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Article(s)

Jamaica vote illustrates retentionist trend in the Caribbean

on 9 January 2009

Jamaican lawmakers voted to keep capital punishment and the government seems determined to use it. Caribbean abolitionists are battling similar moves across the region.

2009

Jamaica

Public Opinion 

Saint Kitts and Nevis

Article(s)

China reduces the number of crimes punishable by death to 46, but keeps drug trafficking in the list

By Aurélie Plaçais, on 7 October 2015

China removes nine non-violent and rarely used criminal offenses from capital punishment.

2015

China

Drug Offenses

Article(s)

Connecticut increases momentum for abolition

By Elizabeth Zitrin, on 13 April 2012

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

2012

Murder Victims' Families

United States

Document(s)

Co-Sponsorship, Note Verbale, and Association Behaviour at the Unga: An Analysis of the Death Penalty Moratorium Resolutions

By Daniel Pascoe & Sangmin Bae, on 22 April 2021


2021

Academic report

Moratorium


More details See the document

Since December 2007, seven resolutions in favour of a universal moratorium on death penalty executions have been adopted by the UN General Assembly. In an earlier paper (Pascoe and Bae 2020) we examined UN member states’ voting patterns over these seven resolutions, asking why some countries vote in a manner seemingly contradictory to their domestic death penalty practices. With a slightly different focus, we now further explore idiosyncratic state behaviour, this time through an analysis of co-sponsorship and the note verbale of dissociation. Our assumption is that states which plan to vote ‘yes’ in the plenary will also co-sponsor the resolution beforehand. We also presume that states which vote ‘no’ in the plenary will sign the note verbale invariably circulated several months later, as a further means of condemnation.

However, when it comes to the moratorium resolutions, not all member states fit into either of these binary categories. Many countries situate themselves in between the two groups of ‘genuine’ supporters and opponents. These countries in the middle evince inconsistency between their plenary votes and what we term their ‘association behaviour’ before or after the plenary, consisting of co-sponsorship and adherence to the note verbale. This paper analyses these groups of countries to determine the underlying causes for their ambivalent, or even contradictory, positions concerning the moratorium resolutions. The findings of this research stand to enrich not only the academic literature on international organizations, but also to inform the campaigning efforts of abolitionist UN member states and non-governmental organizations.

  • Document type Academic report
  • Themes list Moratorium

Document(s)

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

By Council of Europe, on 1 January 1983


1983

Regional body report

enenrufr
More details See the document

Document(s)

The death penalty – Abolition in Europe

By Council of Europe / Peter Hodgkinson / Roger Hood / Michel Forst / Stefan Trechsel / Caroline Ravaud / Hans-Christian Kruger / Philippe Toussaint / Serguei Kovalev / Eric Prokosch / Renate Wohlwend / Roberto Toscano / Roberto Fico / Anatoly Pristavkin / Sergiy Holovatiy, on 8 September 1999


1999

Book

Czech Republic


More details See the document

Europe is the first continent in which the death penalty has been almost completely abolished. The Council of Europe has been Europe’s major defender of abolition and presently requires all countries seeking membership in its ranks to place a moratorium on the death penalty. This collection of texts by major European abolitionists includes voices from countries which have enjoyed abolition for many years, as well as from those where abolition has been a struggle against public opinion. Contributors from governments, universities and NGOs add their voices to that of the Council of Europe, explaining the achievements and the ground still to be covered in attaining total abolition in Europe. An introduction by a world expert on abolition, Roger Hood and a conclusion by Russia’s leading abolitionist Sergey Kovalev makes this volume a moving testament to the battle for abolition of the death penalty, which is already so well advanced in Europe. This collection also contains a detailed explanation of Protocol No. 6 to the European Convention on Human Rights, which deals specifically with abolition of the death penalty, as well as reports on various eastern European countries which have yet to attain complete abolitionist status.

  • Document type Book
  • Countries list Czech Republic
  • Themes list Trend Towards Abolition,

Article(s)

Moving towards an inter-Arab coalition against the death penalty

on 1 May 2007

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

2007

Public Opinion 

Women

Document(s)

The Last Supper

By Julie Green, on 1 January 2013


2013

Working with...


More details See the document

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

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

Document(s)

The Death Penalty for Drug Offences: Global Overview 2022

on 24 March 2023


2023

NGO report

China

Democratic People's Republic of Korea

Drug Offenses

Indonesia

Iran (Islamic Republic of)

Malaysia

Saudi Arabia

Singapore

Viet Nam


More details See the document

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

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

Document(s)

The Death Penalty: A Worldwide Perspective

By Roger Hood / Oxford University Press, on 1 January 2014


2014

Book


More details See the document

The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns.

  • Document type Book
  • Themes list Trend Towards Abolition,

Document(s)

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

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


1996

Regional body report


More details See the document

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

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

Document(s)

Executions, Deterrence and Homicide: A Tale of Two Cities

By David T. Johnson / Jeffrey Fagan / Franklin Zimring / Columbia School of Law, on 1 January 2009


2009

Article

China


More details See the document

We compare homicide rates in two quite similar cities with vastly different execution risks. Singapore had an execution rate close to 1 per million per year until an explosive twentyfold increase in 1994-95 and 1996-97 to a level that we show was probably the highest in the world. Hong Kong,has no executions all during the last generation and abolished capital punishment in 1993. Homicide levels and trends are remarkably similar in these two cities over the 35 years after 1973. By comparing two closely matched places with huge contrasts in actual execution but no differences in homicide trends, we have generated a unique test of the exuberant claims of deterrence that have been produced over the past decade in the U.S.

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

Document(s)

From seventy-eight to zero: Why executions declined after Taiwan’s democratization

By Fort Fu-Te Liao / Punishment and Society, on 8 September 2020


2020

Article

Taiwan


More details See the document

This article examines, from a legal perspective, why executions in Taiwan declined from 78 in 1990 to zero in 2006. The inquiry focuses on three considerations: the number of laws that authorized employment of the death penalty; the code of criminal procedure; and the manner in which executions were carried out, including the manner in which amnesty was granted. The article argues that the ratification of international covenants and constitutional interpretations did not play a significant role in the decline, and that several factors that did play a role included the annulment or amendment of laws, changes in criminal procedure, establishment of and further amendments to guidelines for execution and two laws for reducing sentences. This article maintains that the absence of executions in 2006 is a unique situation that will not last because some inmates remain on death row, meaning that executions in Taiwan will continue unless the death penalty is abolished. However, the article concludes that the guarantee of the utmost human right, the right to life, can be sustained in Taiwan through the demands of democratic majority rule.

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

Document(s)

Adieu to Electrocution

By Deborah W. Denno / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


More details See the document

Much has been written about why electrocution has persisted so stubbornly over the course of the twentieth century. This Article focuses briefly on more recent developments concerning why electrocution should be abolished entirely. Part I of this Article describes the facts and circumstances surrounding Bryan as well as Bryan’s unusual world-wide notice due to the gruesome photos of the executed Allen Lee Davis posted on the Internet. Part II focuses on the sociological and legal history of electrocution, most particularly the inappropriate precedential impact of In re Kemmler. In Kemmler, the Court found the Eighth Amendment inapplicable to the states and deferred to the New York legislature’s determination that electrocution was not cruel and unusual. Regardless, Kemmler has been cited repeatedly as Eighth Amendment support for electrocution despite Kemmler’s lack of modern scientific and legal validity.

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

Document(s)

The Contradictions of American Capital Punishment

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


2003

Book

United States


More details See the document

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

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

Document(s)

Discrimination and Instructional Comprehension: Guided Discretion, Racial Bias, and the Death Penalty

By Craig Haney / Mona Lynch / Law and Human Behavior, on 1 January 2000


2000

Article

United States


More details See the document

This study links two previously unrelated lines of research: The lack of comprehension of capital penalty-phase jury instructions and discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. Dependent measures included a sentencing verdict (life without the possibility of parole or the death penalty), ratings of penalty phase evidence, and a test of instructional comprehension. Results indicated that instructional comprehension was poor overall and that, although Black defendants were treated only slightly more punitively than White defendants in general, discriminatory effects were concentrated among participants whose comprehension was poorest. In addition, the use of penalty phase evidence differed as a function of race of defendant and whether the participant sentenced the defendant to life or death. The study suggest that racially biased and capricious death sentencing may be in part caused or exacerbated by the inability to comprehend penalty phase instructions.

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

Document(s)

Leaflet – 2020 World Day

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


2020

Academic report

fr
More details Download [ - 0 Ko ]

2020 World Day 8-page leaflet

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

Document(s)

Stories of Victims of Terrorism

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


2016

Multimedia content

fr
More details Download [ pdf - 142 Ko ]

Together with AfVT, the World Coalition has developed this two-page note explaining why some victims of terrorism are against the death penalty.

Document(s)

EU Policy on Death Penalty

By Council of Europe, on 1 January 2014


2014

Arguments against the death penalty


More details See the document

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

  • Document type Arguments against the death penalty

Article(s)

“Look at us with a merciful eye”

By Human Rights Watch, on 5 March 2013

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

2013

Juveniles

Yemen

Yemen

Document(s)

The Truth About False Confessions and Advocacy Scholarship

By Richard A. Leo / Criminal Law Bulletin, on 1 January 2001


2001

Article

United States


More details See the document

In 1998 Richard A. Leo and Richard J. Ofshe published a study of false confession cases entitled, The Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation, which drew a response from Paul Cassell (1999), The Guilty and the Innocent : An Examination of Alleged Cases of Wrongful Conviction from False Confessions. In this article, the authors demonstrate that Cassell s article misreports the research and analysis contained in Leo and Ofshes 1998 article, and that Cassell s attempt to challenge Leo and Ofshes classifications of nine out of sixty false confessions is erroneous because Cassell excludes or presents an incomplete picture of important facts in his case summaries, selectively ignores enormous inconsistencies, implausibilities and/or contradictions in the prosecution s cases, and fails to acknowledge the existence of substantial exculpatory, if not dispositive, evidence. To illustrate the problems and biases in Cassell s commentary, this article discusses at length one of Cassell s challenges, the Barry Lee Fairchild case, in the main body of the article and in a detailed appendix analyzes the eight other cases (Joseph Giarratano, Paul Ingram, Richard Lapointe, Jessie Misskelley, Bradley Page, James Harry Reyos, Linda Stangel, and Martin Tankleff). Leo and Ofshe provide a point by point refutation of Cassell s assertions in all nine cases, demonstrating that all nine individuals were, as originally classified, almost certainly innocent of the crimes to which they had confessed.

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

Document(s)

Sources of Variation in Pro-Death Penalty Attitudes in China: An Exploratory Study of Chinese Students at Home and Abroad

By Lening Zhang / Terance D. Miethe / Hong Lu / Bin Liang / British Journal of Criminology, on 1 January 2006


2006

Article

China


More details See the document

This paper examines Chinese students’ attitudes about the death penalty in contemporary China. Drawing upon Western public opinion research on the death penalty, samples of Chinese college students at home and abroad are used to explore the magnitude of their pro-death penalty attitudes and sources of variation in these opinions. Both groups of Chinese students are found to support the death penalty across different measures of this concept. Several individual and contextual factors are correlated with pro-death penalty attitudes, but the belief in the specific deterrent effect of punishments was the only variable that had a significant net effect on these attitudes in our multivariate analysis. The paper concludes with a discussion of the implications of this study for future research on public opinion about crime and punishment in China.

  • Document type Article
  • Countries list China
  • Themes list Public opinion, Public debate,

Document(s)

Note verbale dated 10 February 2009 from the Permanent Missions to the United Nations of Afghanistan, the Bahamas, […] and Zimbabwe addressed to the Secretary-General

By United Nations, on 8 September 2020


2020

United Nations report

Afghanistan

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

Chad

China

Comoros

Democratic People's Republic of Korea

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Fiji

Gambia

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Japan

Jordan

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Maldives

Mauritania

Mongolia

Moratorium

Myanmar

Niger

Nigeria

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Suriname

Syrian Arab Republic

Thailand

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The Permanent Missions to the United Nations in New York listed below present their compliments to the Secretary-General of the United Nations and have the honour to refer to resolution 62/149, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 15 November 2007, and subsequently by the General Assembly on 18 December 2007 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention to existing stipulations under international law, for the following reasons:

Document(s)

Note verbale dated 11 January 2008 from the Permanent Missions to the United Nations of Afghanistan, Antigua and Barbuda, […] and Zimbabwe addressed to the Secretary-General

By United Nations, on 8 September 2020


United Nations report

Afghanistan

Antigua and Barbuda

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

China

Comoros

Democratic People's Republic of Korea

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Fiji

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Japan

Jordan

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Maldives

Mauritania

Mongolia

Moratorium

Myanmar

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Suriname

Syrian Arab Republic

Thailand

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The Permanent Missions to the United Nations in New York listed below present their compliments to the Secretary-General of the United Nations and have the honour to refer to resolution 62/149, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 15 November 2007, and subsequently by the General Assembly on 18 December 2007 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention to existing stipulations under international law, for the following reasons:

Document(s)

Resolution 62/149 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


International law - United Nations

aresfrruzh-hant
More details See the document

Document(s)

Resolution 63/168 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


International law - United Nations

aresfrruzh-hant
More details See the document

Document(s)

The Debate Over the Death Penalty in Today’s China

By Zhang Ning / China perpectives, on 1 January 2005


2005

Article

China


More details See the document

Despite the sensitivity of the subject, the death penalty is currently a topic of public discussion among Chinese legal experts who are now openly wondering about its possible abolition. This debate is of interest on three counts. First, it goes hand-in-hand with a retrospective reading of the Chinese penal tradition, highlighting the succession of attempts at modernising criminal law for over a century. It also shows the ever present weight of the Maoist legacy and the contradictions of the present policy, caught between a concern for legality and continuing recourse to exceptional measures. Lastly, legal professionals and theorists alike are engaging in a review—based on specific cases—of the particular features of contemporary Chinese society and culture.

  • Document type Article
  • Countries list China
  • Themes list Public debate,

Document(s)

Note verbale dated 11 March 2011 from the Permanent Mission of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 8 September 2020


2020

United Nations report

Afghanistan

Antigua and Barbuda

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

Chad

China

Democratic People's Republic of Korea

Democratic Republic of the Congo

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Moratorium

Myanmar

Niger

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Sierra Leone

Singapore

Solomon Islands

Somalia

Sudan

Syrian Arab Republic

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The permanent missions to the United Nations in New York listed below have the honour to refer to General Assembly resolution 65/206, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 11 November 2010, and subsequently by the General Assembly on 21 December 2010 by a recorded vote. The permanent missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

Document(s)

Why Do White Americans Support the Death Penalty?

By Journal of Politics / Alan R. Metelko / Laura Langbein, on 1 January 2003


2003

Article

United States


More details See the document

This article explores the roots of white support for capital punishment in the United States. Our analysis addresses individual-level and contextual factors, paying particular attention to how racial attitudes and racial composition influence white support for capital punishment. Our findings suggest that white support hinges on a range of attitudes wider than prior research has indicated, including social and governmental trust and individualist and authoritarian values. Extending individual-level analyses, we also find that white responses to capital punishment are sensitive to local context. Perhaps most important, our results clarify the impact of race in two ways. First, racial prejudice emerges here as a comparatively strong predictor of white support for the death penalty. Second, black residential proximity functions to polarize white opinion along lines of racial attitude. As the black percentage of county residents rises, so too does the impact of racial prejudice on white support for capital punishment.

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

Document(s)

The Shadow of the Gallows: The Death Penalty and the British Labour Government, 1945-51

By Victor Bailey / Law and History Review, on 1 January 2000


2000

Article

United Kingdom


More details See the document

Exactly what went wrong and why is the theme of this article. How and why did the Labour government, despite its massive majority in Parliament and a long-standing commitment to abolition, fail to get rid of the death penalty? Why was this “window of opportunity” to abolish capital punishment shut for another decade and a half? The answers to these questions will be sought primarily in the realm of government and Parliament.

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

Document(s)

Exploring the Effects of Altitudes Toward the Death Penalty on Capital Sentencing Verdicts

By Kevin O’Neil / Psychology, Public Policy and Law / Marc W. Patry / Steven D. Penrod, on 1 January 2004


2004

Article

United States


More details See the document

Attitudes toward the death penalty are multifaceted and strongly held, but little research outside of the death-qualification literature has focused on the role that such attitudes and beliefs play in jurors’ capital sentencing verdicts. A single item is insufficient to properly measure attitudes toward the death penalty; therefore, a new 15-item, 5-factor scale was constructed and validated. Use of this scale in 11 studies of capital jury decision making found a large effect of general support of the death penalty on sentencing verdicts as well as independent aggravating effects for the belief that the death penalty is a deterrent and the belief that a sentence of life without parole nonetheless allows parole. These effects generally were not completely mediated by, nor did attitudes moderate the effects of, aggravating and mitigating factors.

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

Document(s)

Stuck in the Dark Ages: Supreme Court Decision Making and Legal Developments

By James R.P. Ogloff / Psychology, Public Policy and Law / Sonia R. Chopra, on 1 January 2004


Article

United States


More details See the document

In the latter quarter of the 20th century, the United States Supreme Court has generally refused to narrow the procedural and substantive conditions under which adults may be sentenced to death for capital murder. The current status of social science evidence is briefly reviewed to evaluate the Court’s treatment of 3 specific categories of evidence: The death-qualified jury, prejudicial capital sentencing, and juror comprehension of capital-sentencing instructions. The role of perceptions of public opinion in the perseverance of capital punishment statutes is considered. It appears that the Court, in general, does not place much weight on social science evidence. Suggestions are made for future areas of research and practice for social scientists interested in capital punishment.

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

Document(s)

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

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


Article

United States


More details See the document

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

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

Document(s)

Capital Punishment, the Moratorium Movement, and Empirical Questions: Looking Beyond Innocence Race and Bad Lawyering in Death Penalty Cases

By James R. Acker / Charles A. Lanier / Psychology, Public Policy and Law, on 1 January 2004


Article

United States


More details See the document

This article briefly explores the underpinnings of the contemporary capital punishment moratorium movement and examines executive and legislative responses to calls for a halt to executions, including suggestions for studying the death penalty process. Although most investigations focus on select issues like innocence, ineffective counsel, and race bias, this article suggests that a wide-ranging constellation of issues should be investigated in any legitimate attempt to evaluate the administration of the death penalty. The article canvasses this broader sweep of issues, discusses related research evidence, and then considers the policy implications of conducting such a thorough empirical assessment of the administration of capital punishment in this country.

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

Document(s)

Mercy By the Numbers: An Empirical Analysis of Clemency and Its Structure

By Michael Heise / Virginia Law Review, on 1 January 2003


2003

Article

United States


More details See the document

Clemency is an extrajudicial measure intended both to enhance fairness in the administration of justice, and allow for the correction of mistakes. Perhaps nowhere are these goals more important than in the death penalty context. The recent increased use of the death penalty and concurrent decline in the number of defendants removed from death row through clemency call for a better and deeper understanding of clemency authority and its application. Questions about whether clemency decisions are consistently and fairly distributed are particularly apt. This study uses 27 years of death penalty and clemency data to explore the influence of defendant characteristics, political factors, and clemency’s structure on clemency decisions. The results suggest that although a defendant’s race and ethnicity did not influence clemency, gender did play a role, as women were far more likely than their male counterparts to receive clemency. Analyses of political and structural factors point in different directions. Political factors such as the timing of gubernatorial and presidential elections and a governor’s lame-duck status did not systematically influence clemency. However, how states structure clemency authority did make a difference. Clemency grants were more likely in states that vest authority in administrative boards than in states that vest authority in the governor. Regionality and time were also important as clemency grants were less likely in southern states and declined after 1984. Overall, these mixed results contribute to a critique that clemency decisions are arbitrary and inconsistent. Thus, important questions regarding fairness that plague earlier aspects of the death penalty process persist to its final stage.

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

Document(s)

The Decline of Juvenile Death Penalty: Scientific Evidence of Evolving Norms

By Valerie West / Jeffrey Fagan / Journal of Criminal Law and Criminology, on 1 January 2004


2004

Article

United States


More details See the document

In 2003, the Missouri Supreme Court set aside the death sentence of Christopher Simmons, who was 17 when he was arrested for the murder of Shirley Crook. The Simmons court held that the “evolving standards of decency” embodied in the Eighth Amendment’s prohibition of cruel and unusual punishments barred execution of persons who committed capital crimes before their 18th birthday. This decision was based in part on the emerging legislative consensus in the states opposing execution of juvenile offenders and the infrequency with which the death penalty is imposed on juvenile offenders. The State sought a writ of certiorari, and the case is now before the U.S. Supreme Court. This article presents results of analyses of empirical data on the use of the death penalty for adolescent homicide offenders in state courts in the U.S. since 1990. The data shows that, since 1994, when death sentences for juvenile offenders peaked, juvenile death sentences have declined significantly. In particular, the decline in juvenile death sentences since 1999 is statistically significant after controlling for the murder rate, the juvenile homicide arrest rate, and the rate of adult death sentences. This downward trend in juvenile death sentences signals that there is an evolving standard in state trial courts opposing the imposition of death sentences on minors who commit capital offenses.

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

Document(s)

Dangerousness, Risk Assessment, and Capital Sentencing

By Aletha M. Claussen-Schulza / Psychology, Public Policy and Law / Marc W. Pearceb / Robert F. Schopp, on 1 January 2004


Article

United States


More details See the document

Judges, jurors, police officers, and others are sometimes asked to make a variety of decisions based on judgments of dangerousness. Reliance on judgments of dangerousness in a variety of legal contexts has led to considerable debate and has been the focus of numerous publications. However, a substantial portion of the debate has centered on the accuracy and improvement of risk assessments rather than the issues concerning the use of dangerousness as a legal criterion. This article focuses on whether dangerousness judgments can play a useful role in capital sentencing decisions within the framework of “guided discretion” and “individualized assessment” set forth by the Supreme Court of the United States. It examines the relationship between these legal doctrines and contemporary approaches to risk assessment, and it discusses the potential tension between these approaches to risk assessment and these legal doctrines. The analysis suggests that expert testimony has the potential to undermine rather than assist the sentencer’s efforts to make capital sentencing decisions in a manner consistent with Supreme Court doctrine. This analysis includes a discussion of the advances and limitations of current approaches to risk assessment in the context of capital sentencing.

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

Document(s)

The Advocacy Handbook: A Guide to Implementing Recommendations of the Criminal Justice/Mental Health Consensus Project

By Council of State Governments Justice Center, on 1 January 2006


2006

Campaigning


More details See the document

A how-to guide for advocates who want to improve the response to people with mental illnesses who are in contact with the criminal justice system. The Advocacy Handbook reflects a shared effort among NAMI (the National Alliance for the Mentally Ill), the National Mental Health Association (NMHA), the National Association of State Mental Health Program Directors (NASMHPD), the Bazelon Center for Mental Health Law, and the Criminal Justice / Mental Health Consensus Project.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

The Role of International Law in United States Death Penalty Cases

By Sandra Babcock / Leiden Journal of International Law, on 1 January 2002


2002

Article

United States


More details See the document

The United States has repeatedly failed to notify detained foreign nationals of their rights to consular notification and access under Article 36 of the Vienna Convention on Consular Relations. In capital cases, US non-compliance with this ratified Treaty has led to litigation by foreign governments and individual lawyers in domestic courts and international tribunals. While these efforts have had mixed results in individual cases, litigation by Mexico, Germany and other actors has led to increased compliance with Article 36, and a growing recognition of the significance of US treaty obligations.

  • Document type Article
  • Countries list United States
  • Themes list Foreign Nationals,

Document(s)

Fair Trial Rights and Their Relation to the Death Penalty in Africa

By Lilian Chenwi / International and Comparative Law Quarterly, on 1 January 2006


2006

Article


More details See the document

A fair trial is a basic element of the notion of the rule of law, and the principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. At the centre of any legal system, therefore, must be a means by which legal rights are asserted and breaches remedied through the process of a fair trial in court, as the law is useless without effective remedies. The fairness of the legal process has a particular significance in criminal cases, as it protects against human rights abuses. Hence, constitutional due process and elementary justice require that the judicial functions of trial and sentencing be conducted with fundamental fairness, especially where the irreversible sanction of the death penalty is involved.

  • Document type Article
  • Themes list Fair Trial,

Document(s)

Initiating Constructive Debate: A Critical Reflection on the Death Penalty in Africa

By Lilian Chenwi / Comparative and International Law Journal of Southern Africa, on 1 January 2005


2005

Article


More details See the document

This article aims to show that there is a need for constructive debate on the death penalty in Africa. Considering that the African Commission is encouraging such a debate, the article begins with an examination of its stance on the subject. This is followed by a brief evaluation of the use of the death penalty in Africa, highlighting some areas of concern. The death penalty is then considered from a human rights perspective, focusing mainly on the possibility of relying on constitutional provisions on the right to life and the prohibition of cruel, inhuman and degrading treatment to challenge the death penalty.

  • Document type Article
  • Themes list Right to life, Cruel, Inhuman and Degrading Treatment and Punishment, Mandatory Death Penalty,

Document(s)

Race and Age Characteristics of those Sentenced to Death before and after Roper

By Frank R. Baumgartner, on 29 August 2022


2022

Academic report

fr
More details Download [ pdf - 111 Ko ]

“The penalty of death is more likely to be imposed on individuals who suffer from various disadvantages: poverty, poor lawyers, mental illness, intellectual deficits, for example. It also is more common among those with white victims compared to minority victims, those who commit crimes in jurisdictions that have previously sentenced more individuals to death, and those who committed their crimes in the 1980s or 1990s as compared to more recent years (see Baumgartner et al. 2018 for details). In this short report I focus on two particular disadvantages: age and minority status.” – Frank R. Baumgartner

Link to the article: https://deathpenaltyinfo.org/news/report-racial-disparities-in-death-sentences-imposed-on-late-adolescent-offenders-have-grown-since-supreme-court-ruling-banning-juvenile-death-penalty

  • Document type Academic report
  • Available languages

Document(s)

The Death Penalty in the United States: A Crisis of Conscience

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


2004

Article

United States


More details See the document

The articles in this issue discuss many appellate court decisions that turned on due process problems in the guilt and penalty phases of capital murder trials and the troubling role of race in capital prosecutions. Governor Ryan of Illinois cited many of these issues when he declared a moratorium on the death penalty and appointed a blue-ribbon panel to study the prosecution of capital murder in 2000. Governor Ryan commuted the sentences of all Illinois death row inmates in January 2003, in part, because the legislature was unable to address these issues that again appeared in the panel’s report. These issues raise serious questions about the reliability of the capital murder system and recommend a continued public debate about its fairness.

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

Document(s)

On Mother’s Day

By Saaramaria Kuittinen / The Cockpit, on 8 September 2020


2020

Multimedia content


More details See the document

A challenging, poetic and relatable piece of physical theatre in the round. On Mother’s Day is the story of Ramón, an endearing and friendly inmate, who spends his life running from violence only to find it within himself. It is a visually arresting ensemble performance about childhood, identity, and lost time. The script is based on seven years of letters between the writer Saaramaria Kuitinen and convicts on death row. Now, Ekata Theatre’s newest piece takes this material and uses a unique style of engaging visual storytelling, humour, and ensemble work to present a hard-hitting critique of the dehumanisation of the victims in the capital punishment system.

  • Document type Multimedia content
  • Themes list Death Row Conditions, Death Row Phenomenon, Death Penalty,

Document(s)

Poster 2011

on 10 October 2011


2011

Campaigning

World Coalition

Trend Towards Abolition

arfr
More details Download [ pdf - 107 Ko ]

Poster 2011

Document(s)

Lethal Election: How the U.S. Electoral Process Increases the Arbitrariness of the Death Penalty

By Death Penalty Information Center, on 1 July 2024


2024

NGO report

Public Opinion 

United States


More details See the document

Key Findings

Elected supreme court justices in Georgia, North Carolina, and Ohio are twice as likely to affirm death penalty cases during an election year than in any other year. This effect is statistically significant when controlling for the number of cases each year.

Changing public opinion means that zealous support for the death penalty is no longer a litmus test for elected officials in many death penalty jurisdictions. Today’s elections feature viable candidates who criticize use of the death penalty and pledge reforms or even non-use, reflecting the significant decline in public support for the death penalty.

Elected governors were more likely to grant clemency in the past when they did not face voters in an upcoming election. Concerns about voter “backlash” have eased today with declining public support and low numbers of new death sentences and executions, and have led to an increased number of prisoners benefiting from clemency grants, especially mass grants, in recent years.

  • Document type NGO report
  • Countries list United States
  • Themes list Public Opinion 

Document(s)

True Conviction

By Death Penalty Information Center / Jamie Meltzer, on 1 January 2017


2017

Working with...


More details See the document

True Conviction is a documentary which follows the detective agency started by Christopher Scott, the late Johnnie Lindsey, and Steven Phill—three wrongly convicted Dallas men who were exonerated after spending a combined 60 years in prison—as they work to attempt to free death-sentenced Max Soffar and other wrongly convicted prisoners.

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

Document(s)

Death Penalty in Pakistan

By Justice Project Pakistan, on 10 October 2022


2022

NGO report

Pakistan


More details See the document

The implementation of capital punishment has seen substantial shifts over the course of the past decade. During the period from the end of a moratorium on executions in December 2014 to August 2019, an estimated 1,800 death sentences were imposed across the entire court system and 520 people were executed. Various amendments to Pakistan’s criminal law over the past several decades have resulted in a list of 33 offenses, most of which are far removed from the definition of the “most serious crimes” under international law. A full list of offences is attached at the end of the report.

  • Document type NGO report
  • Countries list Pakistan

Member(s)

Center for Prisoner’s Rights (CPR)

on 30 April 2020

The Center for Prisoners’ Rights (CPR) was established in March 1995 as the first Japanese NGO specializing in prison reform. CPR‘s goal is to reform Japanese prison conditions in accordance with international human rights standards and to abolish the death penalty. The organisation researches human rights violations in Japanese prisons and makes its finding known […]

2020

Japan

Document(s)

Wrongful Convictions and the Death Penalty Guide

By The Death Penalty Project, on 1 November 2022


2022

NGO report

Fair Trial


More details See the document

One of the most compelling forces behind the evolution of international attitudes towards capital punishment in recent decades has been the increasing recognition of the potential for error in its use – that those states that choose to retain the practice may be taking the lives of innocent individuals. The Death Penalty Project produced this resource on wrongful convictions and the death penalty.

  • Document type NGO report
  • Themes list Fair Trial

Document(s)

Investigating Attitudes to the Death Penalty in Indonesia, Part Two – Public Opinion: No Barrier to Abolition

By Carolyn Hoyle - The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, on 28 June 2021


2021

NGO report

Drug Offenses

Indonesia

Public Opinion 


More details See the document

In 2019-20, The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, commissioned Professor Carolyn Hoyle, of The Death Penalty Research Unit at the University of Oxford to conduct research investigating attitudes towards the death penalty in Indonesia. The findings have been presented in a two-part report; the first details the findings of a nuanced public survey and the second details the findings of interviews conducted with opinion formers. The public opinion research was undertaken by surveying a stratified random sample of 1,515 respondents – a sample large enough to make inferences from the data about the views of the overall population.

  • Document type NGO report
  • Countries list Indonesia
  • Themes list Drug Offenses / Public Opinion 

Member(s)

Quaker United Nations Office, Geneva

on 30 April 2020

The Quaker United Nations Office (QUNO) serves as a Quaker presence at the United Nations (UN) in Geneva and New York. QUNO represents Quaker concerns at the international level, under the auspices of the Friends World Committee for Consultation (Quakers), the international Quaker body which has General Consultative Status with the UN. In addition to […]

2020

Switzerland

Member(s)

Comisión Cubana de Derechos Humanos y Reconciliación Nacional

on 30 April 2020

Mandate and Objectives: Promotion and protection of all HR for all. Programme for the abolition of the death penalty. Training programs. Free legal aid services. Preparation of monthly and special reports. Request for precautionary measures to international organizations. Type of actions: Legal defense. Education and outreach in the field of Hman Rights and Humanitarian aid […]

Cuba

Member(s)

Bahrain Centre for Human Rights

on 30 April 2020

Bahrain

Document(s)

United Nations General Assembly – Resolutions of the 77th Session

By United Nations, on 15 December 2022


2022

United Nations report

aresfrruzh-hant
More details See the document

This report provided by the United Nations General Assembly presents the resolutions of the 77th session. It includes reports on the moratorium on the use of the death penalty (A/77/463/Add.2 DR XII) which was adopted on the 15th of December 2022 with a vote (125-37-22) (A/77/PV.54) under item 68(b). Guided by the purposes and principles contained in the Charter of the United Nations, it reaffirms the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child and recalls the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

Member(s)

Adaleh Center for Human Rights Studies

on 30 April 2020

The Adaleh Center for Human Rights Studies is a non-governmental, non-profit organization founded on September 2003 and based in Amman, Jordan. Its mission is to enforce human rights values in Jordan and the Arab world, through building the capacity of non-governmental organizations and practitioners working in the field of human rights, democracy and justice. The […]

2020

Jordan

Member(s)

Lawyers For Human Rights International (LFHRI)

on 30 April 2020

In the early eighties, a group of lawyers committed to human rights work formed a loose group in order to defend the victims of state repression. In 1992, when the Punjab police and the security agencies who were operating in Punjab started a campaign to harass and kill human rights defenders and the group started […]

India

Document(s)

From Lynch Mobs to the Killing State : Race and the Death Penalty in America

By Austin Sarat and Charles J. Ogletree, Jr., on 24 August 2023


2023

Book

United States


More details See the document

Since 1976, over forty percent of prisoners executed in American jails have been African American or Hispanic. This trend shows little evidence of diminishing, and follows a larger pattern of the violent criminalization of African American populations that has marked the country’s history of punishment.

In a bold attempt to tackle the looming question of how and why the connection between race and the death penalty has been so strong throughout American history, Ogletree and Sarat headline an interdisciplinary cast of experts in reflecting on this disturbing issue. Insightful original essays approach the topic from legal, historical, cultural, and social science perspectives to show the ways that the death penalty is racialized, the places in the death penalty process where race makes a difference, and the ways that meanings of race in the United States are constructed in and through our practices of capital punishment.

From Lynch Mobs to the Killing State not only uncovers the ways that race influences capital punishment, but also attempts to situate the linkage between race and the death penalty in the history of this country, in particular the history of lynching. In its probing examination of how and why the connection between race and the death penalty has been so strong throughout American history, this book forces us to consider how the death penalty gives meaning to race as well as why the racialization of the death penalty is uniquely American.

  • Document type Book
  • Countries list United States

Document(s)

Reforming Criminal Justice

By Arizona State University (ASU), on 1 January 2017


2017

Academic report


More details See the document

Reforming Criminal Justice is a four-volume report meant to enlighten reform efforts in the United States with the research and analysis of leading academics. Broken down into individual chapters—each authored by a top scholar in the relevant field—the report covers dozens of topics within the areas of criminalization, policing, pretrial and trial processes, punishment, incarceration, and release. The chapters seek to enhance both professional and public understanding of the subject matter, to facilitate an appreciation of the relevant scholarly literature and the need for reform, and to offer potential solutions. The ultimate goal is to increase the likelihood of success when worthwhile reforms are debated, put to a vote or otherwise considered for action, and implemented in the criminal justice system.

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

Document(s)

Individual Statement of Commissioner Renny Cushing

By Death Penalty Information Center, on 1 January 2010


2010

Working with...


More details See the document

Individual Statement of Commissioner Renny Cushing

  • Document type Working with...
  • Themes list Murder Victims' Families, Death Penalty, Country/Regional profiles,

Document(s)

The Death Penalty and Intellectual Disability: A Guide

By Edward Polloway / AAIDD- American Association on Intellectual and Developmental Disabilities, on 8 September 2020


2020

Book

United States


More details See the document

In the 2002 landmark decision Atkins v. Virginia 536 U.S. 304, the Supreme Court of the United States ruled that executing a person with intellectual disability is a violation of the Eighth Amendment of the U.S. Constitution, which prohibits “cruel and unusual punishment,” but left states to determine their own criteria for intellectual disability. AAIDD has always advocated against the death penalty for people with intellectual disability and has long provided amicus curiae briefs in Supreme Court cases. Thus, in this comprehensive new book published by AAIDD, notable authors in the field of intellectual disability discuss all aspects of the issues, with a particular focus on foundational considerations, assessment factors and issues, and professional concerns in Atkins assessments.

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

Document(s)

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

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


2008

Academic report


More details See the document

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

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

Document(s)

Moratorium on the use of death penalty

By United Nations, on 1 January 2018


2018

United Nations report

arrufrzh-hantes
More details See the document

Document(s)

Note verbale dated 7 September 2017 from the Permanent Mission of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 1 January 2017


2017

United Nations report

Antigua and Barbuda

Bangladesh

Barbados

Botswana

Brunei Darussalam

Chad

China

Democratic People's Republic of Korea

Egypt

Ethiopia

Grenada

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Libya

Malaysia

Maldives

Moratorium

Nigeria

Oman

Pakistan

Papua New Guinea

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Sudan

Syrian Arab Republic

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The Permanent Missions to the United Nations in New York listed below have the honour to refer to General Assembly resolution 71/187, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 17November 2016 and subsequently by the Assembly on 19 December 2016 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attemptto impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

Document(s)

The Death Penalty in 2017: Year End Report

By Death Penalty Information Center, on 1 January 2017


NGO report


More details See the document

tences remained near historically low levels in 2017, as public support for the death penalty fell to its lowest level in 45 years, according to a report released today by the Death Penalty Information Center (DPIC). Eight states carried out 23 executions, half the number of seven years ago, and the second lowest total since 1991. Only the 20 executions in 2016 were lower. Fourteen states and the federal government are projected to impose 39 new death sentences in 2017, the second lowest annual total since the U.S. Supreme Court declared the death penalty unconstitutional in 1972. It was the seventh year in a row that fewer than 100 death sentences were imposed nationwide.

  • Document type NGO report
  • Themes list Capital offences, Cruel, Inhuman and Degrading Treatment and Punishment, Arbitrariness, Death Row Conditions, Death Penalty, Country/Regional profiles,

Document(s)

Why two mothers back death penalty repeal

By Vicki Schieber and Carolyn Leming / The Gazette, on 8 September 2020


2020

Working with...


More details See the document

This article talks about the tension between protecting the innocent on the one hand and dragging the process out for victims’ families on the other, and how those two can’t be reconciled.

  • Document type Working with...
  • Themes list Murder Victims' Families, Death Penalty,

Document(s)

Just Mercy: A Story of Justice and Redemption

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


2014

Book

United States


More details See the document

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

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

Document(s)

Resolution 73/175 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 14 October 2020


2020

International law - United Nations

aresfrruzh-hant
More details See the document

United Nations General Assembly Resolution adopted by the General Assembly on 17 December 2018 [on the report of the Third Committee (A/73/589/Add.2) 73/175. Moratorium on the use of the death penalty.

Document(s)

DPIC Study Finds No Evidence that Death Penalty Deters Murder or Protects Police

By Death Penalty Information Center, on 1 January 2017


2017

Article

United States


More details See the document
  • Document type Article
  • Countries list United States
  • Themes list Deterrence , Member organizations, Death Penalty,

Document(s)

Note verbale dated 16 April 2013 from the Permanent Mission of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 8 September 2020


2020

United Nations report

Afghanistan

Antigua and Barbuda

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Chad

China

Democratic People's Republic of Korea

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Grenada

Guyana

India

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Mauritania

Moratorium

Myanmar

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Syrian Arab Republic

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The permanent missions to the United Nations in New York listed below have the honour to refer to General Assembly resolution 67/176, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 19 November 2012, and subsequently by the General Assembly on 20 December 2012 by a recorded vote. The permanent missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

Document(s)

Wrongful Convictions and the Culture of Denial in Japanese Criminal Justice

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


2015

Article

Japan


More details See the document

The release of Hakamada Iwao from death row in March 2014 after 48 years of incarceration provides an opportunity to reflect on wrongful convictions in Japanese criminal justice. My approach is comparative because this problem cannot be understood without asking how Japan compares with other countries: to know only one country is to know no country well. Comparison with the United States is especially instructive because there have been many studies of wrongful conviction there and because the U.S. and Japan are the only two developed democracies that retain capital punishment and continue to carry out executions on a regular basis. On the surface, the United States seems to have a more serious problem with wrongful convictions than Japan, but this gap is more apparent than real. To reduce the problem of wrongful convictions in Japanese criminal justice, reformers must confront a culture of denial that makes it difficult for police, prosecutors, and judges to acknowledge their own mistakes.

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

Document(s)

Behind the Curtain: Secrecy and the Death Penalty in the United States

By Death Penalty Information Center, on 1 January 2018


2018

NGO report


More details See the document

This report documents the laws and policies that states have adopted to make information about executions inaccessible to the public, to pharmaceutical companies, and to condemned prisoners. It describes the dubious methods states have used to obtain drugs, the inadequate qualifications of members of the execution team, and the significant restrictions on witnesses’ ability to observe how executions are carried out.

  • Document type NGO report
  • Themes list Transparency, Lethal Injection, Death Penalty,

Document(s)

Deterrence Podcast – Death Penalty Information Center

By Death Penalty Information Center, on 8 September 2020


2020

Multimedia content

United States


More details See the document
  • Document type Multimedia content
  • Countries list United States
  • Themes list Deterrence , Member organizations, Death Penalty,

Document(s)

Мораторий на применение смертной казни. Доклад Генерального секретаря

By Генеральный секретарь ООН, on 11 December 2020


2020

Доклад Организации Объединенных Наций


More details See the document
  • Document type Доклад Организации Объединенных Наций

Document(s)

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

By United Nations Development Programme, on 8 September 2020


2020

NGO report


More details See the document

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

  • Document type NGO report
  • Themes list Death Penalty,

Document(s)

Korean : Death Penalty: Another Murder

By Amnesty International, on 8 September 2020


Academic report

Republic of Korea


More details See the document

For 15 years there have been no executions in South Korea. The film focuses mainly on South Korea through the stories of those directly affected by the death penalty and others outside the country who argue the case for abolition from the perspective of victims’ families, Renny Cushing, Murder Victims Families for Human Rights. It includes testimony from those sentenced to death, a prison warden, the former President of South Korea, Kim Dae Jung, a former prisoner of conscience who was himself sentenced to death and who introduced a moratorium during his presidency. No executions have taken place in South Korea since former President Kim Dae Jung announced his decision. In September South Korea celebrated 5,000 days with no executions.

  • Document type Academic report
  • Countries list Republic of Korea
  • Themes list Country/Regional profiles,

Document(s)

Oregon’s death penalty disproportionately used against persons with significant mental impairments

By Fair Punishment Project, on 8 September 2020


NGO report

United States


More details See the document

Although,by all functional measures, Oregonians have abandoned the death penalty, 35 condemned inmates remain on Oregon’s death row.What do we know about those people, and about the quality of justice that resulted in their death sentences? This report examines the cases of the condemned men and women in Oregon to see how they ended up there, and what patterns emerged.Here’s what we found: In Oregon, two-thirds of death row inmates possess signs of serious mental illness or intellectual impairment, endured devastatingly severe childhood trauma, or were not old enough to legally purchase alcohol at the time the offense occurred.

  • Document type NGO report
  • Countries list United States
  • Themes list Mental Illness, Death Row Phenomenon, Intellectual Disability, World Coalition Against the Death Penalty, Death Penalty, Country/Regional profiles,

Document(s)

Gray Rules Guillory May Ask for Mercy

By Vincent Lupo / American Press, on 1 January 2003


2003

Working with...


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This article focuses on Lorilei Guillory, the mother of a 6-year-old Iowa boy murdered 11 years ago. Guillory wantsto be allowed to ask jurors for mercy for the man who allegedly molested and killed her child. Judge Al Gray said he will allow Guillory “to testify and ask for mercy if she wishes” during any penalty phase, but prosecutors are appealing the decision ot the Louisiana Supreme Court. Murder Victims’ Families for Reconciliation filed an amicus curiae brief in the Louisiana Supreme Court in support of Lorilei Guillory’s effort to testify in the penalty phase of the trial of the man who murdered her 6 year old son Jeremy and to express her opposition to the execution of her son’s murderer

  • Document type Working with...
  • Themes list Public debate, Murder Victims' Families, Death Penalty,

Document(s)

The Death Penalty in Japan: A report on Japan’s legal obligations under the International Convenant on Civil and Political Rights and an assessment of public attitudes to capital punishment

By Saul Lehrfreund / Death Penalty Project, on 8 September 2020


2020

NGO report

Japan


More details See the document

This report was commissioned by the Death Penalty Project in order to assess Japan’s legal obligations on the use of the death penalty under the ICCPR, and to examine the related subject of public attitudes toward capital punishment in Japan.

  • Document type NGO report
  • Countries list Japan
  • Themes list International law, Public opinion,

Document(s)

The Last Defense

By Death Penalty Information Center / Viola Davis / Julius Tennon, on 1 January 2018


2018

Working with...


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The Last Defense is a new documentary series premiering for the first time at the 2018 Tribeca Film Festival on April 27. The seven-episode documentary series exposes flaws in the U.S. justice system through the personal narratives of death row prisoners Darlie Routier and Julius Jones, both whom maintain their innocence.

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

Document(s)

Capital and punishment: Resource scarcity increases endorsement of the death penalty

By Arizona State University (ASU), on 1 January 2018


Academic report


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A new study by an interdisciplinary team of Arizona State University psychology researchers has found a link between the actual and perceived scarcity of resources and support for capital punishment. The study discovered that countries with greater resource scarcity were more likely to have a death penalty, as were U.S. states with lower per capita income.

  • Document type Academic report
  • Themes list Death Penalty, Financial cost,

Document(s)

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

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


2015

Article

Japan


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

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

Document(s)

Will Wrongful Convictions Be a Catalyst for Change in Japanese Criminal Justice?

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


Article

Japan


More details See the document

This article is a written explanation of the 12-minute Australian Broadcasting Corporation video of the same name.

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

Document(s)

Moratoria del uso de la pena de muerte. Informe del Secretario General (2020)

By Secretario General de las Naciones Unidas, on 11 December 2020


2020

Informe de las Naciones Unidas


More details See the document
  • Document type Informe de las Naciones Unidas

Document(s)

The Death Penalty in 2016: trends confirm global movement toward restricted use of the death penalty

By Cornell Law School, on 8 September 2020


2020

Article


More details See the document

The number of abolitionist countries continued to grow in 2016, but national crises have created a political climate that heightens the risk that the death penalty will be reintroduced in a handful of abolitionist nations.The Cornell Center on the Death Penalty Worldwide assesses the evolutions of the worldwide situation of the death penalty in 2016.

  • Document type Article
  • Themes list Trend Towards Abolition, Cruel, Inhuman and Degrading Treatment and Punishment, Member organizations, World Coalition Against the Death Penalty, Death Penalty,

Document(s)

The Death Penalty in 2019: Year End Report

By Death Penalty Information Center, on 1 January 2019


2019

NGO report


More details See the document

The US death penalty usage remains near record lows in 2019.

  • Document type NGO report
  • Themes list Due Process , Innocence, Statistics,

Document(s)

The American Death Penalty and the (In)Visibility of Race

By Death Penalty Information Center / Carol S. Steiker / Jordan M. Steiker, on 1 January 2015


2015

Article

United States


More details See the document

In a new article for the University of Chicago Law Review, Professors Carol S. Steiker (left) of the University of Texas School of Law and Jordan M. Steiker (right) of Harvard Law School examine the racial history of the American death penalty and what they describe as the U.S. Supreme Court’s “deafening silence” on the subject of race and capital punishment. They assert that the story of the death penalty “cannot be told without detailed attention to race.” The Steikers’ article recounts the role of race in the death penalty since the early days of the United States, including the vastly disproportionate use of capital punishment against free and enslaved blacks in the antebellum South and describes the racial and civil rights context in which the constitutional challenges to the death penalty in the 1960s and 1970s were pursued. The authors contrast the “salience of race” in American capital punishment law and practice through the civil rights era with the “relative invisibility [of race] in the judicial opinions issued in the foundational cases of the modern era.”

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

Document(s)

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

By United Nations / Economic and Social Council, on 1 January 2015


United Nations report

rufrzh-hantes
More details See the document

The Economic and Social Council, by its resolution 1745 (LIV) of 16 May 1973, invited the Secretary-General to submit to it, at five-year intervals starting from 1975, periodic updated and analytical reports on capital punishment. The Council, by its resolution 1995/57 of 28 July 1995, recommended that the quinquennial reports of the Secretary-General should continue to cover also the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty. By the same resolution, the Council requested the Secretary-General, in preparing the quinquennial report, to draw on all available data, including current criminological research. The present ninth quinquennial report reviews the use of and trends in capital punishment, including the implementation of the safeguards during the period 2009-2013.

Document(s)

Texas Death Penalty Developments in 2015: The Year in Review

By Texas Coalition to Abolish the Death Penalty, on 1 January 2015


NGO report


More details See the document

This year, jurors in Texas imposed the fewest new death sentences since the U.S. Supreme Court upheld the state’s revised capital punishment statute in 1976. According to the Texas Coalition to Abolish the Death Penalty’s (TCADP) report, Texas Death Penalty Developments in 2015: The Year in Review, juries newly condemned three individuals to death. They rejected the death penalty in four other trials. The first death sentence of the year was not imposed until October 7, 2015.

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

Document(s)

Question of the death penalty: Report of the Secretary-General 2016

By United Nations, on 1 January 2016


2016

International law - United Nations

rufrzh-hantes
More details See the document

Pursuant to Human Rights Council decision 18/117, the present report is submitted to update previous reports on the question of the death penalty. The report confirms that the trend towards the universal abolition of the death penalty is continuing. However, a minority of States continued to use the death penalty in contravention of international human rights law. As requested in Human Rights Council resolution 22/11, the present report also includes information on the human rights of children of parents sentenced to the death penalty or executed.

Document(s)

Resolution 71/187 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


2020

International law - United Nations

aresfrruzh-hant
More details See the document

United Nations General Assembly Resolution adopted by the General Assembly on 19 December 2016 [on the report of the Third Committee (A/71/484/Add.2] 71/187. Moratorium on the use of the death penalty.

Document(s)

Death penalty disproportionately used against persons with significant mental impairments in five Florida Counties

By Fair Punishment Project, on 1 January 2017


2017

NGO report


More details See the document

This study, focusing on five of Florida’s 67 counties considers 48 death sentences that were declared unconstitutional after a Florida Supreme Court decision. The research reveals that “63 percent of these individuals exhibit signs of serious mental illness or intellectual impairment, endured devastatingly severe childhood trauma, or were not old enough to legally purchase alcohol at the time the offense occurred.”

  • Document type NGO report
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Intellectual Disability, Death Penalty, Country/Regional profiles,

Document(s)

2016 Report – Moratorium on the use of the death penalty

By United Nations, on 8 September 2020


2020

United Nations report

rufrzh-hantes
More details See the document

The present report is submitted to the General Assembly pursuant to its resolution 69/186. It discusses developments towards the abolition of the death penalty and the establishment of moratoriums on executions. The report also reflects on trends in the use of the death penalty, including the application of international standards relating to the protection of the rights of those facing the death penalty. It also discusses the role of national human rights institutions and private companies, as well as regional and international initiatives for advancing the abolition of the death penalty.

Document(s)

Note verbale dated 28 July 2015 from the Permanent Mission of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 8 September 2020


United Nations report

Antigua and Barbuda

Bangladesh

Botswana

Brunei Darussalam

China

Democratic People's Republic of Korea

Egypt

Ethiopia

Guyana

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Libya

Malaysia

Moratorium

Nigeria

Oman

Pakistan

Qatar

Saudi Arabia

Singapore

Sudan

Syrian Arab Republic

Trinidad and Tobago

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The permanent missions to the United Nations in New York listed below have the honour to refer to General Assembly resolution 69/186, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 21 November 2014 and subsequently by the General Assembly on 18 December 2014 by a recorded vote. The permanent missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

Document(s)

Digital Proceedings Oslo 2016 – 6th World congress against the death penalty

By Ensemble contre la peine de mort (ECPM), on 8 September 2020


Multimedia content

fr
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This publication brings together the contributions of experts and discussions among participants at the 6th World Congress against the Death Penalty held in Oslo, Norway, in June 2016.

Document(s)

A/HRC/42/28 – Capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty

By Human Rights Council, on 8 September 2020


United Nations report

rufrzh-hantar
More details See the document

The present report is submitted pursuant to resolution 36/17,of the Human Rights Council. The report examines the consequences arising at various stages of the imposition and application of the death penalty on the enjoyment of the human rights of persons facing the death penalty and other affected persons. It pays specific attention to the impact of the resumption of the use of the death penalty on human rights

Document(s)

Will Wrongful Convictions Be a Catalyst for Change in Japanese Criminal Justice?

By Australian Broadcasting Company, on 1 January 2015


2015

Multimedia content

Japan


More details See the document

Televised report on the flawed Japanese Justice System in an analysis of 2 exonorated prisoners from death row.

  • Document type Multimedia content
  • Countries list Japan
  • Themes list Fair Trial, Innocence,