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Document(s)

Words beyond death row

By Ensemble contre la peine de mort (ECPM), on 1 January 2013


2013

Multimedia content

fr
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English version starts at 15 minutes and 59 seconds. ‘Words beyond death row’, extracts from testimonies of death row prisoners illustrated by a photo screening, in partnership with PhotoEspaña. This movie was presented during the 5th World Congress against the death penalty in Madrid in June 2013, by Ensemble contre la peine de mort – ECPM (Together against the death penalty) #Abolition201

Document(s)

A Summary Report on Public Support for the Death Penalty in Ghana

By University of Cambridge / Peter Atupare Atudiwe, on 1 January 2014


2014

Academic report


More details See the document

This report provides evidence on public attitudes to the death penalty in Ghana, withan empirical focus on Accra.

  • Document type Academic report
  • Themes list Public opinion, Statistics,

Document(s)

The Death Penalty: Should the Judge or the Jury Decide Who Dies?

By John H. Blume / Theodore Eisenberg / Sheri Lynn Johnson / Cornell Law Review / Martin T. Wells / Valerie P. Hans / Amelia Courtney Hritz / Caisa E. Royer, on 1 January 2014


Academic report


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This article addresses the effect of judge versus jury decision making through analysis of a database of all capital sentencing phase hearing trials in the state of Delaware from 1977-2007. Over the three decades of the study, Delaware shifted responsibility for death penalty sentencing from the jury to the judge. Currently, Delaware is one of the handful of states that gives the judge the final decision making authority in capital trials. Controlling for a number of legally-relevant and other predictor variables, we find that the shift to judge sentencing significantly increased the number of death sentences. Statutory aggravating factors, stranger homicides, and the victim’s gender also increased the likelihood of a death sentence, as did the county of the homicide. We reflect on the implications of these results for debates about the constitutionality of judge sentencing in capital cases.

  • Document type Academic report
  • Themes list Statistics, Country/Regional profiles,

Document(s)

Imprisoned by the Past: Warren McCleskey and the American Death Penalty

By Jeffrey L. Kirchmeier / Oxford University Press, on 1 January 2015


2015

Book

United States


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Imprisoned by the Past: Warren McCleskey and the American Death Penalty examines the long history of the American death penalty and its connection to the case of Warren McCleskey, revealing how that case marked a turning point for the history of the death penalty. In this book, Jeffrey L. Kirchmeier explores one of the most important Supreme Court cases in history, a case that raised important questions about race and punishment, and ultimately changed the way we understand the death penalty today.

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

Document(s)

Confronting Capital Punishment in Asia: Human Rights, Politics and Public Opinion

By Roger Hood / Oxford University Press / Surya Deva, on 1 January 2013


2013

Book


More details See the document

This book shows that the majority of Asian countries have been particularly resistant to the abolitionist movement and tardy in accepting their responsibility to uphold the safeguards. The essays contained in this volume provide an in-depth analysis of changes in the scope and application of the death penalty in Asia with a focus on China, India, Japan, and Singapore. They explain the extent to which these nations still fail to accept capital punishment as a human rights issue, identify impediments to reform, and explore the prospects that Asian countries will eventually embrace the goal of worldwide abolition of capital punishment.

  • Document type Book
  • Themes list Trend Towards Abolition, Death Penalty, Country/Regional profiles,

Document(s)

Forensic Mental Health: Assessments in Death Penalty Cases

By Oxford University Press / David DeMatteo / Daniel C. Murrie / Natalie M. Anumba / Michael E. Keesler, on 1 January 2011


2011

Book

United States


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Forensic mental health assessments in death penalty cases are on the rise due in part to the continuing growth of forensic psychology and psychiatry as professions, combined with several recent U.S. Supreme Court decisions. Forensic mental health professionals are now conducting assessments at every stage of death penalty proceedings, ranging from pre-trial evaluations to determine eligibility for the death penalty to evaluations conducted post-sentencing and closer to the date of execution.

  • Document type Book
  • Countries list United States
  • Themes list Mental Illness, Intellectual Disability,

Document(s)

The Death Penalty: America’s Experience with Capital Punishment

By Ray Paternoster / Robert Brame / Oxford University Press / Sarah Bacon, on 8 September 2020


2020

Book

United States


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This book addresses one of the most controversial issues in the criminal justice system today—the death penalty. Paternoster et al. present a balanced perspective that focuses on both the arguments for and against capital punishment. Coverage draws on legal, historical, philosophical, economic, sociological, and religious points of view.

  • Document type Book
  • Countries list United States
  • Themes list Due Process , Public opinion, Country/Regional profiles,

Document(s)

Execution and Invention: Death Penalty Discourse in Early Rabbinic and Christian Cultures

By Oxford University Press / Beth A. Berkowitz, on 1 January 2006


2006

Book


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In this book Beth Berkowitz tells the story of modern scholarship on the ancient rabbinic death penalty and continues the story by offering a fresh perspective using the approaches of ritual studies, cultural criticism, and talmudic source criticism. Against the scholarly consensus, Berkowitz argues that the rabbinic laws of the death penalty were used by the early Rabbis in their efforts to establish themselves in the wake of the destruction of the Temple. The purpose of the laws, she contends, was to create a complex ritual of execution that was controlled by the Rabbis, thus bolstering their claims to authority in the context of Roman imperial domination.

  • Document type Book
  • Themes list Religion ,

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)

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)

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

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


2011

Article

United States


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

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

Document(s)

The Innocents

By Taryn Simon, on 1 January 2002


2002

Working with...


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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)

The True Legacy of Atkins and Roper: The Unreliability Principle, Mentally Ill Defendants, and the Death Penalty’s Unraveling

By Scott E. Sundby / University of Miami School of Law, on 8 September 2020


2020

NGO report

United States


More details See the document

In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth were powerful mitigators, juries were not able to reliably use them in their decision making. The Court thus articulated expressly for the first time what this Article calls the “unreliability principle:” if too great a risk exists that constitutionally protected mitigation cannot be reliably assessed, the unreliability means that the death penalty cannot be constitutionally imposed. In recognizing the unreliability principle, the Court has called into serious question the death penalty for other offenders to whom the principle applies, such as mentally ill defendants. And, unlike with the “evolving standards” analysis, the unreliability principle does not depend on whether a national consensus exists against the practice. This Article identifies the six Atkins-Roper factors that bring the unreliability principle into play and shows why they make application of the death penalty to mentally ill defendants unconstitutional. The principle, which finds its constitutional home in the cases of Woodson v. North Carolina and Lockett v. Ohio, has profound implications for the death penalty, and if taken to its logical endpoint calls into question the Court’s core premise since Furman v. Georgia, that by providing individualized consideration of a defendant and his crime, the death penalty decision will be free of arbitrariness.

  • Document type NGO report
  • Countries list United States
  • Themes list Fair Trial, Intellectual Disability,

Document(s)

New claims about executions and general deterrence: déjà vu all over again?

By Richard Berk / Journal of Empirical Legal Studies, on 1 January 2005


2005

Article

United States


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A number of papers have recently appeared claiming to show that in the United States executions deter serious crime. There are many statistical problems with the data analyses reported. This article addresses the problem of “influence,” which occurs when a very small and atypical fraction of the data dominate the statistical results. The number of executions by state and year is the key explanatory variable, and most states in most years execute no one. A very few states in particular years execute more than five individuals. Such values represent about 1 percent of the available observations. Reanalyses of the existing data are presented showing that claims of deterrence are a statistical artifact of this anomalous 1 percent.

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

Document(s)

There Will Be No Stay

By Patty Ann Dillon, on 1 January 2015


2015

Working with...


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There Will Be No Stay is not a documentary about the death penalty. Not in any way you’ve ever seen before, at least. It is a film about the actual men who are tasked by society with carrying out the death penalty. This is a first-hand look at executioners, the pressures they’re put under, and the unbearable toll the act of taking another’s life has on their own.

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

Document(s)

Bloodsworth an Innocent Man

By Gregory Bayne, on 1 January 2015


Working with...


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BLOODSWORTH – An Innocent Man is a documentary memoir recounting Kirk Noble Bloodsworth’s remarkable journey through the criminal justice system. An innocent man convicted and sentenced to death for a crime he did not commit, Kirk became the first death row inmate exonerated by DNA evidence in the United States.Set against the backdrop of his 2013 battle to repeal the death penalty in the State that sentenced him to death, BLOODSWORTH – An Innocent Man offers an intimate glimpse into what it is to wake to a living nightmare; an innocent man caught in the perfect storm of injustice.

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

Document(s)

Confronting the Death Penalty. How Language Influences Jurors in Capital Cases

By Oxford University Press / Robin Conley, on 1 January 2015


Book

United States


More details See the document

Confronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book explores the means through which language helps to make death penalty decisions possible – how specific linguistic choices mediate and restrict jurors’, attorneys’, and judges’ actions and experiences while serving and reflecting on capital trials. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making – conveyed in the form of authoritative legal language – when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.

  • Document type Book
  • Countries list United States
  • Themes list Public opinion, Public debate, Death Penalty,

Document(s)

The Death Penalty and Victims

By United Nations, on 1 January 2016


2016

International law - United Nations


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This publication includes perspectives from a broad range of victims. While some of them are family members of crime victims, others are victims of human rights violations in application of the death penalty, of its brutality and traumatic effects. Victims’ perspectives, taken holistically, make a compelling case against the death penalty. When it comes to the death penalty, almost everyone loses. The perspectives of the victims on the death penalty as reflected in this book are likely to provoke tough discussions. This may be a welcome challenge. The publication was launched at a high-level event on 21st September at the UN in New York.The full recording of the event and the programme is available at: texte

  • Document type International law - United Nations
  • Themes list Innocence, Murder Victims' Families, Death Penalty,

Document(s)

The Death Penalty in Singapore: in Decline but Still Too Soon for Optimism

By National University of Singapore, on 1 January 2016


Article

Singapore


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A survey on Singaporeans’ opinion on the death penalty, which was led by Assoc Prof Chan Wing Cheong from the NUS Faculty of Law, found that most Singaporeans are in favour of the death penalty but less so for certain cases. Fewer support the death penalty for drug trafficking and firearms in cases where no one dies or is injured and there is also less support for the mandatory death penalty. The survey polled 1,500 Singapore citizens aged 18 to 74 between April and May 2016.For a free summary of the study: http://news.nus.edu.sg/highlights/11231-death-penalty-support-not-clear-cut

  • Document type Article
  • Countries list Singapore
  • Themes list Public opinion, Public debate, World Coalition Against the Death Penalty, Death Penalty, Statistics, Country/Regional profiles,

Document(s)

Indian Movie on the Death Penalty: Dhananjoy

By Book My Show, on 8 September 2020


2020

Multimedia content

India


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The story is based on the conviction Dhananjoy, accused for the gruesome murder of Hetal Parekh, which took place in the year 1990. On the basis of circumstantial evidence and on the basis of the deceased mother’s statement, Dhananjoy Chatterjee- a security guard, was executed and hanged to death on the early hours of 15th August 2004, after serving imprisonment for 14 long years and after having appealed to all levels of court in the country; and finally, to the President of India.

  • Document type Multimedia content
  • Countries list India
  • Themes list Public opinion, Innocence, Death Row Conditions, Discrimination, Death Penalty,

Document(s)

Deadly Justice: A Statistical Portrait of the Death Penalty

By Oxford University Press / Frank Baumgartner, on 1 January 2017


2017

Book


More details See the document

Provides a comprehensive statistical assessment of how the death penalty has been applied over the entire modern period, 1976 to present

  • Document type Book
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Penalty, Statistics,

Document(s)

In the Executioner’s Shadow

By Maggie Burnette Stogner, on 8 September 2020


2020

Multimedia content

United States


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What would you do if someone you love was raped, tortured, or murdered? How would you seek justice? The very thought evokes horror— we shudder to even consider it. But it is a reality faced by Vicki and Syl Scheiber after their daughter’s rape and murder; faced by Karen Brassard in the traumatic aftermath of the Boston Marathon bombing; faced by former Virginia state executioner Jerry Givens after performing 62 executions.As 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?In the Executioner’s Shadow allows a glimpse into Jerry’s rarely seen world of death row and execution. It explores Karen’s moral conflict as she attends the accused bomber’s trial, a young man the same age as her son. It defies our perception of justice as Vicki and Syl fight for the life of their daughter’s murderer.In the Executioner’s Shadow illuminates the oft hidden realities entangled in death row, the death penalty, and the U.S. Justice system at large.

  • Document type Multimedia content
  • Countries list United States
  • Themes list Public opinion, Death Penalty, Country/Regional profiles,

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,

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)

Death Sentencing Database

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


2018

Working with...


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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)

Death and Harmless Error: A Rhetorical Response to Judging Innocence

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


2011

Article

United States


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

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

Document(s)

Death Penalty Mitigation A Handbook for Mitigation Specialists, Investigators, Social Scientists, and Lawyers

By Oxford University Press / Jose B. Ashford / Melissa Kupferberg, on 1 January 2013


2013

Book


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This book provides an introduction to socio-legal forms of mitigation in capital sentencing. It helps mitigation specialists, defense investigators, social scientists, and lawyers in developing socio-cultural themes of mitigation. It examines scientific formulations, concepts, and frameworks for structuring social history investigations and assessments of moral culpability. A fundamental aim of this handbook was to provide mitigation professionals not only with an understanding of the context of mitigation in criminal justice thinking, but also ways of contextualizing issues of blame and culpability.

  • Document type Book
  • Themes list Due Process ,

Document(s)

Pakistani Christian Woman Sentenced to Death

By Amnesty International / British Pakistani Christian Association, on 1 January 2010


2010

Legal Representation


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On 8 November, the 45-year-old mother of five children was found guilty of blasphemy and sentenced to death under Section 295B and 295C of Pakistan’s Penal Code, for insulting the Prophet Muhammad, by a court in Nankana, around 75km (45 miles) west of the city of Lahore in Punjab province.

  • Document type Legal Representation
  • Themes list Networks,

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


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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)

Remedying Wrongful Execution

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


Article

United States


More details See the document

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)

Videos of the 4th World Congress

By Ensemble contre la peine de mort (ECPM), on 1 January 2010


2010

Arguments against the death penalty

fr
More details See the document

This video was filmed at the 4th World Congress Against the Death Penalty in Geneva in February 2010. Speaker is Elizabeth Zitrin at the opening session.

Document(s)

Danthong Breen – Union for Liberty

By Ensemble contre la peine de mort (ECPM), on 8 September 2020


2020

Academic report

Thailand

fr
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Danthong Breen, from the NGO Union for Liberty, based in Thailande, explains why the death penalty is torture.

Document(s)

Amnesty International Death Penalty Awareness Weeks guide

By Amnesty International, on 1 January 2012


2012

Campaigning


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

  • Document type Campaigning
  • Themes list Networks,

Document(s)

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)

Capital Punishment and the Bible

By Gardner C. Hanks / Herald Press, on 1 January 2002


2002

Book

United States


More details See the document

Capital Punishment and the Bible goes beyond proof-text arguments to examine biblical statements about capital punishment in their historical contexts and for present meaning. Does the use of capital punishment in the USA meet Old Testament standards for fairness? How did Jesus and the early church extend God’s love in restorative justice? Gardner C. Hanks convincingly shows that the use of the death penalty is not consistent with Jesus’ call for love and forgiveness.

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

Document(s)

The Death Penalty in the US in 2015 : Year End Report

By Death Penalty Information Center, on 1 January 2015


2015

NGO report


More details See the document

The use of the death penalty in the U.S. declined by virtually every measure in 2015. The 28 executions this year marked the lowest number since 1991. As of December 15, fourteen states and the federal government have imposed 49 new death sentences this year, a 33% decline over last year’s total and the lowest number since the early 1970s when the death penalty was halted by the U.S. Supreme Court. Only six states conducted executions this year, the fewest number of states in 27 years. Eighty-six percent of executions this year were concentrated in just three states: Texas (13), Missouri (6), and Georgia (5). Executions in 2015 declined 20 percent from 2014, when there were 35. This year was the first time in 24 years that the number of executions was below 30.

  • Document type NGO report
  • Themes list Trend Towards Abolition, Statistics, Country/Regional profiles,

Document(s)

Addressing Capital Punishment Through Statutory Reform

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


2002

Article

United States


More details See the document

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

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

Document(s)

Too Broken to Fix: Part I – An In-depth Look at America’s Outlier Death Penalty Counties

By Fair Punishment Project, on 8 September 2020


2020

NGO report

United States


More details See the document

The trends are clear. In 2015, juries returned the fewest number of new death sentences—49—since the death penalty was reinstated in 1976.Of the 3,143 county or county equivalents in the United States, only 16—or one half of one percent—imposed five or more death sentences between 2010 and 2015.This report takes a close look at how capital punishment operates on the ground in half of these active death-sentencing counties. In this first report, we dig deep into Caddo, Clark, Duval, Harris, Maricopa, Mobile, Kern, and Riverside counties. Our review reveals that these counties frequently share at least three systemic deficiencies: a history of overzealous prosecutions, inadequate defense lawyering, and a pattern of racial bias and exclusion. These structural failings regularly produce two types of unjust outcomes which disproportionately impact people of color: the wrongful conviction of innocent people, and the excessive punishment of persons who are young or suffer from severe mental illnesses, brain damage, trauma, and intellectual disabilities.

  • Document type NGO report
  • Countries list United States
  • Themes list Trend Towards Abolition, Country/Regional profiles,

Document(s)

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

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


2002

Article

United States


More details See the document

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

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

Document(s)

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

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


Article

United States


More details See the document

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

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

Document(s)

Too Broken to Fix: Part II – An In-depth Look at America’s Outlier Death Penalty Counties

By Fair Punishment Project, on 8 September 2020


2020

NGO report

United States


More details See the document

The trends are clear. In 2015, juries returned the fewest number of new death sentences—49—since the death penalty was reinstated in 1976.Of the 3,143 county or county equivalents in the United States, only 16—or one half of one percent—imposed five or more death sentences between 2010 and 2015.This report takes a close look at how capital punishment operates on the ground in half of these active death-sentencing counties. In Part II, we highlight Dallas (TX), Jefferson(AL), San Bernardino (CA), Los Angeles (CA), Orange (CA), Miami-Dade (FL),Hillsborough (FL), and Pinellas (FL) counties.Our review of these counties, like the places profiled in Part I, reveals thatthese counties frequently share at least three systemic deficiencies: a history ofoverzealous prosecutions, inadequate defense lawyering, and a pattern of racialbias and exclusion. These structural failings regularly produce two types of unjustoutcomes which disproportionately impact people of color: the wrongful convictionof innocent people, and the excessive punishment of persons who are young or sufferfrom severe mental illnesses, brain damage, trauma, and intellectual disabilities.

  • Document type NGO report
  • Countries list United States
  • Themes list Trend Towards Abolition, Country/Regional profiles,

Document(s)

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

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


2002

Article

United States


More details See the document

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

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

Document(s)

Death sentences and executions in 2016

By Amnesty International, on 1 January 2017


2017

NGO report

fres
More details See the document

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

Document(s)

Joint Statement on the Death Penalty in Bahrain

By Bahrain Institute for Rights and Democracy, on 1 January 2015


2015

Multimedia content

Bahrain


More details See the document

Joint statement calling on the government to immediately commute all death sentences; to investigate all allegations of torture made by persons sentenced to death, and to dismiss any and all convictions made on the basis of confessions obtained under conditions of torture; to re-impose a moratorium on the death penalty with a view towards abolishing the practice.

  • Document type Multimedia content
  • Countries list Bahrain
  • Themes list Country/Regional profiles,

Document(s)

Indigenous constitutionalism and the death penalty: The case of the Commonwealth Caribbean

By Margaret A. Burnham / International Journal of Constitutional Law, on 1 January 2005


2005

Article

Antigua and Barbuda


More details See the document

The Commonwealth Caribbean remains an obstinate holdout against the international trend limiting use of the death penalty. The death row population in the region per capita is about four times that of the United States. Widely debated in legal circles for a decade, capital punishment jurisprudence will be affected by the creation of the regional appellate court that was launched in April 2005. Modeled after the European Court of Justice, the Caribbean Court of Justice (CCJ) will assume the constitutional jurisdiction currently exercised by the Judicial Committee of the London-based Privy Council. Critics claim the CCJ was created to undo the constraints on the death penalty decreed by the Privy Council and international human rights tribunals, while proponents maintain that the new court completes the region’s assumption of sovereignty. This article situates the debate in the constitutional history of the independence era, the current regionalization movement, and the interplay between international norms and domestic fundamental rights.

  • Document type Article
  • Countries list Antigua and Barbuda

Document(s)

Outliers and Outcomes: How 9 of 10 Death Cases End with a Life Sentence & Why That Matters

By Ohioans to Stop Executions, on 8 September 2020


2020

NGO report

United States


More details See the document

OTSE is a coalition of individuals and organizations working to reduce use of and ultimately end capital punishment in Ohio. The purpose of the report is to provide information and analysis to the media, members of the general public, legislators and state leaders.The death penalty in Ohio has become increasingly rare and is relegated to just a few high-use,outlier counties.Indeed, although Ohio has set an execution schedule unmatched by any state in the country up to the year 2023, it seems doubtful, based on its history of litigation and execution drug shortages, that Ohio will execute all those individuals.

  • Document type NGO report
  • Countries list United States
  • Themes list Death Row Conditions, Death Penalty, Country/Regional profiles,

Document(s)

The Decline of the Judicial Override

By Ben Cohen / Michael L. Radelet / Annual Review of Law and Social Science, on 1 January 2019


2019

Academic report


More details See the document

This article discusses the role of judges in death determinations, identifying jurisdictions that initially (post-1972) allowed judge sentencing and naming the individuals who today remain under judge-imposed death sentences. The decisions guaranteeing a jury determination have so far been applied only to cases that have not undergone initial review in state courts. Key questions remain unresolved, including whether the evolving standards of decency permit the execution of more than 100 individuals who were condemned to death by judges without a jury’s death verdict before implementation of the rules that now require unanimous jury votes.

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

Document(s)

Nobody To Talk To: Barriers to Mental Health Treatment for Family Members of Individuals Sentenced to Death and Executed

By Texas After Violence Project, on 1 January 2019


NGO report


More details See the document

Four decades after the reinstatement of the death penalty in the United States, the harmful impact of death sentences and executions on persons other than the individual offender is still not widely recognized – not even among mental health professionals who specialize in responding to individual and community needs in the aftermath of traumatic events.

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

Document(s)

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

By Legal and Human Rights Centre, on 8 September 2020


2020

NGO report

United Republic of Tanzania


More details See the document

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

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

Document(s)

Texas Death Penalty Developments in 2019: The Year in Review

By Texas Coalition to Abolish the Death Penalty / Kristin Houlé / Grace Rudser, on 1 January 2019


2019

NGO report


More details See the document

The Texas Coalition to Abolish the Death Penalty (TCADP) – a statewide advocacy organization based in Austin, Texas – publishes this annual report to inform the public and elected officials about issues associated with the death penalty over the past year. The report includes illustrative charts and graphs, and cites the death penalty developments in Texas (USA).

  • Document type NGO report
  • Themes list Death Penalty,

Document(s)

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

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


2006

Working with...


More details See the document

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

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

Document(s)

Punished for Being Vulnerable. How Pakistan executes the poorest and the most marginalized in society

By Human Rights Commission of Pakistan (HRCP) / Fédération Internationale des Ligues des Droits de l'Homme (FIDH), on 1 January 2019


2019

NGO report


More details See the document

The present report aims to provide an update on the 2007 report, bearing in mind the significant changes that have taken place in Pakistan under various governments since then, including the 2008 unofficial moratorium and the resumption of executions in 2014. The mission aimed at exploring specific issues within the theme of the death penalty, including detention conditions on death row, the use of capital punishment for minors, and the impact of the death penalty on families of death row inmates, particularly their children. However, a recurring theme emerged in discussions about each of these sub-issues: a strong systemic bias against the poor and marginalized.

  • Document type NGO report
  • Themes list Fair Trial, Death Penalty,

Document(s)

The Pakistan Capital Punishment Study. A Study of the Capital Jurisprudence of the Supreme Court of Pakistan

By Reprieve / Fundation for Fundamental Rights, on 1 January 2019


NGO report


More details See the document

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

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

Document(s)

Annual Report On The Death Penalty In Iran 2017

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


2018

NGO report

fr
More details See the document

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

Document(s)

State-sponsored Homophobia: A world survey of laws criminalising same-sex sexual acts between consenting adults

By Lucas Paoli Itaborahy / International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), on 1 January 2012


2012

NGO report


More details See the document

This annual report is characterized by contrasts – some victories to celebrate against a background of hateful laws still in force and hate crimes around the world.

  • Document type NGO report
  • Themes list Minorities, Capital offences, Homosexuality,

Document(s)

The Problem of False Confessions in the Post – DNA World

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


2004

Article

United States


More details See the document

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

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

Document(s)

Status of signature and ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

By United Nations, on 1 January 1989


1989

NGO report

frfr
More details See the document

Status of signature ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, including declarations, reservations and objections.

Document(s)

The Pros and Cons of Life Without Parole

By Bent Grover / Catherine Appleton / British Journal of Criminology, on 1 January 2007


2007

Article

United States


More details See the document

The question of how societies should respond to their most serious crimes if not with the death penalty is ‘perhaps the oldest of all the issues raised by the two-century struggle in western civilization to end the death penalty’ ( Bedau, 1990: 481 ). In this article we draw attention to the rapid and extraordinary increase in the use of ‘life imprisonment without parole’ in the United States. We aim to critically assess the main arguments put forward by supporters of whole life imprisonment as a punishment provided by law to replace the death penalty and argue against life-long detention as the ultimate sanction.

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

Document(s)

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

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


2012

Article

United States


More details See the document

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

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

Document(s)

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

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


2004

Article

United States


More details See the document

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

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

Document(s)

Juan Melendez-6446

By Comision de Derechos Civiles / Luis Rosario Albert, on 1 January 2014


2014

Working with...


More details See the document

This educational guide accompany the documentary Juan Melendez 6446.

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

Document(s)

General comment No. 36 on article 6 of the International Covenant on Civil and Political Rights, on the right to life

By Office of the High Commissioner for Human Rights (OHCHR) , on 1 January 2018


2018

United Nations report


More details See the document

General comment No. 36 on article 6 of the International Covenant on Civil and Political Rights, on the right to life.

  • Document type United Nations report
  • Themes list International law, Right to life, Death Penalty,

Document(s)

Final Declaration 6th World Congress Against the Death Penalty

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


2016

Multimedia content

fr
More details See the document

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

Document(s)

Portuguese : Homofobia do Estado: Uma pesquisa mundial sobre legislações que criminalizam relações sexuais consensuais entre adultos do mesmo sexo

By Lucas Paoli Itaborahy / International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), on 8 September 2020


2020

NGO report


More details See the document

Este relatório anual é caracterizado por contrastes – algumas vitórias a serem celebradas contra um conjunto de leis odiosas ainda em vigência e contra os crimes de ódio ao redor do mundo.

  • Document type NGO report
  • Themes list Minorities, Homosexuality, Most Serious Crimes,

Document(s)

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

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


Multimedia content

India


More details See the document

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

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

Document(s)

The Death Penalty in the US in 2016: Year End Report

By Death Penalty Information Center, on 1 January 2016


2016

NGO report


More details See the document

Use of the death penalty fell to historic lows across theUnited States in 2016. States imposed the fewest deathsentences in the modern era of capital punishment, sincestates began re-enacting death penalty statutes in 1973. Newdeath sentences are predicted to be down 39% from 2015’s40-year low. Executions declined more than 25% to theirlowest level in 25 years, and public opinion polls alsomeasured support for capital punishment at a four-decadelow.

  • Document type NGO report
  • Themes list Trend Towards Abolition, Death Penalty, Statistics, Country/Regional profiles,

Document(s)

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

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


2017

Academic report


More details See the document

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

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

Document(s)

The Report of the Oklahoma Death Penalty Review Commission

By The Constitution Project, on 1 January 2016


2016

NGO report


More details See the document

The Oklahoma Death Penalty Review Commission (Commission) came together shortly after the state of Oklahoma imposed a moratorium on the execution of condemned inmates. In late 2015, Oklahoma executions were put on hold while a grand jury investigated disturbing problems involving recent executions, including departures from the execution protocols of the Department of Corrections. The report of the grand jury, released in May of 2016, was highly critical and exposed a number of deeply troubling failures in the final stages of Oklahoma’s death penalty

  • Document type NGO report
  • Themes list World Coalition Against the Death Penalty, Death Penalty,

Document(s)

The Role of Race in Washington State Capital Sentencing, 1981-2014

By Katherine Beckett / University of Washington, on 1 January 2014


2014

Academic report


More details See the document

This report assesses whether race influences the administration of capital punishment in Washington State, and if so, where in the process it matters.

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

Document(s)

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

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


2002

Article

United States


More details See the document

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

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

Document(s)

Malawian Traditional Leaders’ Perspectives on Capital Punishment

By Cornell Law School / Malawi’s Paralegal Advisory Services Institute (PASI), on 1 January 2018


2018

NGO report


More details See the document

On 18 April 2018, the Cornell Center on the Death Penalty Worldwide and Malawi’s Paralegal Advisory Services Institute (PASI) released their report on “Malawian Traditional Leaders’ Perspectives on Capital Punishment” before a group of public officials and stakeholders in Lilongwe.The report analyses data from surveys of 102 traditional leaders in villages across Malawi. Clifford Msiska, the National Director of PASI, informed an audience in Lilongwe that over ninety percent of traditional leaders surveyed did not support the use of the death penalty to punish individuals convicted of murder. Only six traditional leaders stated that death was the appropriate penalty for murder. The rest preferred a term of years, life imprisonment with opportunity for early release, or (least frequently of all) life imprisonment with no opportunity for release.

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

Document(s)

Annual report on the death penalty in Iran 2014

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


2015

NGO report


More details See the document

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

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

Document(s)

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

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


2002

Article

United States


More details See the document

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

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

Document(s)

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

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


Article

United States


More details See the document

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

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

Document(s)

Report No. 262. The Death Penalty

By The Law Commission of India, on 1 January 2015


2015

Government body report


More details See the document

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

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

Document(s)

Deadly Injustice. Visualizing Executions in Iran 2011-2015

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


NGO report


More details See the document

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

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

Document(s)

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

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


2002

Article

United States


More details See the document

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

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

Document(s)

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

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


2017

Academic report


More details See the document

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

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

Document(s)

Mapping the Fate of the Dead (Killings and Burials in North Korea)

By Transitional Justice Working Group, on 1 January 2019


2019

NGO report


More details See the document

The Transitional Justice Working Group’s 2019 report “Mapping the Fate of the Dead: Killings and Burials in North Korea” is based on four years of research(2015-2019) to document and map three types of locations connected to human rights violations in the Democratic People’s Republic of Korea (North Korea):

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

Document(s)

Stolen Youth. Juvenils, mass trials and the death penalty in Egypt

By Reprieve, on 1 January 2019


NGO report


More details See the document
  • Document type NGO report
  • Themes list Juveniles, Fair Trial, Death Penalty,

Document(s)

Annual report on the death penalty in Iran 2015

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


2016

NGO report

fa
More details See the document

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

Document(s)

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

By Civil Society Contact Group, on 8 September 2020


2020

Academic report

enenenenenenenenenfres
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Document(s)

Annual report on the death penalty in Iran 2020

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


2021

NGO report

Iran (Islamic Republic of)

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

Document(s)

Greek : НОВЫЕ ТЕНДЕНЦИИ РАЗВИТИЯ УГОЛОВНОГО ЗАКОНОДАТЕЛЬСТВА В КИТАЕ

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


2020

Article

China


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

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

Document(s)

The Death Penalty in Alabama: Judge Override

By Equal Justice Initiative, on 1 January 2011


2011

NGO report


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In Alabama, elected trial judges can override jury verdicts of life and impose death sentences. Although judges have authority to override life or death verdicts, in 92% of overrides elected judges have overruled jury verdicts of life to impose the death penalty.

  • Document type NGO report
  • Themes list Fair Trial, Arbitrariness, Sentencing Alternatives,

Document(s)

Indonesian : Praktek Hukuman Mati Di Indonesia

By Kontras, on 8 September 2020


2020

NGO report

Indonesia


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

  • Document type NGO report
  • Countries list Indonesia

Document(s)

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

By Civil Society Contact Group, on 8 September 2020


Academic report

enenenenenenenenenfres
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Document(s)

German : Einleitung durch die Kontaktgruppe der Europäischen Zivilgesellschaft : Ein Leitfaden für die Zusammenarbeit

By European Union, on 8 September 2020


Academic report

enfr
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Das Handbuch ist dafür gedacht, Ihnen einen Überblick über die verschiedenen Sektoren von NGOs zu geben, die sich für BürgerInnenrechte und für das allgemeine Interesse einsetzen und kann Ihnen somit gleichsam als Kompass für die europäische Zivilgesellschaft dienen. Im ersten Teil geben wir Ihnen zunächst einen generellen Einblick in die bereits bestehende Praxis des Dialogs zwischen EU Institutionen und NGOs, die sich über die letzten 20 Jahre hinweg herausgebildet hat. Daran anschließend möchte wir Ihnen die Forderungen der NGOs im Bezug auf die Umsetzung des Paragraphen über den Zivilen Dialog nahebringen, wie er in der neuen Verfassung niedergeschrieben ist. Im zweiten Teil finden Sie einen Überblick über die verschiedenen Politkbereiche, in denen sich die sechs Sektoren in den nächsten 5 Jahren ihrer Amtszeit jeweils engagieren werden. Dieser Teil soll es Ihnen ermöglichen, die Bereiche auszumachen, in denen europäische NGOs für Ihre jeweils spezifische Arbeit im Parlament Expertise anbieten können. Die Werte und Ziele der Kontaktgruppe finden Sie in Teil III. Der Anhang ist eine komplette Kontaktliste der verschiedenen NGOs, die im Rahmen der Kontaktgruppe zusammen kommen.

Document(s)

Question of the death penalty. Report of the Secretary-General.

By United Nations, on 1 January 2011


2011

International law - United Nations

ruzh-hantes
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The present report contains information covering the period from July 2010 to June 2011, and draws attention to a number of phenomena, including the continuing trend towards abolition, the ongoing difficulties in gaining access to reliable information on executions, and various international efforts towards the universal abolition of the death penalty.

Document(s)

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

By Civil Society Contact Group, on 8 September 2020


2020

Academic report

enenenenenenenenenfres
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Document(s)

Educational Curriculum on the Death Penalty Classroom Resource Manual

By Death Penalty Information Center, on 1 January 2003


2003

Campaigning


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This web site and its accompanying materials are designed to assist both teachers and students in an exploration of capital punishment, presenting arguments for and against its use, as well as issues of ethics and justice that surround it.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Human Rights Council March 2016 Iran letter

By Impact Iran , on 1 January 2016


2016

Multimedia content

Iran (Islamic Republic of)


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Some Human Rights and civil society groups wrote to the member states of the Human Rights Council to get them to support the resolution to renew the mandate of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran at the 31st session of the United Nations Human Rights Council.

  • Document type Multimedia content
  • Countries list Iran (Islamic Republic of)
  • Themes list International law, Most Serious Crimes, Country/Regional profiles,

Document(s)

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

By Civil Society Contact Group, on 8 September 2020


2020

Academic report

enenenenenenenenenfres
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Document(s)

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

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


2006

Article

Japan


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

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

Document(s)

UPR Pre-Session Statement on the Death Penalty in Iran

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


2014

NGO report


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

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

Document(s)

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

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


2004

Article

United States


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

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

Document(s)

Death Row U.S.A. Fall 2010

By National Coalition Against the Death Penalty, on 1 January 2010


2010

NGO report


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A quarterly report by the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, on the situation of the death penalty in the USA

  • Document type NGO report

Document(s)

The European Parliament 2004-2009 and European Civil Society: A Guide for Partnership

By European Union, on 1 January 2010


Working with...

enfr
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The handbook is intended to introduce you to the rights and value based NGO sectors in the EU and helps you to navigate your way around Civil Society. Part I gives a general overview of the context of dialogue between the EU institutions and NGOs – as it has been established over the last 20 years – and how NGOs would like civil dialogue to develop in the context of the new Constitution. In Part II you will find an overview of the policy areas that each of the 6 sectors will work on during the EP period 2004-2009. This is intended to help you identify the areas of expertise European NGOs can offer for your specific work in the EP. The values and objectives of the EU Civil Society Contact Group from Part III and the annex contain a comprehensive contact list for European NGOs within the 6 sectors.