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In this lesson students aged 11-16 work collectively to use their mathematical skill and appropriate technology to examine and analyse information about the changing use of the death penalty in China and the world. They look for the most effective ways of presenting information using charts, graphs and maps, and comment on the reliability and validity of the data that they have collected.

• Document type Campaigning
• Themes list Country/Regional profiles,

Every 3 hours someone is put to death by their government. Is this justice? Watch first-hand testimonies by Reprieve lawyers and clients. Read ten hard facts about the death penalty. Decide for yourself.

• Document type Campaigning
• Themes list Public debate, Death Penalty,

This video explains the role of consular officers in protecting their nationals when they face the death penalty abroad.

• Document type Lobbying
• Themes list Foreign Nationals,

In providing specific examples of financial and material support provided by UN and international donors for drug control efforts, and human rights concerns raised by such support, the report compels readers to think critically about government efforts to meet their ‘shared responsibility’ to address drug use and drug-related crime

• Document type NGO report
• Themes list Drug Offences,

In a recent research , Emergency Exit: Which actions for supporting offenders close te release?, 13 key practices have proven to help resettle successfully ex offenders into society at their exit of prison and prevent them from re-offending.

• Document type NGO report
• Themes list Public debate,

South Africa, 1987. When Leon, a white 19-year-old prison guard commits an inexplicable act of violence, killing seven black men in a hail of bullets, the outcome of the trial – and the court’s sentence – seems a foregone conclusion.

Hotshot lawyer John Weber reluctantly takes on the seemingly unwinnable case.

A passionate opponent of the death penalty, John discovers that young Leon worked on death row in the nation’s most notorious prison, under traumatic conditions: befriending the inmates over the years while having to assist their eventual execution.

As the court hearings progress, the case offers John the opportunity to put the entire system of legally sanctioned murder on trial. How can one man take such a dual role of friend and executioner, becoming both shepherd and butcher?

Inspired by true events, this is the story that puts death penalty on trial and changes history.

• Document type Legal Representation
• Themes list Trend Towards Abolition, Death Row Conditions, Discrimination, Country/Regional profiles,

A press release on the DPIC Year End Report 2016: Use of the death penalty fell to historic lows across the United States in 2016. States imposed the fewest death sentences in the modern era of capital punishment, since states began re-enacting death penalty statutes in 1973. New death sentences are predicted to be down 39% from 2015’s 40-year low. Executions declined more than 25% to their lowest level in 25 years, and public opinion polls also measured support for capital punishment at a four-decade low.

• Document type Article
• Countries list United States
• Themes list Trend Towards Abolition, Cruel, Inhuman and Degrading Treatment and Punishment, World Coalition Against the Death Penalty, Death Penalty, Statistics, Country/Regional profiles,

The government’s ineptness to stop the religious and sectarian intolerance has strengthened the banned militant religious groups to organize and collect their funds in the streets and hold big rallies. This ineptness of the government has helped the forced conversion to Islam of girls from religious minority groups. In total thorough out the country during the year 1800 women from Hindu and Christian groups were forced to convert to Islam by different methods particularly though abduction and rape.

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

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

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

This report draws on in-depth interviews with 42 opinion leaders on the death penalty, their knowledge of the criminal justice system, the likelihood of abolition and how that could be achieved. They represent the fields of politics, public service, law, religion, civil society, academia, and defence.

• Document type NGO report
• Countries list Zimbabwe
• Themes list Public opinion,

CADPA invited filmmaker Dawn Mikkelsen to make 8 short videos for a series called ‘Say Yes to Life’. Dawn spoke with many of those intimately linked with people on death row to bring you their stories. “Madam Eswari’s story’ is the first of these.

• Document type Multimedia content
• Themes list Arbitrariness, Networks, Country/Regional profiles,

According to Iranian law, the age when girls are held accountable for criminal punishment is nine years old, while international conventions have banned the death penalty for persons under 18. In Iran, the death penalty for children is used for crimes such as murder, drug trafficking, and armed robbery.Pursuant to the passing of new laws in recent years, the Iranian Judiciary System detains children in Juvenile Delinquents Correction Centers after their death sentence verdict, and a large number of them are hanged upon reaching age 18.

• Document type Academic report
• Countries list Iran (Islamic Republic of)
• Themes list Juveniles, Women, Death Row Conditions,

There Is No Evil (Persian: شیطان وجود ندارد‎, lit. ‘Satan doesn’t exist’) is a 2020 Iranian drama film directed by Mohammad Rasoulof. It won the Golden Bear for Best Film at the 70th Berlin International Film Festival. The film relates four stories concerning the death penalty in Iran. Rasoulof explained that the film is about “people taking responsibility” for their actions, and that each story “is based on my own experience.”

• Document type Multimedia content
• Countries list Iran (Islamic Republic of)
• Themes list Public debate,
• Available languages Le Diable n'existe pas

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

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

This paper examines the issue of judicial discretion and the role of the Supreme People’s Court (SPC) in death penalty reform since 2007. The SPC has been encouraging judges to give ‘suspended’ death sentences rather than ‘immediate execution’ for some homicide cases. Lower court judges are encouraged to use their discretion to recognize mitigating circumstances that would allow them to sentence offenders to a suspended death sentence. The SPC has used ‘guidance’ instruments which include ‘directives’ and other SPC interpretations and a new ‘case guidance’ system which provides case exemplars to follow. The study explored these guidance instruments as a way of deepening the understanding of how law, politics and judicial practices are interwoven to achieve reform goals.

• Document type Article
• Countries list China
• Themes list Death Penalty, Country/Regional profiles,

This paper applies a gendered perspective to women sentenced to a mandatory death penalty in the West African countries of Ghana and Sierra Leone. At present, there are six women on death row in Ghana and two women on death row in Sierra Leone. All eight women are sentenced to mandatory death for murder. However, interviews with the women on death row suggest that their offenses do not meet the threshold of ‘most serious crimes.’ Instead, many are convicted for acts committed in retaliation following violence against them.

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

This paper applies a gendered perspective to women sentenced to a mandatory death penalty in the West African countries of Ghana and Sierra Leone. At present, there are six women on death row in Ghana and two women on death row in Sierra Leone. All eight women are sentenced to mandatory death for murder. However, interviews with the women on death row suggest that their offenses do not meet the threshold of ‘most serious crimes.’ Instead, many are convicted for acts committed in retaliation following violence against them.

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

The book describes how thousands of Americans are convicted of crimes they never committed. Many of them end up on death row where inmates have been executed despite their innocence. ‘The Deprived’ is based on interviews with 10 Americans who have all been affected by wrongful convictions and the death penalty. The book also describes what leads to wrongful convictions in America and who’s most likely to be convicted of a crime they never committed.

• Document type Book
• Countries list United States
• Themes list Innocence, World Coalition Against the Death Penalty,

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

• Document type Academic report

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,

“The Punishment” is a short film that takes place in 1978 at a Texas State Penitentiary. The story follows inmate Randle Kohler’s last hours on Death Row leading up to his execution. The only human being he’s able to communicate with is the Prison Guard assigned to bring him his last meal. As their conversation develops we begin to see more and more layers of Kohler’s past and the events that led him to the prison cell.

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

Cheong Chun Yin, a Malaysian boy, was about 23 years old when he was arrested for drug trafficking. A trusting boy he was asked to bring some ‘gold’ to Singapore. Merri was a victim of domestic abuse, whose son had a heart defect. She took a job abroad to help pay his hospital bills. A loving man bought her a suitcase for her home journey. The tragedy of such stories is what keeps human rights activists and lawyers from ASEAN unrelenting in their opposition to the death penalty, for reasons they spell out in this video.

• Document type Multimedia content
• Countries list Malaysia
• Themes list Arbitrariness, Networks, Country/Regional profiles,

OSCE participating States have made a number of commitments regarding the death penalty, including considering the potential abolition of capital punishment, to exchange information toward that end and to make information on the use of the death penalty available to the public.1 Where the death penalty is still in use, participating States have agreed that it could be imposed only for the most serious crimes and only in line with international commitments.2 In light of these commitments and its mandate, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) monitors trends and new developments regarding human rights standards and practices among OSCE participating States related to the death penalty. The findings are presented each year in the Background Paper on the Status of the Death Penalty in the OSCE Area. The background paper is based on the information provided by participating States, in the form of responses to ODIHR questionnaires. The information from their responses has been included in the present report, to the extent possible, and is supplemented with information from international and regional human rights bodies, non-governmental organizations and media reports.

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

In response to recent exonerations, federal and state governments have passed laws to prevent such injustices; lawyers and police have changed their practices; and advocacy organizations have multiplied across the country. Together, these activities are often referred to as the “innocence movement.” Exonerated provides the first in-depth look at the history of this movement through interviews with key leaders such as Barry Scheck and Rob Warden as well as archival and field research into the major cases that brought awareness to wrongful convictions in the United States.

• Document type Book
• Countries list United States

The penalty follows three people caught in the crosshairs of capital punishment, and the political landscape thatcould decide their fate. Going behind the scenes of some of the biggest headlines in the history of America’sdeath penalty, the film follows the lethal injection protocol crisis that resulted in a botched execution, therehabilitation of a man who spent 15 years on death row for a crime he didn’t commit, and the family of a youngwoman – brutally murdered – split by the state’s pursuit of the ultimate punishment.

• Document type Multimedia content
• Countries list United States
• Themes list Fair Trial, Right to life, Murder Victims' Families, Death Row Phenomenon, Lethal Injection, Death Penalty,

In this comprehensive, well-crafted book, published in association with the Center for Documentary Studies at Duke University, SUNY-Buffalo professors Jackson and Christian build upon the photographs and interviews from death row in Texas that yielded their 1979 book and documentary Death Row

• Document type Book
• Countries list United States
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Phenomenon,

21 people were exonerated by the Innocence Network in 2011. Proving their innocence took years of work by dedicated teams of lawyers and staffers. These 21 represent a small fraction of the thousands of people who are behind bard for crimes they didn’t commit.

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

The United States has repeatedly failed to notify detained foreign nationals of their rights to consular notification and access under Article 36 of the Vienna Convention on Consular Relations. In capital cases, US non-compliance with this ratified Treaty has led to litigation by foreign governments and individual lawyers in domestic courts and international tribunals. While these efforts have had mixed results in individual cases, litigation by Mexico, Germany and other actors has led to increased compliance with Article 36, and a growing recognition of the significance of US treaty obligations.

• Document type Article
• Countries list United States
• Themes list Foreign Nationals,

Clemency is an extrajudicial measure intended both to enhance fairness in the administration of justice, and allow for the correction of mistakes. Perhaps nowhere are these goals more important than in the death penalty context. The recent increased use of the death penalty and concurrent decline in the number of defendants removed from death row through clemency call for a better and deeper understanding of clemency authority and its application. Questions about whether clemency decisions are consistently and fairly distributed are particularly apt. This study uses 27 years of death penalty and clemency data to explore the influence of defendant characteristics, political factors, and clemency’s structure on clemency decisions. The results suggest that although a defendant’s race and ethnicity did not influence clemency, gender did play a role, as women were far more likely than their male counterparts to receive clemency. Analyses of political and structural factors point in different directions. Political factors such as the timing of gubernatorial and presidential elections and a governor’s lame-duck status did not systematically influence clemency. However, how states structure clemency authority did make a difference. Clemency grants were more likely in states that vest authority in administrative boards than in states that vest authority in the governor. Regionality and time were also important as clemency grants were less likely in southern states and declined after 1984. Overall, these mixed results contribute to a critique that clemency decisions are arbitrary and inconsistent. Thus, important questions regarding fairness that plague earlier aspects of the death penalty process persist to its final stage.

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

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

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

The Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 was drafted, enacted, and signed in an atmosphere of anger and fear. The legislation, which includes substantial cutbacks in the federal habeas corpus remedy, was Congress’s response to the tragedy of the Oklahoma City bombing. During the congressional hearings on the bills that culminated in AEDPA, the proponents of the legislation claimed that its habeas corpus restrictions and other provisions were necessary to fight domestic terrorism. The Senate bill was approved by the House on April 18, 1996, the day before the one-year anniversary of the Oklahoma City bombing. President Bill Clinton invoked the bombing in a statement he issued at the time of the Senate’s passage of the legislation and again when he signed the legislation into law. Even at the time of the debates, some courageous legislators were willing to denounce the fallacious connection that the bill’s proponents drew between the bombing and the broader issues of the scope and availability of habeas corpus review. Many of the habeas corpus restrictions ultimately built into AEDPA had been under consideration by Congress since 1990, though none had been adopted. The congressional proponents of these restrictions seized upon the Oklahoma City tragedy as a means of accomplishing their longstanding goal to scale back federal habeas corpus review.

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

In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation’s progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty’s efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that retribution’s moral, rather than empirical, base makes it an issue largely within the purview of religious denominations, the traditional source of a community’s moral authority. Professor Radelet predicts that religious leaders’ increasing opposition to the flawed administration of the death penalty, rather than their lesser support for the abstract concept of capital punishment, will tip the balance toward its abolition in America.

• Document type Article
• Themes list Religion ,

Since July 1978, when Maryland’s capital punishment statute took effect, the State has been plagued by charges that the imposition of the death penalty is influenced by the race of the defendant and the legal jurisdiction in which the homicide occurred. Most critics use the characteristics of condemned inmates on Maryland’s death row, which reveal possible racial motivations. However, the authors argue that simply relying on the characteristics of condemned inmates reveals little about the underlying mechanisms of the imposition of the death penalty. The recent history of capital punishment in Maryland is reviewed, followed by a brief description of the legal structure of capital punishment under Maryland law. In order to empirically measure whether the imposition of capital punishment in Maryland is discriminatory, the authors examined 1,311 death eligible cases in Maryland from July 1, 1978 to December 31, 1999. Death eligible cases were defined as those cases in which the State’s attorney filed a notice of intention to seek a death sentence, the facts established that first degree murder was committed, the defendant was the principle in the first degree murder, the murder included at least one statutory aggravating circumstance, and the defendant was eligible for capital punishment at the time of the offense. The statistical strategy focused on determining the influence of race of victim, race of defendant, and geography on the imposition of the death penalty. Findings suggest that race and geography indeed play an important role in the Maryland justice system. Race and geography exert their most influence at the death notification and death notice retraction stages of the process. Thus, it is prosecutorial discretion that is the most apparent in the possible discriminatory application of capital punishment in Maryland. The findings from this study are unsurprising and are in line with similar studies from other States. The author cautions that overt racism is not necessarily the reason beyond the disproportionate application of capital punishment.

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

There have been at least sixty-seven postconviction DNA exonerations in the United States. Our Innocence Project at the Benjamin N. Cardozo School of Law has either assisted or been the attorney of record in thirty-nine of those cases, including eight men who served time on death row. For all of these men, existing appellate remedies failed to catch the mistakes and correct the injustice. In one third of the exonerations, bad lawyering contributed to their convictions yet in only one case was ineffective assistance of counsel recognized by an appellate court. Mistaken eyewitness identification was a critical factor in almost 90% of the unjust convictions yet not a single trial or appellate court found the eyewitness testimony to be unreliable.

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

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,

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

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

When the Supreme Court is deciding death, how much does law matter? Scholars long have lamented the majoritarian nature of the Court’s Eighth Amendment “evolving standards of decency” doctrine, but their criticism misses the mark. Majoritarian doctrine does not drive the Court’s decisions in this area; majoritarian forces elsewhere do. To make my point, I first examine three sets of “evolving standards” death penalty decisions in which the Court implicitly or explicitly reversed itself, attacking the legal justification for the Court’s change of position and offering an extralegal explanation for why those cases came out the way they did. I then use political science models of Supreme Court decisionmaking to explain how broader social and political forces push the Court toward majoritarian death penalty rulings for reasons wholly independent of majoritarian death penalty doctrine. Finally, I bring the analysis full [*pg 2] circle, showing how broader sociopolitical forces even led to the development of the “evolving standards” doctrine. In the realm of death penalty decisionmaking, problematic doctrine is not to blame for majoritarian influences; rather, majoritarian influences are to blame for problematic doctrine. The real obstacle to countermajoritarian decisionmaking is not doctrine, but the inherently majoritarian tendencies of the Supreme Court itself.

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

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

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

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

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

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,

Prior research on wrongful convictions in capital cases focused primarily on qualitative methods designed to provide in-depth descriptive analyses of these cases. In contrast, this study is a quantitative comparison between 76 documented cases from 1970 to 1998, in which prisoners were released from death row because of “doubts about their guilt,” and a matched group of inmates who were executed. Through the use of a logistic regression model, significant predictors of cases that result in a release from death row as opposed to an execution, are identified. The final section of this study focuses on policy implications that may decrease the risk of error in capital cases. Additional lines of research are suggested in an effort to increase understanding of miscarriages of justice in such cases.

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

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

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

In this article I argue that despite the very serious nature and surprisingly large number of these kinds of exonerations revelations about factually innocent death-sentenced prisoners represent only the most dramatic, visible tip of a much larger problem that is submerged throughout our nation’s system of death sentencing. That is, many of the very same flaws and factors that have given rise to these highly publicized wrongful convictions also produce a more common kind of miscarriage of justice in capital cases. I refer to death sentences that are meted out to defendants who, although they may be factually guilty of the crimes for which they were placed on trial, are not “death worthy” or “deserving” of the death penalty. This includes the many who, if their cases had been handled properly by competent counsel at the time of trial and adjudicated in a fairer and more just system, would have been sentenced to life instead.

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

Capital punishment has once again become the focus of intense national debate in the United States. There is increasingly widespread public concern over the propriety of state-sanctioned executions and the legal processes by which they are accomplished. Even in political arenas, where little more than a decade ago commentators could quip that “the electric chair has replaced the American flag as your all-purpose campaign symbol,” many elected officials are voicing second thoughts about capital punishment. The American Bar Association (ABA), among other prestigious groups, has called for a moratorium on executions until, at least, the procedural flaws in the legal process through which death sentencing takes place — what the ABA analysts characterized as a “haphazard maze of unfair practices” — have been identified and remedied. Recent assessments of the scope and seriousness of the problems that plague this process suggest that the task of reforming the system of capital punishment will prove to be a daunting one. For example, James Liebman and his colleagues have presented a sobering picture of what they termed a “broken system” in which the outcomes of capital trials — if judged by their fates in the appellate courts — are legally wrong more often than they are right. And at least one judge declared the federal death penalty unconstitutional because it failed to provide sufficient procedural protections to capital defendants.

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

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.

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

In 2003, the Missouri Supreme Court set aside the death sentence of Christopher Simmons, who was 17 when he was arrested for the murder of Shirley Crook. The Simmons court held that the “evolving standards of decency” embodied in the Eighth Amendment’s prohibition of cruel and unusual punishments barred execution of persons who committed capital crimes before their 18th birthday. This decision was based in part on the emerging legislative consensus in the states opposing execution of juvenile offenders and the infrequency with which the death penalty is imposed on juvenile offenders. The State sought a writ of certiorari, and the case is now before the U.S. Supreme Court. This article presents results of analyses of empirical data on the use of the death penalty for adolescent homicide offenders in state courts in the U.S. since 1990. The data shows that, since 1994, when death sentences for juvenile offenders peaked, juvenile death sentences have declined significantly. In particular, the decline in juvenile death sentences since 1999 is statistically significant after controlling for the murder rate, the juvenile homicide arrest rate, and the rate of adult death sentences. This downward trend in juvenile death sentences signals that there is an evolving standard in state trial courts opposing the imposition of death sentences on minors who commit capital offenses.

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

In this essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state’s use of the death penalty. He surveys the Christian Church’s strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the “pulpit and the pew” as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by noting the declining influence of religious organizations over the social policy choices of their members. He concludes that the fate of the death penalty in America will therefore “most likely be resolved in the realm of the secular rather than the sacred.

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

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

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

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

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

Widely believed to be the innocent victims of an unfair trial, two foreign nationals facing execution in the United States had captured the attention of theworld. Rallies in their support attracted huge crowds in London and Paris, in Buenos Aires, Johannesburg, Bombay and Tokyo. Petitions for mercy flooded the governor’s office, signed by half a million people worldwide. The Italian head of state, former Nobel prize winners, and the Vatican joined in the global appealfor clemency, all to no avail. The world watched as the final days ticked away, transfixed by the last-minute battle to obtain a new trial amid a mounting storm ofdomestic and international protest. Citing procedural default and deference to state law, the appellate courts refused to intervene.

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

Authors David Johnson, an expert on law and society in Asia, and Franklin Zimring, a senior authority on capital punishment, utilize their research to identify the critical factors affecting the future of the death penalty in Asia. They found that when an authoritarian state experienced democratic reform, such as in Taiwan and South Korea, the rate of executions dropped sharply. Johnson and Zimring also found that politics, instead of culture or tradition, is the major obstacle to the end of capital punishment in Asia.

• Document type Book
• Countries list China

Executionhas also (1) had a powerful negative influence on the substantive criminal law; (2) promoted the practice of using extreme penal sanctions as status rewards to crime victims and their families; (3) provided moral camouflage for a penalty of life imprisonment without possibility of parole, which is almost as brutal as state killing; and (4) diverted legal andjudicial resources from the scrutiny of other punishments and governmental practicesin an era of mass imprisonment. This chapter discusses these four latent impacts of attempts to revive and rationalize the death penalty in the United States.

• Document type Academic report
• Themes list Arbitrariness,

Murder Victims’ Families for Human Rights was launched on international human rights day, 2004, by a group of victims’ family members who oppose the death penalty and have extensive speaking and organizing experience in the United States and around the world. Through their statements, testimony, and educational materials, MVFHR members let policymakers and the general public know that it is possible to be both pro-victim and anti-death penalty. The response to one human rights violation should not be another human rights violation. We honor victims by preventing violence, not by perpetuating it.

• Document type Working with...
• Themes list Networks,
• Available languages Familias de Víctimas de Homicidio por los Derechos HumanosFamilles de Victimes de Meurtre pour les Droits de l'Homme BrochureJapanese : 人権のための殺人被害者遺族の会Italian : Famiglie Delle Vittime Di Omicidio Per I Diritti Umani

MVFHR is an organization formed by a group of victim’s family members. They have traveled across the ocean all the way down to Korea, Japan, and Taiwan to share their stories and views on the death penalty with the local victim’s family members, attorneys, and human rights organizations.

• Document type Academic report
• Countries list Japan
• Themes list Murder Victims' Families,
• Available languages MVFHR 飄洋過海來看你：看見被害人 20100704 台北信義誠品

MYTH: Only guilty prisoners are sent to their death. FACT: Professionals in the justice system know that innocent people have been executed.

• Document type Academic report
• Themes list Innocence,

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

• Document type Legal Representation
• Themes list FRONTPAGE

This article analyses the latest controversy over the use of the death penalty that erupted not in mainland China but across the strait in Taiwan. In January, the defense ministry there was forced to issue a public apology for a wrongful execution in 1997, followed in early March by the execution of five prisoners without notifying their families.

• Document type Article
• Themes list Networks,

PRI information kit on the alternative sanctions to the death penalty: ; a review of current practices; the increasing use of ‘life’ and long-term sentences and their contribution to growing prison numbers; 12 steps toward alternative sanctions to the death penalty that respect international human rights standards and norms.

• Document type Arguments against the death penalty
• Themes list Sentencing Alternatives,

The International Jurisprudence Factsheet is divided in four topics: 1. The Right to Be Free from Cruel, Inhuman or Degrading Treatment or Punishment 2. Methods of Executions 3. Death Row Conditions 4. Families of the Persons Sentenced to Death. The relevant international entities have been investigated regarding these topics and their conclusions are presented in this factsheet.

• Document type Campaigning
• Themes list Networks,
• Available languages Fiche jurisprudence internationale : "La peine de mort est inhumaine"

The following form, prepared by the Commission’s Executive Secretariat, is intended to make it easier for victims of violations, their family members, organizations of civil society or other persons to file complaints alleging human rights violations by OAS member States.

• Document type Working with...
• Themes list Networks,
• Available languages Instrucciones: Formulario para Presentar Peticiones sobre Violaciones a los Derechos HumanosInstructions: Formule de Plainte Relative à des Allégations de Violation des Droits de la PersonnePortuguese : Instruções: FORMULÁRIO PARA APRESENTAR PETIÇÃO SOBREVIOLAÇÕES DOS DIREITOS HUMANOS

The purpose of this handbook — which has been prepared on the responsibility of the General Secretariat of the Council and has no legal force — is to explain certain basic concepts of how the Council works, but above all to provide practical information both on existing sources of information and on the implementation of measures adopted with regard to openness and transparency. These measures illustrate the Council’s desire to get closer to citizens in order to build their confidence in European integration.

• Document type Working with...
• Themes list Networks,
• Available languages Guide de l’information du Conseil de l’Union européenne

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 type Working with...
• Themes list Networks,
• Available languages Как работать по Программе ООН в области прав человека Справочник для гражданского обществаTravailler avec le Programme des Nations Unies pour les Droits de l’Homme: Un Manuel pour la Société Civile参与联合国人权事务 民间社会手册Trabajando con el Programa de las Naciones Unidas en el ámbito de los Derechos Humanos Un manual para la sociedad civil

This Guide combines research and practical perspectives. The growth of social science research into the eyewitness process coincided with parallel efforts of law enforcement agencies to improve their own procedures. This Guide benefits from the inclusion of the diverse perspectives of TWGEYEE members; the group included not only researchers but also prosecutors, defense lawyers, and working police investigators from departments of all sizes and from all regions. This Guide represents a combination of the best current, workable police practices and psychological research.

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

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.

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

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,

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.”

• Document type Academic report
• Countries list United States
• Themes list Networks,

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.

• Document type Legal Representation
• Themes list Networks,

Lawyers For Human Rights International an Organisation of Lawyers having its base in Punjab, India, being part of an International movement against Death Penalty, decided to visit Sharjah jail in UAE to meet the 17 prisoners who have been sentenced to Death for killing a Pakistani youth. Two member team comprising of Navkiran Singh a Human Rights Lawyer & Activist from Panjab, practicing in the High Court at Chandigarh and who is the General Secretary of LFHRI along with another Lawyer Gagan Aggarwal, visited Dubai and Sharjah on 13th and 14th of April 2010 and met the Lawyers who have been hired to defend these 17 Indians by the Indian Consulate of UAE and also visited Sharjah jail and met all the prisoners. This report presents their findings.

• Document type Legal Representation
• Themes list Networks,

World Coalition Report: No to the Death Penalty! The World decides 10 October 2007 World Day against the Death Penalty. The actions of the world coaltion and their iniatives during the World Day 2007 campaign can be found in this report.

• Document type Campaigning
• Themes list Networks,
• Available languages Rapport de la Journée Mondiale Contre la Peine de Mort 2007

During a televised panel discussion on the death penalty on 9th October, Slovenian law professor Dragan Petrovec said victims should play no role in the sentencing of offenders. ”The victim is never objective,” he said. ”Victims can’t be judges.” The discussion, organised by the Council of Europe to mark the European day against the death penalty, also featured Sweden’s Human Rights Ambassador Jan Axel Nordlander. Council of Europe’s Head of Department Jeroen Schokkenbroek said the organisation was critical of the United States and Japan over their use of the death penalty . He added that ”dialogue was continuing” with both countries towards ending the practice.

• Document type Arguments against the death penalty

Perhaps the most important factor in determining whether a defendant will receive the death penalty is the quality of the representation he or she is provided. Almost all defendants in capital cases cannot afford their own attorneys. In many cases, the appointed attorneys are overworked, underpaid, or lacking the trial experience required for death penalty cases.

• Document type Arguments against the death penalty
• Themes list Legal Representation,

This book examines how family members and advocates for victims address the impact of capital punishment. The book presents the personal stories of victims’ family members and their interactions with the criminal justice system. It also examines the relevant areas of legal research, including the use of victim impact evidence in capital trials, how capital punishment affects victims’ family members, and what is known about addressing the needs of the survivors after a murder.

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

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

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

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.

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