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Document(s)

Moratoriums on the use of the death penalty. Report of the Secretary-General (2010)

By United Nations, on 8 September 2020


2020

United Nations report

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The present report is submitted to the General Assembly pursuant to General Assembly resolution 63/168. The report confirms the global trend towards abolition of the death penalty. It also recommends that Member States introduce a moratorium on the death penalty. Those States which still intend to implement the death penalty and are not willing to establish a moratorium should apply the death penalty only in the case of the most serious crimes. The protection of the rights of those facing the death penalty should be ensured, pursuant to the relevant international laws. Furthermore, in that regard, States have an obligation not to practise the death penalty in secrecy, nor to practice discrimination in its application.

Document(s)

The Death Penalty in 2010: Year End Reports

By Death Penalty Information Center, on 1 January 2010


2010

NGO report


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The death penalty continued to be mired in conflict in 2010, as states grappled with an ongoing controversy over lethal injections, the high cost of capital punishment, and increasing public sentiment in favor of alternative sentences. Executions dropped by 12% compared with 2009, and by more than 50% since 1999. The number of new death sentences was about the same as in 2009, the lowest number in 34 years. —– For other DPIC year end reports (from 1995 – 2009) please visit: http://www.deathpenaltyinfo.org/reports

  • Document type NGO report
  • Themes list Trend Towards Abolition,

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
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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)

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

By United Nations / Philip Alston, on 1 January 2007


2007

International law - United Nations

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

Document(s)

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

By United Nations / Philip Alston, on 1 January 2007


International law - United Nations

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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)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2005


2005

International law - United Nations

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The present report, prepared pursuant to Economic and Social Council resolutions 1754 (LIV) of 16 May 1973 and 1995/57 of 28 July 1995, is the seventh quinquennial report of the Secretary-General on capital punishment.1 It covers the period 1999-2003 and reviews developments in the use of capital punishment worldwide, both in law and in practice. The report shows an encouraging trend towards abolition and restriction of the use of capital punishment in most countries. It also shows that much remains to be done in the implementation of the safeguards guaranteeing protection of the rights of persons facing the death penalty in those countries that retain it.

Document(s)

Question of the death penalty : report of the Secretary-General submitted pursuant to Commission on Human Rights resolution 2002/77

By United Nations, on 1 January 2003


2003

International law - United Nations

arrufrzh-hantes
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The present report contains information covering the period from January 2001 through December 2002, in order to ensure that there are no gaps in coverage since the last version of the sixth quinquennial report which covered information up to the end of 2000. The report indicates that the trend towards abolition of the death penalty continues, which is illustrated, inter alia, by the increase in the number of ratifications of international instruments that provide for the abolition of this punishment.

Document(s)

Question of the death penalty : report of the Secretary-General submitted pursuant to Commission resolution 2003/67

By United Nations, on 1 January 2004


2004

International law - United Nations

arrufrzh-hantes
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The present report contains information covering the period from January 2003 through December 2003. The report indicates that the trend towards abolition of the death penalty continues, illustrated, inter alia, by the increase in the number of ratifications of international instruments that provide for the abolition of this punishment.

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty : report of the Secretary-General

By United Nations, on 1 January 2001


2001

United Nations report

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The report shows an encouraging trend towards abolition and restriction of the use of capital punishment in most countries. It also shows that much remains to be done in the implementation of the safeguards guaranteeing protection of the rights of persons facing the death penalty in those countries that retain it.

Document(s)

The question of the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2006


2006

International law - United Nations

arrufrzh-hantes
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The present report contains information covering the period from January 2004 to December 2005. The report indicates that the trend towards abolition of the death penalty continues; this is illustrated, inter alia, by the increase in the number of countries that are completely abolitionist and by the increase in ratifications of international instruments that provide for the abolition of this punishment.

Document(s)

Question of the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2008


2008

International law - United Nations

arrufrzh-hantes
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The present report contains information covering the period from January 2006 to May 2008. The report indicates that the trend towards abolition of the death penalty continues; this is illustrated, inter alia, by the increase in the number of countries that are completely abolitionist and by the increase in ratifications of international instruments that provide for the abolition of this form of punishment.

Document(s)

Question of the death penalty : Report of the Secretary-General

By United Nations, on 8 September 2020


2020

United Nations report

arruzh-hantesfr
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The present report contains information covering the period from June 2008 to July 2009, and draws attention to a number of phenomena, including the continuing trend towards abolition, the practice of engaging in a national debate on the death penalty, and the ongoing difficulties in gaining access to reliable information on executions.

Document(s)

Question of the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2008


2008

International law - United Nations

frarruzh-hantes
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The present report contains information on the question of the death penalty covering the period from June 2009 to July 2010, and draws attention to a number of phenomena, including the continuing trend towards abolition and the ongoing difficulties experienced in gaining access to reliable information on executions.

Document(s)

Resolution 65/206 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


2020

International law - United Nations

aresfrruzh-hant
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Resolution adopted by the General Assembly [on the report of the Third Committee (A/65/456/Add.2 (Part II))] 65/206. Moratorium on the use of the death penalty

Document(s)

TRANSPARENCY AND THE IMPOSITION OF THE DEATH PENALTY, Report of the Special Rapporteur, Philip Alston

By United Nations / Philip Alston, on 1 January 2006


2006

International law - United Nations

arrufrzh-hantes
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The present report of the Special Rapporteur on extrajudicial, summary or arbitrary executions analyses a critical area of non-compliance with legal safeguards designed to protect the right to life. It builds upon the proposition that “[c]ountries that have maintained the death penalty are not prohibited by international law from making that choice, but they have a clear obligation to disclose the details of their application of the penalty” (E/CN.4/2005/7, para. 59). The report analyses the legal basis of that transparency obligation and examines case studies that illustrate the major problems that exist in this area.

Document(s)

Polish : Poradnik dla facylitatorów i facylitatorek Pakiet materiałów Projektu edukacja dla Godności Przewodnik Po strategiach aktywnego uczestnictwa w edukacji Praw człowieka

By Amnesty International, on 8 September 2020


2020

NGO report


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Publikacja jest częścią projektu Amnesty international – edukacja dla Godności i może być wykorzystywana w realizacji modułów projektowych na temat ubóstwa i praw człowieka, a także jako odrębna propozycja tematów zajęć szkoleniowych.

  • Document type NGO report
  • Themes list Public opinion, Public debate,

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
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Document(s)

Italian : MANUALE DI FACILITAZIONE KIT DIDATTICO GUIDA ALL’USO DELLE METODOLOGIE PARTECIPATIVE PER L’EDUCAZIONE AI DIRITTI UMANI

By Amnesty International, on 8 September 2020


2020

NGO report


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Questa guida rientra nel progetto Education for Human Dignity di Amnesty International e nasce per essere utilizzata con i moduli del progetto riguardanti povertà e diritti umani.Il manuale di facilitazione, è stato, però, realizzato con la flessibilità necessaria a renderlo fruibile anche singolarmente, come risorsa generale in diversi contesti.

  • Document type NGO report
  • Themes list Public opinion, Public debate,

Document(s)

Slovene : PrIročnIk Izobraževalno gradIvo Izobraževanje za človekovo dostojanstvo Priročnik o uPorabi ParticiPatornih metod Pri učenju človekovih Pravic

By Amnesty International, on 8 September 2020


NGO report


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Priročnik je del projekta Amnesty International Izobraževanje za človekovo dostojanstvo in je namenjen souporabi z vsebinskimi priročniki projekta o revščini in človekovih pravicah. Razvit pa je bil s fleksibilnostjo, ki omogoča, da se ga lahko uporabi tudi samostojno kot splošni pripomoček v raznolikih okoljih.

  • Document type NGO report
  • Themes list Public opinion, Public debate,

Document(s)

Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak

By United Nations / Manfred Nowak, on 1 January 2009


2009

International law - United Nations

arfrzh-hantesru
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In chapter III, the Special Rapporteur focuses on the compatibility of the death penalty with the prohibition of cruel, inhuman and degrading punishment. He concludes that the historic interpretation of the right to personal integrity and human dignity in relation to the death penalty is increasingly challenged by the dynamic interpretation of this right in relation to corporal punishment and the inconsistencies deriving from the distinction between corporal and capital punishment, as well as by the universal trend towards the abolition of capital punishment.

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
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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


International law - United Nations

arrufrzh-hantes
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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, 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
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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, 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

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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)

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

By United Nations / Asma Jahangir, on 1 January 1999


1999

International law - United Nations

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This report is submitted pursuant to Commission on Human Rightsresolution 1998/68 of 21 April 1998 entitled “Extrajudicial, summary orarbitrary executions”. It is the first report submitted to the Commission byMs. Asma Jahangir and the sixteenth submitted to the Commission since themandate on “summary and arbitrary executions” was established by Economic andSocial Council resolution 1982/35 of 7 May 1982.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Bacre Waly Ndiaye

By United Nations / Bacre Waly Ndiaye, on 1 January 1997


1997

International law - United Nations

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This report is submitted pursuant to Commission on Human Rightsresolution 1997/61 of 16 April 1997 entitled “Extrajudicial, summary orarbitrary executions”. It is the sixth report submitted to the Commissionon Human Rights by Bacre Waly Ndiaye and the fifteenth submitted to theCommission since the mandate on “Summary and arbitrary executions” wasestablished by Economic and Social Council resolution 1982/35 of 7 May 1982.

Document(s)

Report by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak – MISSION TO MONGOLIA

By United Nations / Manfred Nowak, on 8 September 2020


2020

NGO report

Mongolia

rufrzh-hantesar
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The Special Rapporteur is also deeply concerned about all the circumstances surrounding the death penalty in Mongolia, especially the total secrecy. Despite repeated requests to the highest authorities of the Government, as well as prosecutors and the judiciary, the Special Rapporteur was not provided with any official information. Concern was expressed that not even the families of the condemned persons are notified of the exact date or place of execution and do not receive their mortal remains for burial, which amounts to inhuman treatment of the family, contrary to article 7 of the Covenant. Moreover, prisoners on death row at the Gants Hudag and Zuunmod detention centres are held in complete isolation, handcuffed and shackled, and denied adequate food. These conditions constitute additional punishments which can only be qualified as torture as defined in article 1 of the Convention.

Document(s)

The Death Penalty in the OSCE Area – Background Paper 2010

By Organization for Security and Co-operation in Europe (OSCE), on 8 September 2020


NGO report

Albania

ru
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This paper updates The Death Penalty in the OSCE Area: Background Paper 2009.It is intended to provide a concise update to highlight changes in the status of thedeath penalty in OSCE participating States since the previous publication and topromote constructive discussion of this issue. It covers the period from 1 July 2009to 30 June 2010. —– To find past OSCE papers please visit: http://www.osce.org/documents?keys=The+Death+Penalty+in+the+OSCE+Area+-+Background+Paper+

Document(s)

Guidelines on human rights education, for law enforcement officials

By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2011


2011

Working with...


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These guidelines aim to support systemic and effective human rights education for police and other law enforcement personnel. They were prepared on the basis of broad consultations involving police trainers, university lecturers, national human rights institutions and individuals involved in the design and delivery of educational curricula for law enforcement officials.

  • Document type Working with...

Document(s)

Guidelines on human rights education, for secondary school systems

By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2011


Working with...


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These guidelines, which focus on human rights education in secondary schools, aim to support systemic and effective human rights learning for all young people.

  • Document type Working with...

Document(s)

Italian : I FATTI PIÙ IMPORTANTI DEL 2009 (E DEI PRIMI SEI MESI DEL 2010)

By HANDS OFF CAIN, on 8 September 2020


2020

NGO report

en
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LA SITUAZIONE AD OGGI : L’evoluzione positiva verso l’abolizione della pena di morte in atto nel mondo da oltre dieci anni, si è confermata nel 2009 e anche nei primi sei mesi del 2010. I Paesi o i territori che hanno deciso di abolirla per legge o in pratica sono oggi 154. Di questi, i Paesi totalmente abolizionisti sono 96; gli abolizionisti per crimini ordinari sono 8; quelli che attuano una moratoria delle esecuzioni sono 6; i Paesi abolizionisti di fatto, che non eseguono sentenze capitali da oltre dieci anni o che si sono impegnati internazionalmente ad abolire la pena di morte, sono 44.

Document(s)

THE MOST IMPORTANT FACTS OF 2009 (and the first six months of 2010)

By HANDS OFF CAIN, on 8 September 2020


NGO report

en
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THE SITUATION TODAY The worldwide trend towards abolition, underway for more than ten years, was again confirmed in 2009 and the first six months of 2010. There are currently 154 countries and territories that, to different extents, have decided to renounce the death penalty. Of these: 96 are totally abolitionist; 8 are abolitionist for ordinary crimes; 6 have a moratorium on executions in place and 44 are de facto abolitionist (i.e. countries that have not carried out any executions for at least 10 years or countries which have binding obligations not to use the death penalty).

Document(s)

Ultimate Sanction: Understanding the Death Penalty Through Its Many Voices and Many Sides

By Robert M. Bohm / Kaplan Trade, on 1 January 2010


2010

Book

United States


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The book looks at the death penalty through interviews with people affected by the system in different ways. He uses interviews to explore issues of deterrence, retribution, and fairness, while taking a unique look at how the death penalty affects those who participate in the system.

  • Document type Book
  • Countries list United States
  • Themes list Fair Trial, Deterrence , Retribution,

Document(s)

German : Über Verbrechen und Strafen

By Cesare Beccaria-Bonesana / Tendler, on 8 September 2020


2020

Book

enenfrzh-hantes
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Im Sommer des Jahres 1764 erschien in Livorno im Großherzogtum Toskana, das damals zum Habsburger Reich gehörte, ohne Namen des Verfassers ein schmales Buch von eben hundert Seiten über Verbrechen und Strafen: ‘Dei Delitti e delle Pene’. Das Titelblatt gab einen Satz Bacons wieder, der besagen sollte, daß der Zweck, dem dieses Buch diente, nicht sofort und mit einem Male zu erreichen sei, doch an die Beständigkeit und Festigkeit seiner Propagierung der Erfolg sich knüpfen werde. Cesare Beccaria (geboren am 15. März 1738 in Mailand, gestorben am 28. November 1794 ebendort) bestritt in dieser Abhandlung den Sinn der Todesstrafe und verfocht soziale Bedingungen, die Verbrechen einschränken müßten. Es war dies der erste wahrhaft unabhängige und von Rücksichten freie literarische Ausdruck der Aufklärung im Reich der Kaiserin Maria Theresia. Die vorliegende Neuübersetzung folgt der letzten Ausgabe Beccarias von 1766 und bringt im Anhang Texte aus der zeitgenössischen Diskussion.’Mißhandlung und Folter, all das Furchtbare wurde entweder tatsächlich beseitigt oder in den Strafprozessen aller Staaten wenigstens abgemildert; und dies ist das Werk nur eines Buches.’

Document(s)

IHR: Papers and Discussions on Death Penalty

By Institute of Human Rights (IHR), on 1 January 2018


2018

Book

Philippines


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Collection of articles and speeches on the death penalty presented in two UP IHR organized academic fora by academics, government officials and civil society.

  • Document type Book
  • Countries list Philippines
  • Themes list Public opinion, Public debate, Death Penalty,

Document(s)

The death penalty in China

By Bin Lu, Hong Liang / Columbia University Press, on 1 January 2015


2015

Arguments against the death penalty


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Featuring experts from Europe, Australia, Japan, China, and the United States, this collection of essays follows changes in the theory and policy of China’s death penalty from the Mao era (1949–1979) through the Deng era (1980–1997) up to the present day. Using empirical data, such as capital offender and offense profiles, temporal and regional variations in capital punishment, and the impact of social media on public opinion and reform, contributors relay both the character of China’s death penalty practices and the incremental changes that indicate reform. They then compare the Chinese experience to other countries throughout Asia and the world, showing how change can be implemented even within a non-democratic and rigid political system, but also the dangers of promoting policies that society may not be ready to embrace.

  • Document type Arguments against the death penalty
  • Themes list Death Penalty, Country/Regional profiles,

Document(s)

Bylaws of the World Coalition Against the Death Penalty 2023

By World Coalition Against the Death Penalty, on 22 August 2023


2023

World Coalition

Trend Towards Abolition

fr
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Document(s)

Bylaws 2021

By World Coalition Against the Death Penalty, on 9 September 2021


2021

World Coalition

fr
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Bylaws of the World Coalition Against the Death Penalty As Amended by the 18 June 2021 General Assembly

  • Document type World Coalition
  • Available languages Statuts 2021

Document(s)

Capital Punishment, 2016 – Statistical Brief

By Bureau of Justice Statistics / Elizabeth Davis, on 8 September 2020


2020

NGO report

United States


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Presents statistics on persons under sentence of death at year-end 2016, including summary trends in the population, admissions to and releases from death row, the number of persons executed, and an advance count of executions in 2017. Data are from BJS’s National Prisoner Statistics(NPS-8 series.Highlights:- At year-end 2016, a total of 32 states and the Federal Bureau of Prisons (BOP) held 2,814 prisoners under sentence of death, which was 58 (2%) fewer than at year-end 2015.- California (26%), Florida (14%), and Texas (9%) held nearly half (49%) of the nation’s prisoners under sentence of death at year-end 2016; in 2016, Texas executed seven prisoners, Florida executed one, and California did not execute any prisoners.- In 2016, the number of prisoners under sentence of death decreased for the sixteenth consecutive year.- Twelve states received a total of 32 prisoners under sentence of death in 2016.- Five states executed a total of 20 prisoners in 2016, with Georgia (9) and Texas (7) accounting for 80% of executions.

  • Document type NGO report
  • Countries list United States

Document(s)

Death Penalty in the Palestinian Legal System: A Legal Review

By Maan Shihda Ideis / Independent Commission for Human Rights , on 1 January 2010


2010

International law - Regional body

ar
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ICHR carried out this review in order to assist the PNA in its attempts to join international community that did abolish death penalty from their legal system. In order for the PNA to ratify the various international conventions stipulating respect for the right to life and prohibits the execution of every human being. In this study, ICHR aims to define the practical steps that the PNA should take in order to abolish death penalty from the Palestinian legal system. According to Article (10) of the Basic Law of 2002, the human rights and fundamental freedoms shall be binding and respected by the PNA which shall, without delay, accede to the regional and international declarations and instruments that protect human rights, especially those international charters and resolutions that governing the right to life, the abolition of death penalty, and/or placing restrictions on the procedures of its execution.

Document(s)

Deciding Death

By Corinna Barrett Lain / Duke Law Journal, on 1 January 2007


2007

Article

United States


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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)

Litigating in the Shadow of Death

By Lawrence C. Marshall / University of Pittsburgh Law Review, on 1 January 2006


2006

Article

United States


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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)

The lethal injection quandary: how medicine has dismantled the death penalty

By Deborah W. Denno, on 1 January 2007


2007

Article

United States


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On February 20, 2006, Michael Morales was hours away from execution in California when two anesthesiologists declined to participate in his lethal injection procedure, thereby halting all state executions. The events brought to the surface the long-running schism between law and medicine, raising the question of whether any beneficial connection between the professions ever existed in the execution context. History shows it seldom did. Decades of botched executions prove it. This Article examines how states ended up with such constitutionally vulnerable lethal injection procedures, suggesting that physician participation in executions, though looked upon with disdain, is more prevalent— and perhaps more necessary —than many would like to believe. The Article also reports the results of this author’s unique nationwide study of lethal injection protocols and medical participation. The study demonstrates that states have continued to produce grossly inadequate protocols that severely restrict sufficient understanding of how executions are performed and heighten the likelihood of unconstitutionality. The analysis emphasizes in particular the utter lack of medical or scientific testing of lethal injection despite the early and continuous involvement of doctors but ongoing detachment of medical societies. Lastly, the Article discusses the legal developments that led up to the current rush of lethal injection lawsuits as well as the strong and rapid reverberations that followed, particularly with respect to medical involvement. This Article concludes with two recommendations. First, much like what occurred in this country when the first state switched to electrocution, there should be a nationwide study of proper lethal injection protocols. An independent commission consisting of a diverse group of qualified individuals, including medical personnel, should conduct a thorough assessment of lethal injection, especially the extent of physician participation. Second, this Article recommends that states take their execution procedures out of hiding. Such visibility would increase public scrutiny, thereby enhancing the likelihood of constitutional executions. By clarifying the standards used for determining what is constitutional in Baze v. Rees, the U.S. Supreme Court can then provide the kind of Eighth Amendment guidance states need to conduct humane lethal injections.

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

Document(s)

Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty

By Council of Europe, on 1 January 1983


1983

Regional body report

enenrufr
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Document(s)

SUMMARY OF THE MOST IMPORTANT FACTS OF 2002

By HANDS OFF CAIN, on 1 January 2003


2003

NGO report

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

Document(s)

The Contradictions of American Capital Punishment

By Franklin E. Zimring / Oxford University Press, on 1 January 2003


Book

United States


More details See the document

Why does the United States continue to employ the death penalty when fifty other developed democracies have abolished it? Why does capital punishment become more problematic each year? How can the death penalty conflict be resolved?In The Contradictions of American Capital Punishment, Frank Zimring reveals that the seemingly insoluble turmoil surrounding the death penalty reflects a deep and long-standing division in American values, a division that he predicts will soon bring about the end of capital punishment in our country. On the one hand, execution would seem to violate our nation’s highest legal principles of fairness and due process. It sets us increasingly apart from our allies and indeed is regarded by European nations as a barbaric and particularly egregious form of American exceptionalism. On the other hand, the death penalty represents a deeply held American belief in violent social justice that sees the hangman as an agent of local control and safeguard of community values.

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

Document(s)

RECOMMENDATION 1302 (1996) on the abolition of the death penalty in Europe

By Council of Europe / Parlamentary Assembly, on 1 January 1996


1996

Regional body report


More details See the document

The Assembly recalls Recommendation 1246 (1994) on the abolition of capital punishment. It welcomes the decision of the Committee of Ministers of 16 January 1996 to encourage member states which have not abolished the death penalty to operate, de facto or de jure, a moratorium on the execution of death sentences.

  • Document type Regional body report
  • Themes list International law,

Document(s)

The Death Penalty for Drug Offences: Global Overview 2022

on 24 March 2023


2023

NGO report

China

Democratic People's Republic of Korea

Drug Offenses

Indonesia

Iran (Islamic Republic of)

Malaysia

Saudi Arabia

Singapore

Viet Nam


More details See the document

Harm Reduction International has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007. This report, our twelfth on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international standards. As of December 2022, Harm Reduction International (HRI) recorded at least 285 executions for drug offences globally during the year, a 118% increase from 2021, and an 850% increase from 2020. Executions for drug offences are confirmed or assumed to have taken place in six countries: Iran, Saudi Arabia, Singapore, plus in China, North Korea and Vietnam – on which exact figures cannot be provided because of extreme opacity. Therefore, this figure is likely to reflect only a percentage of all drug-related executions worldwide. Confirmed death sentences for drug offences were also on the rise; with at least 303 people sentenced to death in 18 countries. This marks a 28% increase from 2021.

  • Document type NGO report
  • Countries list China / Democratic People's Republic of Korea / Indonesia / Iran (Islamic Republic of) / Malaysia / Saudi Arabia / Singapore / Viet Nam
  • Themes list Drug Offenses

Article(s)

Moving towards an inter-Arab coalition against the death penalty

on 1 May 2007

As of today, no country in North Africa and the Middle-East has yet abolished the death penalty. However, there are positive signs that the region is now ready to debate the issue – as can be seen from the profusion of discussions and exchanges that took place during the 3 rd World Congress against the Death Penalty.

2007

Public Opinion 

Women

Document(s)

THE MOST IMPORTANT FACTS OF 2001

By HANDS OFF CAIN, on 1 January 2002


2002

NGO report

en
More details See the document

The year 2001 has confirmed the accelerated trend towards the abolition of the death penalty on course for the past ten years. In 2001 the Federal Republic of Yugoslavia became totally abolitionist, Chile abolished the death penalty for ordinary crimes, Ireland removed all references to the death penalty from its constitution, Burkina Faso joined the group of de facto abolitionists not having carried out any executions for more than ten years, and Lebanon has imposed a moratorium on executions.

Article(s)

Connecticut increases momentum for abolition

By Elizabeth Zitrin, on 13 April 2012

Lawmakers in the US State of Connecticut have abolished capital punishment and the State’s governor has said that he would sign the bill into law. Elizabeth Zitrin of the US NGO Death Penalty Focus chairs the World Coalition’s working group on the United States. She writes on the significance of this news for the wider abolitionist movement.

2012

Murder Victims' Families

United States

Document(s)

WMA Resolution to Reaffirm the WMA’s Prohibition of Physician Partecipation in Capital Punishment

By World Medical Association, on 8 September 2020


2020

NGO report


More details See the document

The World Medical Association has strengthened its opposition to capital punishment with a resolution at its recent conference in Bangkok that “physicians will not facilitate the importation or prescription of drugs for execution.”

  • Document type NGO report
  • Themes list Trend Towards Abolition,

Document(s)

Deterrence and the Death Penalty

By John V. Pepper / Daniel S. Nagin / Committee on Deterrence and the Death Penalty / Committee on Law and Justice / Division on Behavioral and Social Sciences and Education / National Research Council , on 1 January 2012


2012

Book


More details See the document

Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious.

  • Document type Book
  • Themes list Deterrence ,

Document(s)

EU Policy on Death Penalty

By Council of Europe, on 1 January 2014


2014

Arguments against the death penalty


More details See the document

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

  • Document type Arguments against the death penalty

Document(s)

Leaflet – 2020 World Day

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


2020

Academic report

fr
More details Download [ - 0 Ko ]

2020 World Day 8-page leaflet

  • Document type Academic report
  • Themes list Fair Trial, World Coalition Against the Death Penalty, Death Penalty,
  • Available languages Brochure - Journée mondiale 2020

Document(s)

Hindi : 17 भारतीयों की अपील पर यूएई करे निष्पक्ष जांच: एमनेस्टी

By BBC, on 8 September 2020


Academic report

India


More details See the document

युक्त अरब अमीरात में एक पाकिस्तानी नागरिक की हत्या के लिए मौत की सज़ा पाने वाले 17 भारतीयों के मामले में मानवाधिकार संस्था एमनेस्टी इंटरनेशन ने यूएई की कड़ी आलोचना की है. एमनेस्टी ने भारतीयों को कथित तौर पर ‘प्रताड़ित किए जाने और ज़बरदस्ती उनसे अपराध मनवाने’ के बारे में यूएई की आलोचना की है.

  • Document type Academic report
  • Countries list India
  • Themes list Networks,

Article(s)

“Look at us with a merciful eye”

By Human Rights Watch, on 5 March 2013

Human Rights Watch is launching a 30-page report on juvenile offenders awaiting execution on Yemen’s death row.

2013

Juveniles

Yemen

Yemen

Article(s)

With 969 executions, 2015 turns out to be the deadliest year in Iran since 1990

By Marion Gauer, on 4 April 2016

This 8th annual report (released by Iran Human Rights and Ensemble contre la peine de mort) deals with the number of executions, the trend compared to previous years, the charges, the geographic distribution, as well as the monthly breakdown of the executions in Iran in 2015. These two organizations have been collaborating since 2011, in order to provide annual assessment and analysis of the death penalty trends in Iran. The 2015 report is the result of hard work from IHR members and supporters who took part in the documenting, analyzing and writing of its content.

2016

Iran (Islamic Republic of)

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)

Capital Punishment, 2009 – Statistics Tables

By Bureau of Justice Statistics / US Department of Justice, on 8 September 2020


2020

NGO report

United States


More details See the document

At yearend 2009, 36 states and the Federal Bureau of Prisons held 3,173 inmates under sentence of death, which was 37 fewer inmates than at yearend 2008. This represents the ninth consecutive year that the population has decreased. California, Florida, Texas, and Pennsylvania held half of all inmates on death row as of December 31, 2009. The Federal Bureau of Prisons held 55 inmates.

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

Document(s)

Annual report on the death penalty in Iran 2020

By Iran Human Rights (IHR), ECPM (Together Against the Death Penalty), on 4 May 2021


2021

NGO report

Iran (Islamic Republic of)

fa
More details See the document

The 13th annual report on the death penalty by Iran Human Rights (IHR) and ECPM (Together Against the Death Penalty) provides an assessment and analysis of the death penalty trends in 2020 in the Islamic Republic of Iran.

Document(s)

REPORT OF THE TASK FORCE ON REVIEW OF THE MANDATORY DEATH SENTENCE UNDER SECTION 204 OF THE PENAL CODE

By THE TASK FORCE ON REVIEW OF THE MANDATORY DEATH SENTENCE , on 1 January 2019


2019

International law - Regional body


More details See the document

The report incorporates the results of the audit and recommendations for the design of a comprehensive framework for resentence hearings of capital offenders in Kenya. The framework could guide courts to conduct the resentence hearing process in a structured and evidence-based manner, taking into consideration all the key information that is necessary for mitigation, reintegration and resettlement needs of the offenders, allow the input of the victims, families and communities to be considered, and ensure consistency in resentencing judgments across the country.

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

Document(s)

How to Work with National Human Rights Institutions to Abolish the Death Penalty – A Practical Guide

By World Coalition Against the Death Penalty, on 17 November 2022


2022

Working with...

World Coalition

Trend Towards Abolition

fr
More details Download [ pdf - 2375 Ko ]

National Human Rights Institutions (NHRIs) role as influential human rights actors is paramount, and as such their contributions to abolition of the death penalty should not be underestimated when developing an anti-death penalty strategy. Expertly written by the President of the of the Beninese Commission on Human Rights, this guide’s content has been bolstered by examples and advice coming from nongovernmental organizations (NGOs) in the field. Working with NHRIs can seem like a daunting task, especially for civil society organizations that do not have previous experience working with them. As such, this guide has been specifically designed for abolitionist civil society groups around the world, both beginners and advanced activists, with a focus on the African continent.

Document(s)

UPR Pre-Session Statement on the Death Penalty in Iran

By Iran Human Rights (IHR) / World Coalition Against the Death Penalty, on 1 January 2014


2014

NGO report


More details See the document

This statement is delivered on behalf of the World Coalition against the Death Penalty (WCADP), Iran Human Rights (IHR), Abdorrahman Boroumand Foundation,The Advocates for Human Rights, an NGO with special consultative status, and Association for Human Rights in Kurdistan of Iran-Geneva.The statement addresses the following issues: (1) extensive use of the death penalty(official and unofficial figures); (2) the death penalty against juvenile offenders; (3) public executions; (4) the death penalty for murder or “qesas/retribution;” (5) the death penalty for drug-related charges, and; (6) the death penalty for other non-violent offenses.

  • Document type NGO report
  • Themes list Juveniles, Minorities, International law, Capital offences, Right to life, Drug Offences, Hanging, Stoning,

Document(s)

Press article: reporting the death penalty

By Ensemble contre la peine de mort (ECPM), on 1 January 2017


2017

NGO report


More details See the document
  • Document type NGO report
  • Themes list Public debate, Member organizations, Death Penalty,

Document(s)

India and the Death Penalty Using the Media: How an Event Can Influence the Establishment of the Death Penalty

By Ensemble contre la peine de mort (ECPM), on 1 January 2017


NGO report


More details See the document
  • Document type NGO report
  • Themes list Public debate, Member organizations, Death Penalty,

Document(s)

No death penalty: Essay on the human dignity of the guilty

By Alfredo De Francesco , on 11 January 2022


2022

Book


More details See the document

Is the death penalty “natural” or sometimes legally due?
If not, is the death penalty always a political instrument?
If so, how and why can it be said that the death penalty is unjust, also considering religious values?
What about in case of war time or of very dangerous criminals?
In which way can there be an irrefutable argument for banning the death penalty worldwide and forever?

These and other issues concerning the death penalty are addressed by the Author of this book.
A book, where the most common theories for and against the death penalty are considered in the light of law history and philosophical views, and where Cesare Beccaria’s approach is revised, taking into account the development of the contemporary criminal law and of the legal positivism.

This is an essay, where the protection of humanity is not considered simply as a hope or as a naive dream, but rather as a juridical concept, absolutely necessary to understand one of most tragic questions of all time: “is it just to kill those who killed?”

  • Document type Book

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)

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)

How to answer the deterrence argument

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


2015

Arguments against the death penalty

fr
More details Download [ pdf - 1642 Ko ]

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

Document(s)

Texas Death Penalty Developments in 2016: The Year in Review

By Texas Coalition to Abolish the Death Penalty, on 1 January 2016


2016

NGO report


More details See the document

TCADP reviews the death penalty situation in Texas in 2016: The State of Texas executed seven people in 2016, the lowest number of executions in two decades. Seven other individuals with execution dates received reprieves from the Texas Court of Criminal Appeals. It was only the second time since the resumption of executions in 1982 that no African-Americans were put to death in Texas.

  • Document type NGO report
  • Themes list Discrimination, Intellectual Disability, Death Penalty, Statistics, Country/Regional profiles,

Document(s)

Addressing Capital Punishment Through Statutory Reform

By Douglas A. Berman / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


More details See the document

State legislatures principally have been responsible for the acceptance and evolution (and even sometimes the abandonment) of capital punishment in the American criminal justice system from the colonial and founding eras, through the nineteenth and twentieth centuries, and now into the twenty-first century. A number of colonial legislative enactments, though influenced by England’s embrace of the punishment of death, uniquely defined and often significantly confined which crimes were to be subject to capital punishment.[1] State legislatures further narrowed the reach of the death penalty through the early nineteenth century as states, prodded often by vocal abolitionists and led by developments in Pennsylvania, divided the offense of murder into degrees and provided that only the most aggravated murderers would be subject to the punishment of death. The late nineteenth and early twentieth centuries also saw states, as the product of legislative enactments, move away from mandating death as the punishment for certain crimes by giving juries discretion to choose which defendants would be sentenced to die. Throughout all these periods, statutory enactments have also played a fundamental role in the evolution of where and how executions are carried out.

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

Document(s)

WHEN THE FEDERAL DEATH PENALTY IS “CRUEL AND UNUSUAL”

By Michael J. Zydney Mannheimer / The University of Cincinnati Law Review, on 1 January 2006


2006

Article

United States


More details See the document

Recent changes to the way the U.S. Department of Justice decides whether to pursue capital charges have made it more likely that the federal death penalty will be sought in cases in which the criminal conduct occurred within States that do not authorize capital punishment for any crime. As a result, since 2002, five people have been sentenced to death in federal court for conduct that occurred in States that do not authorize the death penalty. This state of affairs is in serious tension with the Eighth Amendment’s proscription against “cruel and unusual punishments.”

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

Document(s)

Appointed but (Nearly) Prevented From Serving: My Experiences as a Grand Jury Foreperson

By Phyllis L. Crocker / Ohio State Journal of Criminal Law, on 1 January 2004


2004

Article

United States


More details See the document

I begin this essay with basic information about grand juries, then tell what happened to our grand jury, and conclude by reflecting on what I learned from this experience. My theme is the tension between the grand jury’s independence and the prosecutor’s desire to control it. The lesson I learned, intellectually and emotionally, is the depth and tenacity of the prosecutor’s assumption that he does control, and has the right to control, the grand jury process. I also learned some lessons about being a client, and believing in oneself and one’s principles.

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

Document(s)

Is Public Opinion a Justifiable Reason Not to Abolish the Death Penalty? A Comparative Analysis of Surveys of Eight Countries

By Roger Hood / Berkeley Journal of Criminal Law, on 1 January 2018


2018

Article


More details See the document

Roger Hood, “Is Public Opinion a Justifiable Reason Not to Abolish the Death Penalty? A Comparative Analysis of Surveys of Eight Countries”, 23 Berkeley J. Crim. L. 218 (2018)

  • Document type Article
  • Themes list Public opinion, Death Penalty,

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)

Silently Silenced: State-Sanctioned Killing of Women

By Eleos Justice, Cornell Center on the Death Penalty Worldwide , on 30 March 2023


2023

Academic report

Women


More details See the document

Silently Silenced: State-Sanctioned Killing of Women examines States’ involvement in ‘feminicide’. Feminicide is understood as the gender-motivated killing of women and girls that States actively engage in, condone, excuse, or fail to prevent. We use the term ‘feminicide’ to refer to the various forms of State-sanctioned killing of women and girls. In this report, we outline States’ direct involvement and complicity in the killings of women and girls and explain these deaths as a product of gendered forms of structural violence upheld and sustained by the State. We examine 3 types of feminicide: gender- related killings of women directly perpetrated by the State, such as the death penalty and extrajudicial killings; gender-related killings of women committed by non-State actors that are excused or condoned by the State; and gender-related killings of women that the State failed to prevent.

  • Document type Academic report
  • Themes list Women

Document(s)

Failings of the Supreme Court, Human Sacrifice, Sentencing and the Death Penalty

By Anup Surendranath / Economic and Political Weekly, on 1 January 2020


2020

Article

India


More details See the document

In the judicial discourse on the relationship between human sacrifice and punishment in criminal law, there are glaring errors. Looking closely at the Supreme Court’s judgment in Ishwari Lal Yadav v State of Chhattisgarh, the deviation from the principle of individualised sentencing and the consequences of ignoring evidence on the complex anthropological and psychological dimensions of human sacrifice are reflected upon.

  • Document type Article
  • Countries list India
  • Themes list Hanging,

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,

Article(s)

To escape the death penalty: be rich and kill a foreigner

on 24 February 2010

The racial origin of the victim and the social class of the criminal are key factors of discrimination.

2010

Bahrain

Fair Trial

Pakistan

Saudi Arabia

Article(s)

China’s “efforts to gradually reduce the application of the death penalty”

By Aurélie Plaçais, on 30 October 2014

Following a decision by the Communist Party’s Central Committee in November 2013 to “gradually reduce the number of crimes punishable by death”, a draft amendment to China’s criminal law was submitted for initial review to the country’s National People’s Congress this week.

2014

China

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


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)

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)

China Against the Death Penalty Report 2012

By China Against the Death Penalty, on 1 January 2012


2012

NGO report

zh-hant
More details Download [ pdf - 170 Ko ]

The original report in Chinese was in three parts. Part I, translated here, outlines the legal system and its application in relation to the death penalty. Part II introduces the use of the death penalty review system following the Supreme People’s Court’s resumption of its power to review death sentences on January 1st, 2007. Part II also analyses the influence of the death penalty review system on the new criminal procedure law that will come into effect in 2013. Part III introduces a number of death penalty cases.

Document(s)

Financial Costs of the Death Penalty

By Office of Performance Evaluations Idaho Legislature, on 1 January 2014


2014

Government body report


More details See the document

Idaho’s death penalty involves many criminal justicestakeholders at both the local and state levels and in all three branches of government. Because death penalty processes involve so many entities, legislators asked for a better understanding of the structure, workings, and costs. The following events also sparked legislative interest: (1) two offenders sentenced to death werelater released from prison in 2001 and (2) two recent executions after a 17-year pause.Legislators wanted to know whether costs of sentencingdefendants to death could be compared with costs of sentencing them to life in prison.

  • Document type Government body report
  • Themes list Statistics, Financial cost,

Document(s)

Last Woman Hanged

By Caroline Overington / Harper Collins, on 1 January 2018


2018

Book


More details See the document

In January 1889, Louisa Collins, a 41-year-old mother of ten children, became the first woman hanged at Darlinghurst Gaol and the last woman hanged in New South Wales. Louisa Collins was hanged at a time when women were in no sense equal under the law — except when it came to the gallows. They could not vote or stand for parliament — or sit on juries.

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

Document(s)

Indonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusi

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


2020

NGO report

enenenenenenenenzh-hant
More details See the document

Lebih banyak orang yang dieksekusi mati di kawasan Asia-Pasifik dibandingkan dengan gabungan jumlah hukuman mati di kawasan lain di dunia. Ditambah lagi adanya kemungkinan bahwa mereka dieksekusi hukuman mati setelah melalui sebuah peradilan yang tidak adil, maka ketidakadilan yang sangat besar dari hukuman ini menjadi semakin jelas.

Document(s)

Portuguese : PENA DE MORTE: SOLUÇÃO DA VIOLÊNCIA OU VIOLAÇÃO DO DIREITO À VIDA?

By Jean Frederick Silva e Souza / Revista Direito e Liberdade, on 8 September 2020


Article

Brazil


More details See the document

Visa o presente artigo a destacar a preocupação do homem com a criminalidade, procurando encontrar meios que possam minimizá-la. Objetiva tornar o assunto objeto de discussão. O tema, dividido em subtemas, procura, no contexto da História, demonstrar como foi tratado esse assunto, verificando a constatação do problema, tomando como medida a paz social. Trata, também, dos aspectos constitucionais sobre o direito à vida, e da sua importância para o ser humano. Detém-se este trabalho à inconstitucionalidade da pena de morte em nosso país, através de uma análise da doutrina a mais científica possível, capaz de conduzir à conscientização inalienada sobre o tema em pauta. Este texto jurídico demonstra que a pena capital não é a solução para a violência, mas uma forma de violar o nosso maior direito, a vida.

  • Document type Article
  • Countries list Brazil
  • Themes list Right to life,

Document(s)

Psychological Assessments in Legal Contexts: Are Courts Keeping “Junk Science” Out of the Courtroom?

By Tess M. S. Neal / Psychological Science in the Public Interest, on 1 January 2020


2020

Article

United States


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This article reports the results of a two-part investigation of psychological assessments proposed as expert evidence in legal context.

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

Document(s)

Death Penalty Sentencing in Trial Courts: Delhi, Madhya Pradesh and Maharashtra (2000-2015)

By Project 39A, on 1 January 2019


2019

Academic report


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Compiled by Project 39A from the National University Law in Delhi, India and based on numerous figures and statistics, this report attempts to understand how death sentencing is practised among the district and sessions courts in India.

  • Document type Academic report
  • Themes list Death Penalty,

Document(s)

Black Deaths Matter: The Race-of-Victim Effect and Capital Punishment

By Daniel Medwed / Northeastern, on 1 January 2020


2020

Article

United States


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The racial dimensions of the death penalty are well-documented. Many observers assume this state of affairs derives from bias—often implicit and occasionally explicit—against black defendants in particular. Research points to an even more alarming factor. The race of the victim, not the defendant, steers cases in the direction of death. Regardless of the perpetrator’s race, those who kill whites are more likely to face capital charges, receive a death sentence, and die by execution than those who murder blacks. This short Essay adds a contemporary gloss to the race-of-victim effect literature, placing it in the context of the Black Lives Matter movement and showing how it relates to the broader, systemic devaluation of African-American lives.

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

Document(s)

The Condemned

By The Intercept, on 1 January 2019


2019

International law - Regional body


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

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

Document(s)

A Stolen Life: The Debra Milke Story

By Jana Bommersbach, on 1 January 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)

River of Fire: My Spiritual Journey

By Helen Prejean / Random House, on 1 January 2019


Book

United States


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River of Fire is a book for anyone interested in journeys of faith and spirituality, doubt and belief, and “catching on fire” to purpose and passion. It is a book, written in accessible, luminous prose, about how to live a spiritual life that is wide awake to the sufferings and creative opportunities of our world.

  • Document type Book
  • Countries list United States
  • Themes list Death Penalty,

Document(s)

Prosecutorial Discretion and Sentencing in Singapore

By Oxford University Commonwealth Law Journal / Kumaralingam Amirthalingam, on 1 January 2018


2018

Academic report


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Singapore recently amended its laws to replace the mandatory death penalty regime for murder and drug trafficking with a discretionary sentencing regime under certain conditions. One of the conditions with respect to drug trafficking was that the convicted trafficker had to be granted a certificate by the Public Prosecutor stating that the trafficker had provided substantive assistance that led to the disruption of drug trafficking activities. That decision is not subject to judicial review except under very narrow circumstances, protected in the same way as the constitutionally protected prosecutorial discretion.

  • Document type Academic report
  • Themes list Due Process , Fair Trial, Death Penalty,

Document(s)

Does the death penalty give victims closure? Science says no

By Linda Lewis Griffith / San Luis Obispo Tribune, on 1 January 2019


2019

Article

United States


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This article deals with one of the main arguments of defenders of the capital sentence: is the death penalty a source of relief for the victims?

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

Document(s)

The Deprived: Innocent On Death Row

By Steffen Hou / BookBaby, on 1 January 2019


Book

United States


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

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

Document(s)

Death Penalty in India: 2018 Annual Statistics Report

By Project 39A, on 1 January 2019


NGO report


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

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