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World coalition against the death penalty – Newsletter n°118
on 20 November 2020
2020
Document(s)
Poster World day against the death penalty 2024 – 2025 – Yoruba
By World coalition against the death penalty, on 11 July 2024
2024
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World Coalition
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- Document type Campaigning / World Coalition
World coalition against the death penalty – Newsletter n°117
on 20 November 2020
2020
World coalition against the death penalty – Newsletter n°116
on 20 November 2020
World coalition against the death penalty – Newsletter n°119
on 20 November 2020
World coalition against the death penalty – Newsletter n°120
on 20 November 2020
Document(s)
Jeremy Irons talks about the death penalty
By Amnesty International, on 1 January 2007
2007
Arguments against the death penalty
More details See the document
This video features Jeremy Irons who speaks about the death penalty and arguements commonly made for it.
- Document type Arguments against the death penalty
- Themes list Networks,
Illinois-embraces-a-culture-of-life-and-outlaws-the-death-penalty-1.html
on 8 September 2020
Illinois-embraces-a-culture-of-life-and-outlaws-the-death-penalty-1.html
2020
World coalition against the death penalty – Newsletter n°110
on 20 November 2020
2020
World coalition against the death penalty – Newsletter n°108
on 20 November 2020
Document(s)
Poster World day against the death penalty 2024 – 2025 – Italian
By World coalition against the death penalty, on 9 July 2024
2024
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World Coalition
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Poster World day against the death penalty 2024 – 2025 – Indonesian
By World coalition against the death penalty, on 24 July 2024
2024
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World Coalition
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- Document type Campaigning / World Coalition
World coalition against the death penalty – Newsletter n°109
on 20 November 2020
2020
World coalition against the death penalty – Newsletter n°111
on 20 November 2020
World coalition against the death penalty – Newsletter n°112
on 20 November 2020
World coalition against the death penalty – Newsletter n°123
on 23 March 2021
2021
World coalition against the death penalty – Newsletter n°113
on 20 November 2020
2020
World coalition against the death penalty – Newsletter n°114
on 20 November 2020
World coalition against the death penalty – Newsletter n°107
on 20 November 2020
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Poster World day against the death penalty 2024 – 2025 – Lingala
By World coalition against the death penalty, on 15 July 2024
2024
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World Coalition
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World coalition against the death penalty – Newsletter n°106
on 20 November 2020
2020
World coalition against the death penalty – Newsletter n°105
on 20 November 2020
Document(s)
Poster World day against the death penalty 2024 – 2025 – German
By World coalition against the death penalty, on 9 July 2024
2024
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World Coalition
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World coalition against the death penalty – Newsletter n°115
on 20 November 2020
2020
Document(s)
Poster IT – 2021 World Day Against the Death Penalty
By World Coalition Against the Death Penalty, on 10 June 2021
2021
Campaigning
Women
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Donne condannate a morte: una realta’ invisibile
- Document type Campaigning
- Themes list Women
World coalition against the death penalty – Newsletter n°125
on 2 July 2021
2021
Document(s)
Poster 21st World Day Against the Death Penalty – Lingala
By World coalition against the death penalty, on 2 October 2023
2023
World Coalition
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- Document type World Coalition
Document(s)
A Summary Report on Public Support for the Death Penalty in Ghana
By University of Cambridge / Peter Atupare Atudiwe, on 1 January 2014
2014
Academic report
More details See the document
This report provides evidence on public attitudes to the death penalty in Ghana, withan empirical focus on Accra.
- Document type Academic report
- Themes list Public opinion, Statistics,
Document(s)
Poster DE – 2021 World Day Against the Death Penalty
By World Coalition Against the Death Penalty, on 10 June 2021
2021
Campaigning
Women
More details Download [ pdf - 8373 Ko ]
Frauen in der Todeszelle: Ungesehene Realität
- Document type Campaigning
- Themes list Women
World Coalition Against the Death Penalty_ How to insert gender issues in abolitionist advocacy
on 1 August 2023
World Coalition Against the Death Penalty_ How to insert gender issues in abolitionist advocacy
2023
HOW-STATES-ABOLISH-THE-DEATH-PENALTY_A-SUPPLEMENT-OF-CASE-STUDIES
on 16 December 2022
HOW-STATES-ABOLISH-THE-DEATH-PENALTY_A-SUPPLEMENT-OF-CASE-STUDIES
2022
World coalition against the death penalty – Newsletter n°117
on 20 November 2020
2020
35179-Beating-the-death-penalty-in-Illinois-1.html
on 8 September 2020
35179-Beating-the-death-penalty-in-Illinois-1.html
2020
Document(s)
Poster World day against the death penalty 2024 – 2025 – Urdu
By World coalition against the death penalty, on 9 July 2024
2024
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World Coalition
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Document(s)
Poster World day against the death penalty 2024 – 2025 – Tagalog
By World coalition against the death penalty, on 9 July 2024
Campaigning
World Coalition
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- Document type Campaigning / World Coalition
Document(s)
No to the Death Penalty, No to Revenge
By YouTube, on 1 January 2008
2008
Working with...
More details See the document
A murder victim’s family member talks out about her opposition to the death penalty.
- Document type Working with...
- Themes list Networks,
Document(s)
Poster World day against the death penalty 2024 – 2025 – Japanese
By World coalition against the death penalty, on 9 July 2024
2024
Campaigning
World Coalition
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- Document type Campaigning / World Coalition
Document(s)
Poster World day against the death penalty 2024 – 2025 – Luganda
By World coalition against the death penalty, on 9 July 2024
Campaigning
World Coalition
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- Document type Campaigning / World Coalition
World coalition against the death penalty – Newsletter n°125
on 2 July 2021
2021
World coalition against the death penalty – Newsletter n°124
on 2 July 2021
World coalition against the death penalty – Newsletter n°122
on 2 July 2021
Document(s)
Poster SWA – 2021 World Day Against the Death Penalty
By World Coalition Against the Death Penalty, on 10 June 2021
2021
Campaigning
Women
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Wanawake waliohukumiwa kunyongwa: Ukweli uliofichika
- Document type Campaigning
- Themes list Women
World coalition against the death penalty – Newsletter n°121
on 2 July 2021
2021
Document(s)
Poster JPN – 2021 World Day Against the Death Penalty
By World Coalition Against the Death Penalty, on 10 June 2021
2021
Campaigning
Women
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死刑を科された女性:その知られざる現実
- Document type Campaigning
- Themes list Women
Document(s)
Poster World day against the death penalty 2024 – 2025 – Swahili
By World coalition against the death penalty, on 9 July 2024
2024
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World Coalition
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- Document type Campaigning / World Coalition
Document(s)
Opting for Real Death Penalty Reform
By James S. Liebman / Ohio State Law Journal, on 1 January 2002
2002
Article
United States
More details See the document
The capital punishment system in the United States is broken. Studies reveal growing delays nationwide between death sentences and executions and inexcusably high rates of reversals and retrials of capital verdicts. The current system persistently malfunctions because it rewards trial actors, such as police, prosecutors, and trial judges, for imposing death sentences, but it does not force them either to avoid making mistakes or to bear the cost of mistakes that are made during the process. Nor is there any adversarial discipline imposed at the trial level because capital defendants usually receive appointed counsel who either do not have experience trying capital cases or who receive inadequate resources from the State to pay litigation expenses. Instead, the appellate system is forced to deal with large amounts of error, creating backlog and delays. This article proposes a radical trade-off for capital defendants in which they agree to give up existing post-conviction review rights in return for a real assurance of better qualified, higher quality trial counsel. This proposal will avoid the traps of window dressing reforms, save states a good bit of the expense of appellate review, and make the capital punishment system more fair, efficient, and effective.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
The Decline of the Judicial Override
By Ben Cohen / Michael L. Radelet / Annual Review of Law and Social Science, on 1 January 2019
2019
Academic report
More details See the document
This article discusses the role of judges in death determinations, identifying jurisdictions that initially (post-1972) allowed judge sentencing and naming the individuals who today remain under judge-imposed death sentences. The decisions guaranteeing a jury determination have so far been applied only to cases that have not undergone initial review in state courts. Key questions remain unresolved, including whether the evolving standards of decency permit the execution of more than 100 individuals who were condemned to death by judges without a jury’s death verdict before implementation of the rules that now require unanimous jury votes.
- Document type Academic report
- Themes list Due Process , Fair Trial,
Document(s)
Courting Death – The Supreme Court and Capital Punishment
By Carol S. Steiker / Jordan M. Steiker / Harvard University Press, on 8 September 2020
2020
Book
United States
More details See the document
While execution chambers remain active in several states in the United States, constitutional regulation has contributed to the death penalty’s new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.
- Document type Book
- Countries list United States
- Themes list Death Penalty, Country/Regional profiles,
Document(s)
The defense has the floor – 2020 World Day
By World Coalition Against the Death Penalty, on 8 September 2020
Academic report
frMore details Download [ - 0 Ko ]
On the occasion of the 2020 World Day, the World Coalition Against the Death Penalty has compiled testimonies from those for whom access to counsel is a matter of life or death.
- Document type Academic report
- Themes list World Coalition Against the Death Penalty,
- Available languages La parole est à la défense - Journée mondiale 2020
Document(s)
HANDS OFF CAIN’S 2015 REPORT. The Most Important Facts of 2014 (And the First Six Months of 2015)
By HANDS OFF CAIN, on 8 September 2020
NGO report
More details See the document
The 2015 HANDS OFF CAIN’s Report analyses the current status of executions around the world, providing detailed regional overviews. The Report confirms the worldwide trend towards abolition, even though the death penalty is still applied for violent and non-violent crimes, as in the contexts of the “war on drugs” and the “war on terror”.
- Document type NGO report
- Themes list Trend Towards Abolition, Death Penalty, Country/Regional profiles,
Document(s)
The Failure of Mitigation?
By Robert J. Smith / Hastings Law Journal, on 1 January 2014
2014
Article
United States
More details See the document
A vast literature details the crimes that condemned inmates commit, but very little is known about the social histories of these capital offenders. For example, how many offenders possessed mitigating characteristics that demonstrate intellectual or psychological deficits comparable to those shared by classes of offenders categorically excluded from capital punishment? Did these executed offenders suffer from intellectual disability, youthfulness, mental illness, or childhood trauma? The problem with this state of affairs is that the personal characteristics of the defendant can render the death penalty an excessive punishment regardless of the characteristics of the crime. This Article begins to fill the mitigation knowledge gap by describing the social histories of the last hundred offenders executed in America. Scouring state and federal court records, this Article documents the presence of significant mitigation evidence for eighty-seven percent of executed offenders. Though only a first step, our findings suggest the failure of the Supreme Court’s mitigation project to ensure the only offenders subjected to a death sentence are those with “a consciousness materially more depraved” than that of the typical murderer. Indeed, the inverse appears to be true: the vast majority of executed offenders possess significant functional deficits that rival — and perhaps outpace — those associated with intellectual impairment and juvenile status; defendants that the Court has categorically excluded from death eligibility.
- Document type Article
- Countries list United States
- Themes list Mental Illness, Arbitrariness, Intellectual Disability,
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)
Matters of Judgment
By National Law University, New Delhi Press, on 1 January 2017
2017
Academic report
More details See the document
The aim of this study was to explore the opinions of former judges of the Supreme Court of India on the death penalty and more generally on the state of India’s criminal justice system as far as it was relevant to the death penalty. The study did not focus on the position that former judges took on the death penalty but was instead interested in understanding the reasons they saw for both abolition and retention. In addition to exploring those reasons, the study also wanted to map the understanding of the ‘rarest of rare’ doctrine among former judges and get insights into the manner in which judicial discretion is exercised in death penalty cases. Finally, we wanted to locate all these discussions on the death penalty in the context of an evaluation of the criminal justice system by the former judges.
- Document type Academic report
- Themes list Networks, Death Penalty, Country/Regional profiles,
Document(s)
Death and Deterrence Redux: Science, Law and Causal Reasoning on Capital Punishment
By Jeffrey Fagan / Ohio State Journal of Criminal Law, on 1 January 2006
2006
Article
United States
More details See the document
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 ,
Document(s)
International Covenant on Civil and Political Rights
By United Nations, on 1 January 1966
1966
United Nations report
arrufrzh-hantesMore details See the document
Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.
- Document type United Nations report
- Themes list International law,
- Available languages العهد الدولي الخاص بالحقوق المدنية والسياسيةМеждународный пакт о гражданских и политических правахPacte international relatif aux droits civils et politiques公民权利和政治权利国际盟约Pacto Internacional de Derechos Civiles y Políticos
Document(s)
Death Penalty and Innocence
By Amnesty International - USA, on 8 September 2020
2020
Arguments against the death penalty
More details See the document
This webpage talks about innocence and the death penalty: Examples of innocence in three cases in the United States and factors leading to wrongful conviction.
- Document type Arguments against the death penalty
- Themes list Innocence,
Document(s)
Death Penalty Trends
By Amnesty International - USA, on 1 January 2013
2013
Arguments against the death penalty
More details See the document
This sheet speaks about the trend towards abolition of the death penalty, aswell as declining public support for it.
- Document type Arguments against the death penalty
- Themes list Trend Towards Abolition,
Document(s)
Death Row – The Final Minutes
By Blink Publishing / Michelle Lyons, on 8 September 2020
2020
Book
United States
More details See the document
First as a reporter and then as a spokesperson for the Texas Department of Criminal Justice, Michelle was a frequent visitor to Huntsville’s Walls Unit, where she recorded and relayed the final moments of death row inmates’ lives before they were put to death by the state.Michelle was in the death chamber as some of the United States’ most notorious criminals, including serial killers, child murderers and rapists, spoke their last words on earth, while a cocktail of lethal drugs surged through their veins.
- Document type Book
- Countries list United States
- Themes list Right to life, Death Penalty,
Document(s)
New opinion study shows Zimbabwean public ready to accept death penalty abolition
By Death Penalty Project, on 1 January 2018
2018
NGO report
More details See the document
Today, The Death Penalty Project, in partnership with Veritas, launches “12 Years Without an Execution: Is Zimbabwe Ready for Abolition?” a national public opinion study, providing for the first time comprehensive and contextualised data on public attitudes towards the death penalty in Zimbabwe – a country that has not carried out any executions in over 12 years.
- Document type NGO report
- Themes list Public opinion, Public debate, Death Penalty, Country/Regional profiles,
Document(s)
Death Penalty India Report – Volume 2
By Anup Surendranath / National Law University, New Delhi Press, on 8 September 2020
2020
NGO report
India
More details See the document
This project sought to answer questions regarding the socio-economic profile of prisoners sentenced to death in India while looking into the process of death sentencing in itself. By means of meaningful statistics and case studies, this report manages to enlighten some aspects of the death penalty in India which are generally not fully explored and triggers a sociological discussion on these thorny issues that goes beyond the legal analysis of Supreme Court judgments.Chapters:6) Experience in custody7) Trial and appeals8) Living on death row9) Seeking mercy10) ImpactLink to Volume 1: http://www.worldcoalition.org/resourcecentre/document/id/1462890615
- Document type NGO report
- Countries list India
- Themes list Discrimination, Country/Regional profiles,
Document(s)
2018 Death Penalty report: Saudi Arabia’s False Promise
By European Saudi Organisation for Human Rights, on 1 January 2019
2019
NGO report
More details See the document
The European Saudi organisation for Humans Rights published its 2018 report on the use of the death penalty in the Saudi Kingdom. It points an authoriatiran drift within the increase of the political use of the capital sentence against activists, women and clerics.
- Document type NGO report
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Arbitrariness, Death Penalty,
Document(s)
Korean : Death Penalty: Another Murder
By Amnesty International, on 8 September 2020
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,
logo-Abolition-Death-Penalty-of-Iraq
on 30 June 2023
2023
gender-and-death-penalty-glossary
on 15 August 2023
2023
Global-Consortium-for-Death-Penalty-Abolition
on 12 July 2024
2024
death-penalty-in-china-2022
on 15 February 2022
2022
Document(s)
Emerging Issues in Juvenile Death Penalty Law
By Victor L. Streib / Ohio Northern University Law Review, on 1 January 2000
2000
Article
United States
More details See the document
As our society’s enduring marriage to the death penalty prepares to enter yet another century, it is a marriage that places the children in danger. Why is it that we continue to impose the death penalty for crimes committed by juvenile offenders? As questionable as the death penalty is in general, might we not at least place an “adults only” label on it? The rest of the world has already done so. Only in America need children fear execution by their own government.
- Document type Article
- Countries list United States
- Themes list Juveniles,
Document(s)
Europe – A Death Penalty Free Zone: Commentary and Critique of Abolitionist Strategies
By Peter Hodgkinson / Ohio Northern University Law Review, on 8 September 2020
2020
Article
More details See the document
The purpose of this paper is to offer a critique and commentary on the European agenda on the abolition of the death penalty, and in so doing the author has relied heavily on the contributions made by a number of commentators to the recent Council of Europe publication, “The Death Penalty: Abolition in Europe”.
- Document type Article
- Themes list International law, Trend Towards Abolition,
Document(s)
Press article: reporting the death penalty
By Ensemble contre la peine de mort (ECPM), on 1 January 2017
2017
NGO report
More details See the document
- Document type NGO report
- Themes list Public debate, Member organizations, Death Penalty,
Article(s)
Guatemala: abolish the death penalty
on 18 September 2013
2013
Guatemala
Document(s)
Minority Practice, Majority’s Burden: The Death Penalty Today
By James S. Liebman / Peter Clarke / Columbia School of Law, on 1 January 2011
2011
Article
United States
More details See the document
This article explores how, capital punishment in the United States is a minority practice. This feature of American capital punishment has become more pronounced recently, and is especially clear when death sentences, which are merely infrequent, are distinguished from executions, which are exceedingly rare.
- Document type Article
- Countries list United States
- Themes list Minorities,
Document(s)
The Ride: A Shocking Murder and a Bereaved Father’s Journey from Rage to Redemption
By Brian MacQuarrie , on 1 January 2012
2012
Arguments against the death penalty
More details See the document
The Ride tells the true story of one of the most gruesome crimes in recent memory—the 1997 abduction and murder of ten-year-old Massachusetts resident Jeffrey Curley—and how his father, Bob Curley, managed to heal the deep wounds of rage and emerge to become an outspoken critic of the death penalty.In vivid, compelling prose, Boston Globe reporter Brian MacQuarrie recounts the brutal crime that shocked New England and chronicles what transpires after Jeffrey’s death, which is nearly as shocking as the crime itself. At the heart of this deeply touching story is the way Bob Curley summons the almost superhuman courage to reject the death penalty. In tracing his personal journey, The Ride presents an appealing everyman hero forced into the spotlight by unfathomable circumstances, and compelled to confront the consequences of his fury.
- Document type Arguments against the death penalty
- Themes list Public opinion, Murder Victims' Families, Death Penalty,
Document(s)
Gall, Gallantry, and the Gallows: Capital Punishment and the Social Construction of Gender, 1840-1920
By Gender and Society / Alana van Gundy-Yoder, on 1 January 2008
2008
Article
United States
More details See the document
In this article, the authors examine how the debate over women’s executions during the nineteenth and early twentieth century funneled and in various ways processed the contrary demands of gender and capital justice. They show how encounters with capital punishment both reflected and reinforced dominant interpretations of womanhood and as such contributed to the intricate web of normative strictures that affected all women at the time. At the same time, however, the often heated debates that accompanied such cases pried open some of the contradictions inherent in the dominant interpretations and, as a result, came to challenge the boundaries that separated not only women from men but also women from each other. Rather than viewing gender as a unidirectional influence on capital punishment, the authors argue that gender is best approached as an evolving social category that gets reconstructed, modified, and transformed whenever it is implicated in social practices and public debates.
- Document type Article
- Countries list United States
- Themes list Women,
Document(s)
Let’s Make a Deal: Waiving the Eighth Amendment by Selecting a Cruel and Unusual Punishment
By Jeffrey L. Kirchmeier / Connecticut Law Review, on 1 January 2000
2000
Article
United States
More details See the document
This Article addresses the issue of whether a criminal defendant may waive the Eighth Amendment prohibition on cruel and unusual punishments by selecting an unconstitutional punishment over a constitutional punishment. The Article begins with a discussion of the Supreme Court’s Eighth Amendment jurisprudence, followed by a discussion of areas where the Court has allowed defendants to waive Eighth Amendment protections in various contexts. Then, the Article discusses court decisions that have addressed whether one may waive Eighth Amendment protections by choosing a cruel and unusual punishment. Generally, this issue has arisen in three contexts: (1) where defendants are given the punishment option of banishment; (2) where sex offenders are given the punishment option of castration; and (3) where capital defendants are given an execution method option that violates the constitution. The Article explains that at least in the context of punishment type, a defendant’s choice should not waive Eighth Amendment protections. First, the ban on cruel and unusual punishments is a right that differs significantly from other constitutional criminal rights because it serves a broad societal purpose. Second, the waiver of this right differs from the waiver of other criminal rights because such waivers do not benefit the individual or society. Finally, to allow such waivers would strip the Eighth Amendment of meaning by permitting legislatures to create any punishment options it desired. Therefore, the Article concludes that the Eighth Amendment ban on cruel and unusual punishments cannot be waived by an individual.
- Document type Article
- Countries list United States
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment,
Document(s)
Northwestern Death Penalty Project
By Northwestern University Centre on Wrongful Convictions, on 1 January 1998
1998
Working with...
More details See the document
The Center on Wrongful Convictions is dedicated to identifying and rectifying wrongful convictions and other serious miscarriages of justice. The Center has three components: representation, research, and community services. Center faculty, staff, cooperating outside attorneys, and Bluhm Legal Clinic students investigate possible wrongful convictions and represent imprisoned clients with claims of actual innocence. The research component focuses on identifying systemic problems in the criminal justice system and, together with the community services component, on developing initiatives designed to raise public awareness of the prevalence, causes, and social costs of wrongful convictions and promote reform of the criminal justice system. In addition, the community services component helps exonerated former prisoners cope with the difficult process of reintegration into free society.
- Document type Working with...
- Themes list Networks,
Document(s)
Staying Alive: Executive Clemency, Equal Protection, and the Politics of Gender in Women’s Capital Cases
By Elizabeth Rapaport / Buffalo Criminal Law Review, on 1 January 2001
2001
Article
United States
More details See the document
In this Article, I will review the matrix in which executive decisions in women’s capital clemency cases are made, a matrix supplied by modern equal protection law, the nature and scope of the clemency power, gender politics, and contemporary death row. I will then conduct two thought experiments. Each invented case tests the relevance of gender in legally and politically acceptable contemporary clemency decisions. The goal is to understand the politics and law of granting or denying that very rare boon-commutation of sentence – to a female death row prisoner. The exercise offers support for two conclusions. In the age of formal equality, women cannot be granted clemency simply because they are women. The rhetoric of chivalry is untenable for the contemporary executive. A governor who is courageous and rhetorically skillful, however, can sometimes successfully defend the commutation of the death sentence of a woman as a proper use of the power to grant mercy, done for her sake, the class she exemplifies, the conscience of the governor, and the public.
- Document type Article
- Countries list United States
- Themes list Women, Clemency,
Document(s)
Infographic: Death Penalty in California
By California Innocence Project, on 1 January 2013
2013
Lobbying
More details See the document
The death penalty in the state of California continues to be a major focus, due in part to the burden it places on tax payers. Our goal with this infographic was to examine the facts, and the facts alone. Even though Proposition 34 did not pass in the most recent election, this issue will continue to be argued and remain a pressing issue, especially during difficult economic times.
- Document type Lobbying
- Themes list Minorities, International law, Public debate,
Document(s)
Death Penalty Trends in Asia Have Possible Implications for China
By Dui Hua Human Rights Journal , on 1 January 2011
2011
Article
More details See the document
This article analyses the latest controversy over the use of the death penalty that erupted not in mainland China but across the strait in Taiwan. In January, the defense ministry there was forced to issue a public apology for a wrongful execution in 1997, followed in early March by the execution of five prisoners without notifying their families.
- Document type Article
- Themes list Networks,
Document(s)
Affront to Justice: Death Penalty in Saudi Arabia
By Amnesty International, on 1 January 2008
2008
NGO report
arMore details See the document
Amnesty International has been documenting the Saudi Arabian authorities’ extensive use of the death penalty for over a quarter of a century. This report is the latest evaluation, made in light of the legal, judicial and human rights changes that have been introduced in recent years in the country. The report details cases of death row prisoners on whose behalf Amnesty International has campaigned. It also includes testimonies of former detainees, some of whom have been under sentence of death.
- Document type NGO report
- Themes list Beheading,
- Available languages صفعة في وجه العدالة:عقوبة الإعدام في المملكة العربية السعودية
maping-women-death-penalty-fr
on 8 September 2023
2023
maping-women-death-penalty
on 8 September 2023
Document(s)
Detailed Factsheet on Death Penalty and Poverty
By World Coalition Against the Death Penalty, on 1 January 2017
2017
Multimedia content
frMore details Download [ pdf - 612 Ko ]
Detailed information on the death penalty and poverty.
- Document type Multimedia content
- Themes list World Coalition Against the Death Penalty, Death Penalty,
- Available languages Fiche détaillée sur la peine de mort et la pauvreté
Member(s)
REPRODEVH-Niger
on 30 April 2020
Created in 2011 by young people and structures concerned with defending human rights, the Progress and Humanitarian Development Network of Niger is a collective of NGOs/ADs whose aim is to defend democracy and good governance, through the promotion of health, education, human dignity for all, the fight against the death penalty, torture and all related […]
2020
Niger
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 Death Penlty In 2011: Year End Report
By Death Penalty Information Center / Richard C. Dieter, on 1 January 2011
2011
International law - Regional body
More details See the document
The number of new death sentences dropped dramatically in 2011, falling below 100 for the first time in the modern era of capital punishment. Executions also continued decline, while developments in a variety of states illustrated the growing discomfort that many Americans have with the death penalty.
- Document type International law - Regional body
- Themes list Trend Towards Abolition,
Document(s)
Cameroun: NGO Report on the Implementation of the ICCPR
By Gender Empowerment and Development / Association de Lutte contre les Violences faites aux Femmes / Centre for Civil and Political Rights / Solidarité Pour la Promotion des Droits de l’Homme et des Peuples / Association pour la défense de l’homosexualité / Syndicat National des Journalistes du Cameroun, on 1 January 2010
2010
NGO report
frMore details See the document
Cameroon, with a population of approximately 18 million, has a multiparty system of government, with the current ruling party Cameroon People’s Democratic Movement (CPDM) in power since it was created in 1985. The president retains the power to control legislation or to rule by decree. Although the civilian authorities do generally maintain effective control of the security forces, security forces sometimes act independently of government authority. Authorities arbitrarily arrest and detain citizens for different reasons. Among those arbitrarily arrested and detained are human rights defenders and other activists and persons not carrying government-issued identity cards. There are incidents of prolonged and sometimes incommunicado pretrial detention and infringement on privacy rights. The government restricts freedom of speech, press, assembly, and association, and harasses journalists and human rights defenders. Other problems include widespread official corruption, societal violence, discrimination against women, the trafficking of children and girls, and discrimination against homosexuals. The government restricts worker rights and activities of independent labor organizations. The diverse cultural beliefs and ethnic groups promote to a large extend discrimination against and violations of women and young people, widows and the divorced. This report specifically highlights violations in 2008 and 2009, with a few violations in other years.
- Document type NGO report
- Themes list Networks,
- Available languages Cameroun: Rapport de la société civile sur la mise en oeuvre du PIDCP
Document(s)
The Deprived: Innocent On Death Row
By Steffen Hou / BookBaby, on 1 January 2019
2019
Book
United States
More details See the document
The book describes how thousands of Americans are convicted of crimes they never committed. Many of them end up on death row where inmates have been executed despite their innocence. ‘The Deprived’ is based on interviews with 10 Americans who have all been affected by wrongful convictions and the death penalty. The book also describes what leads to wrongful convictions in America and who’s most likely to be convicted of a crime they never committed.
- Document type Book
- Countries list United States
- Themes list Innocence, World Coalition Against the Death Penalty,
Document(s)
In the Executioner’s Shadow
By Maggie Burnette Stogner, on 8 September 2020
2020
Multimedia content
United States
More details See the document
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,
Document(s)
THE MOST IMPORTANT FACTS OF 2006 (and the first seven months of 2007)
By HANDS OFF CAIN, on 1 January 2007
2007
NGO report
enMore details See the document
The worldwide situation to date: The worldwide trend towards abolition, underway for at least a decade, was again confirmed in 2006 and the first six months of 2007. There are currently 146 countries and territories that to different extents have decided to renounce the death penalty. Of these, 93 are totally abolitionist, 9 are abolitionist for ordinary crimes, 1 (Russia) is committed to abolishing the death penalty as a member of the Council of Europe and currently observes a moratorium on executions, 4 have a moratorium on executions in place and 39 are de facto abolitionist (i.e. – no executions have taken place in the last ten years).
- Document type NGO report
- Themes list Statistics,
- Available languages Italian : SINTESI DEI FATTI PIU' IMPORTANTI DEL 2006 (e dei primi sette mesi del 2007)
Document(s)
THE MOST IMPORTANT FACTS OF 2009 (and the first six months of 2010)
By HANDS OFF CAIN, on 8 September 2020
2020
NGO report
enMore details See the document
THE SITUATION TODAY The worldwide trend towards abolition, underway for more than ten years, was again confirmed in 2009 and the first six months of 2010. There are currently 154 countries and territories that, to different extents, have decided to renounce the death penalty. Of these: 96 are totally abolitionist; 8 are abolitionist for ordinary crimes; 6 have a moratorium on executions in place and 44 are de facto abolitionist (i.e. countries that have not carried out any executions for at least 10 years or countries which have binding obligations not to use the death penalty).
- Document type NGO report
- Themes list Statistics,
- Available languages Italian : I FATTI PIÙ IMPORTANTI DEL 2009 (E DEI PRIMI SEI MESI DEL 2010)
Document(s)
The State of Criminal Justice 2011
By American Bar Association / Ronald Tabak, on 1 January 2011
2011
NGO report
More details See the document
The State of Criminal Justice 2011 contains a chapter on death penalty by Ronald Tabak (Ch. 19). Tabak explores legislative changes, the declining use of the death penalty, important Supreme Court decisions and the adequacy of representation.
- Document type NGO report
Document(s)
Justice Project Pakistan Death Penalty Database
By Justice Project Pakistan, on 1 January 2019
2019
Multimedia content
Pakistan
enMore details See the document
n the course of its advocacy and litigation work, JPP has developed a substantial collection of data sets on death row. With technical support from HURIDOCS, it has now developed open source data sets based on existing research on death row and on age determination under the Juvenile Justice Systems Ordinance. This project marks the beginning of the process of making the information publicly available, allowing the public and academic institutions to generate their own findings and base their campaigns on verified data.
- Document type Multimedia content
- Countries list Pakistan
- Themes list Statistics,
- Available languages Urdu : جسٹس پراجیکٹ پاکستان کا ڈیٹا بیس
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)
California’s Death Penalty is Dead
By Natasha Minsker / American Civil Liberties Union / Miriam Gerace / Ana Zamora, on 1 January 2011
2011
NGO report
More details See the document
California’s death penalty is dead. Prosecutors, legislators and taxpayers are turning to permanent imprisonment with no chance of parole as evidence grows that the system is costly, risky, and dangerous to public safety.
- Document type NGO report
- Themes list Trend Towards Abolition,
Document(s)
Iran/death penalty: A state terror policy
By International Federation for Human Rights (FIDH) / Antoine Bernard, on 1 January 2009
2009
NGO report
enMore details See the document
As momentum is gathering across the world towards abolition of capital punishment, Iran ranks second for number of executions, after China, and first for per capita executions. Unfair trials, execution of juveniles, targeting of ethnic and religious minorities… the death penalty is applied in blatant violation of Iran’s obligations under international human rights law. A very wide range of offences (including economic, drug-related, so-called sexual offences, apostasy…) carry the death penalty and the methods of execution (public hangings, stoning…)amount to the most inhuman and degrading treatment.
- Document type NGO report
- Themes list Minorities, Fair Trial, Country/Regional profiles,
- Available languages ایران: مجازات اعدام - سیاست دولتی ایجاد وحشت
Document(s)
Report by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak – MISSION TO MONGOLIA
By United Nations / Manfred Nowak, on 8 September 2020
2020
NGO report
Mongolia
rufrzh-hantesarMore details See the document
The Special Rapporteur is also deeply concerned about all the circumstances surrounding the death penalty in Mongolia, especially the total secrecy. Despite repeated requests to the highest authorities of the Government, as well as prosecutors and the judiciary, the Special Rapporteur was not provided with any official information. Concern was expressed that not even the families of the condemned persons are notified of the exact date or place of execution and do not receive their mortal remains for burial, which amounts to inhuman treatment of the family, contrary to article 7 of the Covenant. Moreover, prisoners on death row at the Gants Hudag and Zuunmod detention centres are held in complete isolation, handcuffed and shackled, and denied adequate food. These conditions constitute additional punishments which can only be qualified as torture as defined in article 1 of the Convention.
- Document type NGO report
- Countries list Mongolia
- Available languages Доклад Cпециального докладчика по вопросу о пытках и других жестоких, бесчеловечных или унижающих достоинство видах обращения и наказания Манфреда Новака - МИССИЯ В МОНГОЛИЮRapport du Rapporteur spécial sur la torture et autres peines ou traitements cruels, inhumains ou dégradants, M. Manfred Nowak - MISSION EN MONGOLIE酷刑和其他残忍、不人道或有辱人格的待遇或处罚问题 特别报告员曼弗雷德·诺瓦克的报告 - 对蒙古的访问Informe del Relator Especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes, Manfred Nowak - MISIÓN A MONGOLIAمن وغيره التعذيب بمسألة المعني الخاص المقرر نواك، منفرد السيد تقرير المهينة أو اللاإنسانية أو القاسية العقوبة أو المعاملة ضروب - منغوليا إلى البعثة
women-and-death-penalty-in-kenya
on 8 March 2024
2024
EN-Death_Penalty_Manual_-_final_copy_01_16_13-1.pdf
on 8 September 2020
2020
report-death-penalty-iran-2021-FR
on 10 June 2022
2022
FR_Death_Penalty_Manual-05_06_13-1.pdf
on 8 September 2020
2020