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2486 Document(s) 1084 Member(s) 834 Article(s) 12 Page(s)

Document(s)

Cruel and Unusual: The American Death Penalty and the Founders’ Eighth Amendment

on 1 January 2012


2012


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While shedding important new light on the U.S. Constitution’s “cruel and unusual punishments” clause, Bessler explores the influence of Cesare Beccaria’s essay, on Crimes and Punishments, on the Founders’ views, and the transformative properties of the Fourteenth Amendment, which made the Bill of Rights applicable to the states.

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The Death of Innocents: An Eyewitness Account of Wrongful Executions

on 1 January 2005


2005


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She tells the story of two inmates she came to know as a spiritual adviser. Dobie Williams, a poor black man with an IQ of 65 from rural Louisiana, was executed after being represented by incompetent counsel and found guilty by an all-white jury based mostly on conjecture and speculation. Joseph O’Dell was convicted of murder after the court heard from an inmate who later admitted to giving false testimony for his own benefit. O’Dell received neither an evidentiary hearing nor potentially exculpatory DNA testing and was executed, insisting on his innocence the whole while. Besides exploring the shaky cases against them, Prejean describes in vivid detail the thoughts and feelings of Williams and O’Dell as their bids for clemency fail and they are put to death. The second part of the book details “the machinery of death,” the legal process that Supreme Court Justice Harry Blackmun, dismayed at the inequities of the death penalty, cited as his reason for resigning and that current justice Antonin Scalia has boasted of being a part of.

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Capital Punishment: Strategies for Abolition

on 1 January 2004


2004


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The editors of this study isolate the core issues influencing legislation so that they can be incorporated into strategies that advise governments in changing their policy on capital punishment. What are the critical factors determining whether a country replaces, retains or restores the death penalty? Why do some countries maintain the death penalty in theory, but in reality rarely invoke it? These questions and others are explored in chapters on South Korea, Lithuania, Georgia, Japan and the British Caribbean Commonwealth, as well as the U.S.

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The Executioner’s Song

on 8 September 2020


2020


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Norman Mailer tells Gary Gilmore’s story, and those of the men and women caught up in his procession toward the firing squad, with implacable authority, steely compassion, and a restraint that evokes the parched landscapes and stern theology of Gilmore’s Utah.

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When the State Kills: Capital Punishment and the American Condition

on 1 January 2001


2001


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Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society.Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans’ evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile.Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people’s sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America’s killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life’s complexities, and much further from solving the nation’s ills. In short, it leaves us with an impoverished democracy.The book’s powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish.

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APYN Death Penalty Quizz

on 1 January 2009


2009


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Quizz on the death penalty by the Asia Pacific Youth Network

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Ultimate Punishment: A Lawyer’s Reflections on Dealing with the Death Penalty

on 8 September 2020


2020


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Turow bases his opinions on his experiences as a prosecutor and, in his post-prosecutorial years, working on behalf of death-row inmates, as well as his two years on Illinois’s Commission on Capital Punishment, charged by the former Gov. George Ryan.Turow presents both sides of the death penalty debate and seems himself to flip sides depending on the argument.Turow’s reflections include: * Thoughts on victims’ rights vs. community rights * Whether execution is a deterrent * The possible execution of an innocent person * If not the death penalty, what to do with the worst offenders

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A Life in the Balance: The Billy Wayne Sinclair Story, A Journey from Murder to Redemption Inside America’s Worst Prison System

on 8 September 2020



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Life in the Balance: a book on the Billy Wayne Sinclair Story, A Journey from Murder to Redemption Inside America’s Worst Prison System. The New York Times Book Review called it a “numbing tale of crime, punishment, and redemption.”

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Circumstances of Offense: Robert “Saint” Bailey on Death Row

on 8 September 2020



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This book is a first-hand account of the life of Simon City Royals gangster Robert “Saint” Bailey who is currently on Death Row in Raiford, Florida. He killed a law enforcement officer in 2005.

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America’s Death Penalty: Between Past and Present

on 8 September 2020



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This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment.

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When the State No Longer Kills: International Human Rights Norms and Abolition of Capital Punishment

on 1 January 2007


2007


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This book tries to explain what leads a state to abolish capital punishment or impose a moratorium, by offereing in-depth analyses of four countries: Ukraine, South Africa, South Korea and the United States. Focusing on the role of political leadership and domestic political institutions, Bae clarifies the causal mechanisms that lead to state compliance or noncompliance with the norm.

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Determinants of the Death Penalty: A Comparative Study of the World

on 1 January 2004


2004


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Determinants of the Death Penalty seeks to explain the phenomenon of capital punishment – without recourse to value judgements – by identifying those characteristics common to countries that use the death penalty and those that mark countries which do not. This global study uses statistical analysis to relate the popularity of the death penalty to physical, cultural, social, economical, institutional, actor oriented and historical factors. Separate studies are conducted for democracies and non-democracies and within four regional contexts. The book also contains an in-depth investigation into determinants of the death penalty in the USA.

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The Darkest Hour: Shedding Light on the Impact of Isolation and Death Row

on 1 January 2012


2012


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The Darkest Hour: Stories and Interviews from Death Row by Nanon M. Williams emerged from a deep and dark despair in a place where the thought of suicide often holds more appeal than the thought of living

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Perspectives on Capital Punishment in America

on 1 January 2013


2013


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Searching inquiry into the contours of capital punishment in America. Containing over 1300 footnotes, the chapters by ten young scholars explore the sometimes-ignored fine details of the death penalty. Topics include the impropriety of applying the death penalty to felony murder, the implications of death row exonerations and their impact on access to post-conviction DNA testing, media impacts on capital cases, death qualification of capital juries and its impact on the right of prospective capital jurors to enjoy First Amendment protection of the free exercise of their religions, the fiscal conservative and social conservative argument favoring abolition of the death penalty, the need for a heightened standard of proof – greater than beyond a reasonable doubt – at the penalty phase of capital trials, federal habeas corpus protections for state-sentenced capital offenders and the constitutionality of limits on “actual innocence” equitable tolling, tips and techniques for capital defense counsel representing defendants who were acutely substance-impaired at the time of the crime or have a history of chronic substance abuse or chemical dependency, the impropriety of allowing counsel to argue fiscal matters to the jury, such as that either execution or life imprisonment is the “cheapest” option for society, and the role the death penalty should and does play within the Uniform Code of Military Justice.

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America Without the Death Penalty: States Leading the Way

on 1 January 2002


2002


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Twelve states and the District of Columbia do not impose the death penalty. The authors, all sociology professors at American universities, use the case-study method to examine why this is so. The factors they consider include murder rates, the history of executions, economic circumstances, public opinion, mass media, population diversity, and each state’s abolition of the death penalty. They also examine the role of a state’s social, cultural, and economic leaders in public debate on capital punishment. The states studied are Michigan, Wisconsin, Maine, Minnesota, North Dakota, Alaska, Hawaii, Iowa, and West Virginia, though there is also some discussion of Massachusetts, Rhode Island, Vermont, and the District of Columbia. Media reports and government documents were reviewed and legislators, civil servants, journalists, death-penalty activists, and others interviewed. Throughout, the authors express an abolitionist point of view, stating “We hope this book will provide practical information to those interested in furthering death penalty abolition in the United States and throughout the world.”

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Murdering Myths: The Story Behind the Death Penalty

on 1 January 2005


2005


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In Murdering Myths: The Story Behind the Death Penalty, Judith Kay goes beyond the hype and statistics to examine Americans’ deep-seated beliefs about crime and punishment. She argues that Americans share a counter-productive idea of justice–that punishment corrects bad behavior, suffering pays for wrong deeds, and victims’ desire for revenge is natural and inevitable. Drawing on interviews with both victims and inmates, Kay shows how this belief harms perpetrators, victims, and society and calls for a new narrative that recognizes the humanity in all of us.

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Addressing the Gender Dimension of the Death Penalty: Coaction Between Parliamentarians and Civil Society

on 10 September 2021


2021


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Created on the occasion of the 19th World Day Against the Death Penalty (10/10/21), this tool’s aim is to provide practical advice and concrete suggestions to civil society organizations who wish/ are already collaborating with parliamentarians to end the death penalty and bring attention to women sentenced to death.

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Annual Statistics Report 2022

on 22 February 2023


2023


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This is the seventh edition of the Death Penalty in India: Annual Statistics Report published by Project 39A at National Law University, Delhi. 2022 represents a significant shift in death penalty adjudication, with the Supreme Court recognising the need to reconsider the capital sentencing framework for the first time since it was laid down in Bachan Singh v. State of Punjab in 1980. In a momentous order, the Supreme Court noted the gaps in the death penalty sentencing framework and has sought to address these concerns through a Constitution Bench towards establishing the components of a real, meaningful and effective capital sentencing hearing. In another decision, the Court laid down guidelines for the collection of mitigating material by trial courts. However, in the same year that the Supreme Court cast grave doubts on the death penalty sentencing framework and its implementation by trial courts, it is of concern that 165 death sentences were imposed by Sessions Courts, the highest in a single year since 2000.

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EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Arizona Death Penalty Assessment Report: An Analysis of Arizona’s Death Penalty Laws, Procedures, and Practices

on 1 January 2006


2006


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To assess fairness and accuracy in Arizona’s death penalty system, the Arizona Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Arizona Death Penalty Assessment Report summarizes the research on each issue and analyzes the State’s level of compliance with the relevant ABA Recommendations.

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EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Alabama Death Penalty Assessment Report: An Analysis of Alabama’s Death Penalty Laws, Procedures, and Practices

on 1 January 2006



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To assess fairness and accuracy in Alabama’s death penalty system, the Alabama Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Alabama Death Penalty Assessment Report summarizes the research on each issue and analyzes the level of compliance with the relevant ABA Recommendations.

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What Strategies Towards the Abolition of the Death Penalty in West Africa? : Report of the Symposium in Dakar

on 1 January 2012


2012


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The regional seminar on the abolition of the death penalty in West Africa took place inDakar (Senegal) from 12-14 November 2012. This workshop brought together nineteenACAT members affiliated to FIACAT. It was therefore possible for each of the nine West Afri-can ACATs1to be represented by two participants (with the exception of Senegal, whichwas represented by three members).Participants at the workshop attended lectures and had the opportunity to developnational action plans for achieving abolition in their countries. According to feedbackreceived at the end of the seminar, attendees found the practical nature of the lectures,and the opportunity to network with other ACATs and learn from the experiences of otherparticipants, particularly beneficial.This document is a collection of all of the lectures from the Dakar seminar, as well asinternational and African texts relating to the death penalty. It is intended as a practicaltool to assist us as we progress towards abolition in Sub-Saharan Africa.

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EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Florida Death Penalty Assessment Report: An Analysis of Florida’s Death Penalty Laws, Procedures, and Practices

on 1 January 2006


2006


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To assess fairness and accuracy in Florida’s death penalty system, the Florida Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. The Florida Death Penalty Assessment Report devotes a chapter to each of these issues, which follow a preliminary chapter on Florida death penalty law (for a total of 13 chapters). Each of the issue chapters begins with a discussion of the relevant law and then reaches conclusions about the extent to which the State of Florida complies with the ABA Recommendations.

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EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Pennsylvania Death Penalty Assessment Report: An Analysis of Pennsylvania’s Death Penalty Laws, Procedures, and Practices

on 1 January 2007


2007


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To assess fairness and accuracy in Pennsylvania’s death penalty system, the Pennsylvania Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’scapital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. Following a preliminary chapter on Pennsylvania’s death penalty law, the Pennsylvania Death Penalty Assessment Report devotes a chapter to each of these issues. Each chapter begins with a discussion of the relevant law and concludes with a discussion of the extent to which the Commonwealth of Pennsylvania is in compliance with the ABA’s Recommendations.

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EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Indiana Death Penalty Assessment Report: An Analysis of Indiana’s Death Penalty Laws, Procedures, and Practices

on 1 January 2007



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To assess fairness and accuracy in Indiana’s death penalty system, the Indiana Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. The Indiana Death Penalty Assessment Report devotes a chapter to each of these issues, which follow a preliminary chapter on Indiana death penalty law (for a total of 13 chapters). Each of the issue chapters begins with a discussion of the relevant law and then reaches conclusions about the extent to which the State of Indiana complies with the ABA Recommendations.

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EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Ohio Death Penalty Assessment Report: An Analysis of Ohio’s Death Penalty Laws, Procedures, and Practices

on 1 January 2007



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To assess fairness and accuracy in Ohio’s death penalty system, the Ohio Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. The Ohio Death Penalty Assessment Report devotes a chapter to each of these issues, which follow a preliminary chapter on Ohio death penalty law (for a total of 13 chapters). Each of the issue chapters begins with a discussion of the relevant law and then reaches conclusions about the extent to which the State of Ohio complies with the ABA Recommendations.

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EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Georgia Death Penalty Assessment Report: An Analysis of Georgia’s Death Penalty Laws, Procedures, and Practices

on 1 January 2006


2006


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To assess fairness and accuracy in Georgia’s death penalty system, the Georgia Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Georgia Death Penalty Assessment Report summarizes the research on each issue and analyzes the level of compliance with the relevant ABA Recommendations.

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EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Tennessee Death Penalty Assessment Report: An Analysis of Tennessee’s Death Penalty Laws, Procedures, and Practices

on 1 January 2007


2007


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To assess fairness and accuracy in Tennessee’s death penalty system, the Tennessee Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency proceedings; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. Following a preliminary chapter on Tennessee’s death penalty law, the Tennessee Death Penalty Assessment Report devotes a chapter to each of these twelve issues. Each chapter begins with a discussion of the relevant law and then concludes the extent to which the State of Tennessee is in compliance with the ABA’s Recommendations.

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International Network of Academics Against the Death Penalty

on 8 September 2020


2020


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It is of the utmost importance, in the short and medium-term, to develop an intense work of academically nature both of study and disclosure of the problems of the abolition of the death penalty in the international scenario, to complement and help the work of the diplomatic action and non-governmental organizations. To this effect it is proposed to keep REPECAP as an ever – growing scientific world network comprising academic law scholars, human rights centers, institutions of public law and Ngos, with expertise and skill in the problems of death penalty and interests in the field of international criminal justice, as well as young researchers who have been dealing with these topics or wish to get involved with the subject, regardless of nationality or locations.

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Responsible Business Engagement on the Death Penalty. A Practical Guide

on 1 January 2019


2019


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Business engagement in the death penalty is critical because of the impact it can have. Putsimply: the power is in your hands. If your business is looking for a human rights issue whereit can achieve measurable change, advocacy on the death penalty must be considered.Global support for the death penalty is declining. Meanwhile, competition for investment isfierce. Governments and the public at large care more about job creation and a healthy economythan a system of executions. Therefore, the voices of businesses and business leaders havea huge role to play in shaping public dialogue about whether to keep – or end – the use ofcapital punishment.

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Myths and Facts about the Death Penalty

on 1 January 2009


2009


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8 Myths about the death penalty are explored in this text: 1. the death penalty is needed to keep society safe, 2. the death penalty is applied fairly, 3. the death penalty is used worldwide, 4. the death penalty deters crime, 5. execution is cheaper than permanent imprisonment, 6. the death penalty offers justice to victims’ families, 7. only the truly guilty get the death penalty, 8. religious teachings support the death penalty.

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THE MOST IMPORTANT FACTS OF 2003

on 1 January 2004


2004


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The worldwide situation to date: The worldwide situation concerning the death penalty has once again registered a trend towards abolition in the past year. The countries or territories that to different extents have decided to give up the practice of capital punishment total 133, including the first months of 2004. Of these 81 have abolished the death penalty completely; 14 have abolished it for ordinary crimes; 1, Russia, as a member of the Council of Europe is committed to abolish it and in the meanwhile apply a moratorium on executions; 5 are observing moratoriums and 32 countries are de facto abolitionist, not having carried out executions for at least 10 years.

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Crossing the River Styx, The Memoir of a Death Row Chaplain

on 24 March 2023


2023


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The Reverend Russ Ford, who served as the head chaplain on Virginia’s death row for eighteen years, raged against the inequities of the death penalty—now outlawed in Virginia—while ministering to the men condemned to die in the 1980s and 1990s. Ford stood watch with twenty-eight men, sitting with them in the squalid death house during the final days and hours of their lives. In July 1990 he accidentally almost became the 245th person killed by Virginia’s electric chair as he comforted Ricky Boggs in his last moments, a vivid episode that opens this haunting book. Many chaplains get to know the condemned men only in these final moments. Ford, however, spent years working with the men of Virginia’s death row, forging close bonds with the condemned and developing a nuanced understanding of their crimes, their early struggles, and their challenges behind bars. His unusual ministry makes this memoir a unique and compelling read, a moving and unflinching portrait of Virginia’s death row inmates. Revealing the cruelties of the state-sanctioned violence that has until recently prevailed in our backyard, Crossing the River Styx serves as a cautionary tale for those who still support capital punishment.

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Death Penalty For Drug Offences: Global Overview 2020

on 4 May 2021


2021


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Harm Reduction International has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007.

This report, our tenth on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international law.

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Key legal Instruments and texts adopted on Abolition of the death penalty by the Council of Europe

on 24 January 2023


2023


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All the Council of Europe documents related to abolition of the death penalty gathered in one page : decisions of the Committee of Ministers, resolutions of the Parliamentary Assembly, Treaties…

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

on 1 January 2014


2014


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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.

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Barbara Bechnel: Witness to the execution of Stanley Tookie Williams

on 1 January 2009


2009


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A witness to the lethal injection execution of Stanley Tookie Williams describes what she saw at his execution. Stanley Tookie Williams execution was botched and he experienced 35 minutes of pain because part of the lethal injection 3 drug procedure did not work effectively.

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The Grass Beneath His Feet: The Charles Victor Thompson Story

on 1 January 2008


2008


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Nothing produced a glow in his eyes like the wonders of nature provoking his every curiosity. Everything about nature appealed to his meticulous character and his childhood was invested at Medina Lake, chasing down fireflies, and fishing. There was nothing he liked better than fried perch and eggs for breakfast. So how does such an innocent boy end up on death row in what most agree is the most relentless state for executing murders? The Grass Beneath His Feet recounts the life of Charles Victor Thompson, who after falling in love; found himself in a disturbing chain of events that would change his life forever. This re-telling of his story is extracted directly from the journals of Charles Victor Thompson himself where his childhood, his true love, and his ultimate escape from death row are revealed. For this first time, readers can enjoy the intimate details of the escape that shocked the entire nation. America?s Most Wanted, CNN, The World News all wanted to know the same question: How did this man manage to escape from the most notorious death row system in the country? The Grass Beneath His Feet also introduces Charles to the people, not as a murderer, but as a man fighting to prove that there were many flaws in his legal process that kept him from proving that he does not meet criteria for capital punishment. Prepare to embark on a journey into a life at death row through the eyes of Charles Victor Thompson and run next to him as a child and an escapee as he took in the beauty of nature and the South Texas sun with the grass beneath his feet.

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Elmer ‘Geronimo’ Pratt dies at 63; former Black Panther whose murder conviction was overturned

on 8 September 2020


2020


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Elmer G. “Geronimo” Pratt, a former Los Angeles Black Panther Party leader whose 1972 murder conviction was overturned after he spent 27 years in prison for a crime he said he did not commit, has died. He was 63.

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3 questions to Ndume Olatushani, former death row prisoner

on 1 January 2018


2018


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Ndume, 56 years old, spent 28 years in prison in the US, 20 of which on death row, for a crime he did not commit. Today, he is human rights activist, and fight with us for the abolition of the death penalty. He is also a very gifted painter.

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The Failure of Mitigation?

on 1 January 2014


2014


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A vast literature details the crimes that condemned inmates commit, but very little is known about the social histories of these capital offenders. For example, how many offenders possessed mitigating characteristics that demonstrate intellectual or psychological deficits comparable to those shared by classes of offenders categorically excluded from capital punishment? Did these executed offenders suffer from intellectual disability, youthfulness, mental illness, or childhood trauma? The problem with this state of affairs is that the personal characteristics of the defendant can render the death penalty an excessive punishment regardless of the characteristics of the crime. This Article begins to fill the mitigation knowledge gap by describing the social histories of the last hundred offenders executed in America. Scouring state and federal court records, this Article documents the presence of significant mitigation evidence for eighty-seven percent of executed offenders. Though only a first step, our findings suggest the failure of the Supreme Court’s mitigation project to ensure the only offenders subjected to a death sentence are those with “a consciousness materially more depraved” than that of the typical murderer. Indeed, the inverse appears to be true: the vast majority of executed offenders possess significant functional deficits that rival — and perhaps outpace — those associated with intellectual impairment and juvenile status; defendants that the Court has categorically excluded from death eligibility.

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The Innocents

on 1 January 2002


2002


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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.

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Ray Krone

on 1 January 2008


2008


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Ray Krone was on death row in Arizona State Prison for two years (and eight years in prison) before he was freed after DNA tests proved his innocence in 2002.Mr. Krone became the 100th death row inmate to be proven innocent in the United States of America since 1973. Mr. Krone was twice convicted for a murder he did not commit. Mr. Krone tell his story in this video.

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

on 1 January 2005


2005


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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.

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Capital Punishment and the Bible

on 1 January 2002


2002


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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.

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

on 1 January 2004


2004


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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.

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The Shadow of the Gallows: The Death Penalty and the British Labour Government, 1945-51

on 1 January 2000


2000


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Exactly what went wrong and why is the theme of this article. How and why did the Labour government, despite its massive majority in Parliament and a long-standing commitment to abolition, fail to get rid of the death penalty? Why was this “window of opportunity” to abolish capital punishment shut for another decade and a half? The answers to these questions will be sought primarily in the realm of government and Parliament.

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Infographic: Death Penalty in California

on 1 January 2013


2013


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The death penalty in the state of California continues to be a major focus, due in part to the burden it places on tax payers. Our goal with this infographic was to examine the facts, and the facts alone. Even though Proposition 34 did not pass in the most recent election, this issue will continue to be argued and remain a pressing issue, especially during difficult economic times.

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Iran must halt execution of web programmer

on 1 January 2012


2012


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Saeed Malekpour was sentenced to death in December 2010 following what appears to have been an unfair trial, without access to his lawyer, and amid allegations that he was tortured and forced to confess to crimes which he did not commit. Iran must not execute this web programmer sentenced to death after one of his web programs was used to post pornographic images without his knowledge, Amnesty International said today, as the Iranian authorities continue their crackdown on bloggers and other users of the internet.

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Where is the justice for me?’ The case of Troy Davis, facing execution in Georgia

on 8 September 2020


2020


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Troy Anthony Davis has been on death row in Georgia for more than 15 years for the murder of a police officer he maintains he did not commit. Given that all but three of the witnesses who testified against Troy Davis at his trial have since recanted or contradicted their testimony amidst allegations that some of it had been made under police duress, there are serious and as yet unanswered questions surrounding the reliability of his conviction and the state’s conduct in obtaining it. As the case currently stands, the government’s pursuit of the death penalty contravenes international safeguards which prohibit the execution of anyone whose guilt is not based on “clear and convincing evidence leaving no room for an alternative explanation of the facts”. Amnesty International does not know if Troy Davis is guilty or innocent of the crime for which he is facing execution. As an abolitionist organization, it opposes his death sentence either way. It nevertheless believes that this is one in a long line of cases in the USA that should give even ardent supporters of the death penalty pause for thought. For it provides further evidence of the danger, inherent in the death penalty, of irrevocable error. As the Chief Justice of the United States Supreme Court wrote in 1993, “It is an unalterable fact that our judicial system, like the human beings who administer it, is fallible. Or as a US federal judge said in 2006, “The assessment of the death penalty, however well designed the system for doing so, remains a human endeavour with a consequent risk of error that may not be remediable.”

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Myth #5 – Death penalty trials are a fair process

on 8 September 2020



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MYTH: Death penalty trials are a fair process. Trials and appeals are closely scrutinised. The defendant’s basic rights are protected. FACT: People are executed around the world every day because they did not have a fair trial.

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Akmal Shaikh

on 1 January 2009


2009


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It was during this time Akmal met a man who claimed to be in the music industry; he told Akmal he could help him realise his dream of becoming a pop, When Akmal landed in China on 12 September 2007 the police stopped him, searched his bag, where they alleged they found around 4 kg of heroin, and arrested him on drug charges sensation and sent him to Kyrgyzstan to meet with his “colleagues”. In Kyrgyzstan Akmal was asked to accompany one of the men to China. The man claimed to own a nightclub there and said he wanted Akmal to sing in his club. Excited at the prospect, Akmal agreed to travel to China with him; Before boarding the plane Akmal was asked to carry this mans suitcase, he did so without knowing that there were drugs in it.

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He Called Me Sister

on 24 February 2023


2023


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The fascinating, moving story of a friendship with an inmate on death row. It was a clash of race, privilege, and circumstance when Alan Robertson first signed up through a church program to visit Cecil Johnson on Death Row, to offer friendship and compassion. Alan’s wife Suzanne had no intention of being involved, but slowly, through phone calls and letters, she began to empathize and understand him. That Cecil and Suzanne eventually became such close friends—a white middle-class woman and a Black man who grew up devoid of advantage—is a testament to perseverance, forgiveness, and love, but also to the notion that differences don’t have to be barriers. This book recounts a fifteen-year friendship and how trust and compassion were forged despite the difficult circumstances, and how Cecil ended up ministering more to Suzanne’s family than they did to him. The story details how Cecil maintained inexplicable joy and hope despite the tragic events of his life and how Suzanne, Alan, and their two daughters opened their hearts to a man convicted of murder. Cecil Johnson was executed Dec. 2, 2009.

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Philippines: March 2018 National Survey on Public Perceptions on the Death Penalty

on 1 January 2018


2018


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This is the main finding of the March 2018 National Survey on Public Perception on the Death Penalty, conducted by Social Weather Stations (SWS) for the Commission on Human Rights of the Philippines (CHRP). This is the first survey in the Philippines to explore thought processes and disentangle layers of perceptions about the death penalty. It did face-to-face interviews of 2,000 respondents aged 15 and above nationwide during the period March 22 to 27, 2018.

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Exploring the Effects of Altitudes Toward the Death Penalty on Capital Sentencing Verdicts

on 1 January 2004


2004


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Attitudes toward the death penalty are multifaceted and strongly held, but little research outside of the death-qualification literature has focused on the role that such attitudes and beliefs play in jurors’ capital sentencing verdicts. A single item is insufficient to properly measure attitudes toward the death penalty; therefore, a new 15-item, 5-factor scale was constructed and validated. Use of this scale in 11 studies of capital jury decision making found a large effect of general support of the death penalty on sentencing verdicts as well as independent aggravating effects for the belief that the death penalty is a deterrent and the belief that a sentence of life without parole nonetheless allows parole. These effects generally were not completely mediated by, nor did attitudes moderate the effects of, aggravating and mitigating factors.

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

on 1 January 2017


2017


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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.

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Adieu to Electrocution

on 1 January 2000


2000


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

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The Last Supper

on 1 January 2013


2013


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

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The Death Penalty: A Worldwide Perspective

on 1 January 2014


2014


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

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Executions, Deterrence and Homicide: A Tale of Two Cities

on 1 January 2009


2009


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

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The People Decide: The Effect of the Introduction of the Quasi-Jury System (Saiban-In Seido) on the Death Penalty in Japan

on 1 January 2007


2007


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This article examines the potential impact of the new lay assessor system, or saiban-in seido, on capital punishment in Japan, and considers whether it may reduce death sentences to the point of effectively abolishing them at trial stage in the District Court. The article posits that the introduction of the lay assessor system may create the momentum for Japan to align its criminal justice system with that of other developed countries—that is, abolition of the death penalty as an available criminal sanction.

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Northwestern Death Penalty Project

on 1 January 1998


1998


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The Center on Wrongful Convictions is dedicated to identifying and rectifying wrongful convictions and other serious miscarriages of justice. The Center has three components: representation, research, and community services. Center faculty, staff, cooperating outside attorneys, and Bluhm Legal Clinic students investigate possible wrongful convictions and represent imprisoned clients with claims of actual innocence. The research component focuses on identifying systemic problems in the criminal justice system and, together with the community services component, on developing initiatives designed to raise public awareness of the prevalence, causes, and social costs of wrongful convictions and promote reform of the criminal justice system. In addition, the community services component helps exonerated former prisoners cope with the difficult process of reintegration into free society.

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The Needs of the Wrongfully Convicted: A Report on a Panel Discussion

on 1 January 2002


2002


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This report has been prepared for Governor Ryan’s Commission on Capital Punishment to provide additional information on those who have been wrongfully convicted of murder and subsequently incarcerated. It is hoped that this information is useful in the Commission’s consideration of possible improvements in the way criminal justice agencies and allied entities meet the needs of those who have been wrongfully convicted.

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The Professional Obligation to Raise Frivolous Issues in Death Penalty Cases

on 1 January 2003


2003


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Lawyers are generally familiar with the ethical rule forbidding frivolous arguments, principally because of sanctions imposed under rules of civil procedure for making such arguments. Not all lawyers are aware, however, of two ways in which the prohibitions of frivolous arguments are restricted in both the rules themselves and in their enforcement. First, the ethical rules have express limitations with respect to arguments made on behalf of criminal defendants, and courts are generally loath to sanction criminal defense lawyers. Second, the term “frivolous” is narrowed, even in civil cases, by the way it is defined and explained in the ethical rules and in court decisions.

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The Constitution in Crisis Pt 4

on 1 January 2007


2007


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Bryan Stevenson discusses criminal justice in the United States. He discusses the influence of race in the outcome of criminal justice cases and uses social statistics to give the listeners a broader view of why the US state prisons are comprised of more of one race or another. Between chapter 4 and 8 Stevenson discusses the seemingly inherent racial bias to the administration of capital punishment in the United States.

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

on 1 January 2002


2002


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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.

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Innocence Lost … and Found: An Introduction to The Faces of Wrongful Conviction Symposium Issue

on 1 January 2006


2006


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Each wrongful conviction signifies an acute failure of the criminal justice system, a loss of innocence for those of us who want to believe in its merits, each exoneration constitutes an affirmation of the system’s potential value – not so much in the sense that the post-conviction system “works” (given that it often does not) but that learning about the uniquely human details of individual exonerations serves as a powerful motivating force to revamp the process through which guilt or innocence is adjudicated. Our criminal justice system is changeable, its flaws possibly remediable, and it is this prospect of a revised, superior method of charging and trying those accused of crimes.

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A Penalty Without Legitimacy: The Mandatory Death Penalty in Trinidad and Tobago

on 1 January 2009


2009


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As a result of legal challenges, and in line with the trend worldwide, the mandatory death penalty has now been abolished in nine Caribbean countries and a discretion to impose a lesser sentence has been given to the judges of the Eastern Caribbean, Belize, Jamaica and the Bahamas. However, in relation to Trinidad & Tobago, in the case of Charles Matthew (Matthew v The State [2005] 1 AC 433), a majority of the Judicial Committee of the Privy Council decided – notwithstanding that the mandatory death penalty was cruel and unusual punishment in violation of entrenched fundamental freedoms and human rights established in the Constitution of Trinidad & Tobago – that it remained protected from constitutional challenge by the operation of the “savings clause” in the Constitution. As a result, Trinidad & Tobago remains one of only three Commonwealth Caribbean countries (Barbados and Guyana being the other two) that still retains the mandatory death penalty.

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Pathways to Justice: Implementing a Fair and Effective Remedy following Abolition of the Mandatory Death Penalty in Kenya

on 1 January 2019


2019


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This report draws on experiences in other jurisdictions where capital sentencing laws have been struck down or abolished, thereby generating the need for prisoners already unlawfully sentenced to death to be given substitute sentences. It delineates the ways in which other common law jurisdictions have addressed the practical and procedural challenges of resentencing following the abolition of the mandatory death penalty – navigating potential human rights infringements and ensuring that satisfactory requirements of due process are met. Resentencing procedures must also be scalable and practically accessible to the large number of individuals (thousands in the case of Kenya) entitled to relief.

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The Death Penalty in the OSCE Area: Background Paper 2019

on 1 January 2019



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Fifty-five (55) OSCE participating States have either completely abolished the death penalty or maintain moratoria on executions as an important first step towards abolition. However, in a global context where discussions focus on the threat of terrorism and a need to be tough on crime, it is perhaps not surprising that the question of reintroducing the death penalty surfaces at times, including in the OSCE region. It is, therefore, a good moment to reflect on the reasons why there is still support for the death penalty, considering the growing understanding that capital punishment is a cruel, inhuman and degrading punishment. Some of the most persistent arguments used to justify the use of the death penalty and its possible reintroduction will be discussed in the report.

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West Africa: Time to abolish the death penalty

on 1 January 2003


2003


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This doument summarizes each of the 16 ECOWAS countries’ legislation on the death penalty, provides information on the most recent executions and convictions and notes the view currently taken by the governments concerned. Two thirds have already abolished the death penalty

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The Death Penalty In 2018: Year End Report

on 1 January 2018


2018


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New death sentences and executions remained near historic lows in 2018 and a twentieth state abolished capital punishment, as public opinion polls, election results, legislative actions, and court decisions all reflected the continuing erosion of the death penalty across the country.

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Death penalty developments in 2005

on 1 January 2006


2006


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This document covers significant events concerning the death penalty during the year 2005. Two countries abolished the death penalty for all crimes, bringing to 86 the number of totally abolitionist countries at year end. Moratoria or suspensions of executions were being observed in several countries. At least 2,148 people were executed in 22 countries, and at least 5,186 were sentenced to death in 53 countries. Eight child offenders were executed in Iran. Other sections include significant judicial decisions; the use of the death penalty against child offenders and resumptions of executions.

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International Covenant on Civil and Political Rights

on 1 January 1966


1966


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Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

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Safeguards guaranteeing protection of the rights of those facing the death penalty

on 1 January 1984


1984


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Approved by Economic and Social Council resolution 1984/50 of 25 May 19841. In countries which have not abolished the death penalty, capital punishment may be imposed only for the most serious crimes, it being understood that their scope should not go beyond intentional crimes with lethal or other extremely grave consequences.

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Triggers for the abolition of the death penalty in Africa: a Southern African perspective

on 1 January 2017


2017


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In Africa, more than 80% of countries have abolished the death penalty in law or in practice, with only 10 countries executing within the past decade, said FIDH and DITSHWANELO in their joint study, “Triggers for the abolition of the death penalty in Africa: a Southern African perspective”.The 36 pages study identifies the triggers leading to the abolition of the death penalty in Africa. It was released simultaneously with a documentary called #Gambia has decided which shows the current abolitionist process experienced in The Gambia.

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Going backwards The death penalty in Southeast Asia

on 1 January 2016


2016


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Over the past year, Southeast Asia has witnessed significant setbacks with regard to the abolitionof the death penalty. Indonesia, Malaysia, and Singapore have all carried out executions. It isunknown whether any executions were carried out in Vietnam, where statistics on the deathpenalty continue to be classified as ‘state secrets.’ In the name of combating drug trafficking,Indonesian President Joko Widodo is rapidly becoming Southeast Asia’s top executioner. ThePhilippines, which effectively abolished the death penalty for all crimes in 2006, is consideringreinstating capital punishment as part of President Rodrigo Duterte’s ill-conceived and disastrous‘war on drugs.’

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The Death Penalty in 2020: Year-End Report

on 1 January 2020


2020


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2020 was abnormal in almost every way, and that was clearly the case when it came to capital punishment in the United States. The interplay of four forces shaped the U.S. death penalty landscape in 2020: the nation’s long-term trend away from capital punishment; the worst global pandemic in more than a century; nationwide protests for racial justice; and the historically aberrant conduct of the federal administration. At the end of the year, more states had abolished the death penalty or gone ten years without an execution, more counties had elected reform prosecutors who pledged never to seek the death penalty or to use it more sparingly; fewer new death sentences were imposed than in any prior year since the Supreme Court struck down U.S. death penalty laws in 1972; and despite a six-month spree of federal executions without parallel in the 20th or 21st centuries, fewer executions were carried out than in any year in nearly three decades.

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Pathways to abolition

on 1 January 2016


2016


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This report documents the processes by which 14 jurisdictions abolished the death penalty in law. The conclusions attempt to identify patterns and draw conclusions in the hope that they will provide ideas, insights and inspiration to countries that either already are on their path to abolition or yet have to embark on it.

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The death penalty wordwide: developments in 2004

on 1 January 2005


2005


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This document covers significant events concerning the death penalty during the year 2004. Five countries abolished the death penalty for all crimes, bringing to 84 the number of totally abolitionist countries at year end. Scores of death sentences were commuted in Malawi and Zambia, and moratoria or suspensions of executions were being observed in several other countries. Other subjects covered in this document include significant judicial decisions; the use of the death penalty against the innocent; resumptions of executions; and campaigning activities to promote abolition.

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Death sentences and executions in 2010

on 1 January 2011


2011


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In the last decade, more than 30 countries have abolished the death penalty in law or practice. Fifty-eight countries worldwide now retain the death penalty for ordinary crimes, and less than half of these carried out executions in 2010. This report analyzes some of the key developments in the worldwide application of the death penalty in 2010, citing figures gathered by Amnesty International on the number of death sentences handed down and executions carried out during the year.

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The International Library of Essays on Capital Punishment, Volume 3 : Policy and Governance

on 8 September 2020


2020


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This volume provides analyses of a range of subjects and issues in the death penalty debate, from medicine to the media. The essays address in particular the personal complexities of those involved, a fundamental part of the subject usually overridden by the theoretical and legal aspects of the debate. The unique personal vantage offered by this volume makes it essential reading for anyone interested in going beyond the removed theoretical understanding of the death penalty, to better comprehending its fundamental humanity. Additionally, the international range of the analysis, enabling disaggregation of country specific motivations, ensures the complexities of the death penalty are also considered from a global perspective.

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Capital Punishment: New Perspectives

on 1 January 2013


2013


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The authors argue that capital litigators should use their skills challenging the abuses not just of process, but of the conditions in which the condemned await their fate, namely prison conditions, education, leisure, visits, medical services, etc. In the aftermath of successful constitutional challenges it is the beneficiaries (arguably those who are considered successes, having been ‘saved’ from the death penalty and now serving living death penalties of one sort or another) who are suffering the cruel and inhumane alternative.Part I of the book offers a selection of diverse, nuanced examinations of death penalty phenomena, scrutinizing complexities frequently omitted from the narrative of academics and activists. It offers a challenging and comprehensive analysis of issues critical to the abolition debate. Part II offers examinations of countries usually absent from academic analysis to provide an understanding of the status of the debate locally, with opportunities for wider application.

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No Human Way to Kill

on 1 January 2009


2009


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‘No Human Way to Kill’ comprises an exhibition of twelve etchings produced by the Goldmark Atelier in 2007 and a 102 page book published by Seabrook Press in association with the Human Rights Centre at the Universtiy of Essex in 2009. The etchings were first displayed at the University of San Francisco in 2008 and the European Commission Gallery in 2009.

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Closing the Slaughterhouse

on 8 December 2022


2022


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On July 1, 2021, Virginia ended a 413-year tradition by abolishing the death penalty.
Many of those convicted from 1608 to 2017 deserved harsh punishment – but Virginia took harsh to a whole new level with its “finality over fairness” philosophy. Four hundred years of her racist, mob-driven capital punishment system ensnared many innocent and undeserving victims under the toxic guises of protecting white citizens or being “tough on crime.” So many of those killed by the state died with their guilt or innocence lost to history.
Virginia leads the nation with 1,390 executions. After a 1976 Supreme Court decision, Virginia institutionalized and streamlined the parade to the death chamber more efficiently than any other state, executing between 1976 and 2017 a breathtaking 73 percent of all who received death sentences. The national average is 16 percent.

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

on 1 January 2000


2000


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

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10 Steps to Writing a UPR Stakeholder Report

on 1 January 2014


2014


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This four-page document proposes a roadmap for organisations interested in submitting reports to the United Nations’ Universal Periodic Review of Human Rights.

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Foreign Nationals and the Death Penalty in the US

on 1 January 2013


2013


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New information on foreign nationals facing the death penalty in the U.S. is now available through Mark Warren of Human Rights Research. This DPIC page includes information on 143 foreign citizens from 37 countries on state and federal death rows.

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The Last Holdouts: Ending the Juvenile Death Penalty in Iran, Saudi Arabia, Sudan, Pakistan, and Yeman

on 1 January 2008


2008


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In this 20-page report, Human Rights Watch documents failures in law and practice that since January 2005 have resulted in 32 executions of juvenile offenders in five countries: Iran (26), Saudi Arabia (2), Sudan (2), Pakistan (1), and Yemen (1). The report also highlights cases of individuals recently executed or facing execution in the five countries, where well over 100 juvenile offenders are currently on death row, awaiting the outcome of a judicial appeal, or in some murder cases, the outcome of negotiations for pardons in exchange for financial compensation

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So Long as They Die: Lethal Injections in the United States

on 1 January 2006


2006


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This 65-page report reveals the slipshod history of executions by lethal injection, using a protocol created three decades ago with no scientific research, nor modern adaptation, and still unchanged today. As the prisoner lies strapped to a gurney, a series of three drugs is injected into his vein by executioners hidden behind a wall. A massive dose of sodium thiopental, an anesthetic, is injected first, followed by pancuronium bromide, which paralyzes voluntary muscles, but leaves the prisoner fully conscious and able to experience pain. A third drug, potassium chloride, quickly causes cardiac arrest, but the drug is so painful that veterinarian guidelines prohibit its use unless a veterinarian first ensures that the pet to be put down is deeply unconscious. No such precaution is taken for prisoners being executed.

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The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes, January 1, 1973 – February 28, 2005

on 8 September 2020


2020


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This is Issue #77, the final issue of these periodic reports, having first been launched on June 15, 1984. On that date, the death penalty for juvenile offenders (defined as those under age 18 at the time of their crimes) was an obscure issue in law as well as in political and social arenas. During the last twenty-one years, these reports have been with us (1) through the intense litigation of the late 1980s, (2) through our society’s near hysteria about violent juvenile crime in the 1990s, (3) into the era of the international pressure on the United States to abandon this practice, and (4) now at the end of this practice. The validity and influence of these reports is indicated by thecitations to them in the opinions of leading courts, including the United States Supreme Court: Roper v. Simmons, 125 S.Ct. 1183, 1192, 1193, 1210, 1211, 1221 (2005); In re Stanford, 537 U.S. 968, 971 (2002); and Stanford v. Kentucky, 492 U.S. 361, 373 (1989). In the litigation leading up to the final juvenile death penalty case before the United States Supreme Court (Roper v. Simmons, 125 S.Ct. 1183 (2005)), the Missouri Supreme Court majority opinion included 12 citations to these reports: See Simmons v. Roper, 112 S.W.3d 397, 408, 409, 411 (Mo. 2003). This final issue of this periodic report is intended to document the status of the death penalty for juvenile offenders as ofthe day before the United States Supreme Court held this practice to be unconstitutional. These reports sketch the characteristics of the juvenile offenders and their crimes who have been sentenced to death, who have been executed, and who are currently under death sentences. —- See bottom left hand corner of web page.

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The Prevalence and Potential Causes of Wrongful Conviction by Fingerprint Evidence.

on 1 January 2006


2006


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As the number of post-conviction DNA exonerations mounted and the Innocence Project undertook to treat these exonerations as a data set indicating the principal causes of wrongful conviction, the absence of fingerprint cases in that data set could have been interpreted as soft evidence that latent print evidence was unlikely to contribute to wrongful convictions. That situation changed in 2004 when Stephan Cowans became the first – and thus far the only – person to be exonerated by DNA evidence for a wrongful conviction in which fingerprint evidence was a contributing factor. Cowans’s wrongful conviction in Boston in 1997 for the attempted murder of a police officer was based almost solely on eyewitness identification and latent print evidence. The Cowans case not only provided dramatic additional support for the already established proposition that wrongful conviction by fingerprint was possible, it also demonstrated why the exposure of such cases, when they do occur, is exceedingly unlikely. These points have already been made in a comprehensive 2005 study of exposed cases of latent print misattributions. In this article, I discuss some additional things that we have learned about the prevalence and potential causes of wrongful conviction by fingerprint in the short time since the publication of that study.

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Religion and the Death Penalty

on 8 September 2020


2020


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In recent years, a growing number of religious organizations have participated in the nation’s death penalty debate. The purpose of this Web page is to provide access to information regarding the efforts of these faith groups and to highlight recent developments related to religion and the death penalty.

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Death Penalty and Deterrence

on 8 September 2020



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An argument against deterrence is made by looking at a survey which found that during the last 20 years, the homicide rate in states with the death penalty has been 48 to 101 percent higher than in states without the death penalty.

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Death Penalty and Arbitrariness

on 8 September 2020



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This sheet details the factors which contribute to the arbitrariness of the death penalty in the USA.

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Death Penalty and Race

on 8 September 2020



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From initial charging decisions to plea bargaining to jury sentencing, African-Americans are treated more harshly when they are defendants, and their lives are accorded less value when they are victims.

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Death Penalty Cost

on 8 September 2020



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This factsheet deals with the cost of the death penalty in the United States using figures from a study conducted by the Californian Commission on the Fair Administration of Justice.

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Death Penalty and Mental Illness

on 1 January 2013


2013


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The execution of those with mental illness or “the insane” is clearly prohibited by international law. Virtually every country in the world prohibits the execution of people with mental illness. This webpage explores international law and the death penalty in relation to the USA.

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Death Penalty and Innocence

on 8 September 2020


2020


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This webpage talks about innocence and the death penalty: Examples of innocence in three cases in the United States and factors leading to wrongful conviction.

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Death Penalty Trends

on 1 January 2013


2013


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This sheet speaks about the trend towards abolition of the death penalty, aswell as declining public support for it.

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The Death Penalty: The Ultimate Punishment

on 1 January 2008


2008


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Campaigning toolkit published by Amnesty International. A 16-page detailed advocacy document explaining why the abolition of the death penalty is necessary and how the theories behind capital punishment get it wrong.

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