Document(s)

Seven Dates With Death

By Mike Holland, on 1 January 2019


2019

Multimedia content

United States


More details See the document

In Louisiana in the late 50s, Moreese Bickham, who was the oldest living survivor of death row, killed two members of the Ku Klux Klan to save his own life. He was sentenced to death and believes he was lucky enough to even have a trial as a black man in the south. Due to mental toughness, a timely supreme court decision, and a lot of hope, Bickham survived his death sentence. Whether he knew it or not, after that day, his life was not going to get any easier

  • Document type Multimedia content
  • Countries list United States
  • Themes list Minorities, Death Row Conditions, Electrocution,

Document(s)

The Egypt Death Penalty Index

By Reprieve / Daftar Ahwal Data Research Center, on 1 January 2019


Multimedia content


More details See the document

The Egypt Death Penalty Index is a joint initiative of Reprieve and the Daftar Ahwal Data Research Center. The Index tracks Egypt’s use of capital punishment between 25 Janurary 2011 and 23 Septembrer 2018.

  • Document type Multimedia content
  • Themes list Death Penalty, Country/Regional profiles,

Document(s)

Mass Injustice: Statistical Findings on the Death Penalty in Egypt

By Reprieve, on 1 January 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)

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)

Anti-death penalty group launches handbook

By Manila Bulletin, on 1 January 2018


2018

Article

Philippines


More details See the document

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

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

Document(s)

Portuguese : Projecto de protocolo adicional à carta Africana dos direitos humanos e dos povos acerca da abolição da pena de morte em Africa

By FIACAT, on 8 September 2020


2020

Academic report

enfr
More details Download [ pdf - 350 Ko ]

Para completar e reforçar as disposições da carta Africana dos direitos humanos e dos povos,o artigo 66 da carta autoriza a adopção de protocolos ou acordos particulares. É com estefundamento que a Comissão Africana dos Direitos Humanos e dos Povos (CADHP) – organismoda União Africana (UA) encarregado da promoção e protecção dos direitos humanos em Africa– propôs à UA a adopção de um protocolo específico sobre a abolição da pena de morte queprecisa que “o direito à vida é o fundamento de todos os outros direitos”, e que “a abolição dapena de morte é essencial à protecção eficaz” deste direito.

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)

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)

Death Qualification in Black and White: Racialized Decision Making and Death‐Qualified Juries

By Craig Haney / Mona Lynch / SSRN, on 1 January 2018


2018

Academic report


More details See the document

Death qualification has been shown to have a number of biasing effects that appear to undermine a capital defendant’s Sixth Amendment right to a fair jury. Attitudes toward the death penalty have shifted modestly but consistently over the last several decades in ways that may have changed the overall impact of death qualification. Specifically, the very large gap between black and white Americans’ current support for capital punishment raises the question of whether death qualification procedures disproportionately exclude African Americans from capital jury participation. In order to examine this possibility, we conducted two countywide death penalty attitude surveys in the California county that has the highest percentage of African American residents in the state. Results show that death qualification continues to have a number of serious biasing effects—including disproportionately excluding death penalty opponents—which result in the significant underrepresentation of African Americans. This creates a death‐qualified jury pool with the potential to be significantly more likely to ignore and even misuse mitigating factors and to rely more heavily on aggravating factors in their death penalty decision making. The implications of these findings for the fair administration of capital punishment are discussed.

  • Document type Academic report

Document(s)

: Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases

By Oxford University Press / Daniel Pascoe, on 8 September 2020


2020

Book


More details See the document
  • Document type Book
  • Themes list Death Penalty,

Document(s)

Grace and Justice on Death Row

By Brian W. Stolarz / Skyhorse Publishing, on 1 January 2016


2016

Book

United States


More details See the document

This book tells the story of Alfred Dewayne Brown, a man who spent over twelve years in prison (ten of them on Texas’ infamous Death Row) for a high-profile crime he did not commit, and his lawyer, Brian Stolarz, who dedicated his career and life to secure his freedom. The book chronicles Brown’s extraordinary journey to freedom against very long odds, overcoming unscrupulous prosecutors, corrupt police, inadequate defense counsel, and a broken criminal justice system. The book examines how a lawyer-client relationship turned into one of brotherhood.Grace And Justice On Death Row also addresses many issues facing the criminal justice system and the death penalty – race, class, adequate defense counsel, and intellectual disability, and proposes reforms.Told from Stolarz’s perspective, this raw, fast-paced look into what it took to save one man’s life will leave you questioning the criminal justice system in this country. It is a story of injustice and redemption that must be told.

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

Member(s)

ACAT Liberia

on 30 April 2020

Action by Christians for the Abolition of Torture in Liberia (ACAT Liberia) is an NGO based in Liberia. Created in 2003 and accredited in 2004, it fights to have a society free of torture and death penalty. To reach these goals, their main actions are: – Education and awareness, – advocacy, assistance, – cooperation, – […]

2020

Liberia

Document(s)

The Future of the Federal Death Penalty

By Rory K. Little / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


More details See the document

On May 16, 2001, the federal government carried out its first execution for a criminal offense in over 38 years (Timothy McVeigh). This article (part of a symposium issue) examines recent developments in the administration of the federal death penalty, in the legislative, judicial, and executive (Department of Justice) arenas. While not an abolitionist, the author expresses misgivings about federal capital punishment as it is currently administered, updating statistics regarding racial and geographic disparity from his 1999 article “The Federal Death Penalty: History and Some Thoughts About the Department of Justice’s Role,”. The article also explains “What the Supreme Court Got Wrong in Jones,” (1999). Finally, the international implications of the first execution by the federal government in two generations are explored. No longer can the United States shift its internationally isolated position regarding capital punishment onto its constituent states under a theory of independent federalism. Note: This is a description of the paper and not the actual abstract.

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

Member(s)

KontraS (Commission for the Disapeared and Victims of Violence)

on 30 April 2020

KontraS (Commission for the Disappeared and Victims of Violence) in Indonesia is a human rights NGO that deals with human rights issues in Indonesia, particularly civil and political rights. Abolition of the death penalty is one of its advocacy objectives. KontraS is a member of regional and national networks: Anti Death Penalty Asian Network (ADPAN) […]

2020

Indonesia

Document(s)

Lethal Rejection: An Empirical Analysis of the Astonishing Plunge in Death Sentences in the United States from Their Post-Furman Peak

By Talia Roitberg Harmon / David McCord / Albany Law Review, on 1 January 2018


2018

Article

United States


More details See the document

The authors gathered information on 1665 death-eligible cases nationwide for three years at decade intervals: 1994, 2004, and 2014. In 517 cases death sentences were imposed; in 311 cases sentences spared the defendants from death sentences, and in 837 cases prosecutors spared defendants from death sentences.

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

Document(s)

Death Sentencing Database

By Brandon L. Garrett / End of its Rope, on 1 January 2018


Working with...


More details See the document

This resource website displays data concerning death sentencing in the United States from 1990 to present. Research using these data includes a book, “End of its Rope: How Killing the Death Penalty Can Revive Criminal Justice” published by Harvard University Press in Fall 2017. This research was conducted by Professor Brandon L. Garrett with the support of the University of Virginia School of Law.

  • Document type Working with...
  • Themes list Death Penalty, Statistics,

Document(s)

Documentary: “In The Executioner’s Shadow; a Story of Justice, Injustice and the Death Penalty”

By Maggie Burnette Stogner / Rick Stack / In The Executioner's Shadow, on 8 September 2020


2020

Multimedia content

United States


More details See the document

Video “It is the potential of this documentary to move us toward a more enlightened society that excites me about this work.” Benjamin Jealous, former NAACP PresidentAs wrongful convictions, botched executions, and a broken justice system inch further into the spotlight, we must consider: What is justice? What part should the death penalty play?

  • Document type Multimedia content
  • Countries list United States
  • Themes list Mental Illness, Innocence, Death Penalty,

Document(s)

The Condemned

By The Intercept, on 1 January 2019


2019

International law - Regional body


More details See the document

Forty-three years after the Supreme Court reversed course and reinstated the death penalty, reliable data on the individuals sent to death row is maddeningly difficult to obtain. The Intercept set out to compile a comprehensive dataset on everyone sentenced to die in active death penalty jurisdictions since 1976. The findings show that capital punishment remains as “arbitrary and capricious” as ever.

  • Document type International law - Regional body
  • Themes list Statistics, Country/Regional profiles,

Document(s)

Black Deaths Matter: The Race-of-Victim Effect and Capital Punishment

By Daniel Medwed / Northeastern, on 1 January 2020


2020

Article

United States


More details See the document

The racial dimensions of the death penalty are well-documented. Many observers assume this state of affairs derives from bias—often implicit and occasionally explicit—against black defendants in particular. Research points to an even more alarming factor. The race of the victim, not the defendant, steers cases in the direction of death. Regardless of the perpetrator’s race, those who kill whites are more likely to face capital charges, receive a death sentence, and die by execution than those who murder blacks. This short Essay adds a contemporary gloss to the race-of-victim effect literature, placing it in the context of the Black Lives Matter movement and showing how it relates to the broader, systemic devaluation of African-American lives.

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

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)

Psychological Assessments in Legal Contexts: Are Courts Keeping “Junk Science” Out of the Courtroom?

By Tess M. S. Neal / Psychological Science in the Public Interest, on 1 January 2020


2020

Article

United States


More details See the document

This article reports the results of a two-part investigation of psychological assessments proposed as expert evidence in legal context.

  • Document type Article
  • Countries list United States
  • Themes list Mental Illness, Death Penalty,

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


2020

NGO report

enenenenenenenenzh-hant
More details See the document

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.

Member(s)

Adaleh Center for Human Rights Studies

on 30 April 2020

The Adaleh Center for Human Rights Studies is a non-governmental, non-profit organization founded on September 2003 and based in Amman, Jordan. Its mission is to enforce human rights values in Jordan and the Arab world, through building the capacity of non-governmental organizations and practitioners working in the field of human rights, democracy and justice. The […]

2020

Jordan

Document(s)

Portuguese : UM BREVE DISCURSO SEDICIOSO ACERCA DA PENA DE MORTE

By Neemias Prudente / Journal of Criminal Law and Criminal Procedure, on 8 September 2020


2020

Article

Brazil


More details See the document

Em decorrência de certos crimes de grande repercussão que abalam a sociedade e da impotência do Estado frente à criminalidade, ressuscitam vozes e projetos solicitando a aplicação da pena de morte entre nós. O tema é de abordagem complexa, polêmica e controversa.Os partidários da supressão do homem sustentam que a presença da pena de morte na legislação teria por escopo de definitivamente banir ou diminuir o crescente índice de criminalidade em nosso país, além de desestimular homicídios, latrocínios, crimes sexuais violentos, seqüestros etc.Mas será que a pena de morte, como têm sido defendido por alguns setores da sociedade, seria a solução para os problemas de violência e da criminalidade, que estão sendo vivenciadas pela população brasileira?

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

Document(s)

Death Row Stories

By CNN, on 1 January 2020


2020

Multimedia content

United States


More details See the document

This docu-series investigate the fallibility of the death penalty in the United States.

  • Document type Multimedia content
  • Countries list United States
  • Themes list Death Penalty,

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)

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

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


2020

NGO report

enenenenenenenenzh-hant
More details See the document

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)

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

enenenenenenenenzh-hant
More details See the document

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)

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

enenenenenenenenzh-hant
More details See the document

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)

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

enenenenenenenenzh-hant
More details See the document

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)

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)

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

enenenenenenenenzh-hant
More details See the document

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)

Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิต

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


NGO report

enenenenenenenenzh-hant
More details See the document

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)

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)

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

enenenenenenzh-hant
More details See the document

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

enenenenenenzh-hant
More details See the document

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

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

enenenenenenzh-hant
More details See the document

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

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


NGO report

enenenenenenzh-hant
More details See the document

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)

Public Opinion On The Death Penalty In Singapore: Survey Findings

By National University of Singapore / Chan Wing Cheong / Tan Ern Ser / Jack Lee / Braema Mathi, on 1 January 2018


2018

Academic report


More details See the document

Informations and survey findings about the public opinion on the death penalty in Singapore

  • Document type Academic report
  • Themes list Public opinion, Death Penalty,