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Document(s)
AMERICAN CONVENTION ON HUMAN RIGHTS “PACT OF SAN JOSE, COSTA RICA”
By Organization of American States, on 8 September 1969
1969
United Nations report
esMore details See the document
Article 4. Right to Life1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
- Document type United Nations report
- Themes list International law, Right to life,
- Available languages CONVENCION AMERICANA SOBRE DERECHOS HUMANOS "PACTO DE SAN JOSE DE COSTARICA"
Document(s)
Courtroom Contortions: How America’s application of the death penalty erodes the principle of equal justice under law
By Anthony G. Amsterdam / American Prospect, on 8 September 2020
2020
Article
United States
More details See the document
One cost this country pays for the death penalty is that its courts are constantly compelled to corrupt the law in order to uphold death sentences. That corruption soils the character of the United States as a nation dedicated to equal justice under law.This is not the only price we pay for being one of the very few democracies in the world that retains capital punishment in the 21st century. But it is a significant item on the cost side of the cost-benefit ledger, something that each thinking person ought to balance in deciding whether he or she supports capital punishment. And it warrants discussion because this cost is little understood. I have spent much of my time for the past 40 years representing death-sentenced inmates in appeals at every level of the state and federal judicial systems, and I am only lately coming to realize how large a tax the death penalty imposes on the quality of justice in those systems.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
ON REDUCING WHITE SUPPORT FOR THE DEATH PENALTY: A PESSIMISTIC APPRAISAL
By Steven F. Cohn / Steven E. Barkan / Criminology and Public Policy, on 1 January 2005
2005
Article
United States
More details See the document
As Soss et al. (2003) point out, whites are the most influential racial groupand support the death penalty much more than blacks do. In the 2002GSS, 69.8% of whites favored the death penalty, compared with only42.1% of blacks. If white support for the death penalty was as low as blacksupport, it would be much more difficult for the Supreme Court to believethat “evolving standards of decency” had not evolved against capitalpunishment.
- Document type Article
- Countries list United States
- Themes list Public opinion, Public debate,
Document(s)
THE JURY IN THE TWENTY – FIRST CENTURY: AN INTERDISCIPLINARY CONFERENCE
By William J. Bowers / Ursula Bentele / Brooklyn Law Review, on 8 September 2020
2020
Article
United States
More details See the document
The first section below describes how, for many jurors, the decision about guilt appears to be so overwhelming that it prevents truly separate decision making about punishment. The second section focuses on the degree to which jurors feel constrained by what they view as a requirement to impose death if certain aggravating factors are present in the case. And finally, the third section explores the way in which mitigating evidence, even when it appears to have been extensive and credible, is ignored, devalued, or discredited.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
New Claims about Executions and General Deterrence: Déjà Vu All Over Again?
By Richard Berk / Journal of Empirical Legal Studies, on 1 January 2005
2005
Article
United States
More details See the document
A number of papers have recently appeared claiming to show that in the United States executions deter serious crime. There are many statistical problems with the data analyses reported. This paper addresses the problem of “influence,” which occurs when a very small and atypical fraction of the data dominate the statistical results.
- Document type Article
- Countries list United States
- Themes list Deterrence ,
Document(s)
Ten Years of Payne: Victim Impact Evidence in Capital Cases
By John H. Blume / Cornell Law Review, on 1 January 2003
2003
Article
United States
More details See the document
Part I of this Article will discuss the Court’s prior decisions in Booth and Gathers, and Parts II and III will briefly attempt to clarify the parameters of the Payne holding. Part IV of this Article will survey the current legal landscape of state and federal practice regarding the admissibility of VIE and argument. Finally, this Article will offer in conclusion some brief perspectives on several unresolved issues in this particularly thorny (and misguided) area of capital punishment jurisprudence.
- Document type Article
- Countries list United States
- Themes list Murder Victims' Families,
Document(s)
Uses and Abuses of Empirical Evidence in the Death Penalty Debate
By John J. Donohue / Stanford Law Review / Justin Wolfers, on 1 January 2005
2005
Article
United States
More details See the document
Over much of the last half-century, the legal and political history of the death penalty in the United States has closely paralleled the debate within social science about its efficacy as a deterrent. The injection of Ehrlich’s conclusions into the legal and public policy arenas, coupled with the academic debate over Ehrlich’s methods, led the National Academy of Sciences to issue a 1978 report which argued that the existing evidence in support of a deterrent effect of capital punishment was unpersuasive. Over the next two decades, as a series of academic papers continued to debate the deterrence question, the number of executions gradually increased, albeit to levels much lower than those seen in the first half of the twentieth century
- Document type Article
- Countries list United States
- Themes list Deterrence ,
Document(s)
Breaking new ground: The need for a protocol to the African Charter on the abolition of the death penalty in Africa
By Lilian Chenwi / African Human Rights Law Journal, on 1 January 2005
Article
More details See the document
The question addressed in this article is whether there is need for a protocol on the abolition of the death penalty in Africa. The African Charter on Human and Peoples’ Rights (African Charter)2 makes no mention of the death penalty or the need to abolish it.3 Further, only six African states have ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), aiming at the abolition of the death penalty. Since the protocol would, most likely, take into consideration the unique problems of the continent, it stands a better chance of effectively supplementing the provisions of the African Charter than the Second Optional Protocol.
- Document type Article
- Themes list Public debate,
Document(s)
The death penalty in Africa
By Dirk van Zyl Smit / African Human Rights Law Journal, on 1 January 2004
2004
Article
More details See the document
This article examines the situation of the death penalty in Africa. It does so byaddressing three main questions: First, to what extent is the death penalty inAfrica in fact an issue about which one should be particularly concerned?Second, what are the restrictions on the death penalty in Africa? Third, whatis to be done to strengthen the restrictions on the death penalty in Africa? Inaddition, the article examines the question whether article 4 of the AfricanCharter on Human and Peoples’ Rights and its related provisions will inspirethe abolition of the death penalty. It is suggested that challenging mandatorydeath sentences, advancing procedural challenges, open debate onalternatives to the death penalty, and improving the national criminaljustice system will strengthen restrictions on the death penalty in Africa. Thearticle concludes that positive criminal justice reform rather than moralisticcondemnation is the most effective route to the eventual abolition of thedeath penalty in Africa.
- Document type Article
- Themes list Networks,
Document(s)
PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY
By Organization of American States, on 1 January 1990
1990
Regional body report
esMore details See the document
Article 1The States Parties to this Protocol shall not apply the death penalty in their territory to any person subject to their jurisdiction.
- Document type Regional body report
- Themes list International law,
- Available languages PROTOCOLO A LA CONVENCIÓN AMERICANA SOBRE DERECHOS HUMANOS RELATIVO A LA ABOLICIÓN DE LA PENA DE MUERTE
Document(s)
Convention on the Rights of the Child
By United Nations, on 1 January 1989
1989
United Nations report
arrufrzh-hantesMore details See the document
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 type United Nations report
- Themes list Juveniles, International law,
- Available languages اتفاقية حقوق الطفلКонвенция о правах ребенкаConvention relative aux droits de l'enfant儿童权利公约Convención sobre los Derechos del Niño
Document(s)
PROBING “LIFE QUALIFICATION” THROUGH EXPANDED VOIR DIRE
By John H. Blume / Sheri Lynn Johnson / Brian Threlkeld / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
It turns out that voir dire in capital cases is woefully ineffective at the most elementary task—weeding out unqualified jurors.Empirical evidence reveals that many capital jurors are in fact unqualified to serve. Moreover, the ineffectiveness of the process is far from even-handed. A juror is not “death-qualified” if she would always vote against a death sentence, regardless of the circumstances, and a handful of the jurors who actually serve in capital cases are in fact unqualified for this reason.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
A Penalty Without Legitimacy: The Mandatory Death Penalty in Trinidad and Tobago
By Douglas Mendes / Florence Seemungal / Jeffrey Fagan / Roger Hood / The Death Penalty Project, on 1 January 2009
2009
NGO report
More details See the document
As a result of legal challenges, and in line with the trend worldwide, the mandatory death penalty has now been abolished in nine Caribbean countries and a discretion to impose a lesser sentence has been given to the judges of the Eastern Caribbean, Belize, Jamaica and the Bahamas. However, in relation to Trinidad & Tobago, in the case of Charles Matthew (Matthew v The State [2005] 1 AC 433), a majority of the Judicial Committee of the Privy Council decided – notwithstanding that the mandatory death penalty was cruel and unusual punishment in violation of entrenched fundamental freedoms and human rights established in the Constitution of Trinidad & Tobago – that it remained protected from constitutional challenge by the operation of the “savings clause” in the Constitution. As a result, Trinidad & Tobago remains one of only three Commonwealth Caribbean countries (Barbados and Guyana being the other two) that still retains the mandatory death penalty.
- Document type NGO report
- Themes list Mandatory Death Penalty,
Document(s)
Illegal Racial Discrimination in Jury Selection: A Continuing Legacy
By Equal Justice Initiative, on 1 January 2010
2010
NGO report
More details See the document
Today in America, there is perhaps no arena of public life or governmental administration where racial discrimination is more widespread, apparent, and seemingly tolerate than in the selection of juries. Nearly 135 years after Congress enacted the 1875 Civil Rights Act to eliminate racially discriminatory jury selection, the practice continues, especially in serious criminal and capital cases.
- Document type NGO report
- Themes list Networks,
Document(s)
Mental Illness and the Death Penalty
By American Civil Liberties Union, on 1 January 2009
2009
NGO report
More details See the document
This overview discusses the intersection of the law and the challenges faced by mentally ill capital defendants at every stage from trial through appeals and execution. It provides examples of some of the more famous cases of the execution of the mentally ill. Lastly, it describes current legislative efforts to exempt those who suffer from a serious mental illness from execution and the importance of such efforts.
- Document type NGO report
- Themes list Mental Illness,
Document(s)
The Forgotten Population: A Look at Death Row in the United States Through the Experiences of Women
By American Civil Liberties Union, on 1 January 2004
2004
NGO report
More details See the document
This report — the first-ever national survey of women currently on Death Row — found that women who have been sentenced to death are often subjected to harsh living conditions, including being forced to live in virtual isolation, and many are sentenced for crimes that don’t result in a death sentence for men.
- Document type NGO report
- Themes list Women,
Document(s)
Mental Illness and the Death Penalty in North Carolina
By American Civil Liberties Union, on 1 January 2007
2007
NGO report
More details See the document
As this report lays bare, entrenched obstacles within the criminal justice system impede efforts to recognize those with severe mental illness and to treat them fairly. As detailed in this report, these obstacles include the fact that: 1, mentally ill offenders, because of their impairments, often undermine their own defenses in a variety of ways that contribute directly to their convictions, death sentences and executions; 2, although state law exclusively defines mental illness as a mitigating factor for sentencing purposes, juries often perceive mental illness as an aggravating (rather than mitigating) factor. 3, the law governing mental illness in the context of the death penalty does not often align itself with clinical realities; thus mental health experts must often answer legal questions that do not conform to their medical analyses.
- Document type NGO report
- Themes list Mental Illness,
Document(s)
The Persistent Problem of Racial Disparities in The Federal Death Penalty
By American Civil Liberties Union, on 1 January 2007
NGO report
More details See the document
This paper details the profoundly troubling evidence that racial disparities continue to plague the modern federal death penalty. Of the next six federal inmates scheduled for execution, all are African-American defendants. Defendants of color make up the majority of federal death row and the majority of modern federal executions.
- Document type NGO report
- Themes list Minorities, Discrimination,
Document(s)
Juvenile Death Penalty: Is It Cruel and Unusual in Light of Contemporary Standards
By American Bar Association / Adam Caine Ortiz, on 1 January 2003
2003
NGO report
More details See the document
Reviews the use of the death penalty on juveniles in light of contemporary standards.
- Document type NGO report
- Themes list Juveniles,
Document(s)
CHINA’S DEATH PENALTY REFORMS
By Bonny Ling / Si-si Liu / Cliff Ip / Human Rights In China, on 1 January 2007
2007
NGO report
More details See the document
The Chinese authorities have introduced reforms to the death penalty system aimed at “killing fewer, and killing carefully.” Key systemic challenges remain, however, in ensuring that the criminally accused are not arbitrarily deprived of their inherent right to life.
- Document type NGO report
- Themes list Networks,
Document(s)
State Secrets: China’s Legal Labyrinth
By Andrew Nathan / ChristineLoh / Liu Baopu / Fu Hualing / Jerome A. Cohen / Human Rights In China, on 8 September 2020
2020
NGO report
China
More details See the document
This report describes and examines the PRC state secrets system and shows how itallows and even promotes human rights violations by undermining the rights tofreedom of expression and information. The PRC state secrets system, implementedthrough a CPC-controlled hierarchy of government bodies, is comprised of statesecrets laws and regulations that work in tandem with the PRC’s state security,criminal procedure and criminal laws, to create a complex, opaque system that controlsthe classification of—and criminalizes the disclosure or possession of—statesecrets. By guarding too much information and sweeping a vast universe of informationinto the state secrets net, the complex and opaque state secrets system perpetuatesa culture of secrecy that is not only harmful but deadly to Chinese society
- Document type NGO report
- Countries list China
- Themes list Transparency,
Document(s)
PUBLIC OPINION ON THE MANDATORY DEATH PENALTY IN TRINIDAD: A SUMMARY OF THE MAIN FINDINGS OF A SURVEY
By Florence Seemungal / Roger Hood / The Death Penalty Project, on 1 January 2011
2011
NGO report
More details See the document
A survey of the opinions of a representative sample of 1,000 residents of Trinidad, almost all of them citizens, on the very topical subject of the death penalty, in particular the support for and use of the mandatory death penalty for murder under current Trinidadian law, has just been completed. The data was collected in Trinidad (but not Tobago for reasons largely of the cost involved in collecting a small sample of interviews) by face-to-face interviews between 16th November and 16th December 2010.
- Document type NGO report
- Themes list Public opinion,
Document(s)
Safeguards guaranteeing protection of the rights of those facing the death penalty
By United Nations, on 1 January 1984
1984
United Nations report
arrufrzh-hantesMore details See the document
Approved by Economic and Social Council resolution 1984/50 of 25 May 19841. In countries which have not abolished the death penalty, capital punishment may be imposed only for the most serious crimes, it being understood that their scope should not go beyond intentional crimes with lethal or other extremely grave consequences.
- Document type United Nations report
- Themes list Fair Trial, International law, Most Serious Crimes,
- Available languages الضمانات التي تكفل حماية حقوق الذين يواجهون عقوبة الإعدامМеры, гарантирующие защиту прав тех, кому грозит смертная казньGaranties pour la protection des droits des personnes passibles de la peine de mort关于保护面对死刑的人的 权利的保障措施Salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte
Document(s)
Mandatory Justice: Eighteen Reforms to the Death Penalty
By The Constitution Project, on 1 January 2001
2001
NGO report
More details See the document
One major goal of these recommendations is to create additional safeguards against the endemic tendency of decision-makers in the criminal justice system to “pass the buck.” The system is far too lax in catching errors and injustices in part because many of those who might catch these errors and injustices do not fully understand their own duty to ensure that a death sentence is the appropriate punishment. Several of these recommendations are addressed to those who occupy critical roles in the capital punishment system, including the defense attorney, the prosecutor, the jury, the trial judge, and the reviewing courts. They emphasize that each, individually, has the responsibility to ensure, to the best of his or her ability, that justice is done.
- Document type NGO report
- Themes list Networks,
Document(s)
The death penalty in the Arab world: Study on the death penalty in some Arab countries
By Arab Penal Reform Organization APRO, on 1 January 2007
2007
NGO report
arMore details See the document
The essence of the death penalty is the eradication of life for the condemned. Death penalty was a common practice in ancient heavenly religions, especially in times dominated by the idea of religious revenge. Additionally, it was implemented in a brutal and cruel way accompanied by terrible methods of torture. The death penalty has not been controversial in the old legislation; it has been recognized by scholars without attempting to justify it, as governors and legislators apply it without resistance from thinkers and philosophers. In the modern era, controversy has arisen about the feasibility and legality of the death penalty as a form of social reaction to the offender. The eighteenth century is marked by philosophical ideas which attacked the prevailing penal systems, as studies and research have appeared on the social and anthropological causes of crime. Thus, two intellectual trends have appeared on the horizon: those in favor of retaining the death penalty, and those demanding its abolishment. Each trend has its reasons and pretexts supporting their thoughts concerning the death penalty. Hence, the study analyses and examines “The Death Penalty in the Arab World” through a series of distinctive research methods, addressing the death penalty in ten Arab countries. The following is presented according to a signal research plan that includes: crimes punishable by death, and procedural guarantees on the death penalty and its adequacy, as well as putting forward many proposals and recommendations on the abolishment of the death penalty. This study includes the death penalty in ten Arab countries: Bahrain – Egypt – Jordan – Iraq – Lebanon- Morocco- Palestine – Saudi Arabia – Syria- Yemen. —- Go to first document in English.
- Document type NGO report
- Available languages عقوبة الإعدام فى الوطن العربى: دراسة حول عقوبة الإعدام فى بعض الدول العربية
Document(s)
The Death Penalty in Lesotho: The Law and Practice
By Moses O A Owori / British Institute of International and Comparative Law, on 1 January 2004
2004
NGO report
More details See the document
The first part of the paper looks at the national law governing the death penalty vis-à-vis international standards; the second part of the paper identifies the problems one encounters at the pretrial, trial and post trial stages and examines the attempts to solve some of these problems; the final part looks at present trends in the application of the death penalty and draws tentative conclusions as to the future prospects of the death penalty in Lesotho.
- Document type NGO report
- Themes list Due Process ,
Document(s)
Tanzania Human Rights Reports 2009: Incorporating Specific Part on Zanzibar
By Clarence Kipobota / Legal and Human Rights Centre, on 1 January 2010
2010
NGO report
More details See the document
The statistical information suggests that despite the executions that were done between 1961 and 1995, incidents of offences punishable by the death penalty were increasing and are still on the rise, from 46 convicts in 1961 to 2,562 in 2007. This report briefly describes the death penalty system in Tanzania.
- Document type NGO report
- Themes list Statistics,
Document(s)
Tanzania Human Rights Report 2008: Progress through Human Rights
By Sarah Louw / Clarence Kipobota / Legal and Human Rights Centre, on 1 January 2009
2009
NGO report
More details See the document
Tanzania is one of 25 countries in the world that continues to retain the death penalty in its legislation.56 However, de facto, Tanzania is an abolitionist country, as there have been no executions in Tanzania since 1994. Chapter 2.1.1 describes the position of the death penalty in Tanzania.
- Document type NGO report
- Themes list Statistics,
Document(s)
REPORT ON THE CRIMINAL JUSTICE SYSTEM IN TRINIDAD AND TOBAGO
By Bar Human Rights Committee, on 1 January 2003
2003
NGO report
More details See the document
The purpose of the Report is to assist the Honourable Court by describing the criminal justice process in Trinidad as it applies to those accused of murder. As a criminal defence and constitutional law attorneys in Trinidad, we have been asked to address, in particular, some of the shortcomings apparent in the Trinidadian criminal justice system and certain related constitutional issues. The Report deals with the following issues: a. The constitutional history and sources of law in Trinidad; b. The law of murder in Trinidad; c. An overview of criminal procedure; d. The stages of the criminal process in murder cases; e. The mandatory death penalty; f. The prerogative of mercy.
- Document type NGO report
- Themes list Networks,
Document(s)
The Universal Declaration of Human Rights
By United Nations, on 1 January 1948
1948
United Nations report
arrufrzh-hantesMore details See the document
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 type United Nations report
- Themes list International law, Right to life,
- Available languages المتحدة الإعلان العالمي لحقوق الإنسانВсеобщую декларацию прав человекаDéclaration universelle des droits de l'homme世界人权宣言Declaración Universal de Derechos Humanos
Document(s)
International Covenant on Civil and Political Rights
By United Nations, on 1 January 1966
1966
United Nations report
arrufrzh-hantesMore details See the document
Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.
- Document type United Nations report
- Themes list International law,
- Available languages العهد الدولي الخاص بالحقوق المدنية والسياسيةМеждународный пакт о гражданских и политических правахPacte international relatif aux droits civils et politiques公民权利和政治权利国际盟约Pacto Internacional de Derechos Civiles y Políticos
Document(s)
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
By United Nations, on 1 January 1989
1989
United Nations report
arrufrzh-hantesMore details See the document
The States Parties to the present Protocol,Believing that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights,Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16 December 1966,Noting that article 6 of the International Covenant on Civil and Political Rights refers to abolition of the death penalty in terms that strongly suggest that abolition is desirable,Convinced that all measures of abolition of the death penalty should be considered as progress in the enjoyment of the right to life,Desirous to undertake hereby an international commitment to abolish the death penalty,Have agreed as follows:Article 11. No one within the jurisdiction of a State Party to the present Protocol shall be executed.2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.
- Document type United Nations report
- Themes list International law,
- Available languages البروتوكول الاختياري الثاني الملحق بالعهد الدولي الخاص بالحقوق المدنية والسياسية بهدف العمل علي إلغاء عقوبة الإعدامВторой Факультативный протокол к Международному пакту о гражданских и политических правах, направленный на отмену смертной казниDeuxième protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques, visant à l'abolition de la peine de mort第二任择议定书的公民权利和政治权利国际公约,其目的在废除死刑Segundo Protocolo Facultativo del Pacto Internacional de Derechos Civiles y Políticos, destinado a abolir la pena de muerte
Document(s)
JURY INSTRUCTIONS REGARDING DEADLOCK IN CAPITAL SENTENCING
By Laurie B. Berberich / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
Questions regarding the jury’s inability to reach a unanimous decision are often asked of judges and similar uninformative responses are generally given. Is ignoringjuror concerns the proper method for handling jury inquiries about the result of juror non-unanimity in capital sentencing? Or should courts inform capital juries up-front of the consequences of their failure to reach a unanimous verdict?
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
Death Sentencing in Black and White: An Empirical Analysis of the Role of Jurors’ Race and Jury Racial Composition
By William J. Bowers / Marla Sandys / Benjamin D. Steiner / University of Pennsylvania Journal of Constitutional Law, on 1 January 2001
Article
United States
More details See the document
Do black jurors view a crime or its appropriate punishment differently than their white counterparts? Are their perspectives influenced by the race of the defendant or victim? Are blacks on white-dominated capital juries intimidated or coerced into voting for the death penalty?
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
SLAMMING THE COURTHOUSE DOORS – Denial of Access to Justice and Remedy in America
By American Civil Liberties Union / Washington, on 8 September 2020
2020
NGO report
United States
More details See the document
According to a new report by the American Civil Liberties Union (ACLU) entitled, “Slamming the Courthouse Doors: Denial of Access to Justice and Remedy in America,” many states severely restrict access to justice for capital defendants and limit the availability of remedies to correct errors. The problem of inadequate counsel continues to pervade death penalty systems across the country: “Few states provide adequate funds to compensate lawyers for their work or to investigate cases properly. In addition to inadequate funding, the majority of death-penalty states lack adequate competency standards. Many states require only minimal training and experience for attorneys handling death penalty cases, and in some cases capital defense attorneys fail to meet the minimum guidelines for capital defense set by the American Bar Association (ABA),” according to the ACLU. The report also states that the absence of a right to counsel in post-conviction appeals leaves capital defendants with few options to address serious errors during their trial.
- Document type NGO report
- Countries list United States
- Themes list Networks,
Document(s)
Cost
By National Coalition Against the Death Penalty, on 1 January 2014
2014
Arguments against the death penalty
More details See the document
This document provides information on the cost of death penalty cases in the United States.
- Document type Arguments against the death penalty
- Themes list Networks, Financial cost,
Document(s)
Alternatives to the Death Penalty: The Problems with Life Imprisonment
By Penal Reform International, on 1 January 2007
2007
Arguments against the death penalty
More details See the document
This briefing examines the use of life imprisonment worldwide, including the increasing trend of life imprisonment without the possibility of release, or life without parole (LWOP). Emerging trends indicate an increase in the number of offences carrying the sanction of life imprisonment, a greater prevalence of indeterminate sentencing, a reduction in the use of parole, and the lengthening of prison terms as a whole. The abolition of the death penalty has played a significant role in the increased use of life imprisonment sentences, and LWOP in particular. Conditions of detention and the treatment of prisoners serving life sentences are often far worse than those for the rest of the prison population and more likely to fall below international human rights standards.
- Document type Arguments against the death penalty
- Themes list Sentencing Alternatives,
Document(s)
Alternatives to the Death Penalty
By Death Penalty Focus / Alternatives to the Death Penalty, on 1 January 2008
2008
Arguments against the death penalty
More details See the document
In every state that retains the death penalty, jurors have the option of sentencing convicted capital murderers to life in prison without the possibility of parole. The sentence is cheaper to tax-payers and keeps violent offenders off the streets for good. The information is California specific.
- Document type Arguments against the death penalty
- Themes list Sentencing Alternatives,
Document(s)
The High Cost of the Death Penalty
By Death Penalty Focus, on 8 September 2020
2020
Arguments against the death penalty
More details See the document
A fact sheet on the cost of the death penalty in the United States. Life emprisonment without parole is suggested.
- Document type Arguments against the death penalty
- Themes list Transparency, Death Penalty, Financial cost,
Document(s)
Deterrence
By Death Penalty Focus, on 8 September 2020
Arguments against the death penalty
More details See the document
Scientific studies have consistently failed to demonstrate that executions deter people from committing crime anymore than long prison sentences.
- Document type Arguments against the death penalty
- Themes list Deterrence ,
Document(s)
Racial Disparities
By Death Penalty Focus, on 1 January 2009
2009
Arguments against the death penalty
More details See the document
The race of the victim and the race of the defendant in capital cases are major factors in determining who is sentenced to die in this country. In 1990 a report from the General Accounting Office concluded that “in 82 percent of the studies [reviewed], race of the victim was found to influence the likelihood of being charged with capital murder or receiving the death penalty, i.e. those who murdered whites were more likely to be sentenced to death than those who murdered blacks.
- Document type Arguments against the death penalty
- Themes list Discrimination,
Document(s)
Inadequete Legal Representation
By Death Penalty Focus, on 8 September 2020
2020
Arguments against the death penalty
More details See the document
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,
Document(s)
Human Rights and the Death Penalty in the United States
By The Advocates for Human Rights, on 8 September 2020
Arguments against the death penalty
More details See the document
This sheet details what human rights are in relation to the death penalty and the USA. It discusses racism, inadequete legal representation and the unjustifiable cost of the death penalty in the US.
- Document type Arguments against the death penalty
Document(s)
Racial Bias
By National Coalition Against the Death Penalty, on 1 January 2014
2014
Arguments against the death penalty
More details See the document
This webpage provides information on the link between racism and the death penalty in the United States.
- Document type Arguments against the death penalty
- Themes list Discrimination,
Document(s)
Innocence and the Death Penalty
By Death Penalty Focus, on 1 January 2011
2011
Arguments against the death penalty
More details See the document
The wrongful execution of an innocent person is an injustice that can never be rectified. Since the reinstatement of the death penalty, 139 men and women have been released from death row nationally.
- Document type Arguments against the death penalty
- Themes list Innocence,
Document(s)
Congressional Power to Require DNA Testing
By Larry Yackle / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
Many states fail to conduct, or even to permit, DNA testing of biological materials in circumstances in which the results might exonerate convicts under sentence of death. Senator Patrick Leahy thinks that Congress should enact a statute requiring states to provide for testing when it promises to reveal the truth. Leahy’s idea is sensible as a matter of policy. I mean in this Article to argue that it is also constitutionally feasible.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
International Views on the Death Penalty
By Death Penalty Focus, on 1 January 2011
2011
Arguments against the death penalty
More details See the document
The vast majority of countries in Western Europe, North America and South America – more than 139 nations worldwide – have abandoned capital punishment in law or in practice. This document goes through the death penalty status of countries world wide.
- Document type Arguments against the death penalty
- Themes list Networks,
Document(s)
Death Penalty Debate
By Council of Europe, on 1 January 2009
2009
Arguments against the death penalty
More details See the document
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
Document(s)
Council of Europe Goodwill Ambassador Bianca Jagger on the campaign against the Death Penalty
By Council of Europe, on 1 January 2011
2011
Arguments against the death penalty
More details See the document
This podcast is interview with the Goodwill Ambassador Bianca Jagger. She talksabout murder victims’ families, deterrence, a moratorium on executions and the trend towards abolition.
- Document type Arguments against the death penalty
- Themes list Networks,
Document(s)
Stop the Death Penalty: Worldwide Abolition Now
By Amnesty International, on 1 January 2007
2007
Arguments against the death penalty
arfresMore details See the document
This video by Amnesty International talks about how the administration of the death penalty is cruel, often sought after unfair trials and how innocent people have been wrongfully convicted. Voice over by Colin Firth.
- Document type Arguments against the death penalty
- Available languages فيديو حول عقوبة الاعدام يسردها الممثل كولن فيرثDiaporama animé sur la peine de mort dans le mondeFotogalería: historias de todo el mundo sobre la pena capital
Document(s)
The Logical Framework Approach
By Greta Jenson / Bond - For International Development, on 1 January 2010
2010
Campaigning
More details See the document
The logframe is a tool for concisely describing the results of an LFA project design process, as it summarises in a standard format: What the project is going to achieve, what activities will be carried out, what means/resources/inputs (human, technical, infrastructural, etc.) are required, what potential problems could affect the success of the project, how the progress and ultimate success of the project will be measured and verified.
- Document type Campaigning
- Themes list Networks,
Document(s)
Monitoring and Evaluation
By Louisa Gosling / Bond - For International Development, on 1 January 2010
Campaigning
More details See the document
Monitoring is the routine tracking of the key elements of programme/project performance, usually inputs and outputs and some of the outcomes, through record-keeping, regular reporting and surveillance systems as well as observation and studiesyour. Evaluation attempts to link a particular output or outcome directly to an intervention after a period of time has passed. An evaluation is usually carried out at some significant stage in the project’s development, e.g. at the end of a planning period, as the project moves to a new phase, or in response to a particular critical issue. This guide explains how to conduct monitoring and evaluation of your projects.
- Document type Campaigning
- Themes list Networks,
Document(s)
Advocacy and Campaigning
By Ian Chandler / Bond - For International Development, on 1 January 2010
Campaigning
More details See the document
This guide describes the functions of advocacy and campaigning and provides instructions on how to approach and who participates in advocacy and campaigning.
- Document type Campaigning
- Themes list Networks,
Document(s)
So You Want to Start an Innocence Project
By Sheila Martin Berry / Truth in Justice, on 1 January 2011
2011
Campaigning
More details See the document
This document gives advice and help to those wishing to create an innocence project. The topics covered are varied and detail what is required in terms of office space, professional skills, etc.
- Document type Campaigning
- Themes list Networks,
Document(s)
Fundraising from Trusts, Foundations and Companies
By Billy Bruty / Bond - For International Development, on 1 January 2010
2010
Working with...
More details See the document
Each trust has a legally binding trust deed that defines the beneficiaries, objectives and geographical area for its charitable activities. The more narrowly defined trusts may only support a certain age group, cause or locality. Those trusts with a wide remit will often be legally defined with objectives that are for “General Charitable Purposes” with “Worldwide Beneficiaries”. Many trusts will also change their policies to focus on topical or specific geographical priorities. It’s important to know where the heart of decision making lies and it can be very different across a number of trusts, and change according to the different stages of their ‘lifecycle’.
- Document type Working with...
- Themes list Networks,
Document(s)
Towards the Abolition of the Death Penalty in Africa: A Human Rights Perspective
By Lilian Chenwi / Pretoria University Law Press, on 1 January 2007
2007
Book
More details See the document
In “Towards the abolition of the death penalty in Africa – a human rights perspective”, the author shows that international law increasingly recognises that the imposition and execution of the death penalty constitute violations of human rights. The author locates an emerging international trend towards the abolition of capital punishment in the African context. In doing so, she provides a particular African perspective on the issue. In this rich and informative text, she reflects on the role and impact of relevant UN instruments on African states, and analyses related African regional instruments, domestic law and case-law.
- Document type Book
Document(s)
International Law Issues in Death Penalty Defense
By Richard J. Wilson / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
This short article will explore some additional issues regarding the relationship between international law and the death penalty. First, it will discuss some additional aspects of the representation of foreign nationals in capital cases. Second, it will discuss additional instances in which defense counsel can make international law arguments, regardless of the client’s nationality. Third, because international law issues are new to most lawyers in the United States, even those who are seasoned in capital litigation, it will suggest some alternative ways in which international law arguments can be made. The conclusion will put theUnited States experience with the death penalty into the broader context of world practice on the death penalty.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
Death Penalty Lessons from Asia
By David T. Johnson / Franklin E. Zimring / Asia-Pacific Journal, on 1 January 2009
2009
Article
China
More details See the document
Part one of this article summarizes death penalty policy and practice in the region that accounts for 60 percent of the world’s population and more than 90 percent of the world’s executions. The lessons from Asia are then organized into three parts. Part two describes features of death penalty policy in Asia that are consistent with the experiences recorded in Europe and with the theories developed to explain Western changes. Part three identifies some of the most significant diversities within the Asian region – in rates of execution, trends over time, and patterns of change – that contrast with the recent history of capital punishment in non-Asian locations and therefore challenge conventional interpretations of death penalty policy and change. Part four discusses three ways that the politics of capital punishment in Asia are distinctive: the limited role of international standards and transnational influences in most Asian jurisdictions; the presence of single-party domination in several Asian political systems; and the persistence of communist versions of capital punishment in the Asia region.
- Document type Article
- Countries list China
- Themes list Death Penalty,
Document(s)
Convicting the Innocent
By Samuel R. Gross / Annual Review of Law and Social Science, on 1 January 2008
2008
Article
United States
More details See the document
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)
Public Opinion on the Death Penalty in China: Results from a General Population Survey Conducted in Three Provinces in 2007/08
By Shenghui Qi / Dietrich Oberwittler / Max Planck Institute for Foreign and International Criminal Law, on 1 January 2008
Article
China
More details See the document
The present project is concerned with the significant role that public opinion plays in the debate surrounding the death penalty and criminal policy in the People’s Republic of China, including possible public reaction to any planned abolishment of the death penalty. How is public opinion on the death penalty exhibited in China? What influence does public opinion on the death penalty have on legislative and judicial practice in China? The principal goal of the project is to analyze the links that exist between public opinion, criminal policy, legislation and legal practice, and to initiate attitudinal changes amongst political and legal actors as well as the public at large. A further objective is to guide Chinese criminal law reform, particularly with regard to a possible reduction in the number of capital offences, against the background of the ratification of the International Covenant on Civil and Political Rights
- Document type Article
- Countries list China
- Themes list Public opinion,
Document(s)
STRENGTHENING THE DEFENCE IN DEATH PENALTY CASES IN THE PEOPLE´S REPUBLIC OF CHINA: Empirical Research into the Role of Defence Councils in Criminal Cases Eligible for the Death Penalty
By Hans Jörg Albrecht / Max Planck Institute for Foreign and International Criminal Law, on 1 January 2006
2006
Article
China
More details See the document
This project examines the role of defence councils in Chinese criminal proceedings that can end up with the imposition of the death penalty. It aims to review the problems defence lawyers face in such proceedings, the defence strategies they apply and to examine whether the assignment of a defence lawyer makes a difference in the outcome of a criminal trial. Moreover, the project explores what can and should be done to empower defence councils to effectively represent suspects and accused in death penalty eligible cases.The objective of the study is to shed light on the problems experienced by criminal defence councils when defending capital crime cases and to generate information on how death penalty cases are processed through the Chinese system of justice as well as the determinants of the outcomes death penalty eligible criminal cases.
- Document type Article
- Countries list China
- Themes list Legal Representation,
Document(s)
The Global Debate on the Death Penalty
By Sandra Babcock / Human Rights Magazine, on 1 January 2007
2007
Article
United States
More details See the document
Many human rights organizations and intergovernmental organizations, such as the European Union, see the death penalty as one of the most pressing human rights issues of our time and have taken an active role in persuading countries to halt executions. The debate over capital punishment in the United States—be it in the courts, in state legislatures, or on nationally televised talk shows—is always fraught with emotion. The themes have changed little over the last two or three hundred years. Does it deter crime? If not, is it necessary to satisfy society’s desire for retribution against those who commit unspeakably violent crimes? Is it worth the cost? Are murderers capable of redemption? Should states take the lives of their own citizens? Are current methods of execution humane? Is there too great a risk of executing the innocent?
- Document type Article
- Countries list United States
- Themes list Deterrence ,
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)
Making the Last Chance Meaningful: Predecessor Counsel’s Ethical Duty to the Capital Defendant
By Lawrence J. Fox / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
The thesis of this paper is that lawyers who have represented clients in capital murder cases at trial and appeal—not unlike all criminal trial and initial appeal counsel, but more urgently because of the circumstances—continue to owe important obligations to their former clients. These obligations have been just recently included in the latest version of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death PenaltyCases: In accordance with professional norms, all persons who are or have been members of the defense team have a continuing duty to safeguard the interests of the client and should cooperate fully with successor counsel. This duty includes, but is not limited to: A. maintaining the records of the case in a manner that will inform successor counsel of all significant developments relevant to the litigation; B. providing the client’s files, as well as information regarding all aspects of the representation, to successor counsel; C. sharing potential further areas of legal and factual research with successor counsel; and D. cooperating with such professionally appropriate legal strategies as may be chosen by successor counsel. It is my hope that this article will demonstrate that these Guidelines reflect not just best practice, but actual ethical mandates that trial counsel, like Bryan Saunders, owe their former clients as those clients negotiate the jurisprudential maze known as habeas corpus.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
Earl Washington’s Ordeal
By Eric M. Freedman / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
I offer an account of the ordeal of Earl Washington, who—having come within days of execution—was released from prison on February 12, 2001, after DNA evidence of his innocence finally proved conclusive to the Virginia authorities. I do so for two reasons. First, I believe, both as a member of his legal team and a scholar, that history deserves an accurate account of the events. Second, more broadly, I believe that the case exemplifies many of the phenomena that contribute to the injustice of the death penalty in America today.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
The Professional Obligation to Raise Frivolous Issues in Death Penalty Cases
By Monroe H. Freedman / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
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,
Document(s)
When Law and Ethics Collide — Why Physicians Participate in Executions
By Atul Gawande / New England Journal of Medecine 354(12), 1-13., on 1 January 2006
2006
Article
United States
More details See the document
Evidence from execution logs showed that six of the last eight prisoners executed in California had not stopped breathing before technicians gave the paralytic agent, raising a serious possibility that prisoners experienced suffocation from the paralytic, a feeling much like being buried alive, and felt intense pain from the potassium bolus. This experience would be unacceptable under the Constitution’s Eighth Amendment protections against cruel and unusual punishment. So the judge ordered the state to have an anesthesiologist present in the death chamber to determine when the prisoner was unconscious enough for the second and third injections to be given — or to perform the execution with sodium thiopental alone.The California Medical Association, the American Medical Association (AMA), and the American Society of Anesthesiologists (ASA) immediately and loudly opposed such physician participation as a clear violation of medical ethics codes. “Physicians are healers, not executioners,” the ASA’s president told reporters. Nonetheless, in just two days, prison officials announced that they had found two willing anesthesiologists. The court agreed to maintain their anonymity and to allow them to shield their identities from witnesses. Both withdrew the day before the execution, however, after the Court of Appeals for the Ninth Circuit added a further stipulation requiring them personally to administer additional medication if the prisoner remained conscious or was in pain. This they would not accept. The execution was then postponed until at least May, but the court has continued to require that medical professionals assist with the administration of any lethal injection given to Morales. This turn of events is the culmination of a steady evolution in methods of execution in the United States.
- Document type Article
- Countries list United States
- Themes list Lethal Injection,
Document(s)
The Political Sociology of the Death Penalty: A Pooled Time-Series Analysis
By Jason T. Carmichael / David Jacobs / American Sociological Review, on 1 January 2002
2002
Article
United States
More details See the document
Despite the interest in the death penalty, no statistical studies have isolated the social and political forces that account for the legality of this punishment. Racial or ethnic threat theories suggest that the death penalty will more likely be legal in jurisdictions with relatively large black or Hispanic populations. Economic threat explanations suggest that this punishment will be present in unequal areas. Jurisdictions with a more conservative public or a stronger law and order Republican party should be more likely to legalize the death penalty as well. After controlling for social disorganization, region, period, and voilent crime, panel analyses suggest that minority presence and economic inequality enhance the likelihood of a legal death penalty. Conservative values and Republican strength in the legislature have equivalent effects; A supplement time-to-event analysis supports these conclusions. The results suggest that a political approach has explanatory power because threat effects expressed through politics and effects that are directly political invariable account for decisions about the legality of capital punishment.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
Errors and Ethics: Dilemmas in Death
By Penny J. White / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
In the last five years, the death penalty has become a frequent topic of discussion. While discussion of such an emotive topic is not unusual for any period in history, the tenor of the recent dialogue is unusual. For the most part, the discussion centers around the problems with capital punishment, particularly its inaccuracy and unfairness. This Article begins in Part II with a discussion of recent claims about the frequency of errors in capital cases. Part III enumerates and discusses the factors generally thought to be the cause of the errors. Part IV details new rules recently adopted in one jurisdiction in an effort to eliminate the errors. Part IV also suggests that these new rules, though worthwhile, are actually a reiteration of long-standing ethical obligations of judges and lawyers, the breach of which is responsible for many of the errors. Part V recommends additional remedies which the bench and the bar must take if there is a true commitment to providing a fair, just, and reliable system for determining who the government is entitled to kill.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
Deciding Death
By Corinna Barrett Lain / Duke Law Journal, on 1 January 2007
2007
Article
United States
More details See the document
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,
Document(s)
The Innocence Protection Act of 2001
By Senator Patrick Leahy / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
The goal of our bill is simple, but profoundly important: to reduce the risk of mistaken executions. The Innocence Protection Act proposes basic, common-sense reforms to our criminal justice system that are designed to protect the innocent and to ensure that if the death penalty is imposed, it is the result of informed and reasoned deliberation, not politics, luck, bias, or guesswork. We have listened to a lot of good advice and made some refinements to the bill since the last Congress, but it is still structured around two principal reforms: improving the availability of DNA testing, and ensuring reasonable minimum standards and funding for court-appointed counsel.
- Document type Article
- Countries list United States
- Themes list Innocence,
Document(s)
A New Profession for an Old Need: Why a Mitigation Specialist Must be Included on the Capital Defense Team
By Pamela Blume Leonard / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
The fundamental task of the mitigation specialist is to conduct a comprehensive social history of the defendant and identify all relevant mitigation issues. The 2003 revised edition of the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases recognizes the mitigation specialist as an “indispensable member of the defense team throughout all capital proceedings.” What are the particular responsibilities and contributions of a mitigation specialist and what makes them so essential to the capital defense team as to warrant this long overdue recognition by the ABA Guidelines?
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
The Guiding Hand of Counsel’ and the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases
By Robin M. Maher / Hofstra Law Review, on 1 January 2003
Article
United States
More details See the document
The ABA has long been concerned with the provision of effective counsel for all criminal defendants, especially for those facing the death penalty. In 1989, the ABA first published its Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases, which detailed the kind of competent, effective legal representation that all capital defendants were entitled to receive. Earlier this year, after a two-year effort drawing upon the expertise of a broad group ofdistinguished and experienced judges, lawyers, and academics, the ABA House of Delegates overwhelmingly approved revisions to those Guidelines to update and expand upon the obligations of death penalty jurisdictions to ensure due process of law and justice. “These Guidelines are not aspirational.” They articulate a national standard of care and the minimum that should be required in the defense of capital cases.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
Litigating in the Shadow of Death
By Lawrence C. Marshall / University of Pittsburgh Law Review, on 1 January 2006
2006
Article
United States
More details See the document
One gets the strong sense that Professor White believed that the key to changing or abolishing the death penalty in the United States was to educate policymakers and the public about its practical operation. This, of course, was Justice Thurgood Marshall’s hypothesis in Furman v. Georgia: that the widespread support that the death penalty enjoys in the country is a product of mass ignorance about how it is applied. Professor White did not simply posit the theory, he dedicated much of his life to the mission of educating the public about the inequities of the American death penalty. This final book does that in an extraordinarily effective way by combing together studies of illustrative cases, analysis of the lawyers’ roles and dilemmas, and cogent explanations of the state of the law.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
Executing the Mentally Ill: When Is someone Sane Enough to Die?
By Michael Mello / Criminal Justice, on 1 January 2007
2007
Article
United States
More details See the document
Mental illness is a phenomenon that knifes across the entire corpus of our criminal justice system. From interrogations and waivers of Miranda rights, to consent to searches and seizures, to plea negotiations and the capacity to stand trial, to calculating sentences and participating in appellate and postconviction proceedings, mental illness warps the machinery of our criminal law and challenges its most cherished assumptions about free will, decisional competence, and culpability. This is so regardless of whether or not life hangs in the balance. But when the stakes are life and death, the structural distortions caused by mental illness become magnified, and the contradictions can rise to constitutional magnitude.
- Document type Article
- Countries list United States
- Themes list Mental Illness,
Document(s)
The Defense Team in Capital Cases
By Jill Miller / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
Fairness for those defendants facing the ultimate punishment of death requires that they be afforded zealous advocacy by competent counsel, and that counsel be provided with the resources necessary to effectively represent their clients. Stating that “[o]ur capital system is haunted by the demon of error, error in determining guilt, and error in determining who among the guilty deserves to die,” Governor Ryan cited many deficiencies in the justice system in Illinois, including poor lawyering and inadequate resources for defense counsel, in arriving at his decision to commute all death sentences. Over the years the imposition of the death penalty has too often been a function of unqualified counsel or counsel who lacked the resources, including time, funding, and provision of investigative, expert and supportive services, to competently represent their clients, rather than a reasoned decision based on the circumstances of the crime and the background and character of the defendant.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
Preventing the Execution of the Innocent: Testimony Before the House Judiciary Committee.
By Peter Neufeld / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
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,
Document(s)
Why an Independent Appointed Authority Is Necessary to Choose Counsel for Indigent People in Capital Punishment Cases
By Ronald J. Tabak / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
The revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases require that an agency “independent of the judiciary” be responsible for “ensuring that each capital defendant in the jurisdiction receives high quality legal representation.” This independent agency “and not the judiciary or elected officials should select lawyers for specific cases.” These mandates reflect two realities that have become overwhelmingly clear: (1) judges—whether initially elected, subject to retention elections, or appointed—are subject to political pressures in connection with capital punishment cases; and (2) lawyers whom judges have appointed in capital punishment cases have frequently been of far lower quality than could have been selected.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
Death In Decline ’09: Los Angeles Holds California Back as Nation Shifts to Permanent Imprisonment
By American Civil Liberties Union / Northern California, on 8 September 2020
2020
NGO report
United States
More details See the document
The tide is turning in the United States from death sentences to permanent imprisonment. A growing number of states are choosing permanent imprisonment over the death penalty, fueled by growing concerns about the wrongful conviction of innocent people and the high costs of the death penalty in comparison to permanent imprisonment. In 2009, the number of new death sentences nationwide reached the lowest level since the death penalty was reinstated in 1976. California lags behind in this national trend. The Golden State sent more people to death row last year than in the seven preceding years. By the close of 2009, California’s death row was the largest and most costly in the United States.
- Document type NGO report
- Countries list United States
- Themes list Sentencing Alternatives, Networks,
Document(s)
Broken Justice: The death penalty in Alabama
By Rachel King / American Civil Liberties Union / Alabama, on 1 January 2005
2005
NGO report
More details See the document
This report documents unfairness and unreliability that plague the death penalty system in Alabama and makes several recommendations, including a moratorium on executions. The major areas of focus the report examines are: Inadequate Defence, Prosecutorial Misconduct, Judicial Overrides, Execution of the Mentallly Retarded, Racial Discrimination, and Geographic Disparities.
- Document type NGO report
- Themes list Country/Regional profiles,
Document(s)
Zhao Zuohai: Beaten, Framed and Jailed for a Murder that Never Happened
By Clifford Coonan / The Independent, on 1 January 2010
2010
Legal Representation
More details See the document
The first act took place in 1999, when the dirt-poor farmer from Henan province had a violent argument with a fellow peasant, Zhao Zhenshang. His opponent, no relation despite a shared surname, disappeared into thin air. Later a headless, decomposed corpse was found in a well, and produced as evidence of Zhao Zuohai’s murderous deed. He was tortured, forced to confess and received the inevitable death sentence, before eventually winning a reprieve from the firing squad and having his sentence commuted to a 29-year jail term.
- Document type Legal Representation
- Themes list Networks,
Document(s)
Japan: “Will this day be my last?” The death penalty in Japan
By Amnesty International, on 8 September 2020
2020
NGO report
Japan
enesMore details See the document
This report examines a number of concerns related to the application of the death penalty in Japan, where approximately 87 prisoners currently remain on death row. These concerns include the fact that a prisoner is notified of the execution on the morning of the day it is to be carried out. In some cases the prisoner is not notified at all. This means that prisoners live with the constant fear of execution, not knowing whether they will be alive the next day. Amnesty International calls on the Japanese government to abolish the death penalty as a matter of urgency.
- Document type NGO report
- Countries list Japan
- Themes list Transparency, Country/Regional profiles,
- Available languages Japanese : 今日が最期の日?“¿Será éste mi último día?” La pena de muerte en Japón
Document(s)
The exclusion of child offenders from the death penalty under general international law
By Amnesty International, on 1 January 2003
2003
NGO report
fresMore details See the document
In October 2002 the Inter-American Commission on Human Rights held that “a norm of international customary law has emerged prohibiting the execution of offenders under the age of 18 years at the time of their crime” and that “this rule has been recognized as being of a sufficiently indelible nature to now constitute a norm of jus cogens”. This paper examines the evidence supporting the conclusion that the use of the death penalty against child offenders (people convicted of crimes committed under the age of 18) is prohibited under customary international law and as a peremptory norm of general international law (jus cogens).
- Document type NGO report
- Themes list Juveniles, Statistics,
- Available languages La non-application de la peine de mort à des mineurs délinquants en droit international généralLa exclusión de los menores de la pena de muerte con arreglo al derecho internacional general
Document(s)
The death penalty worldwide: developments in 2002
By Amnesty International, on 1 January 2003
NGO report
fresMore details See the document
This paper covers significant events concerning the death penalty during the year 2002. Other subjects covered in this paper include significant judicial decisions; important studies; the use of the death penalty against the innocent; reductions in the scope of the death penalty; moratoria and commutations; and moves to restrict appeals in capital cases.
- Document type NGO report
- Themes list Statistics,
- Available languages La peine de mort dans le monde : Evolution en 2002La pena de muerte en el mundo: noticias del 2002
Document(s)
The death penalty worldwide developments in 2007
By Amnesty International, on 1 January 2008
2008
NGO report
fresarMore details See the document
In 2007 the world continued to move closer to the universal abolition of the capital punishment. A historical landmark is the resolution on a moratorium on executions endorsed by the United Nations. By the end of the 2007, 91 countries have abolished the death penalty for all crimes. The death penalty has now been abolished in law or practice by 135 countries. Other subjects covered in this report include commutations, judicial reviews, use against child offenders; and extradition.
- Document type NGO report
- Themes list Statistics,
- Available languages La peine de mort dans le monde : évolution en 2007LA PENA DE MUERTE EN EL MUNDO: NOTICIAS DEL AÑO 2007تطورات عقوبة العدام على النطاق العالمي في 2007
Document(s)
Death sentences and executions in 2008
By Amnesty International, on 1 January 2009
2009
NGO report
arrufresMore details See the document
This document summarises Amnesty International’s global research on the death penalty. Information was gathered from various sources including official statistics (where available), non-governmental and inter-governmental organizations, human rights defenders, the media and interviews with survivors of human rights violations.
- Document type NGO report
- Themes list Statistics,
- Available languages أحكام الإعدام الصادرة وما نُفِّذ من أحكام في عام 2008СМЕРТНЫЕ ПРИГОВОРЫ И КАЗНИ В 2008 ГОДУCONDAMNATIONS À MORT ET EXÉCUTIONS RECENSÉES EN 2008CONDENAS A MUERTE Y EJECUCIONES EN 2008
Document(s)
Death sentences and executions in 2010
By Amnesty International, on 1 January 2011
2011
NGO report
fresMore details See the document
In the last decade, more than 30 countries have abolished the death penalty in law or practice. Fifty-eight countries worldwide now retain the death penalty for ordinary crimes, and less than half of these carried out executions in 2010. This report analyzes some of the key developments in the worldwide application of the death penalty in 2010, citing figures gathered by Amnesty International on the number of death sentences handed down and executions carried out during the year.
- Document type NGO report
- Themes list Statistics,
- Available languages Condamnations à mort et exécutions et exécutions en 2010Condenas a meurte y ejecuciones en 2010
Document(s)
Death penalty developments in 2005
By Amnesty International, on 1 January 2006
2006
NGO report
fresMore details See the document
This document covers significant events concerning the death penalty during the year 2005. Two countries abolished the death penalty for all crimes, bringing to 86 the number of totally abolitionist countries at year end. Moratoria or suspensions of executions were being observed in several countries. At least 2,148 people were executed in 22 countries, and at least 5,186 were sentenced to death in 53 countries. Eight child offenders were executed in Iran. Other sections include significant judicial decisions; the use of the death penalty against child offenders and resumptions of executions.
- Document type NGO report
- Themes list Statistics,
- Available languages La peine de mort dans le monde : évolution en 2005LA PENA DE MUERTE EN EL MUNDO: NOTICIAS DEL AÑO 2005
Document(s)
Japan: Hanging by a thread: Mental health and the death penalty in Japan
By Amnesty International, on 1 January 2009
2009
NGO report
More details See the document
The use of the death penalty is in decline globally. Japan is one of the few industrialized countries to continue to use it, hanging a small number of prisoners each year. This report discusses the legal basis for exempting mentally ill prisoners from the death penalty and documents the situation faced by such prisoners on death row in Japan. It calls on the authorities to ensure that mentally ill prisoners are not executed and to implement a moratorium on the death penalty.
- Document type NGO report
- Themes list Mental Illness,
Document(s)
The death penalty worldwide: Developments in 1999
By Amnesty International, on 1 January 2000
2000
NGO report
fresMore details See the document
This paper is an attempt to cover developments during 1999 and provide information current at the end of the year concerning the death penalty worldwide, different aspects of its use and attempts to abolish it or reduce its application.
- Document type NGO report
- Available languages La peine de mort dans le monde: évolution en 1999LA PENA DE MUERTE EN EL MUNDO: NOTICIAS DE 1999
Document(s)
The death penalty worldwide: Developments in 2000
By Amnesty International, on 1 January 2001
2001
NGO report
arfresMore details See the document
This paper covers events around the exercise of the death penalty during the year 2000, including such subjects as significant national and international court cases and decisions; important studies; the use of the death penalty against the mentally ill and those with mental retardation; its use against the `innocent’ and against women; medical and religious perspectives and public opinion polls and surveys.
- Document type NGO report
- Themes list Statistics,
- Available languages العقوبة الاعدام في العالم : تطورات في العام ٢٠٠٠La peine de mort dans le monde : évolution en 2000La pena de muerte en el mundo: noticias del 2000
Document(s)
The death penalty wordwide: developments in 2004
By Amnesty International, on 1 January 2005
2005
NGO report
fresMore details See the document
This document covers significant events concerning the death penalty during the year 2004. Five countries abolished the death penalty for all crimes, bringing to 84 the number of totally abolitionist countries at year end. Scores of death sentences were commuted in Malawi and Zambia, and moratoria or suspensions of executions were being observed in several other countries. Other subjects covered in this document include significant judicial decisions; the use of the death penalty against the innocent; resumptions of executions; and campaigning activities to promote abolition.
- Document type NGO report
- Themes list Statistics,
- Available languages La peine de mort dans le monde: évolution en 2004La pena de muerte en el mundo: noticias del año 2004
Document(s)
Ghana: Briefing on death penalty
By Amnesty International, on 1 January 2000
2000
NGO report
fresMore details See the document
As the Presidential elections approach in Ghana, Amnesty International is renewing its call for steps towards abolishing the death penalty, after seven years without any executions. This document describes the current use of the death penalty, giving details of those currently under sentence of death and describing the death penalty under Ghanaian law and international law
- Document type NGO report
- Themes list Country/Regional profiles,
- Available languages GHANA : Rapport sur la peine de mortGHANA : Informe sobre la pena de muerte
Document(s)
Singapore: The death penalty – A hidden toll of executions
By Amnesty International, on 8 September 2020
2020
NGO report
Singapore
frMore details See the document
More than 400 prisoners have been hanged in Singapore since 1991, giving the small city-state possibly the highest execution rate in the world relative to its population of just over four million people. This report examines the use of the death penalty for drug offences, murder and firearms offences. It emphasizes the cruel and arbitrary nature of the death penalty and shows how it has been imposed on the most marginalized or vulnerable members of society including drug addicts, the poorly educated, the impoverished or unemployed, and migrant workers.
- Document type NGO report
- Countries list Singapore
- Themes list Transparency, Foreign Nationals,
- Available languages Singapore: Taux d'exécutions : un secret bien gardé
Document(s)
Socialist Republic of Viet Nam: The death penalty – recent developments
By Amnesty International, on 8 September 2020
NGO report
Viet Nam
More details See the document
This document contains information about the recent developments in Vietm Nam regarding the death penalty. Amnesty International welcomes the reduction in the number of offenses punishable by the death penalty. However, the organization remains concerned that there is still a broad range of offenses which are punishable by the death penalty.
- Document type NGO report
- Countries list Viet Nam
Document(s)
India: Lethal Lottery: The Death Penalty in India – A study of Supreme Court judgments in death penalty cases 1950-2006
By Amnesty International / Bikram Jeet Batra, on 8 September 2020
NGO report
India
More details See the document
The report shows that contrary to the majority Bench’s views and intentions in Bachan Singh, errors and arbitrariness have not been checked by the safeguards in place, and no small role in this has been played by the judges themselveswho have rarely adhered to the requirements laid down in Bachan Singh, making it clear that it is commonly the judge’s subjective discretion that eventually decides the fate of the accused-appellant.
- Document type NGO report
- Countries list India
- Themes list Due Process , Statistics,
Document(s)
West Africa: Time to abolish the death penalty
By Amnesty International, on 1 January 2003
2003
NGO report
frMore details See the document
This doument summarizes each of the 16 ECOWAS countries’ legislation on the death penalty, provides information on the most recent executions and convictions and notes the view currently taken by the governments concerned. Two thirds have already abolished the death penalty
- Document type NGO report
- Themes list Statistics,
- Available languages AFRIQUE DE L’OUEST : Il est temps d’abolir la peine de mort
Document(s)
Zambia: Time to abolish the death penalty
By Amnesty International, on 1 January 2001
2001
NGO report
More details See the document
This report aims at focusing attention on the country’s use of the death penalty, particularly as Zambia does not apply international standards for fair trials in its use of the death penalty.
- Document type NGO report
- Themes list Country/Regional profiles,
Document(s)
Mental retardation and the death penalty
By Amnesty International, on 1 January 2001
NGO report
More details See the document
This paper attempts to summarise the issues arising from the practice of executing prisoners who have mental retardation. It draws mainly on the US experience but makes reference to other jurisdictions.
- Document type NGO report
- Themes list Intellectual Disability,
Document(s)
Commonwealth of Independent States: Positive trend on the abolition of the death penalty but more needs to be done
By Amnesty International, on 1 January 2006
2006
NGO report
ruMore details See the document
On 28 November the meeting of the heads of the states in the Commonwealth of Independent States takes place in Minsk, Belarus. On the eve of the meeting Amnesty International calls on the heads of CIS states to put the issue of the abolition of the death penalty high on their agenda and to do all within their power to make the region a death penalty-free zone. Amnesty international is concerned that the conditions on death row in the region fall far short of international standards.
- Document type NGO report
- Available languages СНГ: Смертная казнь уходит в прошлое, но сделано пока недостаточно