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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)
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)
Furman Fundamentals
By Corinna Barrett Lain / Washington Law Review, on 1 January 2007
2007
Article
United States
More details See the document
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)
Grief, Loss, and Treatment for Death Row Families
By Sandra Joy, on 5 December 2013
2013
Book
Murder Victims' Families
More details See the document
The families of death row inmates are rarely considered in public discourse regarding the death penalty. They have largely been forgotten, and their pain has not been acknowledged by the rest of society. These families experience a unique grief process as they are confronted with the loss of their loved one to death row and brace themselves for the possibility of an execution. Death row families are disenfranchised from their grief by the surrounding community, and their; mental health needs exacerbated as they struggle in isolation with the ambiguous loss that comes with the fear that the state will kill their loved one.
Grief, Loss, and Treatment for Death Row Families describes the grief that families experience from the time of their loved one’s arrest through his or her execution. In each chapter, Sandra Joy guides the reader through the grief process experienced by the families, offering clinical interventions that can be used by mental health professionals who are given the opportunity to work with these families at various stages of their grief. The author conducted over seventy qualitative interviews with family members from Delaware who either currently have a loved one on death row or have survived the execution of their loved one. Delaware was chosen because though it has a relatively small death row, it is ranked third in the nation with its rate of per capita executions. This book provides an in-depth awareness of the grieving process of death row families, as well as ways that professionals can intervene to assist them in healing. With increased awareness and effective clinical treatment, we can ensure that the families of death row inmates are forgotten no more.
- Document type Book
- Themes list Murder Victims' Families
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
More details See the document
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
More details See the document
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)
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
More details See the document
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)
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)
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
More details See the document
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
More details See the document
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
More details See the document
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)
Incestuous Rape and the Death Penalty in the Philippines: Psychological and Legal Implications
By Seema Kandelia / Philippine Law Journal, on 1 January 2006
2006
Article
Philippines
More details See the document
The majority of those on death row in the Philippines have been convicted of rape crimes, including rape of a minor, rape of a family member and other aggravated forms of rape. Looking at incestuous rape in particular, this paper will examine some of the psychological and legal difficulties of imposing the death penalty for such a crime. It will focus on the effects the administration of the death penalty has on the victim and the victim’s family, as well as looking at some of the legal, evidential and procedural problems that arise in this jurisdiction’s imposition of the death penalty for rape.Despite the continued existence of the death penalty for incestuous rape, the number of reported cases has not diminished. Recognising this, local women’s groups in the Philippines have called for the root causes of incest and other forms of violence against women to be addressed rather than imposing the death penalty for rape. This response will also be considered within the broader context of Filipino gender relations.
- Document type Article
- Countries list Philippines
- Themes list Networks,
Document(s)
Capital Punishment and American Exceptionalism
By Carol S. Steiker / Duke Law School, on 1 January 2002
2002
Article
United States
More details See the document
At the same time, the countries that most vigorously employ the death penalty are generally ones that the United States has the least in common with politically, economically, or socially, and ones that the United States is wont to define itself against, as they are among the least democratic and the worst human rights abusers in the world. In recent years, the top five employers of capital punishment were China, the Democratic Republic of Congo, Iran, Saudi Arabia and the United States.3 Moreover, in the past twelve years, only seven countries in the world are known to have executed prisoners who were under 18 years old at the time of their crimes: the Democratic Republic of Congo, Iran, Nigeria, Pakistan, Saudi Arabia, Yemen and the United States.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
CAPITAL PUNISHMENT AND ELITE POLITICS: DISSENSUS AND THE DEATH PENALTY IN AMERICA
By Judith Randle / Studies in Law, Politics and Society, on 1 January 2003
2003
Article
United States
More details See the document
Drawing from televised debates over capital punishment on CNN’s Crossfire from February 2000 to June 2002, I argue that Teles’s (1998) theory of “dissensus politics” is useful in understanding the U.S.’s preservation of capital punishment as well as current divisions in death penalty sentiment within the U.S. I pose the retention of capital punishment as the product of rival elites who are unwilling to forsake capital punishment’s moral character (and often the political benefits it offers), and who consequently ignore an American public that appears to have reached a measured consensus of doubt about the death penalty.
- Document type Article
- Countries list United States
- Themes list Public opinion, Public debate,
Document(s)
THE DEATH PENALTY, EXTRADITION, AND THE WAR AGAINST TERRORISM: U.S. RESPONSES TO EUROPEAN OPINION ABOUT CAPITAL PUNISHMENT
By Kathryn F. King / Buffalo Human Rights Law Review, on 1 January 2003
Article
More details See the document
This article gives insight into the different opinions held by the US and Europe in terms of the death penalty. The interplay between terrorism, the death penalty and extradition is also examined.
- Document type Article
- Themes list Extradition, Terrorism,
Document(s)
When the Wall has Fallen: Decades of Failure in the Supervision of Capital Juries
By Jose Felipe Anderson / Ohio Northern University Law Review, on 1 January 2000
2000
Article
United States
More details See the document
Although there is no constitutional requirement that a jury participate in the death penalty process, most states do provide, through their capital punishment statutes, that a jury will participate in the decision. The preference for jury sentencing in these circumstances reflects a reluctance to leave power over life solely in the hands of one judge. Still, some scholars have long criticized juries for administering punishment.
- Document type Article
- Countries list United States
- Themes list Fair Trial,
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
More details See the document
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
More details See the document
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)
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
More details See the document
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)
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
More details See the document
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)
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)
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)
Execution Facility Tour of North Carolina Death Row
By Scott Langley / YouTube, on 1 January 2010
2010
Arguments against the death penalty
More details See the document
This video gives a tour of the death row facilities at North Carolina. It also explores the protocol for execution by lethal injection.
- Document type Arguments against the death penalty
- Themes list Lethal Injection,
Document(s)
Mercy on Trial: What It Means to Stop an Execution
By Austin Sarat / Princeton University Press, on 1 January 2005
2005
Book
United States
More details See the document
In this compelling and timely work, Austin Sarat provides the first book-length work on executive clemency. He turns our focus from questions of guilt and innocence to the very meaning of mercy. Starting from Ryan’s controversial decision, Mercy on Trial uses the lens of executive clemency in capital cases to discuss the fraught condition of mercy in American political life. Most pointedly, Sarat argues that mercy itself is on trial. Although it has always had a problematic position as a form of “lawful lawlessness,” it has come under much more intense popular pressure and criticism in recent decades. This has yielded a radical decline in the use of the power of chief executives to stop executions.
- Document type Book
- Countries list United States
- Themes list Clemency,
Document(s)
Cut This: The Death Penalty
By ABC7 / YouTube, on 1 January 2010
2010
Arguments against the death penalty
More details See the document
An anti death penalty video which advocates the abolition of the death penalty. The personalities in the video suggest using the money which is currently used on the death penalty for improving the community.
- Document type Arguments against the death penalty
- Themes list Networks,
Document(s)
Killing as Punishment: Reflections on the Death Penalty in America
By Hugo Adam Bedau / Northeastern, on 1 January 2004
2004
Book
United States
More details See the document
Drawing on his encyclopedic knowledge of the field, Bedau addresses topics such as strong public suppport for the death penalty, wrongful convictions, the disappearance of executive clemency, constitutional arguments surronding the Eight Amendment, and procedural reforms under consideration that move toward abolition.
- Document type Book
- Countries list United States
- Themes list Networks,
Member(s)
Academic University for Non-Violence and Human Rights – AUNOHR
on 14 July 2023
AUNOHR, www.aunohr.edu.lb, the Academic University for Non-Violence and Human Rights, is a non-profit independent institution of higher education, first-of-its-kind in Lebanon and the region and unique worldwide. Founded in 2014 after a pilot project (2009-2011), its main objectives are both: academic professionalism and for social change, starting with the personal development of every student. The […]
2023
Lebanon
Document(s)
Human Rights and Democracy: The 2010 Foreign & Commonwealth Office Report
By United Kingdom Foreign & Commonwealth Office, on 8 September 2020
2020
NGO report
Afghanistan
More details See the document
The report covers the period from January to December 2010, though some key events in early 2011 have also been included. It highlights the important progressbeing made, serious concerns that we have, and what we are doing to promote our values around the world. It will rightly be studied closely by Parliament, NGOs and the wider public. There is a chapter dedicated to the death penalty, as well as 2010 figures on the death penalty in target countries.
- Document type NGO report
- Countries list Afghanistan
- Themes list Networks,
Document(s)
The Challenge to the Mandatory Death Penalty in the Commonwealth Caribbean
By JOANNA HARRINGTON / American Journal of International Law, on 1 January 2004
2004
Article
More details See the document
The death penalty is a subject that, in the words of Justice Adrian Saunders of the Eastern Caribbean Court of Appeal, “invariably elicits passionate comment.” Such comment is particularly so within the states that make up the Commonwealth Caribbean, where rising rates of violent crime have led to strong public clamor for a swift and final response. The involvement of foreign courts and quasi-judicial international tribunals in limiting the actual use of the death penalty in the Caribbean has made the issue even more politically charged, leading to a strongly held perception that the judgments of these foreign bodies are unacceptable challenges to the very exercise of Caribbean national sovereignty.
- Document type Article
- Themes list Mandatory Death Penalty,
Document(s)
The Use of Peremptory Challenges in Capital Murder Trials: A Legal and Empirical Analysis
By George Woodworth / David C. Baldus / David Zuckerman / University of Pennsylvania Journal of Constitutional Law / Neil Alan Weiner / Barbara Broffitt, on 1 January 2001
2001
Article
United States
More details See the document
One of the largely unique aspects of the American jury system is that it confers upon the parties the unilateral power – in the form of peremptory challenges – to remove prospective jurors for any non-racial or non-gender-based reason. This article presents an overview of the literature on peremptory challenges, and an empirical analysis of their use in Philadelphia capital cases in the 1980s and 1990s.
- Document type Article
- Countries list United States
- Themes list Fair Trial,
Document(s)
The Death Penalty in 2016: video summary of DPIC Year End Report.
By Death Penalty Information Center, on 1 January 2016
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)
Europe as an International Actor: Friends Do Not Let Friends Execute: The Council of Europe and the International Campaign to Abolish the Death Penalty
By Sangmin Bae / International Politics, on 1 January 2008
2008
Article
Ukraine
More details See the document
This article investigates the way in which the Council of Europe enforced the norm against capital punishment in Europe. The Council of Europe, through both moral persuasion and centripetal pressure, compelled its member states to adopt the regionally promoted human rights standard. Ukraine, where the very last execution in Europe took place, accepted the norm after a number of years of resistance and in the face of public opposition to abolition. It was possible because of the adamant role of the Council of Europe in attempting to build a death penalty-free zone in Europe and Ukraine’s strategic will to be integrated within the European regional community.
- Document type Article
- Countries list Ukraine
- Themes list Trend Towards Abolition,
Document(s)
Death Penalty in Korea: From Unofficial Moratorium to Abolition?
By Kuk Cho / Asian Journal of Comparative Law, on 1 January 2008
Article
Democratic People's Republic of Korea
More details See the document
This article provides an overview of the legal regime governing the death penalty and the on-going debate on the death penalty in Korea. It begins by briefly reviewing international treaties that call for the abolition of the death penalty, contrasting them with the retentionist trend in most Asian countries. It then reviews the major decisions of the Korean Supreme Court and the Korean Constitutional Court. It also discusses recent moves in the National Assembly and the National Human Rights Commission to abolish the death penalty. It suggests that the Korean death penalty debate has potentially significant implications for its retentionist Asian neighbours grappling with similar issues.
- Document type Article
- Countries list Democratic People's Republic of Korea
Document(s)
Siting the Death Penalty Internationally
By Valerie West / David F. Greenberg / Law and Social Inquiry, on 1 January 2008
Article
More details See the document
We examine sources of variation in possession and use of the death penalty using data drawn from 193 nations in order to test theories of punishment. We find the death penalty to be rooted in a country’s legal and political systems, and to be influenced by its religious traditions. A country’s level of economic development, its educational attainment, and its religious composition shape its political institutions and practices, indirectly affecting its use of the death penalty. The article concludes by discussing likely future trends.
- Document type Article
- Themes list Networks,
Document(s)
A Matter of Life and Death: The Effect of Life Without-Parole Statutes on Capital Punishment
By Harvard Law Review, on 1 January 2006
2006
Article
United States
More details See the document
Activists have embraced the life-without-parole alternative because the availability of parole is often a key factor for jurors deciding whether of not to impose a sentence of life or death.
- Document type Article
- Countries list United States
- Themes list Sentencing Alternatives,
Document(s)
Of Crimes and Punishment
By Cesare Beccaria-Bonesana / Philip H. Nicklin, on 1 January 1764
1764
Book
enenfrzh-hantesMore details See the document
This is a highly thought-provoking work where Beccaria-Bonesana has explained his ideas against the use of torture and capital punishments. He has produced a humanitarian spirit in the dispensation of laws. This work is important as the views expressed here, were not regarded either in his times or now.
- Document type Book
- Themes list Networks,
- Available languages German : Über Verbrechen und StrafenItalian : Dei delitti e delle pene-Consulte criminaliDes délits et des peines论犯罪与刑罚De Los Delitos Y De Las Penas
Document(s)
Death by Design: Capital Punishment As a Social Psychological System
By Craig Haney / Oxford University Press, on 1 January 2005
2005
Book
United States
More details See the document
In Death by Design, research psychologist Craig Haney argues that capital punishment, and particularly the sequence of events that lead to death sentencing itself, is maintained through a complex and elaborate social psychological system that distance and disengage us from the true nature of the task. Relying heavily on his own research and that of other social scientists, Haney suggests that these social psychological forces enable persons to engage in behavior from which many of them otherwise would refrain. However, by facilitating death sentencing in these ways, this inter-related set of social psychological forces also undermines the reliability and authenticity of the process, and compromises the fairness of its outcomes. Because these social psychological forces are systemic in nature –built into the very system of death sentencing itself –Haney concludes by suggesting a number of inter-locking reforms, derived directly from empirical research on capital punishment, that are needed to increase the fairness and reliability of the process.
- Document type Book
- 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
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,
Member(s)
DITSHWANELO – The Botswana Centre for Human Rights
on 30 June 2023
DITSHWANELO – The Botswana Centre for Human Rights was established in 1993 and since then has remained the only organisation in Botswana dealing with varied aspects of human rights. We work to advocate for changes in laws, policies and practices, and to raise public awareness of rights and responsibilities. We also provide paralegal services to […]
2023
Botswana
Document(s)
Debating the death penalty: should America have capital punishment? : the experts on both sides make their case
By Hugo Adam Bedau / Stephen B. Bright / Joshua K. Marquis / Bryan Stevenson / Louis P. Pojman / Alex Kozinski / Paul G. Cassell / Oxford University Press / George Ryan, on 1 January 2004
2004
Book
United States
More details See the document
This book contains contributions from judges, attorneys, and academicians on both sides of the death penalty question. The grounds advanced for justification of capital punishment–including deterrence, retribution, and closure for victims’ families–are considered. Whether life imprisonment is adequate to address these concerns is also debated. Other issues include whether racial minorities or indigent defendants are disproportionately executed, whether the penalty is otherwise arbitrarily applied, and what risks exist regarding the execution of an innocent person.
- Document type Book
- Countries list United States
- Themes list Networks,
Document(s)
Against the death penalty: international initiatives and implications
By Richard C. Dieter / Sangmin Bae / Seema Kandelia / William A. Schabas / Lilian Chenwi / Peter Hodgkinson / Roger Hood / Lina Gyllensten / Nicola Machean / Jane Marriott / Julian Killingley / Quincy Whitaker / Jon Yorke (ed) / Ashgate Publishing Limited / Rachael Stokes, on 1 January 2008
2008
Book
China
More details See the document
This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse.The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the ‘death row phenomenon’ and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.
- Document type Book
- Countries list China
- Themes list International law,
Member(s)
Prisoner’s Future Foundation
on 28 March 2023
Prisoners’ Future Foundation (PFF) is a local non-governmental Ministry of Community Development and Social Services (MCDSS) following government enforcing the NGO Act of 2009 of the laws of Zambia. PFF has in the past handled both advocacy and service delivery, in responding to the needs of currently and formally incarcerated people and citizens who have […]
2023
Zambia
Document(s)
The cultural lives of capital punishment: comparative perspectives
By Sangmin Bae / David T. Johnson / Virgil K.Y. Ho / Evi Girling / Agata Fijalkowski / Julia Eckert / Christian Boulanger / Austin Sarat / Stanford University Press / Botagoz Kassymbekova / Shai Lavi / Jürgen Martschukat, on 1 January 2005
2005
Book
China
More details See the document
They undertake this “cultural voyage” comparatively—examining the dynamics of the death penalty in Mexico, the United States, Poland, Kyrgyzstan, India, Israel, Palestine, Japan, China, Singapore, and South Korea—arguing that we need to look beyond the United States to see how capital punishment “lives” or “dies” in the rest of the world, how images of state killing are produced and consumed elsewhere, and how they are reflected, back and forth, in the emerging international judicial and political discourse on the penalty of death and its abolition.
- Document type Book
- Countries list China
- Themes list Networks,
Document(s)
The Death Penalty in Japan: An “Absurd” Punishment
By Joachim Herrmann / Brooklyn Law Review, on 8 September 2020
2020
Article
Japan
More details See the document
This article outlines some of the main arguments against the death penalty in Japan.
- Document type Article
- Countries list Japan
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
More details See the document
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
Member(s)
Coalition Congolaise Contre la Peine de Mort (CCPM)
on 27 February 2023
In their desire to promote the abolition of the death penalty in the Republic of Congo, Congolese abolitionists have formed a coalition called the Coalition Congolaise Contre la Peine de Mort, Congolese Coalition Against the Death Penalty (CCCPM). This coalition was created on October 02, 2019 in Brazzaville. Its main objectives are the promotion of […]
2023
Congo
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
More details See the document
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)
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
More details See the document
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)
Make Me Believe
By Dax-Devlon Ross / Outside the Box Publishing, on 1 January 2011
2011
Book
United States
More details See the document
A Crime Novel Based on Real Events, follows the discoveries and dangerous encounters of a fictional author investigating the case of Toronto Patterson, the last juvenile defendant executed in Texas.
- Document type Book
- Countries list United States
- Themes list Juveniles,
Document(s)
The Death Penalty in China: Towards the Rule of Law
By Nicola Macbean / Ashgate Publishing, on 1 January 2008
2008
Academic report
More details See the document
In the run up to the 2008 Olympics in Beijing, intemational criticism of China’s human rights record has highlighted the use of the death penalty. Although global activists may try to intemationalise China’s use ofthe death penalty, capital punishment is a domestic issue.
- Document type Academic report
- Themes list Public debate, Cruel, Inhuman and Degrading Treatment and Punishment, Country/Regional profiles,
Document(s)
A Summary Report on Public Support for the Death Penalty in Ghana
By University of Cambridge / Peter Atupare Atudiwe, on 1 January 2014
2014
Academic report
More details See the document
This report provides evidence on public attitudes to the death penalty in Ghana, withan empirical focus on Accra.
- Document type Academic report
- Themes list Public opinion, Statistics,
Document(s)
Exile and Embrace: Contemporary Religious Discourse on the Death Penalty
By Northeastern / Anthony Santoro, on 1 January 2013
2013
Book
United States
More details See the document
With passion and precision, Exile and Embrace examines the key elements of the religious debates over capital punishment and shows how they reflect the values and self-understandings of contemporary Americans. Santoro demonstrates that capital punishment has relatively little to do with the perpetrators and much more to do with those who would impose the punishment. Because of this, he convincingly argues, we should focus our attention not on the perpetrators and victims, as is typically the case in debates pro and con about the death penalty, but on ourselves and on the mechanisms that we use to impose or oppose the death penalty.
- Document type Book
- Countries list United States
- Themes list Religion ,
Document(s)
The Politics of the Death Penalty in Countries in Transition
By Routledge / Madoka Futamura, on 1 January 2014
2014
Book
More details See the document
Covering a diverse range of transitional processes in Asia, Africa, Latin America, Europe, and the Middle East, The Politics of the Death Penalty in Countries in Transition offers a broad evaluation of countries whose death penalty policies have rarely been studied. The book would be useful to human rights researchers and international lawyers, in demonstrating how transition and transformation, ‘provide the catalyst for several of interrelated developments of which one is the reduction and elimination of capital punishment’.
- Document type Book
- Themes list International law, Trend Towards Abolition,
Document(s)
A Wild Justice: The Death and Resurrection of Capital Punishment in America
By Evan J. Mandery / W. W. Norton & Company, on 1 January 2013
2013
Book
United States
More details See the document
For two hundred years, the constitutionality of capital punishment had been axiomatic. But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In 1972, in a most unlikely victory, the Supreme Court struck down Georgia’s death penalty law in Furman v. Georgia. Though the decision had sharply divided the justices, nearly everyone, including the justices themselves, believed Furman would mean the end of executions in America.Instead, states responded with a swift and decisive showing of support for capital punishment. As anxiety about crime rose and public approval of the Supreme Court declined, the stage was set in 1976 for Gregg v. Georgia, in which the Court dramatically reversed direction.A Wild Justice is an extraordinary behind-the-scenes look at the Court, the justices, and the political complexities of one of the most racially charged and morally vexing issues of our time.
- Document type Book
- Countries list United States
- Themes list Due Process , Country/Regional profiles,
Document(s)
Quest for Justice: Defending the Damned
By Richard Jaffe / New Horizon Press, on 1 January 2012
2012
Book
United States
More details See the document
In Quest For Justice, the author takes readers into the Bo Cochran and Eric Rudolph cases, along with those of Randall Padgett and Judge Jack Montgomery, in a conversational, story-driven narrative that offers personal insights and intimate views into these complex individuals and cases.
- Document type Book
- Countries list United States
- Themes list Due Process ,
Document(s)
Death penalty in Iran: A State terror policy – Special Update for 11th World Day against the Death Penalty
By International Federation for Human Rights (FIDH), on 8 September 2020
2020
NGO report
Iran (Islamic Republic of)
faMore details See the document
The change of administration in the Islamic Republic of Iran (IRI) and taking of office by a new president on 3 August 2013 has not brought any change as far as the death penalty is concerned. Between the 14 June presidential election and 1st October, more than 200 people have been reportedly executed, including possibly three people who may have been younger than 18 at the time of the commission of the alleged crimes.Against this backdrop, FIDH and its member organisation, LDDHI, have decided topublish the present report to analyse the new penal laws in force in Iran that are invoked consistently to violate the right to life in general and to execute child offenders. Coinciding with 10 October 2013, World Day against the Death Penalty, this report aimsto serve as an update on the current state of application of the death penalty in the IRI.
- Document type NGO report
- Countries list Iran (Islamic Republic of)
- Themes list Juveniles, Drug Offences, Hanging, Country/Regional profiles,
- Available languages مجازﺯاﺍتﺕ اﺍعداﺍمﻡ دﺩرﺭ اﺍﯾﻳراﺍنﻥ - سﯿﻴاست دﺩوﻭلتﯽﻲ اﺍﯾﻳجادﺩ وﻭحشت - وﻭﯾﻳژهﻩ ﯾﻳازﺯدﺩهمﯿﻴن رﺭوﻭزﺯ جهانﯽﻲ ضد مجازﺯاﺍتﺕ اﺍعداﺍمﻡ
Document(s)
Trial and Errors : The Texas Death Penalty
By Lisa Maxwell / AMITI, on 1 January 2013
2013
Book
United States
More details See the document
TRIAL & ERROR takes a thorough look at the most controversial issues of the Texas Death Penalty that have raised questions of fairness and equality. Read words of inmates on death row in interviews conducted by the Amiti Organization, then judge for yourself whether the Death Penalty is administering justice or injustice.
- Document type Book
- Countries list United States
- Themes list Death Row Conditions, Death Penalty, Country/Regional profiles,
Document(s)
Foreign nationals facing the death penalty in the USA: the important role of consular officials
By Reprieve, on 1 January 2012
2012
Lobbying
More details See the document
This video explains the role of consular officers in protecting their nationals when they face the death penalty abroad.
- Document type Lobbying
- Themes list Foreign Nationals,
Document(s)
BN at 6 – Our Stories, Our Miracles: Sentenced to Death, An Innocent Man Steps Out After 24 Years in Prison – Olatunji Olaide shares his story of Survival, Freedom & Hope
By Adeola Adeyemo / Bellanaija, on 8 September 2020
2020
Article
Nigeria
More details See the document
Olatunji Olaide was wrongfully arrested and subsequently sentenced to death. He shares the harrowing experience of his time in prison and his survival and freedom with BN and how he kept his head high in the face of the storm.We hope that you are inspired by it.
- Document type Article
- Countries list Nigeria
- Themes list Innocence,
Document(s)
Film: “Execution”
By Steven Scaffidi / Ghost Rider Pictures, on 8 September 2020
Academic report
More details See the document
Amnesty International Presents a Groundbreaking Film Event That Takes the Audience to the Front Row of an Execution–Regal Cinemas opens its doors in eight major cities across America for this first-of-a-kind motion picture less than 1 week after California’s attempt to repeal the death penalty fails.
- Document type Academic report
- Themes list Innocence,
Document(s)
Article: “Troy Davis: Why Poster Boys Don’t Matter”
By David R. Dow / Guerinca, on 8 September 2020
Academic report
United States
More details See the document
Is the Troy Davis case the tipping point on the capital punishment debate? Unfortunately, not until the majority of Americans believes that killing—even an unquestionably guilty murderer—is wrong.
- Document type Academic report
- Countries list United States
- Themes list Innocence,
Document(s)
Emergency Exit: Which actions for supporting offenders close te release?
By Save Anthony, on 1 January 2013
2013
NGO report
More details See the document
In a recent research , Emergency Exit: Which actions for supporting offenders close te release?, 13 key practices have proven to help resettle successfully ex offenders into society at their exit of prison and prevent them from re-offending.
- Document type NGO report
- Themes list Public debate,
Document(s)
Innocence Lost: A Play About Steven Truscott
By Beverley Cooper / Centaur Theater Company, on 1 January 2013
Working with...
More details See the document
In 1959, the Canadian justice system nearly killed an innocent 14-year-old boy. The fact that Steven Truscott was wrongly convicted of the rape and murder of 12-year-old Lynne Harper that year, and sentenced to hang, now seems surreal. All the more so since he’s alive and well and living quietly with his family after 10 years of unjust incarceration – and many more years as an obscure factory worker, father and grandfather, after suffering the consequences of a destroyed reputation.
- Document type Working with...
- Themes list Public opinion, Innocence,
Document(s)
In This Timeless Time: Living and Dying on Death Row in America
By Univerity if North Carolina / Diane Christian, on 1 January 2012
2012
Book
United States
More details See the document
In this comprehensive, well-crafted book, published in association with the Center for Documentary Studies at Duke University, SUNY-Buffalo professors Jackson and Christian build upon the photographs and interviews from death row in Texas that yielded their 1979 book and documentary Death Row
- Document type Book
- Countries list United States
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Phenomenon,
Document(s)
Death Watch Diary
By Robert Towery / Amazon Digital Services, on 1 January 2012
Book
United States
More details See the document
Robert Towery was denied clemency by the state of Arizona on Friday March 2, 2012 and was executed on Thursday March 8th in Florence, Arizona. He was 47 years old. The last 35 days of his life, Robert was placed on “Death Watch” where his every move was recorded and chronicled by prison officials. Robert kept a diary and he sent his writings to his attorneys. Robert authorized his lawyers to release his diary after his execution.
- Document type Book
- Countries list United States
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Conditions,
Document(s)
Anatomy of Injustice: A Murder Case Gone Wrong
By Raymond Bonner / Stated First Edition, on 1 January 2012
Book
United States
More details See the document
The book that helped free an innocent man who had spent twenty-seven years on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim’s body was found, he was tried, convicted, and sentenced to death.
- Document type Book
- Countries list United States
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Conditions,
Document(s)
Beyond the Death Penalty: Reflections on Punishment (Maastricht Series in Human Rights)
By Jacques Claessen / Hans Nelen / Intersentia , on 1 January 2012
Book
More details See the document
This book contains a selection of papers that were presented during the multidisciplinary conference “Beyond the Death Penalty: Reflections on Punishment,” organized by the Maastricht Center for Human Rights. The aim of the conference was to reflect on punishment from a variety of angles and to give some food for thought to the contemporary debate on crime and punishment. After a first cluster of chapters with a strong focus on capital punishment, an intriguing mixture of topics in relation to punishment is presented, including chapters on the populist context of contemporary crime control, reconciliation and rehabilitation, prison life, and efficiency and effectiveness.
- Document type Book
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment,
Document(s)
Imprisoned by the Past: Warren McCleskey and the American Death Penalty
By Jeffrey L. Kirchmeier / Oxford University Press, on 1 January 2015
2015
Book
United States
More details See the document
Imprisoned by the Past: Warren McCleskey and the American Death Penalty examines the long history of the American death penalty and its connection to the case of Warren McCleskey, revealing how that case marked a turning point for the history of the death penalty. In this book, Jeffrey L. Kirchmeier explores one of the most important Supreme Court cases in history, a case that raised important questions about race and punishment, and ultimately changed the way we understand the death penalty today.
- Document type Book
- Countries list United States
- Themes list Fair Trial,
Document(s)
UN advocacy: the universal periodic review – Death penalty
By The Advocates for Human Rights / Amy Bergquist / Rosalyn Park / Jennifer Prestholdt, on 8 September 2020
2020
Academic report
More details See the document
PowerPoint presentation used at The Advocates for Human Rights’ training session on death penalty advocacy for the United Nations’ Universal Periodic Review of human rights. See also the video of the presentation here.
- Document type Academic report
- Themes list International law,
Document(s)
The Death Penalty and Victims
By United Nations, on 1 January 2016
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...
More details See the document
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)
Reflections on the guillotine: An essay on capital punishment
By Albert Camus, on 1 January 1957
1957
Book
enfrzh-hantMore details See the document
- Document type Book
- Themes list Beheading, Death Penalty,
- Available languages Italian : Riflessioni sulla pena di morteRéflexions sur la guillotine思索斷頭台
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,
Document(s)
There Will Be No Stay
By Patty Ann Dillon, on 1 January 2015
Working with...
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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)
New claims about executions and general deterrence: déjà vu all over again?
By Richard Berk / Journal of Empirical Legal Studies, on 1 January 2005
2005
Article
United States
More details See the document
A number of papers have recently appeared claiming to show that in the United States executions deter serious crime. There are many statistical problems with the data analyses reported. This article addresses the problem of “influence,” which occurs when a very small and atypical fraction of the data dominate the statistical results. The number of executions by state and year is the key explanatory variable, and most states in most years execute no one. A very few states in particular years execute more than five individuals. Such values represent about 1 percent of the available observations. Reanalyses of the existing data are presented showing that claims of deterrence are a statistical artifact of this anomalous 1 percent.
- Document type Article
- Countries list United States
- Themes list Deterrence , Statistics,
Document(s)
The True Legacy of Atkins and Roper: The Unreliability Principle, Mentally Ill Defendants, and the Death Penalty’s Unraveling
By Scott E. Sundby / University of Miami School of Law, on 8 September 2020
2020
NGO report
United States
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In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth were powerful mitigators, juries were not able to reliably use them in their decision making. The Court thus articulated expressly for the first time what this Article calls the “unreliability principle:” if too great a risk exists that constitutionally protected mitigation cannot be reliably assessed, the unreliability means that the death penalty cannot be constitutionally imposed. In recognizing the unreliability principle, the Court has called into serious question the death penalty for other offenders to whom the principle applies, such as mentally ill defendants. And, unlike with the “evolving standards” analysis, the unreliability principle does not depend on whether a national consensus exists against the practice. This Article identifies the six Atkins-Roper factors that bring the unreliability principle into play and shows why they make application of the death penalty to mentally ill defendants unconstitutional. The principle, which finds its constitutional home in the cases of Woodson v. North Carolina and Lockett v. Ohio, has profound implications for the death penalty, and if taken to its logical endpoint calls into question the Court’s core premise since Furman v. Georgia, that by providing individualized consideration of a defendant and his crime, the death penalty decision will be free of arbitrariness.
- Document type NGO report
- Countries list United States
- Themes list Fair Trial, Intellectual Disability,
Document(s)
Black is the Day, Black is the Night
By Amy Elkins, on 1 January 2014
2014
Working with...
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Black is the Day, Black is the Night is conceptual exploration into the many facets of human identity using notions of time, accumulation, memory and distance through personal correspondence with men serving life and death row sentences in some of the most maximum security prisons in the U.S., all of which had served between 13-26 years at point of contact.
- Document type Working with...
- Themes list Death Row Conditions,
Document(s)
Parting Words
By Amy Elkins, on 1 January 2014
Working with...
More details See the document
Parting Words, a visual photographic archive of the 500+ prisoners to date executed in the state of Texas.
- Document type Working with...
- Themes list Public debate, Death Row Phenomenon,
Document(s)
Training on death penalty advocacy for the Universal Periodic Review of human rights
By The Advocates for Human Rights / Amy Bergquist / Rosalyn Park / Jennifer Prestholdt, on 1 January 2015
2015
Working with...
More details See the document
Video recording of a training session by The Advocates for Human Rights on death penalty advocacy for the United Nations’ Universal Periodic Review of human rights. Download the PowerPoint presentation here.
- Document type Working with...
- Themes list International law,
Document(s)
Confronting Capital Punishment in Asia: Human Rights, Politics and Public Opinion
By Roger Hood / Oxford University Press / Surya Deva, on 1 January 2013
2013
Book
More details See the document
This book shows that the majority of Asian countries have been particularly resistant to the abolitionist movement and tardy in accepting their responsibility to uphold the safeguards. The essays contained in this volume provide an in-depth analysis of changes in the scope and application of the death penalty in Asia with a focus on China, India, Japan, and Singapore. They explain the extent to which these nations still fail to accept capital punishment as a human rights issue, identify impediments to reform, and explore the prospects that Asian countries will eventually embrace the goal of worldwide abolition of capital punishment.
- Document type Book
- Themes list Trend Towards Abolition, Death Penalty, Country/Regional profiles,
Document(s)
Death Penalty Issues Checklist – Universal Periodic Review Stakeholder Reports
By The Advocates for Human Rights, on 8 September 2020
2020
Academic report
More details See the document
List of points of international human rights law to review when submitting a report on a country’s use of the death penalty to the United Nations’ Universial Periodic Review.
- Document type Academic report
- Themes list International law,
Document(s)
UPR death penalty stakeholder report template
By The Advocates for Human Rights, on 1 January 2015
2015
Working with...
More details See the document
Template for civil society submissions to the Universal Periodic Review of human rights organised by the United Nations.
- Document type Working with...
- Themes list International law,
Document(s)
A Tale of Two (and Possibly Three) Atkins: Intellectual Disability and Capital Punishment Twelve Years after The Supreme Court’s Creation of a Categorical Bar
By John H. Blume / Sheri Lynn Johnson / William and Mary Bill of Rights Journal, on 8 September 2020
2020
Article
United States
More details See the document
The article, with three co-authors, examines empirically the capital cases decided by the lower courts since the United States Supreme Court created the categorical ban against the execution of persons with intellectual disability twelve years ago in the Atkins decision.
- Document type Article
- Countries list United States
- Themes list Mental Illness,
Document(s)
The Death Penalty in Africa : The Path Towards Abolition
By Ashgate Publishing / Aimé Muyoboke Karimunda, on 1 January 2014
2014
Book
More details See the document
Human development is not simply about wealth and economic well-being, it is also dependent upon shared values that cherish the sanctity of human life. Using comparative methods, archival research and quantitative findings, this book explores the historical and cultural background of the death penalty in Africa, analysing the law and practice of the death penalty under European and Asian laws in Africa before independence. Showing progressive attitudes to punishment rooted in both traditional and modern concepts of human dignity, Aimé Muyoboke Karimunda assesses the ground on which the death penalty is retained today. Providing a full and balanced appraisal of the arguments, the book presents a clear and compelling case for the total abolition of the death penalty throughout Africa.
- Document type Book
- Themes list Trend Towards Abolition,
Document(s)
The Death Penalty in 2014: video summary
By Death Penalty Information Center, on 1 January 2014
NGO report
More details See the document
DPIC’s 2014 Year-End Report. Death sentences were at a 40-year low and executions were at a 20-year low. Texas, Missouri, and Florida accounted for 80% of all the executions in the United States. There were 7 exonerations this year and it took an average of 30 years to discover their innocence.
- Document type NGO report
- Themes list Innocence, Statistics,
Document(s)
Pictures at an execution: The condemned in art
By BBC / Jason Farago, on 1 January 2014
Article
United States
More details See the document
This article discusses a new art exhibition in Los Angeles which aims to humanise condemned prisoners. It continues to situate the exhibition in the greater context of the depiction of the death penalty in art history. The conversation this article raises is the link the death penalty in art history has with creating a public discussion. From the sword to the electric chair, the death penalty has inspired challenging art, writes Jason Farago.
- Document type Article
- Countries list United States
- Themes list Public debate,
Document(s)
Against Capital Punishment: The Anti-Death Penalty Movement in America, 1972-1994
By Oxford University Press / Herbert H. Haines, on 8 September 1999
1999
Book
United States
More details See the document
While most western democracies have renounced the death penalty, capital punishment enjoys vast and growing support in the United States. A significant and vocal minority, however, continues to oppose it. Against Capital Punishment is the first full account of anti-death penalty activism in America during the years since the ten-year moratorium on executions ended.
- Document type Book
- Countries list United States
- Themes list Trend Towards Abolition,
Document(s)
Execution and Invention: Death Penalty Discourse in Early Rabbinic and Christian Cultures
By Oxford University Press / Beth A. Berkowitz, on 1 January 2006
2006
Book
More details See the document
In this book Beth Berkowitz tells the story of modern scholarship on the ancient rabbinic death penalty and continues the story by offering a fresh perspective using the approaches of ritual studies, cultural criticism, and talmudic source criticism. Against the scholarly consensus, Berkowitz argues that the rabbinic laws of the death penalty were used by the early Rabbis in their efforts to establish themselves in the wake of the destruction of the Temple. The purpose of the laws, she contends, was to create a complex ritual of execution that was controlled by the Rabbis, thus bolstering their claims to authority in the context of Roman imperial domination.
- Document type Book
- Themes list Religion ,
Document(s)
Forensic Mental Health: Assessments in Death Penalty Cases
By Oxford University Press / David DeMatteo / Daniel C. Murrie / Natalie M. Anumba / Michael E. Keesler, on 1 January 2011
2011
Book
United States
More details See the document
Forensic mental health assessments in death penalty cases are on the rise due in part to the continuing growth of forensic psychology and psychiatry as professions, combined with several recent U.S. Supreme Court decisions. Forensic mental health professionals are now conducting assessments at every stage of death penalty proceedings, ranging from pre-trial evaluations to determine eligibility for the death penalty to evaluations conducted post-sentencing and closer to the date of execution.
- Document type Book
- Countries list United States
- Themes list Mental Illness, Intellectual Disability,
Document(s)
Killer Art: Florida’s Death Row Artists
By Chris Dahl / CreateSpace Independent Publishing Platform, on 8 September 2020
2020
Book
United States
More details See the document
Art and letters from the men who await death in the Union Correctional Institution in Raiford, Florida
- Document type Book
- Countries list United States
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Conditions, Country/Regional profiles,
Document(s)
Victim’s son objects as Texas sets execution in hate crime death
By Karen Brooks / Reuters, on 8 September 2020
Academic report
United States
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As Texas prepares to execute one of his father’s killers, Ross Byrd hopes the state shows the man the mercy his father, James Byrd Jr., never got when he was dragged behind a truck to his
- Document type Academic report
- Countries list United States
- Themes list Murder Victims' Families,
Document(s)
Into the Abyss
By Werner Herzog / Skellig Rock (Werner Herzog Film) / Channel 4 (Spring Films), on 1 January 2011
2011
Legal Representation
More details See the document
We do not know when and how we will die. Death Row inmates do. Werner Herzog embarks on a dialogue with Death Row inmates, asks questions about life and death and looks deep into these individuals, their stories, their crimes. There are interviews (video).
- Document type Legal Representation
- Themes list Death Row Conditions,
Document(s)
The Last Word: Rewriting the American death penalty
By Lawrence O’Donnell / MSNBC, on 1 January 2011
Campaigning
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Sept. 22: The execution of Troy Davis drew an unprecedented amount of media attention. But where was the outrage over Derrick Mason who was put to death in Alabama today? MSNBC’s Lawrence O’Donnell has more in the Rewrite.
- Document type Campaigning
- Themes list Fair Trial, Innocence, Arbitrariness,
Document(s)
Condemned to Die
By Mark Davis / SBS, on 1 January 2011
Legal Representation
More details See the document
Presenter Mark Davis travels to Indonesia with the mother of Bali Nine member Myuran Sukumaran, as she visits her son for the first time since his final death sentence appeal was rejected.
- Document type Legal Representation
- Themes list Drug Offences,
Document(s)
Dead Reckoning: Executions in America
By Greg Mitchell / Sinclair Books , on 1 January 2011
Book
United States
More details See the document
The fast-paced new book, “Dead Reckoning,” offers a critical overview of capital punishment in America, along with a vivid discussion of current issues central in today’s debate, based on many interviews. Along the way, Mitchell turns to a wide cast of notable abolitionists, from Charles Dickens and Mark Twain to Albert Camus and Christopher Hitchensو and Steve Earle.
- Document type Book
- Countries list United States