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Document(s)

Viêt Namese : Liệu Hình phạt Tử hình Có Tác dụng Ngăn chặn Tội phạm Giết người ở Nhật Bản?

By David T. Johnson / Asian Law Centre, on 8 September 2020


2020

Multimedia content

Japan


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Không giống như ở Mỹ, nơi tràn ngập các nghiên cứu về tử hình và tác dụng răn đe của hình phạt này, có rất ít nghiên cứu về hình phạt tử hình và tác dụng răn đe của nó ở Nhật Bản. Mặc dù vậy, người dân và các quan chức nước này vẫn đưa ra những nhậnđịnh đầy tự tin đối với chủ đề này. Trên thực tế, tác dụng răn đe được xem là “điểm tranh cãi chủ chốt giữa các lập luận ủng hộ và phản đối” hình phạt tử hình ở Nhật Bản. Khó khăn trong việc thu thập các số liệu chuẩn mực về tội phạm từ Chính phủ Nhật Bản đã khiến cho việc tiến hành một nghiên cứu nghiêm túc về đề tài này gần như là bất khả thi. Bài viết này sử dụng các số liệu thống kê hàng tháng về tội phạm giết người và tộiphạm giết người cướp mà trước không thể tiếp cận được để xem xét liệu việc tuyên và thực thi án tử hình ở Nhật Bản có tác dụng ngăn chặn những tội phạm kể trên trong giai đoạn từ năm 1990 đến 2010 hay không. Và phát hiện chính của nghiên cứu này là hình phạt tử hình không có tác dụng răn đe tội phạm giết người và tội phạm cướp của giết người trong giai đoạn nói trên. Cần phải có thêm nghiên cứu về đề tài này, tuy nhiên, tại thời điểm hiện tại Chính phủ Nhật Bản không có bất cứ căn cứ chắc chắn nào để tiếp tục khẳng định nước này cần duy trì hình phạt tử hình vì hình phạt này giúp ngăn chặn tội phạm có tính đặc biệt nghiêm trọng.

  • Document type Multimedia content
  • Countries list Japan

Document(s)

3 questions to Ndume Olatushani, former death row prisoner

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


2018

Academic report

United States


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

  • Document type Academic report
  • Countries list United States
  • Themes list Death Row Conditions, Death Penalty,

Document(s)

Capital Punishment and the Bible

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


2002

Book

United States


More details See the document

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

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

Document(s)

The Constitution in Crisis Pt 4

By The New School / Fora TV, on 1 January 2007


2007

Arguments against the death penalty


More details See the document

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

  • Document type Arguments against the death penalty
  • Themes list Minorities, Discrimination,

Document(s)

Death Sentencing Database

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


2018

Working with...


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

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

Document(s)

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

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


2005

Article

United States


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

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

Document(s)

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

By Texas After Violence Project, on 1 January 2019


2019

NGO report


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

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

Document(s)

Ethical Responsibilities of Physicians: Capital Punishment in the 21st Century

By Karen B. Rosenbaum / William Connor Darby / Robert Weinstock / Psychiatric Annals, on 1 January 2015


2015

Article

United States


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The American Medical Association is among many medical professional organizations that prohibit the participation of physicians in the physical act of execution. Despite these clear guidelines, debate remains regarding physician involvement in various aspects of death penalty cases. This article outlines different positions that physicians and specifically forensic psychiatrists have taken on this issue. Our position is that given the overwhelming secondary duty related to their physician role—specifically to do no harm—forensic psychiatrists should not use their expertise if they believe their involvement will be used for the primary purpose of obtaining a death penalty.

  • Document type Article
  • Countries list United States
  • Themes list Intellectual Disability,

Document(s)

The Unusualness of Capital Punishment

By Louis D. Bilionis / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


More details See the document

The order struck during the regulatory years following Furman v. Georgia and Gregg v. Georgia has been inverted. Executions once were rarities of newsworthy moment; now, they are nearly twice-a-week occurrences that often pass with nary a notice. Skeptical scrutiny of death penalty cases once was the professed and practiced mission of the federal judiciary; now, words like weariness, ennui, and resentment seem better choices to capture the spirit of the federal courts when confronted with complaints from death row. As we will see, the various lines of objection join to form a sophisticated and comprehensive critique.

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

Document(s)

Sentenced to Death: A Report on Washington Supreme Court Rulings In Capital Cases

By American Civil Liberties Union / Washington, on 1 January 2001


2001

NGO report


More details See the document

The ACLU conducted an analysis of court rulings in the 25 Washington cases in which the death sentence has been imposed since 1981, when the current death penalty statute took effect. That analysis of almost two decades of death sentences and executions makes it clear that the system by which we impose and review death sentences in Washington is fundamentally flawed.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Detailed Fact Sheet: Progress Made in 10 years and Challenges Ahead

By World Coalition Against the Death Penalty / Detailed Fact Sheet, on 1 January 2012


2012

Campaigning


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This Fact Sheet details the progress made in the past 10 years and challenges ahead, stressing the fact that Death Sentences and Executions Have Decreased, there is a Growing Use of a Moratorium, a Growing Restrictions on the Scope of the Death Penalty: Elimination of Mandatory Death Sentences, Growing Restrictions on the Scope of the Death Penalty, Growing Support for the UN General Assembly Resolutions Calling for a Moratorium, Increasing Ratifications of the Protocols to Abolish the Death Penalty, Growing International Statements and a Growing Abolitionist Movement.

  • Document type Campaigning
  • Themes list Trend Towards Abolition,

Document(s)

Counting the Condemned

By Justice Project Pakistan, on 1 January 2018


2018

NGO report


More details See the document

Counting the Condemned contains some shocking revelations. There has been almost a 35 percent reduction in Pakistan’s death row population, but we still account for 26 percent of the world’s death row. Every 8th person executed in the world is a Pakistani. And convictions are often so wrongful, an appellate bench of the Supreme Court has overturned a whopping 85 percent of death sentences since 2014.

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

Document(s)

Myanmar: The Administration Of Justice – Grave And Abiding Concerns

By Amnesty International, on 8 September 2020


2020

NGO report

Myanmar


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This report discusses Amnesty International’s concern about political imprisonments in Myanmar. Arbitrary arrests; torture and ill-treatment during incommunicado detention; unfair trials; and laws which greatly curtail the rights to freedom of expression and assembly continue as major obstacles to the improvement in the State Peace and Development Council’s human rights record. The section dedicated to the death penalty talks about the death penalty system in relation to specific cases.

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

Document(s)

How to Work with the African Commission on Human and Peoples’ Rights

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


Academic report

fr
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The World Coalition has developed and published a training manual on working with the African Union’s human rights organ, the African Commission on Human and People’s Rights (ACHPR). This how-to guide was created specifically for civil society to help encourage successful interaction with the ACHPR, a growing and influential human rights mechanism on the continent.

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

arrufres
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The present report details the activities of the Special Rapporteur in 2009 and the first four months of 2010. This is the final report to the Human Rights Council by Philip Alston in his capacity as Special Rapporteur. It analyses the activities and working methods of the mandate over the past six years, and identifies important issues for future research. Detailed addenda to this report address: (a) accountability for killings by police; (b) election-related killings; and (c) targeted killings.

Document(s)

The Universal Declaration of Human Rights

By United Nations, on 1 January 1948


1948

United Nations report

arrufrzh-hantes
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On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.” Article 3 – Everyone has the right to life, liberty and security of person.

Document(s)

Convention on the Rights of the Child

By United Nations, on 1 January 1989


1989

United Nations report

arrufrzh-hantes
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Article 37States Parties shall ensure that:(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age.

Document(s)

Muzzling critical voices: Politicized trials before Saudi Arabia’s Specialized Criminal Court

By Amnesty International, on 8 September 2020


2020

NGO report

Saudi Arabia

aresarfr
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Despite the Saudi Arabian authorities’ rhetoric about reforms, they have unleashed an intense crackdown on citizens promoting change in the last few years. One of the instruments of that repression has been the Specialized Criminal Court (SCC), which was set up in 2008 to try individuals accused of terror-related crimes. Amnesty International has documented the cases of 95 individuals who were tried before the SCC between 2011 and 2019. It has concluded that the SCC’s judges have presided over grossly unfair trials, handing down prison sentences of up to 30 years and numerous death sentences, in an effort to silence dissent.

Document(s)

Capital Punishment: New Perspectives

By Peter Hodgkinson / Ashgate Publishing, on 1 January 2013


2013

Book


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

  • Document type Book

Document(s)

Convicting the Innocent

By Samuel R. Gross / Annual Review of Law and Social Science, on 1 January 2008


2008

Article

United States


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Almost everything we know about false convictions is based on exonerations in rape and murder cases, which together account for only 2% of felony convictions. Within that important but limited sphere we have learned a lot in the past 30 years; outside it, our ignorance is nearly complete. This review describes what we now know about convicting the innocent: estimates of the rate of false convictions among death sentences; common causes of false conviction for rape or murder; demographic and procedural predictors of such errors. It also explores some of the types of false convictions that almost never come to light—innocent defendants who plead guilty rather than go to trial, who receive comparatively light sentences, who are convicted of crimes that did not occur (as opposed to crimes committed by other people), who are sentenced in juvenile court—in fact, almost all innocent defendants who are convicted of any crimes other than rape or murder. Judging from what we can piece together, the vast majority of false convictions fall in these categories. They are commonplace events, inconspicuous mistakes in ordinary criminal investigations that never get anything close to the level of attention that sometimes leads to exoneration.

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

Document(s)

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

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


2007

Article

United States


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

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

Document(s)

Capital Punishment at the United Nations: Recent Developments

By Ilias Bantekas / Peter Hodgkinson / Criminal Law Forum, on 1 January 2000


2000

Article


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The article discusses the difficulties and controversies surrounding the 1999 Draft Resolution on the Death Penalty to the United Nations General Assembly.

  • Document type Article
  • Themes list Networks,

Document(s)

Myth of the hanging tree: stories of crime and punishment in territorial New Mexico

By Robert J. Torrez / University of New Mexico Press, on 1 January 2008


2008

Book

United States


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The haunting specter of hanging trees holds a powerful sway on the American imagination, conjuring images of rough-and-tumble frontier towns struggling to impose law and order in a land where violence was endemic. In this thoughtful study, former New Mexico State Historian Robert Torrez examines several fascinating criminal cases that reveal the harsh and often gruesome realities of the role hangings, legal or otherwise, played in the administration of frontier justice. At first glance, the topic may seem downright morbid, and in a sense it is, but these violent attempts at justice are embedded in our perception of America’s western experience. In tracing territorial New Mexico’s efforts to enforce law, Torrez challenges the myths and popular perceptions about hangings and lynching in this corner of the Wild West.

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

Document(s)

جماربو حنِملاو ق

By She was convicted for infanticide in 1895 and became the only woman ever hanged in New Zealand. He was a young lad from Bluff who was shot for desertion in World War I. Now Minnie Dean and Victor Spencer share their stories with you—just hours before their planned executions by the state., on 1 January 2013


2013

Working with...


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يق |ناسنلإا قوقحل ةيماسلا ةدحتملا مملأا ةيضوفم بتكم / | |2013||externe | | http://www.ohchr.org/Documents/AboutUs/CivilSociety/OHCHRFundsGuide_ar.pdf|OHCHR-2013|Academic report|International law, Networks, |
en12671|OHCHR Practical Guide for Civil Society: Human Rights Funds, Grants and Fellowships|This Practical Guide – the fourth in the series of practical guides for civil society – provides a brief description of funding sources, grants and fellowships administered by or with the participation of the Office of the United Nations High Commissioner for Human Rights (OHCHR). |Office of the United Nations High Commissioner for Human Rights / | |2013||externe | | http://www.ohchr.org/Documents/AboutUs/CivilSociety/OHCHRFundsGuide_en.pdf|OHCHR-2013|Academic report|International law, Networks, |
en12670|Fighting for Their Lives: Inside the Experience of Capital Defense Attorneys|How do attorneys who represent clients facing the death penalty cope with the stress and trauma of their work? Through conversations with twenty of the most experienced and dedicated post-conviction capital defenders in the United States, Fighting for Their Lives explores this emotional territory for the first time|Susannah Sheffer / Vanderbilt University Press / | |2013|United States|externe | | http://www.susannahsheffer.com/fighting-for-their-lives.html||Book|Country/Regional profiles, |
en12669|Invers Theatre Company presents A Cry Too Far From Heaven”

  • Document type Working with...
  • Themes list Academic report

Document(s)

Shepherds and Butchers

By Oliver Schmitz, on 1 January 2016


2016

Legal Representation


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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,

Document(s)

Capital Punishment As Human Sacrifice: A Societal Ritual as Depicted in George Elliot’s Adam Bede

By Roberta M. Harding / Buffalo Law Review 48, 175-248, on 1 January 2000


2000

Article

United States


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The ritual slaughter of humans for sacrificial purposes has an ancient provenance. Few members of modern society would be inclined to believe that killing humans for sacrificial purposes continues. Of those, most probably envision it only being practiced by individuals who belong to “uncivilized,” or non-“First-World” cultures. Upon closer scrutiny, however, it becomes apparent that this is a misconception because the past and present practice of capital punishment includes a thinly disguised manifestation of the ritualized killing of people, otherwise known as human sacrifice. The purpose of this article is to identify, describe, and analyze the historic and contemporary connection between the practices of capital punishment and human sacrifice. After describing how human sacrifice constitutes an integral component of capital punishment, it will be argued that the institutionalization of this antiquated barbaric ritual, vis-a-vis the use of capital punishment, renders the present use of the death penalty in the United States incompatible with “the evolving standards of decency that mark the progress of a maturing society”; and that consequently, this facet of capital punishment renders the penalty at odds with the Eighth Amendment’s prohibition against the infliction of “cruel and unusual” punishments.

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

Document(s)

The Codemned: Bali 9

By Dateline / SBS, on 1 January 2010


2010

Legal Representation


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Two of the Bali Nine have been speaking publicly for the first time… just days ahead of final hearings on whether their death sentences for drug trafficking will be carried out.Dateline reporter Mark Davis gained exclusive access to Myuran Sukumaran and Andrew Chan in the ‘death tower’ at Indonesia’s Kerobokan Prison.They talk openly about their lives then and now, what they think of their crimes, and the prospect of facing death by firing squad.Mark also hears first-hand of the heartache for their families back in Australia, as they wait to hear if their pleas for clemency will be granted.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Finality Without Fairness: Why We Are Moving Towards Moratoria on Executions, and the potential Abolition of Capital Punishment

By Ronald J. Tabak / Connecticut Law Review, on 1 January 2001


2001

Article

United States


More details See the document

In the past several years, there has been a marked change in the climate with regard to public discourse about the death penalty in the United States. This is partly due to advances in DNA technology. This Article, in Part II, will address the impact that DNA testing has had on public discourse on capital punishment. In Part III, it will discuss the overall context in which public discourse has changed, and its likely impact on judges, prosecutors and governors dealing with capital cases. Finally, in Part IV, it will consider the broader implications of this change in climate, in leading to a moratorium on executions in Illinois, consideration of moratoria elsewhere, and potentially to abolition of capital punishment in this country.

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

Document(s)

Capital Punishment and American Exceptionalism

By Carol S. Steiker / Duke Law School, on 1 January 2002


2002

Article

United States


More details See the document

At the same time, the countries that most vigorously employ the death penalty are generally ones that the United States has the least in common with politically, economically, or socially, and ones that the United States is wont to define itself against, as they are among the least democratic and the worst human rights abusers in the world. In recent years, the top five employers of capital punishment were China, the Democratic Republic of Congo, Iran, Saudi Arabia and the United States.3 Moreover, in the past twelve years, only seven countries in the world are known to have executed prisoners who were under 18 years old at the time of their crimes: the Democratic Republic of Congo, Iran, Nigeria, Pakistan, Saudi Arabia, Yemen and the United States.

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

Document(s)

A Stolen Life: The Debra Milke Story

By Jana Bommersbach, on 1 January 2019


2019

Book

United States


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Arizona said Debra Milke was a baby killer. Phoenix Homicide Detective Armando Saldate testified she “confessed” to having her four-year-old son murdered when he thought he was going to see Santa. In 1990, she ended up exactly where most thought she deserved–the only woman on Arizona’s death row. This compelling investigative work by one of Arizona’s most acclaimed journalists takes readers inside the case–inside the prison, inside the evidence, inside the breakdown of justice, inside the legal tenacity, inside the heart and mind of Debra Milke.

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

Document(s)

Raise the Proof: A Default Rule for Indigent Defense

By Adam M. Gershowitz / Connecticut Law Review, on 1 January 2007


2007

Article

United States


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Almost everyone agrees that indigent defense in America is underfunded, but workable solutions have been hard to come by. For the most part, courts have been unwilling to inject themselves into legislative budget decisions. And, when courts have become involved and issued favorable decisions, the benefits have been only temporary because once the pressure of litigation disappears so does a legislature’s desire to appropriate more funding. This Article proposes that if an indigent defense system is under-funded, the state supreme court should impose a default rule raising the standard of proof to “beyond all doubt” to convict indigent defendants. The legislature would then have the opportunity to opt out of this higher standard of proof by providing enough funding to bring defense lawyers’ caseloads within well-recognized standards or by providing funding parity with prosecutors’ offices. Such an approach will create an incentive for legislatures to adequately fund indigent defense without miring courts in detailed supervision of legislative budget decisions. At the same time, because courts can check once per year to determine whether there is funding parity with prosecutors’ offices or compliance with caseload guidelines, there will be constant pressure on legislatures to maintain adequate funding in order to avoid the higher standard of proof.

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

Document(s)

2015 World Day Report

By World Coalition Against the Death Penalty, on 1 January 2016


2016

NGO report

fr
More details Download [ pdf - 2276 Ko ]

On 10 October 2015, the World Coalition Against the Death Penalty along with abolitionist activists worldwide marked the 13th World Day against the Death Penalty by drawing attention to the death penalty for drug crimes. This report presents the activities organised for the 13th world day and the media coverage it received.

Document(s)

A Guide to Sentencing in Capital Cases

By The Death Penalty Project, on 1 January 2007


2007

Working with...


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Recent years have seen a number of ground-breaking judicial decisions on the mandatory death penalty in various Caribbean and African jurisdictions. In analysing these developments, this manual addresses the key issues that arise in the sentencing and resentencing of offenders following the abolition of the mandatory death penalty for particular crimes. It deals with the general test to be applied when deciding whether an offender should be sentenced to a discretionary death penalty. It also addresses the aggravating and, in particular, mitigating considerations relevant to the sentencing exercise and procedural issues that arise as a result of the discretion now vested in the courts to impose an appropriate sentence in each case.

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

Document(s)

Vietnam: From “Vision” to Facts: Human Rights in Vietnam under its Chairmanship of ASEAN

By Vietnam Committee on Human Rights / International Federation for Human Rights (FIDH) / Quê Me: Action for Democracy in Vietnam, on 8 September 2020


2020

NGO report

Viet Nam


More details See the document

The use of the death penalty is frequent in the Socialist Republic of Vietnam. In 2009, the government reduced the number of offences punishable by death from 29 to 22. Capital punishment is applied for crimes including murder, armed robbery, drug trafficking, rape, sexual abuse of children, and a range of economic crimes. Execution is by firing squad. A draft law was introduced in November 2009 proposing the use of two methods of execution, either by firing squad or by lethal injection. Statistics on the number of death sentences and executions are not made public. Indeed, following criticisms by international human rights organisations, in January 2004, Vietnam adopted a decree classifying death penalty statistics as “state secrets”. According to the Vietnamese and international press, at least 100 people are executed each year in Vietnam. In 2007, 104 death sentences were pronounced, including 14 women. In 2010, the official legal magazine Phap Luat (Law) reported 11 death sentences for the month of January alone.

  • Document type NGO report
  • Countries list Viet Nam
  • Themes list Death Row Conditions, Firing Squad,

Document(s)

Executions by County in the United States

By Death Penalty Information Center, on 1 January 2011


2011

NGO report


More details See the document

Although counties do not carry out executions, in almost all states the decision to seek the death penalty is made by the county district attorney. A small number of counties are responsible for a disproportionate number of the executions in the United States. Search results can be sorted by county.

  • Document type NGO report

Document(s)

Nigeria: Waiting for the Hangman

By Amnesty International, on 1 January 2008


2008

NGO report

fr
More details See the document

More than 720 men and 11 women are under sentence of death in Nigeria’s prisons. They have one thing in common, beyond not knowing when they will be put to death. They are poor. From their first contact with the police, through the trial process, to seeking pardon, those with the fewest resources are at a serious disadvantage. This text describes the treatment of the death penalty in Nigeria.

Document(s)

Don’t Take His Eye, Don’t Take His Tooth, and Don’t Cast the First Stone: Limiting Religious Arguments in Capital Cases

By John Blume / Sheri Lynn Johnson / William and Mary Bill of Rights Journal, on 1 January 2000


2000

Article

United States


More details See the document

Religious arguments in the course of particular capital sentencing proceedings are very common. This may be in part because capital punishment jurisprudence, unlike the jurisprudence of reproductive rights or segregation, has itself mandated individualized decision-making. Public discussion of whether religious principles or authority compel (or preclude) the imposition of the death penalty for all police killings (or, more broadly, all killings) has been largely mooted by the Supreme Court’s determination that mandatory death penalty statutes violate the Eighth Amendment.

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

Document(s)

Guided Jury Discretion in Capital Murder Cases: The Role of Declarative and Procedural Knowledge

By Richard L. Wiener / Psychology, Public Policy and Law / Melanie Rogers / Ryan Winter / Linda Hurt / Amy Hackney / Karen Kadela / Hope Seib / Shannon Rauch / Laura Warren / Ben Morasco, on 1 January 2004


2004

Article

United States


More details See the document

This article analyzes whether state-approved jury instructions adequately guide jury discretion in the penalty phase of first-degree murder trials. It examines Eighth Amendment jurisprudence regarding guided jury discretion, emphasizing the use of “empirical factors” to examine the quality of state-approved instructions. Psychological research and testimony on the topic of the comprehensibility of jury instructions are reviewed. Data from a recently completed simulation with 80 deliberating juries showed that current instructions do not adequately convey the concepts and processes essential to guiding penalty phase judgments. An additional simulation with 20 deliberating juries demonstrated that deliberation alone does not correct for jurors’ errors in comprehension. The article concludes with recommendations for policy and future research.

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

Document(s)

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

By University of Pittsburgh Law Review / Christof Heyns , on 1 January 2014


2014

International law - United Nations

arrufres
More details See the document

In the present report, the Special Rapporteur provides an overview of hisactivities and considers four topics relating to the protection of the right to life:(a) the role of regional human rights systems; (b) less lethal and unmanned weaponsinlaw enforcement; (c) resumptions of the death penalty; and (d) the role ofstatistical indicators.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the special rapporteur, Ms. Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 1999/35

By United Nations / Asma Jahangir, on 1 January 2000


2000

International law - United Nations

arrufrzh-hantes
More details See the document

In its resolution 1999/35, the Commission on Human Rights requested the Special Rapporteur to continue monitoring the implementation of existing international standards on safeguards and restrictions relating to the imposition of capital punishment, bearing in mind the comments made by the Human Rights Committee in its interpretation of article 6 of the International Covenant on Civil and Political Rights, as well as the Second Optional Protocol thereto.

Document(s)

EU Guidelines: Human Rights and International Humanitarian Law

By Council of the European Union / European Union, on 1 January 2009


2009

Working with...

fr
More details See the document

An integral part of our Human Rights Policy is a series of Guidelines on issues of importance to the Union. These Guidelines are practical tools to help EU representations in the field better advance our policy. The first Guideline, on the Death Penalty, was elaborated in 1998. It was followed by six others focussed on Torture, Dialogues with Third Countries, Children Affected by Armed Conflict, Human Rights Defenders, the Rights of the Child and Violence Against Women. The first five Guidelines were published as a brochure four years ago; this new edition adds those Guidelines adopted since then. In preparation for publishing this booklet, all of the older Guidelines underwent a review and renovation to reflect changes both in the Union and the external environment that have taken place since 2005. There is one other innovation in the edition you hold in your hands: for the first time, we have included a guideline developed in 2005 by Member State legal experts on the topic of International Humanitarian Law. Because of the explosive growth of operations and missions conducted under the European Security and Defence Policy and as a result of our conviction that counterterrorism be conducted within the framework of international law, the Guideline on IHL is growing in importance.

Document(s)

COMPETENT CAPITAL REPRESENTATION: THE NECESSITY OF KNOWING AND HEEDING WHAT JURORS TELL US ABOUT MITIGATION

By John H. Blume / Sheri Lynn Johnson / Scott E. Sundby / Hofstra Law Review, on 1 January 2008


2008

Article

United States


More details See the document

While there are antecedent factual determinations jurors must make, including the existence of a statutory aggravating circumstance, the final decision the jurors must make is not factual in nature. As the courts have noted, this is an “awesome responsibility,” and the jury must make a “reasoned moral” decision whether life imprisonment without the possibility of parole or the death penalty is the appropriate punishment.

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

Document(s)

Stress and the Capital Jury: How Male and Female Jurors React to Serving on a Murder Trial

By Michael E. Antonio / National Center for State Courts , on 1 January 2008


Academic report


More details See the document

Previous research findings gathered by the Capital Jury Project showed that many jurors whoserved on capital murder trials experienced significant stress and suffered extreme emotionalsetbacks. The present analysis extends these findings by focusing on gender-specific variationsin responses given by male and female jurors as revealed through extensive in-depth inter-views. Findings from structured questions and juror narrative accounts about psychologicaland physical suffering revealed that more females than males reported generalized fear, feltan overwhelming sense of loneliness or isolation, and experienced a significant loss of appetiteduring the trial. While male and female jurors both mentioned becoming emotionally upsetabout the crime-scene evidence and trial testimony, experienced sleeping problems, and start-ed using prescription drugs or illicit substances, these issues were discussed more often byfemales.

  • Document type Academic report
  • Themes list Women, Fair Trial, Arbitrariness,

Document(s)

TESTIMONIALS FROM WOMEN SENTENCED TO DEATH

By World Coalition Against the Death Penalty, on 1 July 2021


2021

Campaigning

Women

fr
More details Download [ pdf - 942 Ko ]

Collection of testimonials of women’s experiences around the world regarding their death sentences- World Day 2021

Document(s)

Mentally Ill Prisoners on Death Row: Unsolved Puzzles for Courts and Legislatures

By Richard J. Bonnie / Catholic University Law Review, on 1 January 2004


2004

Article

United States


More details See the document

This paper focuses on the problems relating to mental illness or other mental disabilities that arise after sentencing, where the underlying values at stake are the dignity of the condemned prisoner and the integrity of the law.

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

Document(s)

Malawian Traditional Leaders’ Perspectives on Capital Punishment

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


2018

NGO report


More details See the document

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

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

Document(s)

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

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


2005

Article

United States


More details See the document

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

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

Document(s)

Chinese Executions: Visualising their Differences with European Supplices

By Bourgon J / European Journal of East Asian Studies, on 1 January 2003


2003

Article

China


More details See the document

European executions obeyed a complex model that the author proposes to call ‘the supplice pattern’. The term supplice designates tortures and tormented executions, but it also includes their cultural background. The European way of executing used religious deeds, aesthetic devices and performing arts techniques which themselves called for artistic representations through paintings, theatre, etc. Moreover, Christian civilisation was unique in the belief that the spectacle of a painful execution had a redemptive effect on the criminals and the attendants as well. Chinese executions obeyed an entirely different conception. They were designed to show that punishment fitted the crime as provided in the penal code. All details were aimed to highlight and inculcate the meaning of the law, while signs of emotions, deeds, words, that could have interfered with the lesson in law were prohibited. In China, capital executions were not organized as a show nor subject to aesthetic representations, and they had no redemptive function. This matter-of-fact way of executing people caused Westerners deep uneasiness. The absence of religious background and staging devices was interpreted as a sign of barbarity and cruelty. What was stigmatised was not so much the facts that their failure to conform to the ‘supplice pattern’ that constituted for any Westerner the due process of capital executions.

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

Document(s)

Anthony Graves: The TT Interview

By Brandi Grissom / The Texas Tribune, on 1 January 2011


2011

Legal Representation


More details See the document

The state of Texas incarcerated him for nearly two decades — and nearly executed him twice — for murders he didn’t commit. And now, the state is balking at giving him the $1.4 million he’s owed for all the years he spent wrongfully imprisoned.

  • Document type Legal Representation
  • Themes list Innocence,

Document(s)

3 questions to Arthur Judah, 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 Nigeria for murder, Arthur Judah was finally released in 2000 after 16 years of incarceration. Today, he works as writer and painter, and fight with us for the abolition of the death penalty.

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

Document(s)

Caribbean Human Development Report – Human Development and the Shift to Better Citizen Security

By United Nations Development Programme, on 8 September 2020


2020

NGO report


More details See the document

The Caribbean Human Development Report reviews the current state of crime as well as national and regional policies and programmes to address the problem in seven English- and Dutch-speaking Caribbean countries: Antigua and Barbuda, Barbados, Guyana, Jamaica, Saint Lucia, Suriname, and Trinidad and Tobago. The new study recommends that Caribbean governments implement youth crime prevention through education, as well as provide employment opportunities that target the marginalized urban poor. A shift in focus is needed it says, from a state protection approach to one that focuses on citizen security and participation, promoting law enforcement that is fair, accountable, and more respectful of human rights.

  • Document type NGO report
  • Themes list Death Penalty,

Document(s)

Physicians Willingness to Participate in the Process of lethal Injection for Capital Punishment

By Joan Weiner / Brian M. Aboff / Neil J. / Farber / Annals of Internal Medecine 135(10), 884-888 / Elizabeth B. Davis / E. Gil Boyer / Peter A. Ubel, on 1 January 2001


2001

Article

United States


More details See the document

Occasionally, physicians’ personal values conflict with their perceived societal duties. One example is the case of lethal injection for the purpose of capital punishment. Some states require that such lethal injections be performed by physicians. At the same time, leading medical societies have concluded that physicians should avoid participating in capital punishment. Physicians’ attitudes toward involvement in capital punishment may depend on how they balance their responsibilities to individuals against their duties to society. Other factors may include a desire to provide a more painless death for the prisoner or concern over the competency of other health care personnel. In a previous survey, we found that a majority of physicians condoned involvement of their fellow physicians in capital punishment. For the current study, we conducted another survey to ascertain physicians’ attitudes about their own involvement in capital punishment, as well as factors associated with these attitudes.

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

Document(s)

Poster World Day 2010

By World Coalition against the death penalty , on 10 October 2010


2010

Campaigning

Trend Towards Abolition

esfr
More details Download [ pdf - 82 Ko ]

Poster World Day against the death penalty 2010

Document(s)

Death Sentences and Executions in 2017

By Amnesty International, on 1 January 2018


2018

NGO report

arfarufres
More details See the document

Amnesty International published its international global review of the death penalty on Tuesday, 12th April 2018.At least 993 executions in 23 countries in 2017 were recorded, down by 4% from 2016 (1,032 executions) and 39% from 2015 (when the organization reported 1,634 executions, the highest number since 1989). China remained the world’s top executioner, but excluding China, 84% of all reported executions took place in just four countries – Iran, Saudi Arabia, Iraq and Pakistan.

Document(s)

#nodeathpenalty – Signs

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


2020

Academic report

farufrzh-hantes
More details Download [ pdf - 42 Ko ]

For this 12th World Day Against the Death Penalty the World Coalition has decided to focus on a social media campaign which it hopes will spread the truth about death penalty more widely than ever before. The concept is simple. People will make signs stating why they are against the death penalty and take a photo of themselves holding that sign and upload it onto a social media platform, with the hashtag #nodeathpenalty. With the photo uploaded, the person will nominate at least 3 people to do the same, thus creating an exponential (snowball) effect. Think of it as a cross between the #bringbackourgirls campaign in support for

Document(s)

Extrajudicial, summary or arbitrary executions

By United Nations, on 1 January 2012


2012

International law - United Nations

rufrzh-hantesar
More details See the document

In States in which the death penalty continues to be used, international law imposes stringent requirements that must be met for it not to be regarded as unlawful. In the present report, the Special Rapporteur considers the problem of error and the use of military tribunals in the context of fair trial requirements. He also examines the constraint that the death penalty may be imposed only for the most serious crimes: those involving intentional killing. Lastly, he considers the issues of collaboration and complicity, in addition to transparency in respect of the use of the death penalty.

Document(s)

Final declaration of the African Congress

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


2018

Article

fr
More details See the document

On 9 and 10 April, more than 300 abolitionists, activists, diplomats, politicians, parliamentarians, lawyers, former death row inmates and citizens gathered in Abidjan for the first African Congress against the death penalty. After two days of debating and sharing experiences, the delegates adopted a final declaration at the closing ceremony.

Document(s)

Pakistan, a long march for democracy and the rule of law

By International Federation for Human Rights (FIDH) / Fatma Cosadia / Odette Lou Bouvier, on 1 January 2009


2009

NGO report

fr
More details See the document

Regularly denounced by human rights associations, violations of the right to a fair trial and inequality before the law for prisoners who face the death penalty are flagrant. Most prisoners belong to the most disadvantaged social classes or to ethnic or religious minorities. Involved in often questionable circumstances, with confessions extracted under frequent beatings and torture, many litigants are not given an adequate defence. To defend these cases, lawyers appointed ex officio receive 200 rupees per hearing (less than 5 U.S. dollars). Often young and inexperienced to deal with procedures not respecting the minimum fair trial guarantees, these lawyers are not in a position to ensure the mandate entrusted to them.

Document(s)

The last executioner: memoirs of Thailand’s last prison executioner

By Chavoret Jaruboon / Nicola Pierce / kindle edition, on 8 September 2020


2020

Book

Thailand


More details See the document

Chavoret Jaruboon was personally responsible for executing 55 prison inmates in Thailand’s infamous prisons. As a boy, he wanted to be a teacher like his father, but his life changed when he chose one of the hardest jobs in the world. Honest and often disturbing – but told with surprising humour and emotion – ‘The Last Executioner’ is the remarkable story of a man who chose death as his vocation.

  • Document type Book
  • Countries list Thailand
  • Themes list Firing Squad,

Document(s)

The Last Supper

By Julie Green, on 1 January 2013


2013

Working with...


More details See the document

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

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

Document(s)

Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate

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


2007

Article

United States


More details See the document

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

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

Document(s)

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

By Daniel S. Medwed / Golden Gate University Law Review, on 1 January 2006


2006

Article

United States


More details See the document

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

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

Document(s)

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

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


2004

Article

United States


More details See the document

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

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

Document(s)

Death Row USA – Spring 2020

By NAACP Legal Defense and Educational Fund, Inc. / Deborah Fins, on 8 September 2020


2020

NGO report

United States


More details See the document

Spring 2020 edition of Death Row USA, on the situation of the death penalty in the USA as of April 2020

  • Document type NGO report
  • Countries list United States
  • Themes list Statistics,

Document(s)

Casebook of Forensic Psychiatric Practice in Capital Cases

By The Death Penalty Project / Marc Lyall, 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 Casebook uses real-life examples to address ethical and professional questions and explore the application of legal principles.

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

Document(s)

Death and Harmless Error: A Rhetorical Response to Judging Innocence

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


2011

Article

United States


More details See the document

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

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

Document(s)

Creating More Victims: How Executions Hurt the Families Left Behind

By Robert Renny Cushing / Susannah Sheffer / Murder Victims' Families for Human Rights, on 1 January 2005


2005

NGO report


More details See the document

This report, released appropriately on International Human Rights Day, serves to strip away the “conspiracy of silence” and give voice to a group of victims who have for too long been largely ignored in the debate surrounding the death penalty: the families of the executed.

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

Document(s)

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

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


2020

Article

United States


More details See the document

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

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

Document(s)

The Use of Peremptory Challenges in Capital Murder Trials: A Legal and Empirical Analysis

By George Woodworth / David C. Baldus / David Zuckerman / University of Pennsylvania Journal of Constitutional Law / Neil Alan Weiner / Barbara Broffitt, on 1 January 2001


2001

Article

United States


More details See the document

One of the largely unique aspects of the American jury system is that it confers upon the parties the unilateral power – in the form of peremptory challenges – to remove prospective jurors for any non-racial or non-gender-based reason. This article presents an overview of the literature on peremptory challenges, and an empirical analysis of their use in Philadelphia capital cases in the 1980s and 1990s.

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

Document(s)

Death Sentences and Executions 2018

By Amnesty International, on 1 January 2019


2019

NGO report

arfarufres
More details See the document

Document(s)

Survivor on Death Row

By Amazon Digital Services / Clare Nonhebel, on 1 January 2012


2012

Book

United States


More details See the document

Survivor on Death Row, a new e-book co-authored by death row inmate Romell Broom and Clare Nonhebel, tells the story of Ohio’s botched attempt to execute Broom by lethal injection in 2009. In September of that year, Broom was readied for execution and placed on the gurney, but the procedure was terminated after corrections officials spent over two hours attempting to find a suitable vein for the lethal injection.

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

Document(s)

Life After Death Row: Exonerees’ Search for Community and Identity

By Kimberly J Cook / Saundra D Westervelt / Rutgers University Press, on 1 January 2012


Book

United States


More details See the document

n Life After Death Row: Exonerees’ Search for Community and Identity, the authors focus on three central areas affecting those who had to begin a new life after leaving years of severe confinement: the seeming invisibility of these individuals after their release; the complicity of the justice system in allowing that invisibility; and the need for each of them to confront their personal trauma

  • Document type Book
  • Countries list United States

Document(s)

#nodeathpenalty – Flyer

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


2020

Academic report

fr
More details Download [ pdf - 71 Ko ]

For this 12th World Day Against the Death Penalty the World Coalition has decided to focus on a social media campaign which it hopes will spread the truth about death penalty more widely than ever before. The concept is simple. People will make signs stating why they are against the death penalty and take a photo of themselves holding that sign and upload it onto a social media platform, with the hashtag #nodeathpenalty. With the photo uploaded, the person will nominate at least 3 people to do the same, thus creating an exponential (snowball) effect.

  • Document type Academic report
  • Themes list Public opinion, Trend Towards Abolition,
  • Available languages #nodeathpenalty - Flyer

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Asma Jahangir

By United Nations / Asma Jahangir, on 1 January 2003


2003

International law - United Nations

frzh-hantesarru
More details See the document

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Ms. Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 2001/45

By United Nations / Asma Jahangir, on 1 January 2002


2002

International law - United Nations

arrufrzh-hantes
More details See the document

The report also discusses the issue of capital punishment and makes reference to death penalty cases in which the Special Rapporteur has intervened in reaction to reports that the sentences concerned had been passed in violation of international restrictions and human rights standards.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Philip Alston

By United Nations / Philip Alston, on 1 January 2004


2004

International law - United Nations

arfrzh-hantesru
More details See the document

This report is submitted pursuant to Commission resolution 2005/34, and should be read in conjunction with its various addenda. They provide the following: a detailed analysis of communications sent to Governments which describe alleged cases of extrajudicial executions; reports on country missions to Nigeria and Sri Lanka during 2005; a report on the principle of transparency in relation to the death penalty; and several reports aimed at following up on earlier country missions to the Sudan, Brazil, Honduras and Jamaica.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 2002/36

By United Nations / Asma Jahangir, on 1 January 2003


2003

International law - United Nations

arrufrzh-hantes
More details See the document

The report also discusses the issue of capital punishment and makes reference to death penalty cases in which the Special Rapporteur has intervened in reaction to reports that the sentences concerned had been passed in violation of international restrictions and human rights standards.

Document(s)

The Inferno: A Southern Morality Tale

By Joseph Ingle / Westview Publishing, on 1 January 2012


2012

Book

United States


More details See the document

chronicles the compelling story of Philip Workman, who was executed in Tennessee in 2007. The author, a minister of the United Church of Christ who has spent decades working with those on death row, served as Mr. Workman’s pastor and tells the story from his own viewpoint, as well as those of others familiar with the case.

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

Document(s)

Statement on Executions in the USA

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


2020

World Coalition

fr
More details Download [ pdf - 589 Ko ]

Following the botched execution of Clayton Lockett in Oklahoma on 29 April, the United Nations called on the United States to suspend executions in the face of potential international law violations. The World Coalition supports this call.

Document(s)

PAKISTAN: The State of Human Rights in 2011

By Human Rights Commission of Pakistan (HRCP) / Asian Human Rights Commission, on 1 January 2011


2011

NGO report


More details See the document

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,

Document(s)

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

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


2019

Article

Bangladesh


More details See the document

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

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

Document(s)

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

By Human Rights Watch, on 1 January 2006


2006

NGO report


More details See the document

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

  • Document type NGO report
  • Themes list Lethal Injection,

Document(s)

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

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


2001

Article

United States


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

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

Document(s)

Cross-National Variability in Capital Punishment: Exploring the Sociopolitical Sources of Its Differential Legal Status

By Terance D. Miethe / Hong Lu / Gini R. Deibert / International Criminal Justice Review, on 1 January 2005


2005

Article


More details See the document

Guided by existing macrolevel theories on punishment and society, the present study explores the independent and conjunctive effects of measures of sociopolitical conditions on the legal retention of capital punishment in 185 nations in the 21st century. Significant correlations are found between a nation’s retention of legal executions for ordinary crimes and its level of economic development, primary religious orientation, citizens’ voice in governance, political stability, and recent history of extrajudicial executions. Subsequent multivariate analyses through qualitative comparative methods reveal substantial context-specific effects and wide variability in legal retention even within countries with similar sociopolitical structures. These results are then discussed in terms of their theoretical implications for future cross-national research on punishment and society.

  • Document type Article
  • Themes list Networks,

Document(s)

Swahili – Ripoti ya kimataifa ya amnesty international: hukumu za kifo na watu walioadhibiwa kifo 2023

on 29 May 2024


2024

NGO report

Trend Towards Abolition


More details Download [ pdf - 1806 Ko ]

Ufuatiliaji wa Amnesty International wa matumizi ya adhabu ya kifo duniani ulibaini watu
1,153 wanaofahamika kuwa walinyongwa mwaka 2023, ambalo ni ongezeko la asilimia
31 kutoka 883 mwaka 2022. Hata hivyo nchi zinazowanyonga watu zilipungua kwa
kiwango kikubwa kutoka 20 mwaka 2022 hadi 16 mwaka 2023

  • Document type NGO report
  • Themes list Trend Towards Abolition

Document(s)

Taking Capital Punishment Seriously

By Franklin E. Zimmering / David T. Johnson / Asian Journal of Criminology, on 1 January 2006


2006

Article


More details See the document

Although Asia is the most important region of the world when it comes to capital punishment, it is also one of the most understudied. This article identifies four research questions that deserve attention from students and scholars who believe taking capital punishment seriously requires studying Asia seriously too. What are the empirical contours of capital punishment in contemporary Asia? What are the histories of capital punishment in Asia? Can Western theories of capital punishment explain patterns and changes in Asia? And what is the future of capital punishment in Asia? If researchers take the trouble to explore these questions, the death penalty will not only become an interesting window into law and society in Asia, but Asia will prove to be an instructive window into the death penalty—the gravest real-life problem in the law.

  • Document type Article
  • Themes list Networks,

Document(s)

Imposing a Cap on Capital Punishment

By Adam M. Gershowitz / Missouri Law Review 72(1), 73-124., on 1 January 2007


2007

Article

United States


More details See the document

This article argues that because prosecutors have discretion to seek the death penalty in too many cases, they lack the incentive to police themselvesand choose carefully. Put simply, because there are few legal constraints — and virtually no political constraints — on the sheer number of cases in which prosecutors can pursue the death penalty, the Government is not under sufficient pressure to limit its use of capital punishment to only the most heinous cases. As a result, two things happen. First, the death penalty is sought and meted out in some cases, which though terrible, are no worse than the thousands of other murder cases in which prosecutors pursue only life imprisonment. Second, because prosecutors file too many capital cases, the criminal justice system lacks the resources to focus sufficient attention on each one.

  • Document type Article
  • Countries list United States
  • Themes list Arbitrariness, Most Serious Crimes,

Document(s)

An Innocent Man: Hakamada Iwao and the Problem of Wrongful Convictions in Japan

By David T. Johnson / The Asia-Pacific Journal, on 1 January 2015


2015

Article

Japan


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The main aim of this article is to explore the problem of wrongful convictions in Japanese criminal justice by focusing on the case of Hakamada Iwao, who was sentenced to death in 1968 and released in 2014 because of evidence of his innocence.

  • Document type Article
  • Countries list Japan
  • Themes list Fair Trial, Innocence,

Document(s)

Fight for Life on Death Row (Greg Tomson)

By 60 Minutes / CBS News, on 1 January 2008


2008

Legal Representation


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This video explores the case of Greg Tomson who killed a 28 year woman. Originally he was seen as competent to stand trial, now his defense who are appealing his case, are trying to show that Tomson was not mentally stable when he committed the crime and also that he does not understand why the state is seeking the death penalty against him.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

SUSPENSE: TWELVE YEARS LIVING AND LONGING ON DEATH ROW

By Marit Lund Bødtker, on 1 January 2018


2018

Book


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Story of Ivan Ray Murphy Jr who was condemned to death for murder. Over a period of ten years and through the medium of more than a hundred letters, Murphy, who was known as Pee-Wee, shared his innermost thoughts with his twenty years older Norwegian pen friend, the author of this book, Marit Lund Bødtker. The author twice travelled to the prison in Huntsville, Texas, where Murphy was held and from where he worked tirelessly to regain his freedom. ‘Whether he is innocent, as he claims to be, or guilty, Murphy is first and foremost a human being, a man with his own personal strengths and weaknesses, dreams and aspirations. In all probability readers will sometimes find themselves agreeing with him, at other times totally at variance with his conduct and opinions, just as they do with other people they meet or read about.’ From the afterword by John Peder Egenæs, Secretary General, Amnesty International Norway

  • Document type Book
  • Themes list Innocence,

Document(s)

The North Carolina Racial Justice Act

By North Carolina Coalition For A Moratorium / YouTube, on 1 January 2009


2009

Arguments against the death penalty


More details See the document

House Bill 472 and Senate Bill 461, known as The North Carolina Racial Justice Act, addresses racial discrimination in capital sentencing. This video featuring death row exonoree Edward Chapman, talks about racial bias and how the Racial Justice Act attempts to assure that race would not play a role in who gets the death penalty.

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

Document(s)

Executions per Death Sentence

By Death Penalty Information Center, on 1 January 2010


2010

NGO report


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Executions per Death Sentence, with cumulative death sentences (1977 through 2010), cumulative executions (1977 through 2010) and executions per death sentence, per State.

  • Document type NGO report

Document(s)

Poster World Day 2003

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


2003

Campaigning

Trend Towards Abolition

fr
More details See the document

Poster World Day 2003

Document(s)

Factsheet for Judges – 2020 World Day

By World Coalition Against the Death Penalty / The Advocates for Human Rights, on 8 September 2020


2020

Academic report

en
More details Download [ pdf - 237 Ko ]

On the occasion of the 2020 World Day, focusing on the right to access to counsel, The Advocates for Human Rights and the World Coalition Against the Death Penalty released a facthsheet for judges.

Document(s)

2016 World Day report

By World Coalition Against the Death Penalty, on 1 January 2017


2017

NGO report

fr
More details Download [ pdf - 1151 Ko ]

On 10 October 2016, the World Coalition Against the Death Penalty along with abolitionist activists worldwide marked the 13th World Day against the Death Penalty by drawing attention to the death penalty for terrorism. This report presents the activities organised for the 13th world day and the media coverage it received.

Document(s)

Just Mercy: A Story of Justice and Redemption

By Bryan Stevenson / Spiegel & Grau, on 1 January 2014


2014

Book

United States


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Bryan Stevenson, founder of the Equal Justice Initiative in Alabama, has written a new book, Just Mercy, about his experiences defending the poor and the wrongfully convicted throughout the south. It includes the story of one of Stevenson’s first cases as a young lawyer, that of Walter McMillian, who was eventually exonerated and freed from death row. McMillian, a black man, had been convicted of the murder of a white woman in Monroeville, Alabama. His trial lasted just a day and a half, prosecutors withheld exculpatory evidence, and the judge imposed a death sentence over the jury’s recommendation for life. Archbishop Desmond Tutu said of the book, “Bryan Stevenson is America’s young Nelson Mandela, a brilliant lawyer fighting with courage and conviction to guarantee justice for all. Just Mercy should be read by people of conscience in every civilized country in the world to discover what happens when revenge and retribution replace justice and mercy. It is as gripping to read as any legal thriller, and what hangs in the balance is nothing less than the soul of a great nation.”

  • Document type Book
  • Countries list United States
  • Themes list Due Process , Fair Trial, Death Penalty,

Document(s)

List of signatories to the Second Optional Protocol by region

By World Coalition Against the Death Penalty, on 1 January 2014


Lobbying

fr
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List of states that have signed and/or ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights. Classifyied by region of the world as of 1st July 2011.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Philip Alston

By United Nations / Philip Alston, on 1 January 2004


2004

International law - United Nations

arrufrzh-hantes
More details See the document

Document(s)

Flyer for the UN Protocol Ratification Campaign

By World Coalition Against the Death Penalty, on 1 January 2017


2017

Lobbying

esfr
More details Download [ pdf - 645 Ko ]

This leaflet gives details about the importance of the Protocol for the abolitionist movement and explains the reasons behind this ratification campaign.

Document(s)

The Dark Room

By Amnesty International - Italy / Istituto Europeo di Design, on 1 January 2010


2010

Working with...


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The dark room was a photography exhibition planned as part of a project lunched by Amnesty International Italy under the title “I am against the death penalty because…”. The exhibition was held in Rome at Palazzo delle Exposizioni, Sala della Fontana, from 8th to 20th June 2010.

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