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Document(s)

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

By Simon A. Cole / Golden Gate University Law Review, on 1 January 2006


2006

Article

United States


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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.

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

Document(s)

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

By Illinois Criminal Justice Information Authority's Research & Analysis Unit / Northwestern University School of Law, on 1 January 2002


2002

Working with...


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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.

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

Document(s)

Arcs of Global Justice

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


2018

Book


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

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

Document(s)

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

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


2020

Book


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

Document(s)

Death Penalty in India: 2018 Annual Statistics Report

By Project 39A, on 1 January 2019


2019

NGO report


More details See the document

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

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

Document(s)

Capital Punishment Views in China and the United States: A Preliminary Study Among College Students

By Eric G. Lambert / International Journal of Offender Therapy and Comparative Criminology / Shanhe Jiang, on 1 January 2007


2007

Article

China


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There is a lack of research on attitudes toward capital punishment in China, and there is even less research on cross-national comparisons of capital punishment views. Using data recently collected from college students in the United States and China, this study finds that U.S. and Chinese students have differences in their views on the death penalty and its functions of deterrence, rehabilitation, and incapacitation. This study also reveals that the respondents’ perspectives of deterrence, rehabilitation, retribution, and incapacitation all affect their attitudes toward the death penalty in the United States, whereas only the first three views affect attitudes toward capital punishment in China. Furthermore, retribution is the strongest predictor in the United States, whereas deterrence is the strongest predictor in China.

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

Document(s)

DO EXECUTIONS LOWER HOMICIDE RATES?: THE VIEWS OF LEADING CRIMINOLOGISTS*

By Michael L. Radelet / Tracy Lacock / The journal of criminal law and criminology, on 1 January 2009


2009

Article


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This study is about the question of whether the death penalty is a more effective deterrent than long-term imprisonment has been debated for decades or longer by scholars, policy makers, and the general public. In this Article the authors report results from a survey of the world’s leading criminologists that asked their expert opinions on whether the empirical research supports the contention that the death penalty is a superior deterrent.

  • Document type Article
  • Themes list Deterrence ,

Document(s)

The Peculiar Forms of American Capital Punishment

By David Garland / Social Research: An International Quarterly, on 1 January 2007


2007

Article

United States


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There are two puzzles that confront observers of American capital punishment at the start of the 21st century. One concerns the legal and administrative arrangements through which it is enacted, which strike many commentators as irrational, or at least poorly adapted to the traditional ends of criminal justice. The other concerns the persistence of capital punishment in the USA in a period when comparable nations have decisively abandoned its use. In this essay, I will address both of these two questions, beginning with the first and offering conclusions that bear upon the second.The historical struggles around issues of capital punishment, structured as they have been by the American polity with its distinctive mix of federalism, sectionalism, and democratic populism, form the necessary basis for understanding the American present and for comparing America’s current practices with those of other western nations. Any explanation of American capital punishment ought to begin by focusing attention on these structures and these struggles.

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

Document(s)

Death by Design: Capital Punishment As a Social Psychological System

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


2005

Book

United States


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In Death by Design, research psychologist Craig Haney argues that capital punishment, and particularly the sequence of events that lead to death sentencing itself, is maintained through a complex and elaborate social psychological system that distance and disengage us from the true nature of the task. Relying heavily on his own research and that of other social scientists, Haney suggests that these social psychological forces enable persons to engage in behavior from which many of them otherwise would refrain. However, by facilitating death sentencing in these ways, this inter-related set of social psychological forces also undermines the reliability and authenticity of the process, and compromises the fairness of its outcomes. Because these social psychological forces are systemic in nature –built into the very system of death sentencing itself –Haney concludes by suggesting a number of inter-locking reforms, derived directly from empirical research on capital punishment, that are needed to increase the fairness and reliability of the process.

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

Document(s)

DPIC Study Finds No Evidence that Death Penalty Deters Murder or Protects Police

By Death Penalty Information Center, on 1 January 2017


2017

Article

United States


More details See the document
  • Document type Article
  • Countries list United States
  • Themes list Deterrence , Member organizations, Death Penalty,

Document(s)

Death Penalty Laws in states

By Capital Punishment in Context, on 8 September 2020


2020

Working with...


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This document provides state by state information in the United States regarding laws that govern the death penalty.

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

Document(s)

Annual Report: Death Penalty in Iran 2012

By Iran Human Rights (IHR), on 1 January 2013


2013

Article

Iran (Islamic Republic of)

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Document(s)

Activity Report 2014

By World Coalition Against the Death Penalty, on 1 January 2015


2015

NGO report


More details Download [ pdf - 772 Ko ]

The 2014 Activity Report displays the overall situation of the death penalty in different geographical areas of the world: Africa, Middle East and North Africa, Asia-Pacific, Americas and Europe. The report shows the developments, as well as the challenges, in the struggle against the death penalty. Finally, it presents the new strategies that the World Coalition against the Death Penalty is going to develop in the next years.

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

Document(s)

Death Sentencing in Black and White: An Empirical Analysis of the Role of Jurors’ Race and Jury Racial Composition

By William J. Bowers / Marla Sandys / Benjamin D. Steiner / University of Pennsylvania Journal of Constitutional Law, on 1 January 2001


2001

Article

United States


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Do black jurors view a crime or its appropriate punishment differently than their white counterparts? Are their perspectives influenced by the race of the defendant or victim? Are blacks on white-dominated capital juries intimidated or coerced into voting for the death penalty?

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

Document(s)

Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston

By United Nations / Philip Alston, on 1 January 2007


2007

International law - United Nations

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In addition to reporting on the principal initiatives undertaken in 2006 to address the scourge of extrajudicial executions around the world, this report focuses on four issues of particular importance: (a) the mandate of the Special Rapporteur in armed conflicts; (b) “mercy killings” in armed conflict; (c) the “most serious crimes” for which the death penalty may be imposed; and (d) the international law status of the mandatory death penalty.

Document(s)

How the European Union Works: Your guide to the EU institutions

By European Union, on 1 January 2007


Working with...

fres
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The European Union (EU) is a family of democratic European countries working together to improve life for their citizens and to build a better world. The following chapters describe the Treaties, the EU institutions and the other bodies and agencies, explaining what each entity does and how they interact.

Document(s)

Just Mercy film discussion – Florida International University College of Law (Webinar)

By Fiona Kidman, on 8 September 2020


2020

Multimedia content

United States


More details Download [ pdf - 232 Ko ]

Just Mercy film discussion and reflections on racism in the US criminal justice system, scheduled on 22 July 2020.

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

Document(s)

Indonesian : Kejaksaan Agung Kembali Akan Laksanakan Hukuman Mati

By Coalition for the Abolition of Death Penalty in ASEAN (CADPA), on 8 September 2020


Multimedia content

Indonesia


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Mengemukanya rencana kejagung untuk melaksanakan hukuman mati jilid ketiga mau tak mau memunculkan pro kontranya kembali.

  • Document type Multimedia content
  • Countries list Indonesia
  • Themes list Public opinion, Public debate, Country/Regional profiles,

Document(s)

Just Punishment

By Kim Beamish / Liz Burke Films, on 1 January 2006


2006

Multimedia content

Australia


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In December 2005 Van Nguyen, a 24 year-old Australian, was hanged by the state of Singapore for heroin trafficking. Filmed across two years, ‘Just Punishment’ tells the remarkable story behind the fight to save his life.

  • Document type Multimedia content
  • Countries list Australia
  • Themes list Foreign Nationals,

Document(s)

How Families of Murder Victims Feel Following the Execution of Their Loved One’s Murderer: A Content Analysis of Newspaper Reports of Executions from 2006-2011

By Journal of Qualitative Criminal Justice and Criminology, on 1 January 2013


2013

Working with...


More details See the document

By Corey Burton and Richard Tewksbury

  • Document type Working with...
  • Themes list Public debate, Murder Victims' Families, Death Penalty, Country/Regional profiles,

Document(s)

Executing the Mentally Ill: When Is someone Sane Enough to Die?

By Michael Mello / Criminal Justice, on 1 January 2007


2007

Article

United States


More details See the document

Mental illness is a phenomenon that knifes across the entire corpus of our criminal justice system. From interrogations and waivers of Miranda rights, to consent to searches and seizures, to plea negotiations and the capacity to stand trial, to calculating sentences and participating in appellate and postconviction proceedings, mental illness warps the machinery of our criminal law and challenges its most cherished assumptions about free will, decisional competence, and culpability. This is so regardless of whether or not life hangs in the balance. But when the stakes are life and death, the structural distortions caused by mental illness become magnified, and the contradictions can rise to constitutional magnitude.

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

Document(s)

Sentenced to oblivion. Fact-finding mission on death row. Cameroon

By Ensemble contre la peine de mort (ECPM) / Nestor Toko / Carole Berrih, on 8 September 2020


2020

NGO report

fr
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The report “Sentenced to oblivion. Fact-finding mission on death row. Cameroon”, which was officially launched on 21 June at the Delegation of the European Union from Yaoundé to Cameroon, is the result of an unprecedented fact-finding mission, conducted from May to October 2018 in five Cameroonian prisons by the Cameroonian Lawyers’ Network against the Death Penalty (Racopem) and the association ECPM (Ensemble contre la peine de mort).

Document(s)

EU Policy on Death Penalty

By Council of Europe, on 1 January 2014


2014

Arguments against the death penalty


More details See the document

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

  • Document type Arguments against the death penalty

Document(s)

Compensating the Wrongfully Convicted

By The Innocence Project, on 1 January 2012


2012

Working with...


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Those proven to have been wrongfully convicted through postconviction DNA testing spend, on average, 12 years behind bars. The agony of prison life and the complete loss of freedom are only compounded by the feelings of what might have been, but for the wrongful conviction. Deprived for years of family and friends and the ability to establish oneself professionally, the nightmare does not end upon release. With no money, housing, transportation, health services or insurance, and a criminal record that is rarely cleared despite innocence, the punishment lingers long after innocence has been proven. States have a responsibility to restore the lives of the wrongfully convicted to the best of their abilities. This document describes how a state can try to recompensate an exonerated person.

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

Document(s)

Death Penalty in India: Annual Statistics Report 2017

By NLU Delhi , on 1 January 2017


2017

NGO report


More details See the document
  • Document type NGO report
  • Themes list Death Row Conditions, Legal Representation, Death Penalty, Statistics,

Document(s)

Stephen Bright v. Death Penalty

By Moblogic TV / YouTube, on 1 January 2008


2008

Arguments against the death penalty


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Renowned capital defense attorney Stephen Bright discusses the death penalty in light of recent Supreme Court decisions.

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

Document(s)

Death Penalty – Mistake (Leonel Herrera)

By Amnesty International / YouTube, on 8 September 2020


2020

Academic report

United States

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

Document(s)

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


NGO report

United States


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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)

A Matter of Life and Death: The Effect of Life Without-Parole Statutes on Capital Punishment

By Harvard Law Review, on 1 January 2006


2006

Article

United States


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Activists have embraced the life-without-parole alternative because the availability of parole is often a key factor for jurors deciding whether of not to impose a sentence of life or death.

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

Document(s)

The Last Verdict

By Jamie Arpin-Ricci, on 1 January 2016


2016

Book

Canada


More details See the document

What would you do if your child was murdered?
What would you do if your child was convicted of murder?

Alice Goodman has known great loss. Since the brutal murder of her daughter Madeline decades earlier, she has tirelessly fought to see the killer pay for his crime. Now, after twenty years, the day has arrived that she will witness his long-delayed execution. Will justice finally be done? Will she finally find the peace that has long eluded to her?

Lori Williams knows she was not the perfect mother, but she never believed her son Mark could be guilty of the crime that placed him on death row. Confronting every challenge along the way, she refused to give up her pursuit of the truth—a truth she believed would set her son free. Will it be enough?

Both women are fighting for a justice they believe has been denied their children. Now, their lives are on a collision course with each other. Is either woman prepared for the truth?

  • Document type Book
  • Countries list Canada
  • Themes list Right to life, Clemency, Death Penalty,

Document(s)

Poster World Day 2003

By World Coalition against the death penalty , on 10 October 2003


2003

Campaigning

Trend Towards Abolition


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Poster for the world day against the death penalty 2003

  • Document type Campaigning
  • Themes list Trend Towards Abolition

Document(s)

on 1 January 2020


2020

Book

India


More details See the document

In Abolishing the Death Penalty: Why India Should Say No to Capital Punishment, Gopalkrishna Gandhi asks fundamental questions about the death penalty. Is taking another life a just punishment or an act as inhuman as the crime that triggered it? Does having capital punishment in the law books deter crime? His conclusions are unequivocal: Cruel in its operation, ineffectual as deterrence, unequal in its application in an uneven society, liable like any punishment to be in error but incorrigibly so, these grievous flaws that are intrinsic to the death penalty are compounded by yet another—it leaves the need for retribution unrequited and simply makes society more bloodthirsty.Examining capital punishment around the world from the time of Socrates onwards, the author delves into how the penalty was applied in India during the times of Asoka, Sikandar Lodi, Krishnadevaraya, the Peshwas and the British Raj, and how it works today.

  • Document type Book
  • Countries list India
  • Themes list Public debate, Deterrence , Trend Towards Abolition, Right to life, Death Penalty, Country/Regional profiles,

Document(s)

Mobilization Kit World Day 2021

By World Coalition Against the Death Penalty, on 10 June 2021


2021

Campaigning

Women

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The World Day Against the Death Penalty is aimed at political leaders and public opinion in both retentionist and abolitionist countries.

For the 19th year in a row, the World Coalition Against the Death Penalty is calling for local initiatives and world-wide actions that shine a spotlight on the abolition of the death penalty.

The goal of this Mobilization Kit is to inform of this year’s objectives as well provide ideas of activities that boost the global abolitionist goal. This year the World Day is dedicated to women who risk being sentenced to death, who have received a death sentence, who have been executed, and to those who have had their death sentences commuted, have been exonerated or pardoned.

Document(s)

Factsheet for the Media

By World Coalition Against the Death Penalty, on 1 January 2018


2018

Working with...

fr
More details Download [ pdf - 390 Ko ]

Factsheet for the media – World Day Against the Death Penalty 2018.

  • Document type Working with...
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Conditions, Death Row Phenomenon, World Coalition Against the Death Penalty, Death Penalty,
  • Available languages Fiche pratique pour les médias

Document(s)

A Comparative Analysis of Capital Punishment: Statutes, Policies, Frequencies, and Public Attitudes the World Over

By Dagny Dlaskovich / Rita Simon / Lexington Books, on 1 January 2002


2002

Book


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A Comparative Analysis of Capital Punishment provides a concise and detailed history of the death penalty. Incorporating and synthesizing public opinion data and empirical studies, Simon and Blaskovich’s work compares, across societies, the types of offenses punishable by death, the level of public support for the death penalty, the forms the penalty takes, and the categories of persons exempt from punishment.

  • Document type Book
  • Themes list Public opinion,

Document(s)

Darlie Lynn (song)

By YouTube / Indie Pirate Shop, on 1 January 2019


2019

Multimedia content

United States


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Darlie was convicted and sentenced to death for a crime she did not commit. Ever since that conviction, new attorneys have been working to obtain a new trial and establish her innocence.This story is a tragic one, but it is not finished yet.Song performed and recorded by Indie Pirate Shop.

  • Document type Multimedia content
  • Countries list United States
  • Themes list Women,

Document(s)

Clemency

By Chinonye Chukwu, on 1 January 2019


Multimedia content

United States


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Bernadine Williams, a prison guard, still has to drive an inmate through Death Row. Little by little, his work becomes unbearable.

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

Document(s)

Innocence Case: Matt Ruskin

By Death Penalty Focus, on 1 January 2017


2017

Multimedia content

United States


More details See the document
  • Document type Multimedia content
  • Countries list United States

Document(s)

Italian : Poster – 14° Giornata mondiale contro la Pena di morte

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


2020

Multimedia content

enenfaruzh-hantzh-hantesfr
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Document(s)

German : Poster – 15. Welttag gegen die Todesstrafe

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


Multimedia content

enenfaruzh-hantzh-hantfres
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Document(s)

Italian : Poster – 15° Giornata mondiale contro la Pena di morte

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


Multimedia content

enenfaruzh-hantzh-hantfres
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Document(s)

German : Poster – 14. Welttag gegen die Todesstrafe

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


Multimedia content

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Document(s)

German : Poster – 13° Welttag gegen die Todesstrafe

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


Multimedia content

enenfaruzh-hantesfr
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Document(s)

Italian : Poster – 13° Giornata mondiale

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


Multimedia content

enenfaruzh-hantesfr
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Poster – 13° Giornata mondiale contro la Pena di morte: La pena di morte non uccide il traffico di droga

Document(s)

Female executions 2000 to date

By Capital Punishment U.K., on 1 January 2015


2015

Multimedia content


More details See the document

Listing of women executed worldwide reported per year, between 2000 and 2015. The majority have been hanged or beheaded, whilst others have been shot or executed by lethal injection. Two have suffered electrocution in America and at least five have been stoned to death in Afghanistan, Iran and Somalia.

  • Document type Multimedia content
  • Themes list Women,

Document(s)

The International Library of Essays on Capital Punishment, Volume 1 : Justice and Legal Issues

By Peter Hodgkinson / Ashgate Publishing, on 8 September 2020


2020

Book


More details See the document

This volume provides up-to-date and nuanced analysis across a wide spectrum of capital punishment issues. The essays move beyond the conventional legal approach and propose fresh perspectives, including a unique critique of the abolition sector. Written by a range of leading experts with diverse geographical, methodological and conceptual approaches, the essays in this volume challenge received wisdom and embrace a holistic understanding of capital punishment based on practical experience and empirical data. This collection is indispensable reading for anyone seeking a comprehensive and detailed understanding of the complexity of the death penalty discourse.

  • Document type Book
  • Themes list Death Penalty,

Document(s)

The International Library of Essays on Capital Punishment, Volume 2 : Abolition and Alternatives to Capital Punishment

By Peter Hodgkinson / Ashgate Publishing, on 8 September 2020


Book


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The essays selected for this volume develop conventional abolition discourse and explore the conceptual framework through which abolition is understood and posited. Of particular interest is the attention given to an integral but often forgotten element of the abolition debate: alternatives to capital punishment. The volume also provides an account of strategies employed by the abolition community which challenges tired methodologies and offers a level of transparency previously unseen. This collection tackles complex but fundamental components of the capital punishment debate using empirical data and expert observations and is essential reading for those wishing to comprehend the fundamental issues which underpin capital punishment discourse.

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

Document(s)

Showing Remorse: Reflections on the Gap between Expression and Attribution in Cases of Wrongful Conviction

By Richard Weisman / Canadian Journal of Criminology and Criminal Justice, on 1 January 2004


2004

Article

Canada


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This paper seeks first to show that persons who are convicted of crimes can be perceived as either remorseful or as lacking in remorse. This division establishes a moral hierarchy that has profound implications for the characterization and disposition of persons who are so designated. Second, using both Canadian and American cases, it looks at how inclusion in the category of the unremorseful affects the characterization and disposition of those who have been wrongfully convicted. Finally, it suggests that remorse is a major site of conflict between persons who are wrongfully convicted and officials within the criminal justice system, conflict that involves the use of institutional pressure to encourage the expression of remorse, on the one hand, and the mobilization of individual resources to resist those expressions.

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

Document(s)

Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate

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


2007

Article

United States


More details See the document

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

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

Document(s)

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)

Exonerations in the United States 1989 Through 2003

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


2005

Article

United States


More details See the document

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

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

Document(s)

Up the River Without a Procedure: Innocent Prisoners and Newly Discovered Non-DNA Evidence in State Courts.

By Daniel Medwed / Arizona Law Review, on 1 January 2005


Article

United States


More details See the document

This Article aims to provide an examination: An analysis of the state procedures that prisoners may employ after trial to litigate innocence claims grounded on newly discovered non-DNA evidence. Ultimately, the result of this examination is far from sanguine. Little-altered in decades beyond the trend toward recognizing the benefits of DNA testing, the structure of most state procedures means that a prisoner’s quest for justice may turn on the fortuity that a biological sample was left at the crime scene and preserved over time. The fact that DNA testing provides a modicum of certainty to an innocence claim does not imply that claims lacking the possibility of such certainty are spurious; on the contrary, DNA has unearthed holes in the criminal justice system, holes that are likely also prevalent in cases without biological evidence.

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

Document(s)

How to answer the deterrence argument

By World Coalition Against the Death Penalty, on 1 January 2015


2015

Arguments against the death penalty

fr
More details Download [ pdf - 1642 Ko ]

It was created to help all abolitionists answer the deterrent argument. It gives a definition of the deterrent theory, concrete reasons why academic studies have failed to prove the deterrent effect of the death penalty and compares figures about criminal rates in relation to abolition. It does not provide simple and easy answers, but explain, step by step, what to answer to those who believe that the death penalty has a deterrent effect.

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)

3 questions to Susan Kigula, former death row prisoner

By Ensemble contre la peine de mort (ECPM), on 1 January 2018


2018

Working with...


More details See the document

Sentenced to death in Uganda for murder, Susan Kigula never stopped to claim her innocence. Creator of a death row inmates’ choir and law graduate from the University of London, she finally obtained her release after 15 years in prison. In Uganda, she became a real symbol of the fight against the death penalty. She continues the fight with us, and created the Susan Kigula African Child Foundation.

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

Document(s)

The Condemned

By The Intercept, on 1 January 2019


2019

International law - Regional body


More details See the document

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

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

Document(s)

China: Death penalty log in 1999

By Amnesty International, on 1 January 2000


2000

NGO report


More details See the document

The attached Log gives available details of death sentences and executions occurring in China throughout 1999.

  • Document type NGO report
  • Themes list Statistics,

Document(s)

The cultural lives of capital punishment: comparative perspectives

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


2005

Book

China


More details See the document

They undertake this “cultural voyage” comparatively—examining the dynamics of the death penalty in Mexico, the United States, Poland, Kyrgyzstan, India, Israel, Palestine, Japan, China, Singapore, and South Korea—arguing that we need to look beyond the United States to see how capital punishment “lives” or “dies” in the rest of the world, how images of state killing are produced and consumed elsewhere, and how they are reflected, back and forth, in the emerging international judicial and political discourse on the penalty of death and its abolition.

  • Document type Book
  • Countries list China
  • Themes list Networks,

Document(s)

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

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


2020

NGO report

Afghanistan


More details See the document

The report covers the period from January to December 2010, though some key events in early 2011 have also been included. It highlights the important progressbeing made, serious concerns that we have, and what we are doing to promote our values around the world. It will rightly be studied closely by Parliament, NGOs and the wider public. There is a chapter dedicated to the death penalty, as well as 2010 figures on the death penalty in target countries.

  • Document type NGO report
  • Countries list Afghanistan
  • Themes list Networks,

Document(s)

Clemency Procedures in Death Penalty States

By Capital Punishment in Context, on 8 September 2020


Working with...


More details See the document

This file is relevant to the US, giving a list of states where governors can grant clemency, where the governor must have recommendations of clemency and where governors recieve a non-binding recommendation of clemency.

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

Document(s)

The ‘Mumia Exception’

By Free Mumia Abul Jamal Coalition (NYC), on 1 January 2009


2009

Legal Representation


More details See the document

In 1981, Mumia worked as a cab driver at night to supplement his income. On December 9th he was driving his cab through the red light district of downtown Philadelphia at around 4 a.m. Mumia testifies that he let off a fare and parked near the corner of 13th and Locust Streets. Upon hearing gunshots, he turned and saw his brother, William Cook, staggering in the street. Mumia exited the cab and ran to the scene, where he was shot by a uniformed police officer and fell to the ground, fading in and out of consciousness. Within minutes, police arrived on the scene to find Officer Faulkner and Mumia shot; Faulkner died. Mumia was arrested, savagely beaten, thrown into a paddy wagon and driven to a hospital a few blocks away (suspiciously, it took over 30 minutes to arrive at the hospital). The trial began in 1982 with Judge Sabo (who sent more people to death row than any other judge) presiding. Mumia wished to represent himself and have John Africa as his legal advisor, but before jury selection had finished, this right was revoked and an attorney was forcibly appointed for him. Throughout the trial, Mumia was accused of disrupting court proceedings and was not allowed to attend most of his own trial.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Executing the Insane: The Story of Scott Panetti

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


2007

Legal Representation


More details See the document

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

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Poster World Day 2004

By World Coalition against the death penalty , on 10 October 2004


2004

Campaigning

Trend Towards Abolition

esfr
More details Download [ pdf - 17 Ko ]

Poster world day against the death penalty 2004

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)

Death sentences and executions 2013

By Amnesty International, on 1 January 2014


2014

NGO report

arfarufres
More details See the document

This report covers the judicial use of the death penalty for the period January to December 2013. Amnesty International records figures on the use of the death penalty based on the best available information.

Document(s)

Stakeholder report for Iraq UPR

By World Coalition Against the Death Penalty / The Advocates for Human Rights / Iraqi Coalition Against the Death Penalty, on 1 January 2014


NGO report


More details See the document

The Advocates for Human Rights, in collaboration with the World Coalition Against the Death Penalty and the Iraqi Coalition Against the Death Penalty, submitted a joint stakeholder report to the U.N. Human Rights Council for its October-November 2014 Universal Periodic Review of Iraq. This submission describes Iraq’s international human rights obligations with regard to its use of the death penalty.

  • Document type NGO report
  • Themes list Minorities, Due Process , Fair Trial, International law, Transparency, Torture, Discrimination, Legal Representation, Most Serious Crimes, Hanging, Death Penalty, Statistics, Country/Regional profiles,

Document(s)

The most important facts in 2000

By HANDS OFF CAIN, on 1 January 2000


2000

NGO report

en
More details See the document

This is the fourth consecutive year that Hands off Cain is publishing its report on the death penalty. The events registered in 2000 reveal a positive trend towards abolition.As of 31/12/2000, there were 123 abolitionist countries of various types: 77 were fully abolitionist, 12 were abolitionist for ordinary crimes, 30 were de facto abolitionist (they haven´t carried out a death sentence in at least ten years), 2 were engaged in abolishing the death penalty as members of the Council of Europe, 2 had a legal moratoria on executions. Seventy three states retained the death penalty.

Document(s)

The Last Defense

By Death Penalty Information Center / Viola Davis / Julius Tennon, on 1 January 2018


2018

Working with...


More details See the document

The Last Defense is a new documentary series premiering for the first time at the 2018 Tribeca Film Festival on April 27. The seven-episode documentary series exposes flaws in the U.S. justice system through the personal narratives of death row prisoners Darlie Routier and Julius Jones, both whom maintain their innocence.

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

Document(s)

International Affairs Forum. Capital Punishment Around the World

By Center for International Relations, on 1 January 2015


2015

International law - Regional body


More details See the document

The summer issue of International Foreign Affaires focuses on the topic of capital punishment around the world. It collects articles and interviews dealing with the issues of death penalty, the path towards abolition, and the situation of capital punishment in the world.

  • Document type International law - Regional body
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Conditions, Death Penalty,

Document(s)

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

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


2020

Article

United States


More details See the document

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

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

Document(s)

THE MOST IMPORTANT FACTS IN BRIEF 2004 (and up to September 15, 2005)

By HANDS OFF CAIN, on 1 January 2005


2005

NGO report

enfr
More details See the document

The worldwide situation to date: The worldwide trend towards abolition, underway for at least a decade, was again confirmed in 2004 and the first half of 2005. There are currently 138 countries that to different extents have decided to renounce the death penalty. Of these: 86 are totally abolitionist; 11 are abolitionist for ordinary crimes; 1 (Russia) is committed to abolishing the death penalty as a member of the Council of Europe and currently observing a moratorium on executions; 5 have a moratorium on executions in place and 35 are de facto abolitionist (i.e. no executions have taken place in those countries for at least ten years). Since the beginning of 2004, 3 countries have passed from retention to an extent of abolition, whereas 5 countries have advanced within the categories of the abolitionist group.

Document(s)

USA: The execution of mentally ill offenders

By Amnesty International, on 1 January 2006


2006

NGO report


More details See the document

More than 1,000 men and women have been put to death in the USA since executions resumed there in 1977. Dozens of these people had histories of mental impairment, either from before the crimes for which they were sentenced, or at the time of their execution. The report discusses many cases and includes an illustrative list of 100 people. It does not attempt to answer the complex question of precisely which defendants should be exempt from the death penalty on the grounds of mental illness at the time of the crime.

  • Document type NGO report
  • Themes list Mental Illness, Intellectual Disability,

Document(s)

Stuck in the Dark Ages: Supreme Court Decision Making and Legal Developments

By James R.P. Ogloff / Psychology, Public Policy and Law / Sonia R. Chopra, on 1 January 2004


2004

Article

United States


More details See the document

In the latter quarter of the 20th century, the United States Supreme Court has generally refused to narrow the procedural and substantive conditions under which adults may be sentenced to death for capital murder. The current status of social science evidence is briefly reviewed to evaluate the Court’s treatment of 3 specific categories of evidence: The death-qualified jury, prejudicial capital sentencing, and juror comprehension of capital-sentencing instructions. The role of perceptions of public opinion in the perseverance of capital punishment statutes is considered. It appears that the Court, in general, does not place much weight on social science evidence. Suggestions are made for future areas of research and practice for social scientists interested in capital punishment.

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

Document(s)

A New Profession for an Old Need: Why a Mitigation Specialist Must be Included on the Capital Defense Team

By Pamela Blume Leonard / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

The fundamental task of the mitigation specialist is to conduct a comprehensive social history of the defendant and identify all relevant mitigation issues. The 2003 revised edition of the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases recognizes the mitigation specialist as an “indispensable member of the defense team throughout all capital proceedings.” What are the particular responsibilities and contributions of a mitigation specialist and what makes them so essential to the capital defense team as to warrant this long overdue recognition by the ABA Guidelines?

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

Document(s)

Working with the United Nations Human Rights Programme: A Handbook for Civil Society

By United Nations, on 1 January 2008


2008

Working with...

rufrzh-hantes
More details See the document

Working with the United Nations Human Rights Programme: A Handbook for Civil Society is addressed to the civil society actors who, every day in every part of the world, contribute to the promotion, protection and advancement of human rights. Developed following a survey among users of the first edition of the Handbook—Working with the Office of the United Nations High Commissioner for Human Rights: A Handbook for NGOs (2006)—this comprehensively updated and revised second edition puts United Nations human rights bodies and mechanisms at its centre. Speaking to all civil society actors, including but not only non-governmental organizations (NGOs), the Handbook explains how civil society can engage with various United Nations human rights bodies and mechanisms. It is the hope of the Office of the United Nations High Commissioner for Human Rights (OHCHR) that this Handbook will enable more people to enjoy and make claim to their human rights through these bodies and mechanisms.

Document(s)

The Court in Brief (the European Court of Human Rights)

By Council of Europe, on 1 January 2011


2011

Working with...

enfr
More details See the document

The European Court of Human Rights is an international court set up in 1959. It rules on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. Since 1998 it has sat as a full-time court and individuals can apply to it directly.

Document(s)

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

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


2001

Article

United States


More details See the document

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

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

Document(s)

Paradise Lost: Purgatory

By Bruce Sinofsky / Joe Berlinger / HBO documentaries, on 1 January 2011


2011

Multimedia content

United States


More details See the document

Joe Berlinger’s third film about the West Memphis 3, Paradise Lost: Purgatory

  • Document type Multimedia content
  • Countries list United States
  • Themes list Innocence,

Document(s)

Joint Statement of UN Independent Experts

By Ensemble contre la peine de mort (ECPM) / Agnès Callamard, on 1 January 2019


2019

Multimedia content

fr
More details See the document

Joint statement of UN Independent Experts: Agnès Callamard, Fionnuala Ní Aoláin, Michel Forst, Nils Melzer, Anaïs Marin, Philip Alston, E. Tendayi Achium, Dainius Puras, Ahmed Shaheed, Javaid Rehman, Yuval Shany.

Document(s)

Officials’ Estimates of the Incidence of ‘Actual Innocence’ Convictions

By Angie Kiger / Brad Smith / Marvin Zalman / Justice Quarterly, on 1 January 2008


2008

Article

United States


More details See the document

Evidence indicates that the conviction and imprisonment of factually innocent persons occur with some regularity. Most research focuses on causes, but the incidence of wrongful convictions is an important scientific and policy issue, especially as no official body gathers data on miscarriages of justice. Two methods are available for discovering the incidence of wrongful conviction: (1) enumerating specific cases and (2) having criminal justice experts estimate its incidence. Counts or catalogues of wrongful conviction necessarily undercount its incidence and are subject to accuracy challenges. We surveyed Michigan criminal justice officials, replicating a recent Ohio survey, to obtain an expert estimate of the incidence of wrongful conviction. All groups combined estimated that wrongful convictions occurred at a rate of less than 1/2 percent in their own jurisdiction and at a rate of 1-3 percent in the United States. Defense lawyers estimate higher rates of wrongful conviction than judges, who estimate higher rates than police officials and prosecutors. These differences may be explained by professional socialization. An overall wrongful conviction estimate of 1/2 percent extrapolates to about 5,000 wrongful felony convictions and the imprisonment of more than 2,000 innocent persons in the United States every year.

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

Document(s)

Capital Punishment in Context

By Death Penalty Information Center, on 8 September 2020


2020

Campaigning


More details See the document

Capital Punishment in Context contains several cases of individuals who were sentenced to death in the United States. Each case presents a narrative account of the individual’s crime, trial and punishment, along with guidelines for analysis, discussion and further research on issues raised by the case. The narratives are supplemented by resources such as original police reports from the homicide investigation and transcripts of testimony from witnesses. After reading the case, you can further explore issues by following a series of links to new information. Each case, along with the related materials, delineates a path through the criminal justice system. At every stage of the process, questions are raised about how the system works. These questions can lead to an analysis of key topics, such as the quality of legal representation for criminal defendants, the risk of wrongful convictions, the role of capital jurors, judicial independence, and the role that race may play in the criminal justice system.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Handbook of Forensic Psychiatric Practice in Capital Cases

By The Death Penalty Project / Nigel Eastman / Richard Latham / Marc Lyall / Sanya Krljes, on 1 January 2018


2018

Working with...


More details See the document

The Death Penalty Project and Forensic Psychiatry Chambers have released two new publications, together providing an authoritative guide on the application of mental health law in capital cases. The resources respond to the knowledge that, in many countries that retain the death penalty, mental health issues are not being sufficiently addressed by the courts, leading to miscarriages of justice and putting vulnerable individuals at risk.This Handbook guides the reader through the role of the forensic psychiatrist in criminal proceedings and key principles of mental health law.

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

Document(s)

SUMMARY OF THE MOST IMPORTANT FACTS OF 2002

By HANDS OFF CAIN, on 1 January 2003


2003

NGO report

en
More details See the document

The worldwide situation to date: The practice of the death penalty has drastically diminished in the past few years. Today the countries or territories that have abolished it or decline to apply it number 130. Of these: 78 are totally abolitionist; 14 are abolitionist for ordinary crimes; 2 are committed to abolition as members of the Council of Europe and in the meanwhile observe a moratorium; 6 countries are currently observing a moratorium and 30 are de facto abolitionist, not having executed any death sentences in the past ten years.

Document(s)

Death Row U.S.A. Fall 2010

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


2010

NGO report


More details See the document

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 Innocence Protection Act of 2001

By Senator Patrick Leahy / Hofstra Law Review, on 1 January 2001


2001

Article

United States


More details See the document

The goal of our bill is simple, but profoundly important: to reduce the risk of mistaken executions. The Innocence Protection Act proposes basic, common-sense reforms to our criminal justice system that are designed to protect the innocent and to ensure that if the death penalty is imposed, it is the result of informed and reasoned deliberation, not politics, luck, bias, or guesswork. We have listened to a lot of good advice and made some refinements to the bill since the last Congress, but it is still structured around two principal reforms: improving the availability of DNA testing, and ensuring reasonable minimum standards and funding for court-appointed counsel.

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

Document(s)

DEATH ROW PHENOMENON VIOLATES HUMAN RIGHTS

By Human Rights Advocates, on 1 January 2012


2012

NGO report


More details See the document

Conditions surrounding the death penalty and its application necessitate examination and recognition of the tortuous experience endured by death row inmates, as it culminates in the onset of the death row phenomenon

  • Document type NGO report
  • Themes list Death Row Phenomenon,

Document(s)

Irreversible Error: Recommended Reforms for Preventing and Correcting Errors in the Administration of Capital Punishment

By The Constitution Project, on 1 January 2014


2014

NGO report


More details See the document

The Committee also offers a host of other recommendations to prevent and correct wrongfulconvictions. These include recommendations regarding the preservation, testing andpresentation of forensic evidence; the creation of statutory remedies for wrongful convictionsand the implementation of procedures for the systemic review to help avoid future errors; thevideotaping of custodial interrogations – where practical – in order to avoid the documentedproblem of false and otherwise inaccurate confessions; the adoption of best practices foreyewitness identifications; the effective implementation of prosecutors’ constitutionalobligation to disclose exculpatory evidence; and enforcement of the Vienna Convention onConsular Relations.

  • Document type NGO report
  • Themes list Innocence,

Document(s)

Innocence Unmodified

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


2010

Article

United States


More details See the document

The Article proceeds in three parts. Part I explains the pivotal role that “actual” innocence has played in the Innocence Movement. It shows that even though the Innocence Movement has begun to broaden its DNA-based focus to include non-DNA-based claims, its goal has remained constant: achieving justice for “actually” innocent people. Part I then shows how the Innocence Movement has prioritized the cases of “actually” innocent people who were convicted through trial over “actually” innocent people who pleaded guilty. The prioritization of wrongful convictions derived from trials over wrongful convictions from pleas underscores how the Innocence Movement has overlooked the claims of people who have pleaded guilty and are not “actually” innocent, but who may still have strong wrongful conviction claims based on fundamental constitutional violations. Part II examines innocence unmodified in the context of trials and postconviction appeals. It asserts that one reason to protect innocence unmodified is because under the Court‟s existing jurisprudence, “actual” innocence alone is not enough to reverse a wrongful conviction. This is because the Supreme Court has not yet decided whether the Constitution forbids the execution of an “actually” innocent person who was convicted through a “full and fair” trial. Because the Court has not recognized a freestanding “actual” innocence claim, the “actual” innocence of a wrongly convicted person only matters as a door through which to allow a court to reach underlying constitutional claims. Part II uses the example of a recent Supreme Court decision, In Re Troy Davis, to highlight how an isolated prioritization of “actual” innocence does not achieve justice for wrongly convicted people. Part III examines innocence unmodified in the context of pleas. It reveals the degree to which the Court has itself polarized innocence in the context of pleas—prioritizing “actual” innocence over fundamental constitutional protections for all people.

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

Document(s)

Death Sentences and executions in 2012

By Amnesty International, on 1 January 2013


2013

NGO report

en
More details See the document

The report covers the judicial use of death penalty for the period January to December 2012.It summarises Amnesty International’s global research on the death penalty. Information was gathered from various sources including official statistics (where available), non-governmental and inter-governmental organizations, human rights defenders, the media and interviews with survivors of human rights violations

Document(s)

Death sentences and executions in 2015

By Amnesty International, on 1 January 2016


2016

NGO report

rufres
More details See the document

This report covers the judicial use of the death penalty for the period January to December 2015. 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)

Death sentences and executions 2014

By Amnesty International, on 1 January 2015


2015

NGO report

rufres
More details See the document

This report covers the judicial use of the death penalty for the period January to December 2014. 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)

2017 World Day report

By World Coalition Against the Death Penalty, on 1 January 2018


2018

NGO report

fr
More details Download [ pdf - 2252 Ko ]

On 10 October 2017, the World Coalition Against the Death Penalty along with abolitionist activists worldwide marked the 15th World Day against the Death Penalty by drawing attention to the death penalty and its link with poverty. This report presents the activities organised for the 15th world day and the media coverage it received.

Document(s)

Outlook: The release of Sierra Leone’s longest serving female death row prisoner.

By BBC, on 8 September 2020


2020

Academic report

Sierra Leone


More details See the document

The release of Sierra Leone’s longest serving female death row prisoner.

  • Document type Academic report
  • Countries list Sierra Leone
  • Themes list Innocence,

Document(s)

Write a Letter to the Editor

By National Coalition Against the Death Penalty / Wisconsin Coalition Against the Death Penalty, on 1 January 2007


2007

Working with...


More details See the document

Writing a letter to the editor of your local newspaper, or submitting a story to a local blog, is a great way to fight the continued use of the death penalty. This site gives helpful tips on how to write such a letter.

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

Document(s)

Arab Charter on Human Rights

By League of Arab States, on 1 January 2004


2004

Regional body report

arfr
More details See the document

Article 51. Every human being has the inherent right to life.2. This right shall be protected by law. No one shall be arbitrarily deprived of his life.Article 6Sentence of death may be imposed only for the most serious crimes inaccordance with the laws in force at the time of commission of the crime and pursuant to a final judgement rendered by a competent court. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence.Article 71. Sentence of death shall not be imposed on persons under 18 years of age, unlessotherwise stipulated in the laws in force at the time of the commission of the crime.2. The death penalty shall not be inflicted on a pregnant woman prior to her deliveryor on a nursing mother within two years from the date of her delivery; in all cases, the best interests of the infant shall be the primary consideration.

Document(s)

What Caused The Crime Decline?

By Brennan Center for Justice / Oliver Roeder / Lauren-Brooke Eisen / Julia Bowling, on 1 January 2015


2015

Article

United States


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A new study by the Brennan Center for Justice examined several possible explanations for the dramatic drop in crime in the U.S. in the 1990s and 2000s. Among the theories studied was use of the death penalty, which the report found had no effect on the decline in crime.

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

Document(s)

Oral Statement: 56th Ordinary Session of the African Commission on Human and People’s Rights

By FIACAT, on 8 September 2020


2020

Article


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During the 56th Ordinary Session of the African Commission on Human and Peoples’ Rights in Banjul, Gambia, 21 April – 7 May 2015, the FIACAT made an oral statement as they would like to would like to congratulate on the actions taken by the Committee for the prevention of torture in Africa since the 55th Ordinary Session of the ACHPR. Nevertheless, FIACAT remains greatly concerned by the number of cases of torture documented by its members (ACATs) and the impunity which torturers enjoy.

  • Document type Article
  • Themes list Trend Towards Abolition, Country/Regional profiles,

Document(s)

THE STATE OF AFRICAN REGIONAL HUMAN RIGHTS BODIES AND MECHANISMS 2018-2019

By Amnesty International, on 1 January 2019


2019

NGO report

fr
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The report presents a comprehensive review of the current state and performance of the African regional human rights system in the period between 1 January 2018 and 30 June 2019. It appraises the functioning, working methods, outputs and impact of the African Commission on Human and Peoples’ Rights (ACHPR); the African Committee of Experts on the Rights and Welfare of the Child (ACERWC); and the African Court on Human and Peoples’ Rights (ACtHPR) during the reporting period.

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)

Urdu : جسٹس پراجیکٹ پاکستان کا ڈیٹا بیس

By Justice Project Pakistan, on 8 September 2020


2020

Multimedia content

Pakistan

en
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سٹس پراجیکٹ پاکستان نے سزائے موت کے قیدیوں کے لیے کام کے دوران پھانسیوں اور سزائے موت سے متعلق مواد اکٹھا کیا ہے۔ HURIDOCS کے تکنیکی تعاون سے جسٹس پراجیکٹ پاکستان نے اپنی تحقیق کو ایک اوپن سورس ڈیٹا بیس کی شکل دی ہے۔ یہ منصوبہ سزائے موت سے متعلق اعدادوشمار تک عام رسائی فراہم کرنے کی پہلی کڑی ہے، جس کا مقصد محققین، صحافیوں، وکلاء ، طلبہ، انسانی حقوق کے کارکنان اور عام لوگوں کو اس غیر انسانی اور غیر منصفانہ سزا سے متعلق مستند اعدادوشمار مہیا کرنا ہے۔ یہ ڈیٹا بیس نہ صرف جسٹس پراجیکٹ پاکستان کے اعدادوشمار تک رسائی فراہم کرتا ہے، بلکہ عام افراد کو اس میں مزید مواد کی شمولیت کی دعوت بھی دیتا ہے۔