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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,

Article 1 – Abolition of the death penaltyThe death penalty shall be abolished. No one shall be condemned to such penalty or executed.

• Document type Regional body report
• Themes list International law,
• Available languages German : Protokoll Nr. 13 zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten bezüglich der Abschaffung der Todesstrafe unter allen UmständenItalian : Protocollo n° 13 alla Convenzione per la salvaguardia dei Diritti dell'Uomo e delle Libertà fondamentali relativo all'abolizione delle pena di morte in ogni circostanzaПротокол № 13 к Конвенции о защите прав человека и основных свобод относительно отмены смертной казни при любых обстоятельствахProtocole n° 13 à la Convention de sauvegarde des Droits de l'Homme et des Libertés fondamentales, relatif à l'abolition de la peine de mort en toutes circonstances

Article 1 – Abolition of the death penaltyThe death penalty shall be abolished. No-one shall be condemned to such penalty or executed.

• Document type Regional body report
• Themes list International law,
• Available languages German : Protokoll Nr. 6 zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten über die Abschaffung der TodesstrafeItalian : Protocollo n° 6 alla Convenzione per la salvaguardia dei Diritti dell'Uomo e delle Libertà fondamentali sull'abolizione delle pena di morteПротокол № 6 к Конвенции о защите прав человека и основных свобод относительно отмены смертной казниProtocole no. 6 à la Convention de sauvegarde des Droits de l'Homme et des Libertés fondamentales concernant l'abolition de la peine de mort

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,

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,

Until the landmark decision of the Eastern Caribbean Court of Appeal in Hufhes and Spense v The Queen, the convetional wisdom was that the mandatory imposition of the death penalty could not be challenged in Commonwealth Caribbean countries as unconstitutional and that, in any event, the savings clauses contained in the constitutions would prevent any such challenge. As a consequence, the constitutional courts in the Commonwealth Caribbean are now being asked to consider a number of specific issues in relation to the mandatory death penalty: first, whether it is constitutional; and second, whether any chanllenges to the mandatory death penalty are barred by the savings clauses found to a varying degree, within each Caribbean constitution of and implications for global and regional developments are highly significant.

• Document type Article
• Themes list Mandatory Death Penalty,

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

NKDB hosts a monthly English language briefing and discussion on North Korean human rights every month with embassy officials, NGO staff, and NKDB staff as guests

• Document type Article
• Countries list Republic of Korea
• Themes list World Coalition Against the Death Penalty, Death Penalty, Country/Regional profiles,

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

• Document type Multimedia content
• Themes list Murder Victims' Families, Terrorism,
• Available languages Témoignages de victimes du terrorisme

This article considers community views on the risk of mistaken executions and how sentencing juries respond to such risks. It explores the present state of the law surrounding risk-taking regarding lingering or residual doubt, and finds the law in a state of denial. Though the risk may be there, and jurors may see it, this is not something they are directed, or even invited, to consider. Some jurors may deny effect to the risk they see, believing it is not a proper subject of their attention. Others will consider it, yet wonder whether they should. This inconsistent treatment, and dissonance from what the public wants and justifiably expects from its legal system, is largely a product of the United States Supreme Court’s 1988 decision in Franklin v. Lynaugh. Arguably misread, and at least misguided, the Court’s decision on considering lingering or residual doubts about guilt as a mitigating factor at the penalty phase has retarded development of meaningful ways to avert mistaken executions.

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

This article provides an in-depth analysis of death row phenomenon.

• Document type Article
• Themes list Death Row Phenomenon,

The authors analyze data concerning race discrimination in capital sentencing and data regarding how the public perceives this issue. They conclude that race discrimination is not an inevitable feature of all death penalty systems. Before Furman v. Georgia was decided in 1972, widespread discrimination against black defendants marred the practice of capital punishment in America. According to studies cited by the authors, race-of-defendant discrimination has lessened since Furman. However, race-of-victim discrimination remains a significant factor in sentencing; defendants with white victims are at a significantly higher risk of being sentenced to death and executed than are defendants whose victims are black, Asian, or Hispanic. From 1976 to 2002, the proportion of white-victim cases among all murder and non-negligent manslaughter cases has ranged between 51% and 56%. However, 81% of executed defendants had white victims. Polling data indicate that the general public perceives only one form of race discrimination in the use of the death penalty – race-of-defendant discrimination – and that the public and elected officials may see racial discrimination as inevitable in the criminal justice system. Race of victim discrimination is a pervasive problem in the death penalty system. However, race discrimination is not inevitable. If serious controls were enacted to address this problem (such as those imposed in a few states) a fairer system could result.

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

This paper focuses on the problems relating to mental illness or other mental disabilities that arise after sentencing, where the underlying values at stake are the dignity of the condemned prisoner and the integrity of the law.

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

This article discusses the role of executive clemency in light of the current political environment. Attending to the political aspects of the capital litigation process gives insight into the trends in the use of executive clemency

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

As the number of post-conviction DNA exonerations mounted and the Innocence Project undertook to treat these exonerations as a data set indicating the principal causes of wrongful conviction, the absence of fingerprint cases in that data set could have been interpreted as soft evidence that latent print evidence was unlikely to contribute to wrongful convictions. That situation changed in 2004 when Stephan Cowans became the first – and thus far the only – person to be exonerated by DNA evidence for a wrongful conviction in which fingerprint evidence was a contributing factor. Cowans’s wrongful conviction in Boston in 1997 for the attempted murder of a police officer was based almost solely on eyewitness identification and latent print evidence. The Cowans case not only provided dramatic additional support for the already established proposition that wrongful conviction by fingerprint was possible, it also demonstrated why the exposure of such cases, when they do occur, is exceedingly unlikely. These points have already been made in a comprehensive 2005 study of exposed cases of latent print misattributions. In this article, I discuss some additional things that we have learned about the prevalence and potential causes of wrongful conviction by fingerprint in the short time since the publication of that study.

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

This article analyses racial discrimination in the administration of the death penalty – despite their importance to the critical debate over the fairness of capital punishment – are not able to address the effects of many of the most pernicious forms of racism in American society. In particular, they cannot examine “biographical racism” – the accumulation of race-based obstacles, indignities, and criminogenic influences that characterizes the life histories of so many African-American capital defendants. Second, I propose that recognizing the role of this especially pernicious form of racism in the lives of capital defendants has significant implications for the way we estimate fairness (as opposed to parity) in our analyses of death sentencing. Chronic exposure to race-based, life-altering experiences in the form of biographical racism represents a profoundly important kind of “structural mitigation.” Because of the way our capital sentencing laws are fashioned, and the requirement that jurors must engage in a “moral inquiry into the culpability” of anyone whom they might sentence to die, this kind of mitigation provides a built-in argument against imposing the death penalty on African-American capital defendants. It is structured into their social histories by the nature of the society into which they have been born.

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

The Dui Hua Foundation estimates that China executed approximately 2,400 people in 2013 and will execute roughly the same number of people in 2014. Annual declines in executions recorded in recent years are likely to be offset in 2014 by the use of capital punishment in anti-terrorism campaigns in Xinjiang and the anti-corruption campaign nationwide.

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

This article examines the debate about whether or not an innocent person has been executed in the United States. The article begins by discussing several famous historical claims of wrongful execution, including Sacco & Vanzetti, the Rosenbergs, and Bruno Hauptmann. Then, the article addresses some recent claims of wrongful executions, including the case of Larry Griffin and the impact of a 2006 DNA test in the Roger Coleman case. The article evaluates why some innocence claims attract more attention than others. By recognizing two obstacles in wrongful execution claims and by establishing five lessons for gaining media attention, the article uses its historical analysis to extract strategy lessons for death penalty abolitionists. Finally, the article weighs arguments regarding the pros and cons of an abolitionist strategy that focuses on proving the innocence of executed individuals. The article concludes that wrongful execution claims provide an important argument for abolitionists, but such claims should not be presented as the main or only problem with the death penalty.

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

• Document type World Coalition

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

• Document type Arguments against the death penalty

In this Article, my goal is to raise doubts about the adequacy of the neo-retributive theory of clemency and stimulate reappraisal and development of what I will call the “redemptive” perspective. To this end I will present an exposition and critique of neo-retributive theory of clemency.

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

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

This is a guide for preparing events against the death penalty. It includes a “How to” guide for holding different types of events. It also provides a short factsheet on death penalty information in the United States.

• Document type Campaigning
• Themes list Networks,

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

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

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,

On 8 November, the 45-year-old mother of five children was found guilty of blasphemy and sentenced to death under Section 295B and 295C of Pakistan’s Penal Code, for insulting the Prophet Muhammad, by a court in Nankana, around 75km (45 miles) west of the city of Lahore in Punjab province.

• Document type Legal Representation
• Themes list Networks,

Has the imposition of death improved our stance in this battle for security of our fellow man? Does it have a “sting” in the sense of deterring man from killing men, women and children? Has society been victorious in preventing the killing? The simple answer is that the death penalty in America has done little to deter or prevent those inclined to kill from killing. Another concern is whether our system has terminated the lives of innocent individuals. 3 Under these circumstances, what should we as a society do insofar as our criminal justice system is concerned? In this article I seek to address those questions and ultimately recommend an overhaul in our death penalty approach. Is it time to …

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

To a great extent, those who believe that our criminal justice system rarely convicts the factually innocent and those who believe such miscarriages are rife have generally talked past each other for want of any empirically-justified factual innocence wrongful conviction rate. This article remedies at least a part of this problem by establishing the first such empirically justified wrongful conviction rate ever for a significant universe of real world serious crimes: capital rape-murders in the 1980’s. Using DNA exonerations for capital rape-murders from 1982 through 1989 as a numerator, and a 406-member sample of the 2235 capital sentences imposed during this period, this article shows that 21.45%, or around 479 of those, were cases of capital rape murder. Data supplied by the Innocence Project of Cardozo Law School and newly developed for this article show that only 67% of those cases would be expected to yield usable DNA for analysis. Combining these figures and dividing the numerator by the resulting denominator, a minimum factually wrongful conviction rate for capital rape-murder in the 1980’s emerges: 3.3%. The article goes on to consider the likely ceiling accompanying this 3.3% floor, arriving at a slightly softer number for the maximum factual error rate of around 5%. The article then goes on to analyze the implications of a factual error rate of 3.3%-5% for both those who currently claim errors are extremely rare, and those who claim they are extremely common. Extension of the 3.3%-5% to other capital and non-capital categories of crime is discussed, and standards of moral duty to support system reform in the light of such error rates is considered at length.

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

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,

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,

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,

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,

In the past thirty years, American attitudes towards those convicted of crimes have followed a devastating progression toward the dehumanization of criminal defendants. The evolution of law and policy has mirrored these changing attitudes. The philosophies behind incarceration have shifted from “facilitat[ing inmates’] productive re-entry back into the free world” to “using imprisonment merely to punish criminal offenders by … “containing’ them behind bars … for as long as possible.” 4 Rather than preventing crime or rehabilitating offenders, incarceration has become a means to satisfy society’s desire for vengeance and retribution. Responding to this push to punish, prosecutors in their haste to obtain a conviction are more likely to stress the heinousness of crimes rather than questioning the circumstances surrounding …

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

The Innocents documents the stories of individuals who served time in prison for violent crimes they did not commit. At issue is the question of photography’s function as a credible eyewitness and arbiter of justice.

• Document type Working with...
• Themes list Innocence,

The order struck during the regulatory years following Furman v. Georgia and Gregg v. Georgia has been inverted. Executions once were rarities of newsworthy moment; now, they are nearly twice-a-week occurrences that often pass with nary a notice. Skeptical scrutiny of death penalty cases once was the professed and practiced mission of the federal judiciary; now, words like weariness, ennui, and resentment seem better choices to capture the spirit of the federal courts when confronted with complaints from death row. As we will see, the various lines of objection join to form a sophisticated and comprehensive critique.

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

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,

BLOODSWORTH – An Innocent Man is a documentary memoir recounting Kirk Noble Bloodsworth’s remarkable journey through the criminal justice system. An innocent man convicted and sentenced to death for a crime he did not commit, Kirk became the first death row inmate exonerated by DNA evidence in the United States.Set against the backdrop of his 2013 battle to repeal the death penalty in the State that sentenced him to death, BLOODSWORTH – An Innocent Man offers an intimate glimpse into what it is to wake to a living nightmare; an innocent man caught in the perfect storm of injustice.

• Document type Working with...
• Themes list Innocence,

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,

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,

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,

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,

The most recent executions in South Korea took place in December 1997, when 23 people were executed at short notice on the same day. Similarly, nineteen executions occurred in 1995 and 15 in 1994, in each instance occurring all on the same day. These group executions seem to reflect cultural factors that monthly statistics alone do not capture. No executions have occurred since 1998, but this de facto suspension has not been reinforced by law. Since 1999, lawmakers have thrice endorsed a bill favoring life imprisonment without parole in place of the death penalty, but each time the proposal has stalled and failed to move forward. The need remains to develop a culturally appropriate pro-abolition argument that could persuade the Korean public that the death penalty is unworkable and wrong. On 21 January 2007, in the Inhyeokdang case, the Korean Court acquitted 8 persons who had been executed 32 years earlier. The hope is that, in light of strong arguments based on the risk to innocent persons and the irreversibility of capital punishment, Korea will effectively transition from de facto to formal abolition.

• Document type Article
• Countries list Republic of Korea
• Themes list Trend Towards Abolition,

The purpose of this article is (1) to establish that increasing punitiveness characterizes criminal justice policies in Japan and (2) to explain this trend in terms of the penal populism promoted by crime victims and supporting politicians. This article first examines newspaper articles to illuminate the increasingly punitive character of recent criminal justice policies in Japan in terms of both legislation and judicial decisions. The next section discusses the main contributing factors behind this trend and its public acceptance. The next two sections discuss two related issues: the public’s subjective sense of security, and the lack of a role for empirical criminologists in criminal justice policy making in Japan. The concluding section compares the Japanese and Anglo-American situations and argues that the same penal populism seen in Anglo-American countries is rapidly rising in Japan, and that public distrust of government has ironically increased the state’s investigative, prosecutorial, and sentencing powers in Japan. This article closes with the conjecture that police, prosecutors, and judges are unlikely to relinquish their increased power in the event that they gain the public’s trust and equally unlikely in the event of a change of the ruling party.

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

The past several decades have seen the emergence of a movement in the criminal justice system that has called for a greater consideration for the rights of victims. One manifestation of this movement has been the “right” of victims or victims’ families to speak to the sentencing body through what are called victim impact statements about the value of the victim and the full harm that the offender has created. Although victim impact statements have been a relatively noncontroversial part of regular criminal trials, their presence in capital cases has had a more contentious history. The U.S. Supreme Court overturned previous decisions and explicitly permitted victim impact testimony in capital cases in Payne v. Tennessee (1991). The dissenters in that case argued that such evidence only would arouse the emotions of jurors and bias them in favor of imposing death. A body of research in behavioral economics on the “identifiable victim effect” and the “identifiable wrongdoer effect” would have supported such a view. Using a randomized controlled experiment with a death-eligible sample of potential jurors and the videotape of an actual penalty trial in which victim impact evidence (VIE) was used, we found that these concerns about VIE are perhaps well placed. Subjects who viewed VIE testimony in the penalty phase were more likely to feel negative emotions like anger, hostility, and vengeance; were more likely to feel sympathy and empathy toward the victim; and were more likely to have favorable perceptions of the victim and victim’s family as well as unfavorable perceptions of the offender. We found that these positive feelings toward the victim and family were in turn related to a heightened risk of them imposing the death penalty. We found evidence that part of the effect of VIE on the decision to impose death was mediated by emotions of sympathy and empathy. We think our findings open the door for future work to put together better the causal story that links VIE to an increased inclination to impose death as well as explore possible remedies.

• Document type Article
• Countries list United States
• Themes list Murder Victims' Families,

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,

When a woman is raped and then murdered, it is among the most horrifying of crimes. It is also, often, among the most sensational, notorious, and galvanizing of cases. In 1964, Kitty Genovese was raped and murdered in Queens, New York. Her murder sparked soul-searching across the country because her neighbors heard her cries for help and did not respond: it made us question whether we had become an uncaring people. During the 1970s and 80s a number of serial killers raped and murdered their victims: including Ted Bundy in Florida and William George Bonin, the “Freeway Killer,” in Southern California. In the 1990s, the sexual assault-murder of seven- year-old Megan Kanka in New Jersey contributed to a firestorm of states passing sex offender notification statutes. Rolando Cruz was released from Illinois death row in 1995, after serving eleven years for a crime he did not commit: the rape and murder of ten-year-old Jeanine Nicarico. The crime itself sent shock waves through the Chicago metropolitan area and pressure to quickly solve it contributed to Cruz’s arrest and conviction. In each instance the rape- murder terrified us and made us want to impose the severest of punishments. This explores the crime and punishment of those convicted of committed rape .murder

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

In 1995, the U.S. Supreme Court dismissed Rees v. Peyton, Rees was a death penalty case in which the petitioner sought to withdraw his petition for writ of certiorari so that he could be executed. The Court stayed the proceedings after Rees was found incompetent to waive his appeal, but the Court did not dismiss the case until after Rees died of natural causes. Rees pended in the Court during the terms of three Chief Justices. Even though the Court underwent major changes in personnel and philosophy during those years, the Court’s treatment of Rees was essentially the same–to hold the case in abeyance. This article chronicles the extraordinary history of Rees in the U.S. Supreme Court for those thirty years.

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

This research will consider the principal claims and counterclaims made by death penalty supporters and opponents, as well as document the manner in which these claims were advanced or refuted. The nineteen-year debate provides a natural laboratory that can assist our understanding of why the United States is the only Western industrialized democracy to retain capital punishment.

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

The Article highlights that statutory compensation schemes overlook the case of Cameron Todd Willingham, executed in 2004, of wrongful execution and the greater injustice it entails and urges that the statutes be amended in light of this grievous wrong that has come to the fore of American criminal justice systems.

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

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,

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,

The case of Cameron Todd Willingham has become infamous and was enmeshed in the death penalty debate and the reelection of Texas Governor Rick Perry, who refused to grant a stay of execution. The governor has since attempted to derail an investigation by the Texas Forensic Science Commission.

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

Guided by existing macrolevel theories on punishment and society, the present study explores the independent and conjunctive effects of measures of sociopolitical conditions on the legal retention of capital punishment in 185 nations in the 21st century. Significant correlations are found between a nation’s retention of legal executions for ordinary crimes and its level of economic development, primary religious orientation, citizens’ voice in governance, political stability, and recent history of extrajudicial executions. Subsequent multivariate analyses through qualitative comparative methods reveal substantial context-specific effects and wide variability in legal retention even within countries with similar sociopolitical structures. These results are then discussed in terms of their theoretical implications for future cross-national research on punishment and society.

• Document type Article
• Themes list Networks,

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,

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

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

In Louisiana in the late 50s, Moreese Bickham, who was the oldest living survivor of death row, killed two members of the Ku Klux Klan to save his own life. He was sentenced to death and believes he was lucky enough to even have a trial as a black man in the south. Due to mental toughness, a timely supreme court decision, and a lot of hope, Bickham survived his death sentence. Whether he knew it or not, after that day, his life was not going to get any easier

• Document type Multimedia content
• Countries list United States
• Themes list Minorities, Death Row Conditions, Electrocution,

The Egypt Death Penalty Index is a joint initiative of Reprieve and the Daftar Ahwal Data Research Center. The Index tracks Egypt’s use of capital punishment between 25 Janurary 2011 and 23 Septembrer 2018.

• Document type Multimedia content
• Themes list Death Penalty, Country/Regional profiles,

This article outlines some of the main arguments against the death penalty in Japan.

• Document type Article
• Countries list Japan

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,

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

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

This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.Table of Contents (regarding information on the death penalty)II. Capital PunishmentChapter 5: International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change?Sandra L. BabcockChapter 6: The UN Optional Protocol on the Abolition of the Death PenaltyMarc BossuytChapter 7: The Right to Life and the Progressive Abolition of the Death PenaltyChristof Heyns and Thomas Probert and Tess BordenChapter 8: Progress and Trend of the Reform of the Death Penalty in ChinaZhao Bingzhi

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

While research abounds on attitudes toward capital punishment in the United States, such work has been lacking in non-western nations — particularly in India, the world’s largest democracy. Data recently collected have revealed variance in levels of support for the death penalty among Indian college students: 44 percent express some degree of opposition, 13 percent are uncertain, and 43 percent express some degree of support. Reasons for support or opposition also exhibited variance. According to a multivariate analysis, statistically significant reasons for support included retribution, instrumentalist goals, and incapacitation; while significant reasons for opposition included morality and the belief that deterrence could be achieved by imposing sentences of life without parole.

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

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

• Document type Academic report

This book tells the story of Alfred Dewayne Brown, a man who spent over twelve years in prison (ten of them on Texas’ infamous Death Row) for a high-profile crime he did not commit, and his lawyer, Brian Stolarz, who dedicated his career and life to secure his freedom. The book chronicles Brown’s extraordinary journey to freedom against very long odds, overcoming unscrupulous prosecutors, corrupt police, inadequate defense counsel, and a broken criminal justice system. The book examines how a lawyer-client relationship turned into one of brotherhood.Grace And Justice On Death Row also addresses many issues facing the criminal justice system and the death penalty – race, class, adequate defense counsel, and intellectual disability, and proposes reforms.Told from Stolarz’s perspective, this raw, fast-paced look into what it took to save one man’s life will leave you questioning the criminal justice system in this country. It is a story of injustice and redemption that must be told.

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

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

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

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,

This resource website displays data concerning death sentencing in the United States from 1990 to present. Research using these data includes a book, “End of its Rope: How Killing the Death Penalty Can Revive Criminal Justice” published by Harvard University Press in Fall 2017. This research was conducted by Professor Brandon L. Garrett with the support of the University of Virginia School of Law.

• Document type Working with...
• Themes list Death Penalty, Statistics,

Video “It is the potential of this documentary to move us toward a more enlightened society that excites me about this work.” Benjamin Jealous, former NAACP PresidentAs wrongful convictions, botched executions, and a broken justice system inch further into the spotlight, we must consider: What is justice? What part should the death penalty play?

• Document type Multimedia content
• Countries list United States
• Themes list Mental Illness, Innocence, Death Penalty,

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

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

Why are death penalty provisions, convictions and executions so prevalent in China? This article aims to answer this question by way of defining China as a ‘state power’ based society characterized by a socialist social system. The prevalence of the death penalty in China can be explained in terms of the following factors: first, the death penalty is a political issue of state power; second, the death penalty is a crucial part of criminal policy in a ‘state power’-based society; third, the issue of whether to retain the death penalty is a political rather than a legal matter. The Chinese government has improved its death penalty system in recent years; however, the situation has not fundamentally changed. The future of death penalty policy and practice in China will depend primarily on legal rather than democratic developments. The death penalty serves as a focal point that can help illuminate issues of punishment and society in East Asia. Accordingly, this article will elaborate my theories regarding the death penalty in contemporary China, with the primary intent of elucidating the relationship between punishment and society in China.

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

This article focuses on the role played by Mao Zedong in the making of the Chinese communist legal system in general and in the Chinese practice of the death penalty under Mao in particular. It attempts to study this link through an analysis of an event which represented a landmark, namely the campaign of the regression against counterrevolutionaries launched in 1950—2, and through an examination of three specific cases, which enable us to observe the concrete characteristics of these practices, whose effects continue to be felt in today’s China.

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

Students of capital punishment need to study Asia, the site of at least 85 percent and as many as 95 percent of the world’s executions. This article explores the varieties of Asian capital punishment in two complementary ways. Cross-sectionally, the impression of uniformity that comes from classifying 95 percent of the population of Asia as living in executing states breaks down when closer attention is paid to the character of capital punishment policy within retentionist nations. Temporally, the general trajectory of capital punishment in the Asian region seems downward (though generalizations about patterns in this part of the world are undermined by significant data problems). Asia is also a useful territory for testing the generality of theories of capital punishment based on European experience. Looking forward, Japan and South Korea, two developed nations in Asia that still retain the death penalty, may indicate what other Asian nations are likely to do as they develop. Ultimately, Asia either will become a major staging area for world-wide abolition or the campaign against capital punishment will fail to achieve global status.

• Document type Article
• Countries list Japan

The attitude of international law and practice to supreme penalties has evolved enormously over the past half-century. At Nuremberg, in 1946, capital punishment was imposed upon Nazi war criminals. But at the Rome Conference in 1998, when the international community provided for the establishment of the International Criminal Court, not only was capital punishment excluded, the text also limited the scope of life imprisonment. These changes were driven principally by evolving norms of international human rights law. The first changes became apparent in the early work of the International Law Commission on the Code of Crimes against the Peace and Security of Mankind, during the 1950s. When criminal prosecution returned to the international agenda, in the late 1980s and early 1990s, there was widespread agreement to exclude capital punishment. But at the Rome Conference, a relatively small and geographically isolated group of States made an aggressive attempt to defend capital punishment. Ultimately unsuccessful, their efforts only drew attention to a growing rejection of both capital punishment and life imprisonment in international and national legal systems

• Document type Article
• Themes list Networks,

A recent cohort of studies report deterrent effects of capital punishment that substantially exceed almost all previous estimates of lives saved by execution. Some of the new studies go further to claim that pardons, commutations, and exonerations cause murders to increase, as does trial delay. This putative life-life tradeoff is the basis for claims by legal academics and advocates of a moral imperative to aggressively prosecute capital crimes, brushing off evidentiary doubts as unreasonable cautions that place potential beneficiaries at risk of severe harm. Challenges to this “new deterrence” literature find that the evidence is too unstable and unreliable to support policy choices on capital punishment. This article identifies numerous technical and conceptual errors in the “new deterrence” studies that further erode their reliability: inappropriate methods of statistical analysis, failures to consider several factors such as drug epidemics that drive murder rates, missing data on key variables in key states, the tyranny of a few outlier states and years, weak to non-existent tests of concurrent effects of incarceration, inadequate instruments to disentangle statistical confounding of murder rates with death sentences and other punishments, failure to consider the general performance of the criminal justice system as a competing deterrent, artifactual results from truncated time frames, and the absence of any direct test of the components of contemporary theoretical constructions of deterrence. Re-analysis of one of the data sets shows that even simple adjustments to the data produce contradictory results, while alternate statistical methods produce contrary estimates. But the central mistake in this enterprise is one of causal reasoning: the attempt to draw causal inferences from a flawed and limited set of observational data, the absence of direct tests of the moving parts of the deterrence story, and the failure to address important competing influences on murder. There is no reliable, scientifically sound evidence that pits execution against a robust set of competing explanations to identify whether it exerts a deterrent effect that is uniquely and sufficiently powerful to overwhelm the recurring epidemic cycles of murder. This and other rebukes remind us to invoke tough, neutral social science standards and commonsense causal reasoning before expanding the use of execution with its attendant risks and costs.

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

What would you do if someone you love was raped, tortured, or murdered? How would you seek justice? The very thought evokes horror— we shudder to even consider it. But it is a reality faced by Vicki and Syl Scheiber after their daughter’s rape and murder; faced by Karen Brassard in the traumatic aftermath of the Boston Marathon bombing; faced by former Virginia state executioner Jerry Givens after performing 62 executions.As wrongful convictions, botched executions, and a broken justice system inch further into the spotlight, we must consider: What is justice? What part should the death penalty play?In the Executioner’s Shadow allows a glimpse into Jerry’s rarely seen world of death row and execution. It explores Karen’s moral conflict as she attends the accused bomber’s trial, a young man the same age as her son. It defies our perception of justice as Vicki and Syl fight for the life of their daughter’s murderer.In the Executioner’s Shadow illuminates the oft hidden realities entangled in death row, the death penalty, and the U.S. Justice system at large.

• Document type Multimedia content
• Countries list United States
• Themes list Public opinion, Death Penalty, Country/Regional profiles,

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

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

The story is based on the conviction Dhananjoy, accused for the gruesome murder of Hetal Parekh, which took place in the year 1990. On the basis of circumstantial evidence and on the basis of the deceased mother’s statement, Dhananjoy Chatterjee- a security guard, was executed and hanged to death on the early hours of 15th August 2004, after serving imprisonment for 14 long years and after having appealed to all levels of court in the country; and finally, to the President of India.

• Document type Multimedia content
• Countries list India
• Themes list Public opinion, Innocence, Death Row Conditions, Discrimination, Death Penalty,