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2486 Document(s) 1078 Member(s) 834 Article(s) 12 Page(s)

Document(s)

Thai : แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)

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


2020

NGO report

enenenenenenzh-hant
More details See the document

ในรายงานฉบับนี้ มีการทบทวนคดีต่างๆ ที่เกิดขึ้นซึ่งสะท้อนให้เห็นอย่างชัดเจนถึงอันตรายร้ายแรงของการใช้โทษประหารชีวิต การตัดสินว่าใครจะถูกประหารและใครที่จะรอด มักไม่ แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)

Member(s)

Coalition nationale tunisienne contre la peine de mort

on 30 April 2020

The National Tunisian Coalition Against the Death Penalty (CTCPM) was founded in 2007 and legally recognized in 2012 after the fall of dictator Ben Ali. The CTCPM continues many generations of activist’ fight for the abolition of the death penalty since the mid-1970s. The CTCPM’s objectives are written down in its charter: – Achieving the abolition […]

2020

Tunisia

Member(s)

Magistrats européens pour la démocratie et les libertés (MEDEL)

on 30 April 2020

European Judges and Public Prosecutors for Democracy and Fundamental Rights (Magistrats européens pour la démocratie et les libertés – MEDEL)) is an association regrouping 23 association of judges and prosecutors coming from 16 European countries. Its activities are centred on debates and studies on the independence of the judiciary and international judicial co-operation, in connection […]

Germany

Member(s)

Iran Human Rights

on 30 April 2020

Iran Human Rights (IHR) is a non-profit politically independent NGO with a mission to build a strong civil society by empowering citizens, promoting and defending human rights as defined by the Universal Declaration of Human Rights. Abolition of the death penalty is one of the main objectives of IHR’s activities. With its broad network of […]

Iran (Islamic Republic of)

Document(s)

Urdu : آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)

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


2020

NGO report

enenenenenenzh-hant
More details See the document

اس رپورٹ کو ترتیب دیتے ہوئے کئی مقدمات کا دوبارہ جائزہ لیا گیا جس سے سزائے موت پر عمل درآمد سے پیدا ہونے والے اصل خطرات ظاہر ہوئے ہیں۔ آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)

Document(s)

Belarusian : відэа: “Палёт”

By Праваабарончы цэнтр "Вясна", on 8 September 2020


Academic report

Belarus


More details See the document

Анімацыйная стужка, створаная таленавітымі валанцёрамі кампаніі “Праваабаронцы супраць смяротнага пакарання” раскрывае тэму незваротнасці і жорсткасці смяротнага прысуду. Беларусь — апошняя краіна ў Еўропе і на постсавецкай прасторы, якая выкарыстоўвае смяротнае пакаранне.

  • Document type Academic report
  • Countries list Belarus
  • Themes list International law, Public opinion,

Document(s)

Public Opinion On The Death Penalty In Singapore: Survey Findings

By National University of Singapore / Chan Wing Cheong / Tan Ern Ser / Jack Lee / Braema Mathi, on 1 January 2018


2018

Academic report


More details See the document

Informations and survey findings about the public opinion on the death penalty in Singapore

  • Document type Academic report
  • Themes list Public opinion, Death Penalty,

Document(s)

Anti-death penalty group launches handbook

By Manila Bulletin, on 1 January 2018


Article

Philippines


More details See the document

The Catholic Bishops’ Conference of the Philippines-Episcopal Commission on Prison Pastoral Care, together with the Free Legal Assistance Group, the Commission on Human Rights, and other members of the Anti-Death Penalty Task Force, have launched a handbook opposing the capital punishment and the drug war.

  • Document type Article
  • Countries list Philippines
  • Themes list Drug Offences, Death Penalty,

Document(s)

Myuran Sukumaran: Another Day in Paradise

By Myuran Sukumaran / Bendigo Art Gallery, on 1 January 2018


Working with...


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Another Day in Paradise is the first major exhibition by Myuran Sukumaran along with a series of newly commissioned artworks by leading Australian artists, Abdul-Rahman Abdullah, Megan Cope, Jagath Dheerasekara, Taloi Havini, Khaled Sabsabi, Matthew Sleeth.It presents the significant body of work produced while incarcerated in Bali’s Kerobokan Prison, Denpasar and during the final 72 hours of his life spent on Nusa Kambangan Island. For Myuran, painting was a means of communicating with the world and a redemptive practice.

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

Document(s)

3 questions to Arthur Judah, former death row prisoner

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


Working with...


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

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

Document(s)

3 questions to Susan Kigula, former death row prisoner

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


Working with...


More details See the document

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

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

Document(s)

Death Qualification in Black and White: Racialized Decision Making and Death‐Qualified Juries

By Craig Haney / Mona Lynch / SSRN, on 1 January 2018


Academic report


More details See the document

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

  • Document type Academic report

Document(s)

Capital Punishment in Twentieth-Century Britain. Audience, Justice, Memory

By Lizzie Seal / Solon, on 8 September 2020


2020

Book

United Kingdom


More details See the document

Drawing on primary research, this book explores the cultural life of the death penalty in Britain in the twentieth century, including an exploration of the role of the popular press and a discussion of portrayals of the death penalty in plays, novels and films. Popular protest against capital punishment and public responses to and understandings of capital cases are also discussed, particularly in relation to conceptualisations of justice.

  • Document type Book
  • Countries list United Kingdom
  • Themes list Trend Towards Abolition, Death Penalty, Country/Regional profiles,

Document(s)

Lethal Rejection: An Empirical Analysis of the Astonishing Plunge in Death Sentences in the United States from Their Post-Furman Peak

By Talia Roitberg Harmon / David McCord / Albany Law Review, on 1 January 2018


2018

Article

United States


More details See the document

The authors gathered information on 1665 death-eligible cases nationwide for three years at decade intervals: 1994, 2004, and 2014. In 517 cases death sentences were imposed; in 311 cases sentences spared the defendants from death sentences, and in 837 cases prosecutors spared defendants from death sentences.

  • Document type Article
  • Countries list United States
  • Themes list Death Penalty, Statistics, Country/Regional profiles,

Document(s)

SUSPENSE: TWELVE YEARS LIVING AND LONGING ON DEATH ROW

By Marit Lund Bødtker, on 1 January 2018


Book


More details See the document

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

  • Document type Book
  • Themes list Innocence,

Document(s)

The Sun Does Shine: How I Found Life and Freedom on Death Row

By Amazon Digital Services / Lara Love Hardin / Anthony Ray Hinton, on 1 January 2018


Book

United States


More details See the document

Autobiography of Anthony Ray Hinton, the 152nd death row exoneree in the USA. In 1985, Anthony Ray Hinton was arrested and charged with two counts of capital murder in Alabama.With no money and a different system of justice for a poor black man in the South, Hinton was sentenced to death by electrocution.With the help of civil rights attorney and bestselling author of Just Mercy, Bryan Stevenson, Hinton won his release in 2015.

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

Document(s)

Infinite Hope: How Wrongful Conviction, Solitary Confinement, and 12 years on Death Row Failed to Kill My Soul

By Anthony Graves / Beacon Press, on 1 January 2018


Book

United States


More details See the document

Autobiography of Anthony Graves, an innocent exonerated from death row in the USA. In the summer of 1992, a family was beaten and stabbed to death in Somerville, Texas. The perpetrator set the house on fire to cover his tracks, deepening the heinousness of the crime and rocking the tiny community to its core. Authorities were eager to make an arrest. Five days later, Anthony Graves was in custody.Graves was indicted, convicted of capital murder, sentenced to death, and, over the course of twelve years on death row, given two execution dates. He was not freed for eighteen years, two months, four days.

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

Document(s)

Death Penalty in India: Annual Statistics Report 2017

By NLU Delhi , on 1 January 2017


2017

NGO report


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

Document(s)

Death Penalty in India: 2018 Annual Statistics Report

By Project 39A, on 1 January 2019


2019

NGO report


More details See the document

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

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

Document(s)

Mom of murdered son finds ‘only pain’ from death penalty

By Florida Today, on 8 September 2020


2020

Academic report

United States


More details See the document

Politicians champion the death penalty while they campaign and are in office, and then they retire and move on, never having to deal with the reality of it.

  • Document type Academic report
  • Countries list United States
  • Themes list Murder Victims' Families, Death Penalty, Country/Regional profiles,

Document(s)

The Ride: A Shocking Murder and a Bereaved Father’s Journey from Rage to Redemption

By Brian MacQuarrie , on 1 January 2012


2012

Arguments against the death penalty


More details See the document

The Ride tells the true story of one of the most gruesome crimes in recent memory—the 1997 abduction and murder of ten-year-old Massachusetts resident Jeffrey Curley—and how his father, Bob Curley, managed to heal the deep wounds of rage and emerge to become an outspoken critic of the death penalty.In vivid, compelling prose, Boston Globe reporter Brian MacQuarrie recounts the brutal crime that shocked New England and chronicles what transpires after Jeffrey’s death, which is nearly as shocking as the crime itself. At the heart of this deeply touching story is the way Bob Curley summons the almost superhuman courage to reject the death penalty. In tracing his personal journey, The Ride presents an appealing everyman hero forced into the spotlight by unfathomable circumstances, and compelled to confront the consequences of his fury.

  • Document type Arguments against the death penalty
  • Themes list Public opinion, Murder Victims' Families, Death Penalty,

Document(s)

Deadly Justice: A Statistical Portrait of the Death Penalty

By Oxford University Press / Frank Baumgartner, on 1 January 2017


2017

Book


More details See the document

Provides a comprehensive statistical assessment of how the death penalty has been applied over the entire modern period, 1976 to present

  • Document type Book
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Penalty, Statistics,

Document(s)

Japanese Moratorium on the Death Penalty

By Mika Obara-Minnitt, on 1 January 2016


2016

Book

Japan


More details See the document

While the number of states that retain capital punishment is declining, Japan has maintained the death penalty in its legislation. In the case of Japan, the government has consistently justified the retention and use of the death penalty on the basis of national law. However, the country as recently experienced a number of de facto moratorium periods on executions. This book addresses how the Ministry of Justice in Japan has justified capital punishment policy during these de facto moratorium periods. The primary goal of this volume is to provide a better understanding of the elite-driven nature of the capital punishment system in Japan. It also addresses the domestic and cultural factors of the capital punishment policy and the rhetoric of the Ministry of Justice in its justification of capital punishment policy.

  • Document type Book
  • Countries list Japan
  • Themes list Moratorium , Death Penalty, Country/Regional profiles,

Document(s)

The Death Penalty in Singapore: in Decline but Still Too Soon for Optimism

By National University of Singapore, on 1 January 2016


Article

Singapore


More details See the document

A survey on Singaporeans’ opinion on the death penalty, which was led by Assoc Prof Chan Wing Cheong from the NUS Faculty of Law, found that most Singaporeans are in favour of the death penalty but less so for certain cases. Fewer support the death penalty for drug trafficking and firearms in cases where no one dies or is injured and there is also less support for the mandatory death penalty. The survey polled 1,500 Singapore citizens aged 18 to 74 between April and May 2016.For a free summary of the study: http://news.nus.edu.sg/highlights/11231-death-penalty-support-not-clear-cut

  • Document type Article
  • Countries list Singapore
  • Themes list Public opinion, Public debate, World Coalition Against the Death Penalty, Death Penalty, Statistics, Country/Regional profiles,

Document(s)

The Death Penalty in 2016: video summary of DPIC Year End Report.

By Death Penalty Information Center, on 1 January 2016


NGO report


More details See the document

DPIC’s 2016 Year-End Report: another record decline in death penalty use in the US. A video summary of the report.

  • Document type NGO report
  • Themes list Trend Towards Abolition, Death Penalty, Statistics, Country/Regional profiles,

Document(s)

The Death Penalty and Victims

By United Nations, on 1 January 2016


International law - United Nations


More details See the document

This publication includes perspectives from a broad range of victims. While some of them are family members of crime victims, others are victims of human rights violations in application of the death penalty, of its brutality and traumatic effects. Victims’ perspectives, taken holistically, make a compelling case against the death penalty. When it comes to the death penalty, almost everyone loses. The perspectives of the victims on the death penalty as reflected in this book are likely to provoke tough discussions. This may be a welcome challenge. The publication was launched at a high-level event on 21st September at the UN in New York.The full recording of the event and the programme is available at: texte

  • Document type International law - United Nations
  • Themes list Innocence, Murder Victims' Families, Death Penalty,

Document(s)

The Last Verdict

By Jamie Arpin-Ricci, on 1 January 2016


Book

Canada


More details See the document

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

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

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

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

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

Document(s)

Shepherds and Butchers

By Oliver Schmitz, on 1 January 2016


Legal Representation


More details See the document

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

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

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

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

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

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

Document(s)

Confronting the Death Penalty. How Language Influences Jurors in Capital Cases

By Oxford University Press / Robin Conley, on 1 January 2015


2015

Book

United States


More details See the document

Confronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book explores the means through which language helps to make death penalty decisions possible – how specific linguistic choices mediate and restrict jurors’, attorneys’, and judges’ actions and experiences while serving and reflecting on capital trials. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making – conveyed in the form of authoritative legal language – when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.

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

Document(s)

The Harrowing Testimonies of Death Penalty Executioners

By Lucy Tiven / attn, on 1 January 2016


2016

Working with...


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The accounts of the “anonymous execution teams” who implement the death penalty are chilling, and rarely reach the public sphere, because their identities are protected by stringent state laws. Rare interviews from retired corrections officers, wardens, and prison chaplains, as well as those included in the 2000 Peabody Award winning radio documentary “Witness to an Execution” give us glimpses of executioners and their experiences.

  • Document type Working with...
  • Themes list Methods of Execution, Lethal Injection, Electrocution, Death Penalty,

Document(s)

Slavery and the Death Penalty

By Routledge / Bharat Malkani, on 1 January 2018


2018

Book

United States


More details See the document

It has long been acknowledged that the death penalty in the United States of America has been shaped by the country’s history of slavery and racial violence, but this book considers the lesser-explored relationship between the two practices’ respective abolitionist movements. The book explains how the historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. The comparative study also sheds light on the nature of such efforts, and offers lessons for how death penalty abolitionism should proceed in future. Using the history of slavery and abolition, it is argued that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists.

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

Document(s)

The Deprived: Innocent On Death Row

By Steffen Hou / BookBaby, on 1 January 2019


2019

Book

United States


More details See the document

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)

Mongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъя

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


2020

NGO report

enenenenenenenenzh-hant
More details See the document

Ази, Номхон далайн бүсэд дэлхийн бусад орнуудыг нийлүүлж тооцсоноос ч илүү олон хүнийг цаазалж байна. Үүнээс гадна тэр хүмүүсийг шударга бус шүүхээр шүүсэн байх магадлалтай бөгөөд энэхүү шийтгэл нь асар ичгүүргүй, шударга бус болох нь улам ойлгомжтой болсоор байна.

Document(s)

Hindi : आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)

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


NGO report

enenenenenenzh-hant
More details See the document

इस रिपोर्ट संकलन में मामलों की संख्या की समीक्षा की गई है जो स्पष्ट रूप से मौत की सजा को लागू करने के बहुत असली खतरों का प्रदर्शन. आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)

Document(s)

Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.

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


NGO report

enenenenenenenenzh-hant
More details See the document

아시아∙태평양 지역에서는 세계 나머지 모든 곳을 다 합친 것보다 더 많은 사람이 사형을 당한다. 게다가 불공정한 재판을 받고 사형당할 가능성까지 감안하면 사형이 얼마나 부당한 제도인지 명백히 드러난다. 공정한 재판을 받지 못한 채 사형이 집행된 후에는 이를 되돌이킬 방법이 전혀 없다.

Document(s)

Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิต

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


NGO report

enenenenenenenenzh-hant
More details See the document

Document(s)

Urdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغ

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


NGO report

enenenenenenenenzh-hant
More details See the document

ںیم سا ۔ےہ یتاج ید توم ےازس وک دارفا ہدایز ےس ایند یقاب ںیم ےطخ کفسیپ ایشیا ںیم ےجیتن ےک تعامس ہنافصنمریغ ںیہنا ہک ےئاج ایل رک لماش یھب وک ناکما سا رگا ۔ےہ یتاجوہ حضاو یفاصناان یعومجم یک ازس سا وت یئگ ید ازس

Document(s)

Tagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang Pagbitay

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


NGO report

enenenenenenenenzh-hant
More details See the document

Mas maraming tao ang pinarusahan ng kamatayan sa Rehiyong Asya-Pasipikokung ikukumpara sa pinagsamang iba pang bahagi ng mundo. Idagdag pa rito ang probabilidad na sila ay binitay pagkatapos ng di-makatarungang paglilitis, at lalong lilinaw ang garapal na inhustisya ng parusang ito.

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


More details See the document

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)

Japanese : 不当に奪われる生命 ~アジアにおける不公正な裁判を止め、 死刑執行の停止を~

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


2020

NGO report

enenenenenenenenzh-hant
More details See the document

アジア太平洋地域における死刑の執行数は、世界の他の地域の合計数よりも多い。その上、不公正な裁判で処刑された可能性や、死刑の著しい不正義が明らかに なっている。誤判で死刑判決が言い渡されると、取り返しがつかない。アジア 太平洋地域の人口の95パーセントが、 死刑を存置

Document(s)

Hindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करो

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


NGO report

enenenenenenenenzh-hant
More details See the document

संयुक्त दुनिया के बाकी की तुलना में एशिया – प्रशांत क्षेत्र में और अधिक लोगों को क्रियान्वित कर रहे हैं. इस संभावना है कि वे एक अनुचित परीक्षण के बाद मार डाला गया जोड़ें, और इस सज़ा के सकल अन्याय सब भी स्पष्ट हो जाता है.

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


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


More details See the document

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


More details See the document

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


More details See the document

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


More details See the document

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

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

Document(s)

A Stolen Life: The Debra Milke Story

By Jana Bommersbach, on 1 January 2019


Book

United States


More details See the document

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


More details See the document

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


More details See the document

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)

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

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


2015

Article

United States


More details See the document

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

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

Member(s)

Children Education Society (CHESO)

on 30 April 2020

The mandate of Children Education Society (CHESO) is: – To combat causes of most vulnerable children including children’s rights violations, poor governance,  HIV/AIDS, poverty, climate change and reinforce realization of the children’s right to education -To eliminate bad policies and laws subjecting children to vulnerability – To end human rights violations subjecting children to vulnerability […]

2020

United Republic of Tanzania

Member(s)

Réseau Marocain Euromed des ONG

on 30 April 2020

Morocco

Member(s)

Vivere

on 30 April 2020

Switzerland

Document(s)

Tagalog : Eight kaso sheet (sumasakop sa China, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, Taiwan)

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


2020

NGO report

enenenenenenzh-hant
More details See the document

Document(s)

Japanese : 八ケースシート(カバー中国、インド、インドネシア、日本、マレーシア、パキスタン、シンガポール、台湾)

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


NGO report

enenenenenenzh-hant
More details See the document

Member(s)

Coalition nigérienne contre la peine de mort

on 30 April 2020

2020

Niger

Member(s)

Civil Rights and Social Justice Society (CRSJS)

on 30 April 2020

The Civil Rights and Social Justice Society (CRSJS) is a human rights NGO registered under the Travancore Cochin, Literary, Scientific and Charitable Societies Registration Act, 1955 in Kerala State, India in the year 1997. The members of CRSJS are persons committed to the promotion and protection of human rights in all spheres. However the main […]

India

Member(s)

Confédération générale du travail (CGT)

on 30 April 2020

The General Confederation of Labour (Confédération générale du travail – CGT) is based in France and is strong of 690,000 members. It is affiliated to the European Trade Union Confederation and the International Trade Union Confederation and is one of the confederated unions representing France. Through its analysis, proposals and action, it aims at developping […]

France

Member(s)

Ville de Dijon

on 30 April 2020

The City of Dijon, France, is a member of the World Coalition.

France

Member(s)

Mouvement contre le Racisme et pour l’Amitié entre les Peuples (MRAP)

on 30 April 2020

The Movement Against Racism and for Friendship between Nations (MRAP) has its origins in the French Resistance: it emerged from the National Movement against Racism, founded secretly in 1941 to save Jewish children from deportation and to thwart the racist ideology of the Vichy regime. Since then the MRAP has taken action against other forms […]

France

Member(s)

Forum Marocain pour la Vérité et la Justice

on 30 April 2020

Le Forum marocain pour la vérité et la justice (FMVJ) was created by victims of the “years of lead” between 1956 and 1999. It defines itself as a human rights association dedicated to defending the rights of victims of forced disappearances, arbitrary detention, torture and exile, and their families. The FMVJ seeks to establish the […]

Morocco

Member(s)

Culture pour la Paix et la Justice (CPJ)

on 30 April 2020

The association Culture for Peace and Justice (CPJ) was founded in Kinshasa at the end of 1990s by a lawyer, Liévin Ngondji, and a law student, Molisho Ndarabu Eulethère. At a time of war, they wanted to fight against the practice of the Military court, an exceptional court established in 1997 that pronounced numerous death […]

Democratic Republic of the Congo

Member(s)

Coalition marocaine contre la peine de mort

on 30 April 2020

The Moroccan Coalition Against the Death Penalty (CMCPM) brings together seven NGOs: -the Moroccan Prison Observatory, -the Moroccan Human Rights Association, -the Moroccan Forum for Truth and Justice, -the Moroccan Organisation for Human Rights, -the Association of Lawyers’ Bars in Morocco, -Amnesty International – Moroccan Section and -the Centre for People’s Rights. Its objectives are […]

Morocco

Member(s)

RADHOMA

on 30 April 2020

The network of human rights organisations and activists for the abolition of the death penalty (RADHOMA) is an abolitionist NGO of the DRC. 1. Fundation and headquarters Created on 10 October 2005 by member associations, the organization is a member of the Congolese Coalition Against the Death Penalty and of the World Coalition Against the Death […]

Democratic Republic of the Congo

Member(s)

We Believe in Second Chances

on 30 April 2020

We Believe in Second Chances was founded as a reaction to Yong Vui Kong’s condemnation to death, and are advocating for the abolishment of the death penalty in Singapore.

Singapore

Member(s)

Ordre des avocats de Genève

on 30 April 2020

The Geneva Bar association (Ordre des Avocats de Genève) represents lawyers before the authorities, other regional bar associations, foreign bar associations and the Swiss Lawyers’ Federation. At the same time, it looks after the strict application of ethical and deontological standards. The Geneva Bar association was a partner of the 4th World Congress Against the […]

Switzerland

Member(s)

ACAT Liberia

on 30 April 2020

Action by Christians for the Abolition of Torture in Liberia (ACAT Liberia) is an NGO based in Liberia. Created in 2003 and accredited in 2004, it fights to have a society free of torture and death penalty. To reach these goals, their main actions are: – Education and awareness, – advocacy, assistance, – cooperation, – […]

Liberia

Document(s)

Reflections on the guillotine: An essay on capital punishment

By Albert Camus, on 1 January 1957


1957

Book

enfrzh-hant
More details See the document

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)

There Will Be No Stay

By Patty Ann Dillon, on 1 January 2015


2015

Working with...


More details See the document

There Will Be No Stay is not a documentary about the death penalty. Not in any way you’ve ever seen before, at least. It is a film about the actual men who are tasked by society with carrying out the death penalty. This is a first-hand look at executioners, the pressures they’re put under, and the unbearable toll the act of taking another’s life has on their own.

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

Document(s)

Putting Them There, Keeping Them There, and Killing Them: An Analysis of State-Level Variations in Death Penalty Intensity

By William S. Lofquist / Iowa Law Review, on 1 January 2002


2002

Article

United States


More details See the document

The landscape of the American death penalty is diverse. Though death penalty attitudes show a remarkable and increasing degree of homogeneity by region, race, gender, religion, and other factors, the actual practice of the death penalty varies substantially from region to region, and even from state to state. While these variations are widely recognized, they are not widely studied or understood. The lack of attention paid to the actual practice of the death penalty in different states and regions, the patterns that contribute to its use, and the factors associated with these patterns represents a substantial and troubling gap in our knowledge of an issue as widely studied as the death penalty.

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

Document(s)

Towards an Islamic Critique of Capital Punishment

By Robert Postawko / Journal of Islamic and Near Eastern Law, on 1 January 2002


Article

Iran (Islamic Republic of)


More details See the document

In general, Muslim nations recognize the validity of the death penalty, and many frequently impose it. According to Amnesty International, between 1985 and mid-1988, Saudi Arabia executed 140 prisoners for the crimes of murder, robbery with violence, drug smuggling or distribution, and adultery. During the same period, Pakistan executed 115, primarily for the crime of murder. Hundreds every year faced the firing squad in Iraq for murder, desertion, treason, sabotage, and economic corruption. At the same time, the Islamic Republic of Iran executed more than 743 inmates for murder, drug crimes, political offenses, prostitution, adultery and other “moral offenses,” including “being corrupt on earth” and “being at enmity with God.” In face of the widespread acceptance of the death penalty within the Muslim world, this essay explores the contours of an Islamic argument against capital punishment. The argument is not, and cannot be, an appeal for the abolition of the death penalty in all circumstances. It does call into question, however, the legitimacy – indeed, the legality in accordance with the principles of classical Islamic law, or the Shari’ah – of capital punishment as it is practiced in the era of Islamization.

  • Document type Article
  • Countries list Iran (Islamic Republic of)
  • Themes list Religion , Capital offences, Most Serious Crimes,

Document(s)

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

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


2001

Article

United States


More details See the document

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

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

Document(s)

Emerging Issues in Juvenile Death Penalty Law

By Victor L. Streib / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


More details See the document

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

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

Document(s)

The Politics of Fear and Death: Successive Problems in Capital Federal Habeas Corpus.”

By Bryan A. Stevenson / New York University (NYU), on 1 January 2002


2002

Article

United States


More details See the document

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

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

Document(s)

Commentary on Counsel’s Duty to Seek and Negotiate a Disposition in Capital cases (ABA Guideline 10.9.1)

By Russell Stetler / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

The ABA’s revised Guidelines have squarely addressed the importance of seeking and negotiating dispositions in capital cases as a core component of effective representation in matters of life and death. Pleas have been available in the overwhelming majority of capital cases in the post-Furman era, including the cases of hundreds of prisoners who have been executed. There are no precise empirical data on this question. Plea negotiations are typically confidential, with both parties maintaining a posture of plausible denial if negotiations fail. The prosecutor may find it harder to argue to jurors that justice in a particular case requires a sentence of death if they know that he had offered the defendant a life sentence only weeks before. Defense counsel may not want to advertise her willingness to plead to first-degree murder if the case proceeds to trial and she is arguing to the jurors that the proof supports only second-degree. In addition, there are cases where a plea was acceptable to both sides, but negotiation never began because each side waited for the other to initiate discussions.

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

Document(s)

The Effect of Race, Gender, and Location on Prosecutioral Decisions to Seek the Death Penalty in South Carolina

By Isaac Unah / Michael J. Songer / South Carolina Law Review, on 1 January 2006


2006

Article

United States


More details See the document

This Article analyzes the factors that influence the decisions of South Carolina prosecutors to seek the death penalty. Professor Unah and Mr. Songer employ statistical methods to examine the legal and nonlegal factors that shape this decision-making process. Controlling for political factors, this Article finds that the race of the victim, gender, and rural crime locations are significant considerations in the decision to seek the death penalty. Further, Professor Unah and Mr. Songer argue that these nonlegal factors undermine the legal guidelines that are intended to channel and steer the decision-making process. This Article highlights the arbitrary nature of the decisions that result from these considerations, and it concludes by challenging the legitimacy of a process influenced by these factors.

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

Document(s)

Innocence, Error, and the ‘New Abolitionism’: A Commentary

By Sarat Austin / Criminology & Public Policy, on 1 January 2005


2005

Article

United States


More details See the document

If statistics are any indication, the system may well be allowing some innocent defendants to be executed.

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

Document(s)

Equality of the Damned: The Execution of Women on the Cusp of the 21st Century

By Elizabeth Rapaport / Ohio Northern Law Review 26(3), 581-600, on 1 January 2000


2000

Article

United States


More details See the document

This article explores why women are rarely executed and examines the execution of four women in the Post-Furman Era, focusing on the execution of Karla Faye Tucker. The execution of Karla Faye Tucker in 1998, the second of the four women to be executed, occured in hte midst of relentless publicity. The Tucker execution revived interest in gender equity in the administration of capital punishment.

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

Document(s)

Justice by Geography and Race: The Administration of the Death Penalty in Maryland 1978-1999

By Robert Brame / Raymond Paternoster / Margins Law Journal / Sarah Bacon / Andrew Ditchfield, on 1 January 2004


2004

Article

United States


More details See the document

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

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

Document(s)

Tessie Hutchinson and the American System of Capital Punishment

By Earl F. Martin / Maryland Law Review, on 1 January 2000


2000

Article

United States


More details See the document

The story focuses on Tessie Hutchinson, who was selected by the communal lottery for execution; her only sin was to live in a village that had the tradition of stoning one of its inhabitants each year. This paper suggests some ways that the life of America’s death penalty mirrors the art of “The Lottery.” The author comments on the “masking of evil,” the execution of the innocent, the arbitrariness in selecting those who die, the search for justification, and the brutality of the death penalty. In “The Lottery,” the tradition of the stoning was so embedded in tradition and its administration was so formal and precise that the ultimate outcome of the tradition, the killing of a fellow human being, was sanitized and unexamined. In America, the net effect of the bureaucratization of executions is to give those who implement them and those who receive reports of them a sense of sterility and mundaneness that should never accompany the state’s killing of its own. Although proponents of capital punishment in America argue that the chances that an innocent person will be executed are slim, history shows that it has occurred. It was no comfort to Tessie Hutchinson that she was to be the only member of her village to be stoned that year. So it is no comfort to the innocent who are executed that each is only one of a small number of innocent people who have been killed by the state. The arbitrariness of the lottery in selecting who will be executed may not be so obvious in the selection of those who will be killed by the state in America. Still, random and arbitrary circumstances impact who is selected to be executed, circumstances such as the race and wealth of the defendant, the race of the victim, the quality of the defense counsel, the particular trial judge, and the State in which the crime occurs. Although there is no unequivocal evidence that the death penalty achieves some monumentally positive benefit for American society, support for it by the community persists, along with its brutality and cruelty. It is difficult to avoid the conclusion that a “thinly veiled cruelty keeps the custom alive.”

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

Document(s)

The ‘Shocking Truth’ About the Electric Chair: An Analysis of the Unconstitutionality of Electrocution

By Dawn Macready / Ohio Northern University Law Review, on 1 January 2000


Article

United States


More details See the document

Cruel and unusual punishment, as prohibited by the Eighth Amendment of the United States Constitution, encompasses punishment that amounts to torture and barbarity, cruel and degrading punishment not known to the common law, and punishment so disproportionate to the offense as to shock the moral sense of the community. Thus, contained in the Eighth Amendment is a fundamental respect for humanity. For the imposition of a death sentence, the trier is constitutionally mandated to take into account the character and record of the individual offender and the circumstances of the particular offense. What constitutes cruel and unusual punishment?

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

Document(s)

Furman Fundamentals

By Corinna Barrett Lain / Washington Law Review, on 1 January 2007


2007

Article

United States


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For the first time in a long time, the Supreme Court’s most important death penalty decisions all have gone the defendant’s way. Is the Court’s new found willingness to protect capital defendants here to stay? Or is it a passing fancy that will dissipate in less hospitable times? At first glance, history allows for optimism. Furman v. Georgia, the 1972 landmark that invalidated the death penalty, provides a seemingly perfect example of the Court’s ability and inclination to protect capital defendants when no one else will. Furman looks countermajoritarian, scholars have claimed it was countermajoritarian, and even the Justices saw themselves as playing a heroic, countermajoritarian role in the case. But the lessons of Furman are not what they seem. Rather than proving the Supreme Court’s ability to withstand majoritarian influences, Furman teaches the opposite – that even in its more countermajoritarian moments, the Court never strays far from dominant public opinion, tending instead to reflect the social and political movements of its time. This Article examines the historical context of Furman v. Georgia and its 1976 counterpart, Gregg v. Georgia, to highlight a fundamental flaw in the Supreme Court’s role as protector of minority rights: its inherently limited inclination and ability to render countermajoritarian change. In theory, the Court might protect unpopular minorities, but in practice it is unlikely to do so unless a substantial (and growing) segment of society supports that protection. Even then, Furman reminds us that the Court’s “help” may do more harm than good. If the past truly is a prologue, Furman portends that the Court’s current interest in restricting the death penalty will not last forever. Like the fair-weather friend, the Court’s protection will likely be there in good times but gone when needed the most.

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

Document(s)

America’s Experiment With Capital Punishment: Reflections on the Past, Present, and Future of the Ultimate Penal Sanction

By Carol S. Steiker / James R. Acker / Jordan M. Steiker / Richard J. Wilson / Robert Blecker / Stephen B. Bright / Charles S. Lanier / Robert M. Bohm / Carolina Academic Press / Ernest van den Haag / Ruth D. Peterson / William C. Bailey / Jon Sorensen / James Marquart / Victor L., on 8 September 2020


2020

Book

United States


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The second edition of America’s Experiment with Capital Punishment is an updated and expanded version of the comprehensive first edition. Chapters, authored by the country’s leading legal and social science scholars, have been revised to include a host of important developments since the 1998 edition. Thus, new evidence and information is presented concerning racial disparities in the administration of the death penalty, wrongful convictions, deterrence, the prediction of future dangerousness, jury decision-making, public opinion about the death penalty, the effects of the capital punishment process on murder victims’ and offenders’ relatives, death row incarceration, the costs of capital punishment, execution methods, and many other issues.

  • Document type Book
  • Countries list United States

Document(s)

Another Place Beyond Here: The Death Penalty Moratorium Movement in the United States

By Jeffrey L. Kirchmeier / University of Colorado Law Review, on 1 January 2002


2002

Article

United States


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Professor Kirchmeier examines the recent decline in support for the death penalty in the United States and the resulting emergence of a movement to impose a moratorium on executions. After discussing the history of the death penalty abolition movement in the United States, he identifies five major and seven minor events that have contributed to the growth of the Death Penalty Moratorium Movement. Then, he compares the current Moratorium Movement to other similar reform periods: the 1960s Death Penalty Abolitionist Movement; legislative abolition of the death penalty in several states during the mid-1800s and early 1900s; death penalty abolition in other countries; and the Anti-Lynching Movement of the early 1900s. Based on the history of these other movements, Professor Kirchmeier discovers various lessons for today’s Moratorium Movement, including lessons about strategy and the roles of public opinion and leadership. Finally, using these lessons from history and looking at recent events, he considers the future of the Moratorium Movement. Professor Kirchmeier concludes that for the Movement to continue to be successful: (1) there must be no major national distracting forces; (2) the Movement must continue to broaden its arguments and not be overly dependent upon one issue, one person, or one strategy; (3) the Movement must continue seek support from unexpected voices; and (4) the Movement must stay focused on the goals of achieving popular support and creating new leaders. Finally, Professor Kirchmeier predicts that the Moratorium Movement is strong enough to continue to have lasting effects.

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

Document(s)

Europe – A Death Penalty Free Zone: Commentary and Critique of Abolitionist Strategies

By Peter Hodgkinson / Ohio Northern University Law Review, on 8 September 2020


2020

Article


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The purpose of this paper is to offer a critique and commentary on the European agenda on the abolition of the death penalty, and in so doing the author has relied heavily on the contributions made by a number of commentators to the recent Council of Europe publication, “The Death Penalty: Abolition in Europe”.

  • Document type Article
  • Themes list International law, Trend Towards Abolition,

Document(s)

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

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


2000

Article

United States


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

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

Document(s)

Death IS Different: An Editorial Introduction to the Theme Issue.

By Richard L. Wiener / Craig Haney / Psychology, Public Policy and Law, on 1 January 2004


2004

Article

United States


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

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

Document(s)

Still Unfair, Still Arbitrary — But Do We Care?

By Samuel L. Gross / Ohio Northern University Law Review, on 8 September 2020


2020

Article

United States


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My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.

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

Document(s)

Raise the Proof: A Default Rule for Indigent Defense

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


2007

Article

United States


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

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

Document(s)

Innocence Unmodified

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


2010

Article

United States


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

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

Document(s)

The Death Penalty in the United States: An International Human Rights Perspective

By Anthony N. Bishop / Texas Law Review, on 1 January 2002


2002

Article

United States


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On December 10, 1998, the fiftieth anniversary of the Universal Declaration of Human Rights, former President William J. Clinton signed Executive Order No. 13107 stating, “It shall be the policy and practice of the Government of the United States, being committed to the protection and promotion of human rights and fundamental freedoms, fully to respect and implement its obligations.

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

Document(s)

Does the Rest of the World Matter? Sovereignty, International Human Rights Law and the American Death Penalty

By Oko Elechi / Eric Lamber / Alan W. Clarke / Queen's Law Journal / Laurie Anne Whitt, on 1 January 2004


2004

Article

United States


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American officials have indicated that extra efforts will be used to ensure that captured terrorist suspects face the death penalty. Secretary of Defense Donald Rumsfeld has stated that the U.S. military will “try to prevent enemy leaders from falling into the hands of peacekeeping troops from allied nations that might oppose capital punishment.” Americans should be troubled to learn that the United States is out of step with an emerging worldwide consensus that the death penalty, even for the most heinous terrorist, “has no legitimate place in the penal systems of modern civilised societies.” As of July 2004, 117 nations were abolitionist in law or in practice, while only 80 retained the death penalty. The entire Council of Europe–45 nations ranging from Iceland to Russia–now constitutes a death penalty free zone.

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

Document(s)

Compliance with ICJ Provisional Measures and the Meaning of Review and Reconsideration Under the Vienna Convention on Consular Relations: Avena and other Mexican Nationals (Mex. v. U.S.)

By Linda E. Carter / Michigan Journal of International Law, on 1 January 2003


2003

Article

Mexico


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For the third time in a span of five years, a country has brought suit against the United States in the International Court of Justice (ICJ) for violations of the Vienna Convention on Consular Relations (VCCR) in capital cases. 1 And, for the third time, the ICJ has issued an order of provisional measures. The most recent order indicates that: “the United States shall take all measures necessary to ensure that [three named Mexican defendants] are not executed pending final judgment in these proceedings.” (Avena case)

  • Document type Article
  • Countries list Mexico
  • Themes list Foreign Nationals,

Document(s)

Explaining Death Row’s Population and Racial Composition

By Theodore Eisenberg / John Blume / Journal of Empirical Legal Studies / Martin T. Wells, on 8 September 2020


2020

Article

United States


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Twenty-three years of murder and death sentence data show how murder demographics help explain death row populations. Nevada and Oklahoma are the most death-prone states; Texas’s death sentence rate is below the national mean. Accounting for the race of murderers establishes that black representation on death row is lower than black representation in the population of murder offenders. This disproportion results from reluctance to seek or impose death in black defendant-black victim cases, which more than offsets eagerness to seek and impose death in black defendant-white victim cases. Death sentence rates in black defendant-white victim cases far exceed those in either black defendant-black victim cases or white defendant-white victim cases. The disproportion survives because there are many more black defendant-black victim murders, which are underrepresented on death row, than there are black defendant-white victim murders, which are overrepresented on death row.

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

Document(s)

Religion and the Death Penalty: A Call for Reckoning

By John D. Carlson / Erik C. Owens / Wm. B. Eerdmans Publishing Company / Eric P. Elshtain / J. Budziszewski / E. J. Dionne / Avery Cardinal Dulles / Stanley Hauerwas / Frank Keating / Gilbert Meilaender / David Novak, on 1 January 2004


2004

Book


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This important book is sure to foster informed public discussion about the death penalty by deepening readers’ understanding of how religious beliefs and perspectives shape this contentious issue. Featuring a fair, balanced appraisal of its topic, Religion and the Death Penalty brings thoughtful religious reflection to bear on current challenges facing the capital justice system.

  • Document type Book
  • Themes list Religion ,

Document(s)

The Next Frontier: National Development, Political Change, and the Death Penalty in Asia

By David T. Johnson / Franklin E. Zimring / Oxford University Press, on 1 January 2009


2009

Book

China


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

  • Document type Book
  • Countries list China

Document(s)

Executing the Innocent: the Next Step in the Marshall Hypotheses

By Eric G. Lambert / Alen W. Clarke / New York University (NYU) / Laurie Anne Whitt, on 1 January 2000


2000

Article

United States


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The study results indicate that when test subjects, many of whom are likely retributivists, are presented with information about the problem of innocence, the drop in support for capital punishment spans all points on the Likert scale. Our study suggests that more rigorous testing may demonstrate that an individual’s knowledge of the “innocence problem” can generate more profond changes in attitudes toward the death penalty than indicted by previous studies of the marshall Hypotheses.

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

Document(s)

Stephen Bright v. Death Penalty

By Moblogic TV / YouTube, on 1 January 2008


2008

Arguments against the death penalty


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

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