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The International Library of Essays on Capital Punishment, Volume 2 : Abolition and Alternatives to Capital Punishment

on 8 September 2020


2020


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The essays selected for this volume develop conventional abolition discourse and explore the conceptual framework through which abolition is understood and posited. Of particular interest is the attention given to an integral but often forgotten element of the abolition debate: alternatives to capital punishment. The volume also provides an account of strategies employed by the abolition community which challenges tired methodologies and offers a level of transparency previously unseen. This collection tackles complex but fundamental components of the capital punishment debate using empirical data and expert observations and is essential reading for those wishing to comprehend the fundamental issues which underpin capital punishment discourse.

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The International Library of Essays on Capital Punishment, Volume 3 : Policy and Governance

on 8 September 2020



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This volume provides analyses of a range of subjects and issues in the death penalty debate, from medicine to the media. The essays address in particular the personal complexities of those involved, a fundamental part of the subject usually overridden by the theoretical and legal aspects of the debate. The unique personal vantage offered by this volume makes it essential reading for anyone interested in going beyond the removed theoretical understanding of the death penalty, to better comprehending its fundamental humanity. Additionally, the international range of the analysis, enabling disaggregation of country specific motivations, ensures the complexities of the death penalty are also considered from a global perspective.

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Closing the Slaughterhouse

on 8 December 2022


2022


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On July 1, 2021, Virginia ended a 413-year tradition by abolishing the death penalty.
Many of those convicted from 1608 to 2017 deserved harsh punishment – but Virginia took harsh to a whole new level with its “finality over fairness” philosophy. Four hundred years of her racist, mob-driven capital punishment system ensnared many innocent and undeserving victims under the toxic guises of protecting white citizens or being “tough on crime.” So many of those killed by the state died with their guilt or innocence lost to history.
Virginia leads the nation with 1,390 executions. After a 1976 Supreme Court decision, Virginia institutionalized and streamlined the parade to the death chamber more efficiently than any other state, executing between 1976 and 2017 a breathtaking 73 percent of all who received death sentences. The national average is 16 percent.

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Peculiar Institution: America’s Death Penalty in an Age of Abolition

on 8 September 2020


2020


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This book offers a fresh perspective on why the death penalty endures in the United States when so many other countries in the Western world have already abolished it. The book seeks to understand the persistence of the death penalty in the U.S. as a social fact, using sociological, historical and legal analyses to explain the unique and peculiar manner in which the death penalty is applied. Garland concludes that the death penalty has survived in the United States because it is deeply connected to the fundamentally American institutions of local autonomy and popular democracy.

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Death Penalty: The Political Foundations of the Global Trend Towards Abolition

on 1 January 2008


2008


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The death penalty is like no other punishment. Its continued existence in many countries of the world creates political tensions within these countries and between governments of retentionist and abolitionist countries. After the Second World War, more and more countries have abolished the death penalty. This article argues that the major determinants of this global trend towards abolition are political, a claim which receives support in a quantitative cross-national analysis from 1950 to 2002. Democracy, democratisation, international political pressure on retentionist countries and peer group effects in relatively abolitionist regions all raise the likelihood of abolition. There is also a partisan effect, as abolition becomes more likely if the chief executive’s party is left wing-oriented. Cultural, social and economic determinants receive only limited support. The global trend towards abolition will go on if democracy continues to spread around the world and abolitionist countries stand by their commitment to press for abolition all over the world.

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Little Furmans Everywhere: State Court Intervention and the Decline of the American Death Penalty

on 1 September 2022


2022


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This article retraces the evolution and recent decline of death peanlty in the United States, notablt through state court interventions. These dynamics between judicial and political action illuminate the importance of state court intervention in the story of the American death penalty’s precipitous decline, which has tended to foreground other institutional actors and to neglect the complex interactions among branches of government. State judicial rulings, though often highly technical and, therefore, less visible and accessible to the public, have been a pervasive and powerful force in the two-decade-long diminution of the practice of capital punishment across the United States.

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The question of the death penalty: Report of the Secretary-General

on 1 January 2006


2006


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The present report contains information covering developments during 2006. The report indicates that the trend towards abolition of the death penalty continues. This is illustrated, inter alia, by the increase in the number of countries that have abolished the death penalty and by the increase in ratifications of international instruments that provide for the abolition of this form of punishment.

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Death sentences and executions in 2009

on 1 January 2010


2010


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This document summarizes Amnesty International’s global research on the use of the death penalty in 2009. More than two-thirds of the countries of the world have abolished the death penalty in law or in practice. While 58 countries retained the death penalty in 2009, most did not use it. Eighteen countries were known to have carried out executions, killing a total of 714 people; however, this figure does not include the thousands of executions that were likely to have taken place in China, which again refused to divulge figures on its use of the death penalty. For an update to this document please see http://www.amnesty.org/en/library/info/ACT50/005/2010/en

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

on 1 January 2005


2005


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The present report, prepared pursuant to Economic and Social Council resolutions 1754 (LIV) of 16 May 1973 and 1995/57 of 28 July 1995, and Council decision 2005/247 of 22 July 2005, is the eighth quinquennial report of the Secretary-General on capital punishment. It covers the period 2004-2008 and reviews developments in the use of capital punishment. The report confirms a very marked trend towards abolition and restriction of the use of capital punishment in most countries. The rate at which States that retained the death penalty at the start of the quinquennium have abolished its use either in law or in practice is comparable with that of previous reporting periods, and may even be accelerating slightly. Moreover, countries that retain the death penalty are, with rare exceptions, significantly reducing its use in terms of numbers of persons executed and the crimes for which it may be imposed. Nevertheless, where capital punishment remains in force, there are serious problems with regard to the respect of international norms and standards, notably in the limitation of the death penalty to the most serious crimes, the exclusion of juvenile offenders from its scope, and guarantees of a fair trial.

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Moratorium on the use of the death penalty. Report of the Secretary-General (2008)

on 8 September 2020


2020


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The present report surveys respect for the rights of those sentenced to death as set out in the international human rights treaties and the guidelines established by the Economic and Social Council in 1984. Drawing on contributions of Member States, the report surveys various motivations for establishing a moratorium on or abolishing the death penalty, as well as those for retaining the death penalty. It also includes up-to-date statistical information on the worldwide use of the death penalty, including moratoriums established in States that have not abolished this form of punishment, together with relevant developments since the sixty-second session of the General Assembly. The report concludes by confirming the global trend towards abolition of the death penalty, the important role played by moratoriums in those States that seek to abolish it and possibilities for further work on the issue.

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Portuguese : Faça ouvir A sua voz na União Europeia!

on 8 September 2020



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Facultando informações talhadas à medida sobre as instituições comunitárias ou sobre o modo de funcionamento das ONG europeias, fornecendo igualmente conselhos sobre a actividade de lobbying, este manual de formação, ilustrado com exemplos de campanhas realizadas ao nível europeu, foi elaborado com a intenção de servir as ONG e as(os) activistas que começaram agora a preocupar-se com a definição e a afirmação da sua própria estratégia europeia.

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Portuguese : A PENA DE MORTE NA LEGISLAÇÃO CRIMINAL COMUM DO BRASIL -O CASO MOTTACOQUEIRO E SUA REPERCUSSÃO

on 8 September 2020



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Este artigo trata da pena de morte dentro da legislação criminal brasileira, analisando algumas sanções impostas no período colonial, por meio do Livro V das Ordenações Filipinas, bem como da legislação pertinente no Brasil Império, pelo Código Criminal de 1830 e suas reformas de 1832 e 1835. Por fim, discorre sobre o processo Motta Coqueiro e sua repercussão na sociedade, após decisão condenatória do réu, posteriormente provado inocente, com o intuito de acabar com este tipo de penalidade no Brasil.

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Legal Lynching: The Death Penalty and America’s Future

on 8 September 2020



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In this collaborative work, the Jacksons, father (former presidential candidate and founder of the Rainbow Coalition) and son (a congressional representative) with Salon.com editor Shapiro, pursue a nationwide conversation on the issues surrounding the death penalty one that begins with the proposal of a moratorium and could lead to the eventual cessation of capital punishment. This book describes a bureaucratic nightmare involving defense lawyers asleep at trial, vengeance-hungry politicos and a problematic, imperfect justice system in which the handing out of death sentences is skewed, both racially and economically. An objective examination of this penal system would be beneficial to all, say the authors: since the Supreme Court allowed executions to resume in 1976, one in every eight prisoners on death row has been found innocent and released. There are undoubtedly cases, the authors argue, where the proof of innocence didn’t see the light of day in time. Navigating the historical precedents of the death penalty and the reasons why federally mandated executions were restored following a 10-year moratorium imposed in 1967, the authors thoroughly detail legitimate questions regarding what they view as erroneous deterrence theories, scriptural misrepresentation and simple vengeance.

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FACTS AND FIGURES LGBTQIA+ People and the Death Penalty – 21st World Day Against the Death Penalty

on 15 August 2023


2023


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Death Penalty India Report – Volume 2

on 8 September 2020


2020


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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 custody
7) Trial and appeals
8) Living on death row
9) Seeking mercy
10) Impact

Link to Volume 1: http://www.worldcoalition.org/resourcecentre/document/id/1462890615

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Death Penalty India Report – Volume 1

on 8 September 2020



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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:
1) Coverage of the project
2) Durations on death row
3) Nature of crimes
4) Socio-economic profile
5) Legal assistance

Link to Volume 2: http://www.worldcoalition.org/resourcecentre/document/id/1463669874

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Ghosts of Executions Past: A Case Study of Executions in South Carolina in the Pre-Furman Era

on 1 September 2022


2022


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The protracted and (somewhat) ongoing debate over whether lethal injection—in some or all of its forms—is cruel and unusual punishment under the Eighth Amendment is the newest variation on the question of whether a particular form of capital punishment is inhumane and cruel. The history of capital punishment in the United States over the last two centuries has been punctuated by attempts to find less painful and gruesome ways to kill persons society has condemned to die. Ironically, at least from a historical perspective, some recent executions have seen condemned inmates or their attorneys elect some of the older methods, i.e., electrocution, or offer, as a potentially less painful alternative, the firing squad or death by lethal gas. And some states, including the main subject of this article, have resurrected electrocution and the firing squad because of a claimed inability or difficulty in obtaining execution drugs. In this article, the authors trace the history of execution methods in the pre-modern era of capital punishment (before 1972), primarily in South Carolina, pointing out the often-intractable problems with their implementation process (including specific “botches”), and then address other aspects of executions that have relevance to the current debate about the wisdom and efficacy of retaining the “modern” American death penalty in the twenty-first century.

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MVFHR 飄洋過海來看你:看見被害人 20100704 台北信義誠品

on 1 January 2011


2011


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這部短片是2010年美國被害人團體來台的報導(很抱歉,晚了一年才整理出來),今年,MVFHR將再度來台,並且也邀請日本的被害人團體一起在台灣巡迴演講「夜照亮了夜­:身為被害人」(http://www.taedp.org.tw/index.php?load=read&id=964)

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Death Penalty For Drug Offences: Global Overview 2020

on 4 May 2021


2021


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Harm Reduction International has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007.

This report, our tenth on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international law.

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Q&A: The Death Penalty and Drug Offenses

on 8 September 2020


2020


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This Q&A was prepared by Harm Reduction International (www.ihra.net), the International Drug PolicyConsortium (www.idpc.net) and the World Coalition Against the Death Penalty (www.worldcoalition.org) aheadof World Day against the Death Penalty on 10 October 2015.

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Seven Winters in Teheran

on 24 March 2023


2023


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In the summer of 2007, an older man approaches Reyhaneh Jabbari and asks the architecture student who has a side job as an interior decorator for her help in the design of offices. During the site inspection, he tries to rape her. Reyhaneh stabs him in self-defence. She is arrested for murder and sentenced to death. Reyhaneh was to spend the next seven years in prison while her family hired lawyers and made the public aware of the case. However, in spite of the efforts of national and international politicians and human rights organisations, the Iranian judiciary continued to cite the “right of blood-revenge”. This meant that, as long as Reyhaneh did not withdraw her accusations against the man, his family could demand her death. Reyhaneh stuck to her testimony and was hanged at the age of 26.
In her moving and shockingly topical documentary debut, director Steffi Niederzoll uses among other things original audio and visual material that was smuggled out of Iran. This film, in which Holy Spider actor Zar Amir Ebrahimi lends Reyhaneh her voice, makes visible the injustice in Iranian society and portrays an involuntary heroine who gave her life in the fight for women’s rights.

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Initiatives World Day 2004

on 10 October 2004


2004


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Initiatives World Day 2004

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Annual Report on the Death Penalty in Iran 2022

on 13 April 2023


2023


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The 15th Annual Report on the Death Penalty in Iran, by Iran Human Rights and ECPM reveals the highest annual number of executions since 2015. At least 582 people were executed, an increase of 75% compared to 2021. In 2022, Iran’s authorities demonstrated how crucial the death penalty is to instil societal fear in order to hold onto power.

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Italian Poster 2005

on 10 October 2005


2005


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Italian Poster 2005

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Responsible Business Engagement on the Death Penalty. A Practical Guide

on 1 January 2019


2019


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Business engagement in the death penalty is critical because of the impact it can have. Putsimply: the power is in your hands. If your business is looking for a human rights issue whereit can achieve measurable change, advocacy on the death penalty must be considered.Global support for the death penalty is declining. Meanwhile, competition for investment isfierce. Governments and the public at large care more about job creation and a healthy economythan a system of executions. Therefore, the voices of businesses and business leaders havea huge role to play in shaping public dialogue about whether to keep – or end – the use ofcapital punishment.

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Reducing Facial Stereotype Bias in Consequential Social Judgments: Intervention Success With White Male Faces

on 25 January 2024


2024


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Published on December 18, 2023.

Initial impressions of others based on facial appearances are often inaccurate yet can lead to dire outcomes. Across four studies, adult participants underwent a counterstereotype training to reduce their reliance on facial appearance in consequential social judgments of White male faces. In Studies 1 and 2, trustworthiness and sentencing judgments among control participants predicted whether real-world inmates were sentenced to death versus life in prison, but these relationships were diminished among trained participants. In Study 3, a sequential priming paradigm demonstrated that the training was able to abolish the relationship between even automatically and implicitly perceived trustworthiness and the inmates’ life-or-death sentences. Study 4 extended these results to realistic decision-making, showing that training reduced the impact of facial trustworthiness on sentencing decisions even in the presence of decision-relevant information. Overall, our findings suggest that a counterstereotype intervention can mitigate the potentially harmful effects of relying on facial appearance in consequential social judgments.

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Death sentences and executions 2020

on 26 May 2021


2021


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This report covers the judicial use of the death penalty for the period January to December 2020. As in previous years, information is collected from a variety of sources, including:
– official figures;
– judgements;
– information from individuals sentenced to death and their families and representatives;
– media reports;
– and, for a limited number of countries, other civil society organizations.

Amnesty International reports only on executions, death sentences and other aspects of the use of the death penalty, , such as commutations and exonerations, where there is reasonable confirmation. In many countries governments do not publish information on their use of the death penalty. In China and Viet Nam, data on the use of the death penalty is classified as a state secret. During 2020 little or no information was available on some countries – in particular Laos and North Korea (Democratic People’s Republic of Korea) – due to restrictive state practice.

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The politics of capital punishment for foreign nationals in Iran

on 5 February 2024


2024


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Published in December 2023.

This paper seeks to map the political economy of capital punishment in Iran, in particular in relation to dual and foreign nationals, and examines its external and internal functions. The external functions include suppressing the ‘cultural threat’ of cross-border drug trafficking, achieving more power in sanctions negotiations, seeking reciprocal prisoner swaps or demanding recompense for outstanding multinational debt. The internal functions include quashing protests against the regime, supressing separatist movements, or even just ‘otherness’. It is evident that those facing disadvantage across foreign national and intersectional lines face the death penalty disproportionately. In addition, although only representing a fraction of the overall population of death row, the arbitrary detention of dual nationals has a disproportionate political function.

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Add Resources and Apply Them Systemically: Governments’ Responsibilities Under the Revised ABA Capital Defense Representation Guidelines

on 1 January 2003


2003


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The mainstream legal community, including the ABA, has long understood the importance of system-building, but the revised Guidelines state the point especially forcefully. In articulating “the current consensus about what is required to provide effective defense representation in capital cases,” they set high performance standards not just for lawyers, but for death penalty jurisdictions. As the problems are systemic, it is “imperative” that the solutions be.The Guidelines accordingly not only call on governments to deliver capital defense resources that are sufficient in amount, but also furnish the states with a user-friendly blueprint for using those resources wisely to create structures that will function well in the present and evolve effectively over time. This mandate for institution-building is welcome, and the states should lead it. Indeed, they must do so if the Guidelines are to achieve their ameliorative purposes and avoid becoming just a collection of lofty aspirations “‘that palter with us in a double sense, that keep the word of promise to our ear, and break it to our hope”.

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Isolation and desolation conditions of detention of people sentenced to death Malaysia

on 27 May 2021


2021


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Isolation and Desolation – Conditions of Detention of People Sentenced to Death in Malaysia is the first ever fact-finding mission report on the conditions of detention of death row prisoners in Malaysia.

It examines the use of death penalty in Malaysia as well as the actual situation of people on death row.

This report is not meant to point fingers but rather to put the facts on the table in a transparent manner and work from there. It is mainly an advocacy tool for all abolitionist stakeholders, from civil society actors to the parliamentarians who will keep fighting for the abolition of the death penalty.

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ISOLATION AND DESOLATION CONDITIONS OF DETENTION OF PEOPLE SENTENCED TO DEATH MALAYSIA – Bahasa Melayu

on 27 May 2021



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Isolation and Desolation – Conditions of Detention of People Sentenced to Death in Malaysia is the first ever fact-finding mission report on the conditions of detention of death row prisoners in Malaysia.

It examines the use of death penalty in Malaysia as well as the actual situation of people on death row.

This report is not meant to point fingers but rather to put the facts on the table in a transparent manner and work from there. It is mainly an advocacy tool for all abolitionist stakeholders, from civil society actors to the parliamentarians who will keep fighting for the abolition of the death penalty.

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Isolation and Desolation – Conditions of Detention of People Sentenced to Death di Malaysia adalah satu-satunya laporan berasaskan misi mengkaji fakta (fact-finding mission) mengenai keadaan-keadaan penahanan bagi banduan-banduan hukuman mati di Malaysia.

Laporan ini mengkaji pelaksanaan hukuman mati di Malaysia dan juga keadaan sebenar orang-orang yang dijatuhkan hukuman mati.

Laporan ini bukan bertujuan untuk menunding jari terhadap mana-mana pihak, tetapi bertujuan untuk memberi pencerahan kepada fakta-fakta yang ditemui dan berusaha ke atasnya. Laporan ini bertujuan utama sebagai alat advokasi kepada semua pihak yang mempunyai kepentingan dalam pemansuhan, bermula dari ahli persatuan kemasyarakatan sehingga ahli parlimen yang akan berusaha berterusan untuk memansuhkan hukuman mati.

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Myths and Facts about the Death Penalty

on 1 January 2009


2009


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8 Myths about the death penalty are explored in this text: 1. the death penalty is needed to keep society safe, 2. the death penalty is applied fairly, 3. the death penalty is used worldwide, 4. the death penalty deters crime, 5. execution is cheaper than permanent imprisonment, 6. the death penalty offers justice to victims’ families, 7. only the truly guilty get the death penalty, 8. religious teachings support the death penalty.

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International Network of Academics Against the Death Penalty

on 8 September 2020


2020


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It is of the utmost importance, in the short and medium-term, to develop an intense work of academically nature both of study and disclosure of the problems of the abolition of the death penalty in the international scenario, to complement and help the work of the diplomatic action and non-governmental organizations. To this effect it is proposed to keep REPECAP as an ever – growing scientific world network comprising academic law scholars, human rights centers, institutions of public law and Ngos, with expertise and skill in the problems of death penalty and interests in the field of international criminal justice, as well as young researchers who have been dealing with these topics or wish to get involved with the subject, regardless of nationality or locations.

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Strengthening death penalty standards

on 1 January 2015


2015


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Where the death penalty is applied, international law, jurisprudence and practice require that certain minimum standards are applied. The standards include international and regional treaties that are legally binding on states that have ratified them, customary international law that is binding on all states without exception, and non-binding standards and resolutions that nonetheless command the support of the majority of states. International understanding of these minimum standards has continued to evolve in the years since they were drafted, but the documents themselves do not always keep pace. This paper brings together international, regional and national standards, the most recent understandings of relevant experts and appropriate insights from other connected disciplines. It explores possible ways in which international minimum standards could be further strengthened at this time, whether through ECOSOC, the UN Human Rights Council, the UN Commission on Crime Prevention and Criminal Justice, regional bodies or national amendments to laws and policies. In each section, the issue and current practice is described, followed by examples of good practice or suggestions for improvement, finishing with a short list of recommendations for strengthening existing standards. These issues and recommendations are not final, but are intended to provide a point from which discussion can begin.

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Death penalty – Beyond abolition

on 8 September 2020


2020


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Europe is today the only region in the world where the death penalty has been almost completely abolished. In the Council of Europe’s 45 member states, including the European Union’s 15 member states and its 13 candidate countries, capital punishment is no longer applied. The Council of Europe played a pioneering role in the battle for abolition, believing that the death penalty has no place in democratic societies under any circumstances. This determination to eradicate the death penalty was reflected in Protocol No.6 to the European Convention on Human Rights, on the abolition of the death penalty in peacetime, which was adopted in April 1983, then in Protocol No.13 on the abolition of the death penalty in all circumstances, adopted in May 2002.Introduced by Roger Hood, an international expert on death penalty legislation, this book reviews the long and sometimes tortuous path to abolition in Europe. It also addresses the tangible problems which countries face once the death penalty has been abolished, and related issues: the situation of murder victims’ families and alternatives to capital punishment, particularly the choice of a substitute sentence.The Council of Europe’s campaign for abolition is currently being pursued beyond Europe’s borders, in those states which have Observer status with the organisation, particularly the United States and Japan: the situation in these countries is discussed here.This publication will be of interest to all those who feel concerned by this issue, particularly members of NGOs, lawyers, officials in departments dealing with legal and criminal affairs, and human rights campaigners.

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10 Steps to Writing a UPR Stakeholder Report

on 1 January 2014


2014


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This four-page document proposes a roadmap for organisations interested in submitting reports to the United Nations’ Universal Periodic Review of Human Rights.

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

on 1 January 2000


2000


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

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The Truth About False Confessions and Advocacy Scholarship

on 1 January 2001


2001


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

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The Last Supper

on 1 January 2013


2013


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

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Adieu to Electrocution

on 1 January 2000


2000


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

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The Death Penalty: A Worldwide Perspective

on 1 January 2014


2014


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

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The death penalty in Egypt: Ten year after the uprising

on 10 August 2021


2021


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Reprieve wrote this report about the use of the death penalty in Egypt.

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Executions, Deterrence and Homicide: A Tale of Two Cities

on 1 January 2009


2009


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

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

on 8 September 2020


2020


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

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Hindi : 17 भारतीयों की अपील पर यूएई करे निष्पक्ष जांच: एमनेस्टी

on 8 September 2020



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युक्त अरब अमीरात में एक पाकिस्तानी नागरिक की हत्या के लिए मौत की सज़ा पाने वाले 17 भारतीयों के मामले में मानवाधिकार संस्था एमनेस्टी इंटरनेशन ने यूएई की कड़ी आलोचना की है. एमनेस्टी ने भारतीयों को कथित तौर पर ‘प्रताड़ित किए जाने और ज़बरदस्ती उनसे अपराध मनवाने’ के बारे में यूएई की आलोचना की है.

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File: Saudi Arabia in the World Day against the Death Penalty, execution of Civil Society

on 1 January 2018


2018


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Saudi Arabia uses the death penalty as an instrument against individuals, society and freedoms. It is used far away from any international laws and frameworks as it is applied sometimes on children. These practices have become an approach that includes numerous violations as well as denial of the right to life, such as arbitrary detention, torture and unfair trials. As the world revives the anti-death penalty day on October 10, the European Saudi organization for Human Rights (ESOHR) illuminates it through its figures, the issues it has documented and the campaigns it has led. Through the articles published ESOHR tries to show the usage of the death penalty by the Saudi government as a mean to achieve its goals and to impose silence.

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Sentenced to oblivion. Fact-finding mission on death row. Cameroon

on 8 September 2020


2020


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The report “Sentenced to oblivion. Fact-finding mission on death row. Cameroon”, which was officially launched on 21 June at the Delegation of the European Union from Yaoundé to Cameroon, is the result of an unprecedented fact-finding mission, conducted from May to October 2018 in five Cameroonian prisons by the Cameroonian Lawyers’ Network against the Death Penalty (Racopem) and the association ECPM (Ensemble contre la peine de mort).

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Who Lives, Who Dies, Who Decides

on 1 January 2012


2012


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The objective of this initiative was to use “the product of art” as a vehicle to educate common people about the history and practice of capital punishment in America and to lift societies consciousness around the idea of endowing a National Death Penalty Museum to preserve its deep history.

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Caught in a Web Treatment of Pakistanis in the Saudi Criminal Justice System

on 8 September 2020


2020


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Report about the treatment of Pakistanis in the Saudi criminal justice system

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The Last Holdouts: Ending the Juvenile Death Penalty in Iran, Saudi Arabia, Sudan, Pakistan, and Yeman

on 1 January 2008


2008


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In this 20-page report, Human Rights Watch documents failures in law and practice that since January 2005 have resulted in 32 executions of juvenile offenders in five countries: Iran (26), Saudi Arabia (2), Sudan (2), Pakistan (1), and Yemen (1). The report also highlights cases of individuals recently executed or facing execution in the five countries, where well over 100 juvenile offenders are currently on death row, awaiting the outcome of a judicial appeal, or in some murder cases, the outcome of negotiations for pardons in exchange for financial compensation

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So Long as They Die: Lethal Injections in the United States

on 1 January 2006


2006


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This 65-page report reveals the slipshod history of executions by lethal injection, using a protocol created three decades ago with no scientific research, nor modern adaptation, and still unchanged today. As the prisoner lies strapped to a gurney, a series of three drugs is injected into his vein by executioners hidden behind a wall. A massive dose of sodium thiopental, an anesthetic, is injected first, followed by pancuronium bromide, which paralyzes voluntary muscles, but leaves the prisoner fully conscious and able to experience pain. A third drug, potassium chloride, quickly causes cardiac arrest, but the drug is so painful that veterinarian guidelines prohibit its use unless a veterinarian first ensures that the pet to be put down is deeply unconscious. No such precaution is taken for prisoners being executed.

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The Death Penalty In Egypt: Theoretical and Practical Study in the Light of Islamic Shariah and International Human Rights Law

on 1 January 2008


2008


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This study addresses the subject of the “death Penalty in Egypt”, which is an applied theoretical study done in light of the principles of the Islamic law and provisions concerning international human rights law. Egyptian Penal Code No. 58/1937 is the modern penal code that still retains the death penalty in spite of its cruelty and strictness and impossibility of reforming its results or amending them. The laws governing the death penalty in Egypt are considered one of the most deterrent penalties at all levels, general and private, that ensures combating crimes and preserving the interests of society, as well as ensuring stability in spite of the presence of an increasing international inclination led by the United Nations and some international NGOs headed by Amnesty International to abolish the Death Penalty given the difficulty to reconcile between this penalty and obligation to respecting human rights.There is no doubt that the intention to study the legislative system of the death penalty in Egypt, with the purpose of the determination of legality of this penalty and the demonstration of the feasibility of its application for society, is difficult without identifying all the roles and functions caused by the death penalty over successive legal ages in Egypt. When the criminal legislator passes new laws that address crimes in Egypt, in his appreciation, to achieve deterrence and for the purpose of combating crime, the legislator does nothing new in society. The work of the legislature work is a product of an interaction between the proposed legislative articles to solve the realistic problems from which society suffers in a historical moment on the one hand, and the cultural, social, religious, legal and political heritage coming to our society from abroad, may play a key role in the determination of the content of the proposed legislative text in the context of the mutual influence between cultures. In this context, this study begins by an introductory chapter entitled “The Historical Origins of the Death Penalty in Egypt” in which we tried to pin the Egyptian penal legislation to its origin by studying the position of death penalty and its evolution in society. By identifying the historical origin of the Death Penalty in Egypt, we then present an objective view on the future of death penalty in Egypt between retention and abolition. —- Please find document at bottom of web page.

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The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes, January 1, 1973 – February 28, 2005

on 8 September 2020


2020


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This is Issue #77, the final issue of these periodic reports, having first been launched on June 15, 1984. On that date, the death penalty for juvenile offenders (defined as those under age 18 at the time of their crimes) was an obscure issue in law as well as in political and social arenas. During the last twenty-one years, these reports have been with us (1) through the intense litigation of the late 1980s, (2) through our society’s near hysteria about violent juvenile crime in the 1990s, (3) into the era of the international pressure on the United States to abandon this practice, and (4) now at the end of this practice. The validity and influence of these reports is indicated by thecitations to them in the opinions of leading courts, including the United States Supreme Court: Roper v. Simmons, 125 S.Ct. 1183, 1192, 1193, 1210, 1211, 1221 (2005); In re Stanford, 537 U.S. 968, 971 (2002); and Stanford v. Kentucky, 492 U.S. 361, 373 (1989). In the litigation leading up to the final juvenile death penalty case before the United States Supreme Court (Roper v. Simmons, 125 S.Ct. 1183 (2005)), the Missouri Supreme Court majority opinion included 12 citations to these reports: See Simmons v. Roper, 112 S.W.3d 397, 408, 409, 411 (Mo. 2003). This final issue of this periodic report is intended to document the status of the death penalty for juvenile offenders as ofthe day before the United States Supreme Court held this practice to be unconstitutional. These reports sketch the characteristics of the juvenile offenders and their crimes who have been sentenced to death, who have been executed, and who are currently under death sentences. —- See bottom left hand corner of web page.

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Crossing the River Styx, The Memoir of a Death Row Chaplain

on 24 March 2023


2023


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The Reverend Russ Ford, who served as the head chaplain on Virginia’s death row for eighteen years, raged against the inequities of the death penalty—now outlawed in Virginia—while ministering to the men condemned to die in the 1980s and 1990s. Ford stood watch with twenty-eight men, sitting with them in the squalid death house during the final days and hours of their lives. In July 1990 he accidentally almost became the 245th person killed by Virginia’s electric chair as he comforted Ricky Boggs in his last moments, a vivid episode that opens this haunting book. Many chaplains get to know the condemned men only in these final moments. Ford, however, spent years working with the men of Virginia’s death row, forging close bonds with the condemned and developing a nuanced understanding of their crimes, their early struggles, and their challenges behind bars. His unusual ministry makes this memoir a unique and compelling read, a moving and unflinching portrait of Virginia’s death row inmates. Revealing the cruelties of the state-sanctioned violence that has until recently prevailed in our backyard, Crossing the River Styx serves as a cautionary tale for those who still support capital punishment.

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Religion and the Death Penalty

on 8 September 2020


2020


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In recent years, a growing number of religious organizations have participated in the nation’s death penalty debate. The purpose of this Web page is to provide access to information regarding the efforts of these faith groups and to highlight recent developments related to religion and the death penalty.

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Death Penalty and Deterrence

on 8 September 2020



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An argument against deterrence is made by looking at a survey which found that during the last 20 years, the homicide rate in states with the death penalty has been 48 to 101 percent higher than in states without the death penalty.

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Death Penalty and Race

on 8 September 2020



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From initial charging decisions to plea bargaining to jury sentencing, African-Americans are treated more harshly when they are defendants, and their lives are accorded less value when they are victims.

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Deterrence and the Death Penalty

on 1 January 2012


2012


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Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious.

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Death Penalty Cost

on 8 September 2020


2020


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This factsheet deals with the cost of the death penalty in the United States using figures from a study conducted by the Californian Commission on the Fair Administration of Justice.

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Death Penalty and Mental Illness

on 1 January 2013


2013


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The execution of those with mental illness or “the insane” is clearly prohibited by international law. Virtually every country in the world prohibits the execution of people with mental illness. This webpage explores international law and the death penalty in relation to the USA.

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Death Penalty and Innocence

on 8 September 2020


2020


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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.

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Death Penalty Trends

on 1 January 2013


2013


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This sheet speaks about the trend towards abolition of the death penalty, aswell as declining public support for it.

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The Death Penalty: The Ultimate Punishment

on 1 January 2008


2008


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Campaigning toolkit published by Amnesty International. A 16-page detailed advocacy document explaining why the abolition of the death penalty is necessary and how the theories behind capital punishment get it wrong.

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Foreign Nationals and the Death Penalty in the US

on 1 January 2013


2013


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New information on foreign nationals facing the death penalty in the U.S. is now available through Mark Warren of Human Rights Research. This DPIC page includes information on 143 foreign citizens from 37 countries on state and federal death rows.

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WMA Resolution to Reaffirm the WMA’s Prohibition of Physician Partecipation in Capital Punishment

on 8 September 2020


2020


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The World Medical Association has strengthened its opposition to capital punishment with a resolution at its recent conference in Bangkok that “physicians will not facilitate the importation or prescription of drugs for execution.”

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Juvenile Offenders Awaiting Execution in Yemen : “Look at Us with a Merciful Eye”

on 1 January 2013


2013


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The 30-page report found that at least 22 individuals have been sentenced to death in Yemen despite evidence that they were under age 18 at the time of their alleged crimes. In the last five years, Yemen has executed at least 15 young men and women who said they were under 18 at the time of their offense.

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Take action on the death penalty

on 8 September 2020


2020


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Two-page guide with tips and contacts for individuals interested in getting started in anti-death penalty activism in the US.

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Human Rights and the Death Penalty

on 1 January 2012


2012


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Four-page introduction to the status of the death penalty in international human rights law and the global trend abolition.

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Death Penalty and Arbitrariness

on 8 September 2020


2020


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This sheet details the factors which contribute to the arbitrariness of the death penalty in the USA.

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THE MOST IMPORTANT FACTS OF 2001

on 1 January 2002


2002


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The year 2001 has confirmed the accelerated trend towards the abolition of the death penalty on course for the past ten years. In 2001 the Federal Republic of Yugoslavia became totally abolitionist, Chile abolished the death penalty for ordinary crimes, Ireland removed all references to the death penalty from its constitution, Burkina Faso joined the group of de facto abolitionists not having carried out any executions for more than ten years, and Lebanon has imposed a moratorium on executions.

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Infographic: the Death Penalty in the Americas

on 1 January 2014


2014


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On the occasion of the International Day against the Death Penalty, the Inter-American Commission on Human Rights (IACHR) urges member States of the Organization of American States (OAS) that retain the death penalty to abolish it, or to impose a moratorium on its application as a step toward abolition, and to ensure full compliance with decisions of the IACHR concerning death penalty cases. While a majority of the member States of the OAS has abolished capital punishment, a substantial minority retains it. The United States is currently the only country in the Western hemisphere to carry out executions.

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Death sentences and executions in 2010

on 1 January 2011


2011


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In the last decade, more than 30 countries have abolished the death penalty in law or practice. Fifty-eight countries worldwide now retain the death penalty for ordinary crimes, and less than half of these carried out executions in 2010. This report analyzes some of the key developments in the worldwide application of the death penalty in 2010, citing figures gathered by Amnesty International on the number of death sentences handed down and executions carried out during the year.

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Pathways to abolition

on 1 January 2016


2016


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This report documents the processes by which 14 jurisdictions abolished the death penalty in law. The conclusions attempt to identify patterns and draw conclusions in the hope that they will provide ideas, insights and inspiration to countries that either already are on their path to abolition or yet have to embark on it.

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Going backwards The death penalty in Southeast Asia

on 1 January 2016



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Over the past year, Southeast Asia has witnessed significant setbacks with regard to the abolitionof the death penalty. Indonesia, Malaysia, and Singapore have all carried out executions. It isunknown whether any executions were carried out in Vietnam, where statistics on the deathpenalty continue to be classified as ‘state secrets.’ In the name of combating drug trafficking,Indonesian President Joko Widodo is rapidly becoming Southeast Asia’s top executioner. ThePhilippines, which effectively abolished the death penalty for all crimes in 2006, is consideringreinstating capital punishment as part of President Rodrigo Duterte’s ill-conceived and disastrous‘war on drugs.’

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Pathways to Justice: Implementing a Fair and Effective Remedy following Abolition of the Mandatory Death Penalty in Kenya

on 1 January 2019


2019


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This report draws on experiences in other jurisdictions where capital sentencing laws have been struck down or abolished, thereby generating the need for prisoners already unlawfully sentenced to death to be given substitute sentences. It delineates the ways in which other common law jurisdictions have addressed the practical and procedural challenges of resentencing following the abolition of the mandatory death penalty – navigating potential human rights infringements and ensuring that satisfactory requirements of due process are met. Resentencing procedures must also be scalable and practically accessible to the large number of individuals (thousands in the case of Kenya) entitled to relief.

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Triggers for the abolition of the death penalty in Africa: a Southern African perspective

on 1 January 2017


2017


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In Africa, more than 80% of countries have abolished the death penalty in law or in practice, with only 10 countries executing within the past decade, said FIDH and DITSHWANELO in their joint study, “Triggers for the abolition of the death penalty in Africa: a Southern African perspective”.The 36 pages study identifies the triggers leading to the abolition of the death penalty in Africa. It was released simultaneously with a documentary called #Gambia has decided which shows the current abolitionist process experienced in The Gambia.

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International Covenant on Civil and Political Rights

on 1 January 1966


1966


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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.

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A Penalty Without Legitimacy: The Mandatory Death Penalty in Trinidad and Tobago

on 1 January 2009


2009


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As a result of legal challenges, and in line with the trend worldwide, the mandatory death penalty has now been abolished in nine Caribbean countries and a discretion to impose a lesser sentence has been given to the judges of the Eastern Caribbean, Belize, Jamaica and the Bahamas. However, in relation to Trinidad & Tobago, in the case of Charles Matthew (Matthew v The State [2005] 1 AC 433), a majority of the Judicial Committee of the Privy Council decided – notwithstanding that the mandatory death penalty was cruel and unusual punishment in violation of entrenched fundamental freedoms and human rights established in the Constitution of Trinidad & Tobago – that it remained protected from constitutional challenge by the operation of the “savings clause” in the Constitution. As a result, Trinidad & Tobago remains one of only three Commonwealth Caribbean countries (Barbados and Guyana being the other two) that still retains the mandatory death penalty.

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SUMMARY OF THE MOST IMPORTANT FACTS OF 2002

on 1 January 2003


2003


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The worldwide situation to date: The practice of the death penalty has drastically diminished in the past few years. Today the countries or territories that have abolished it or decline to apply it number 130. Of these: 78 are totally abolitionist; 14 are abolitionist for ordinary crimes; 2 are committed to abolition as members of the Council of Europe and in the meanwhile observe a moratorium; 6 countries are currently observing a moratorium and 30 are de facto abolitionist, not having executed any death sentences in the past ten years.

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The Death Penalty in the OSCE Area: Background Paper 2019

on 1 January 2019


2019


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Fifty-five (55) OSCE participating States have either completely abolished the death penalty or maintain moratoria on executions as an important first step towards abolition. However, in a global context where discussions focus on the threat of terrorism and a need to be tough on crime, it is perhaps not surprising that the question of reintroducing the death penalty surfaces at times, including in the OSCE region. It is, therefore, a good moment to reflect on the reasons why there is still support for the death penalty, considering the growing understanding that capital punishment is a cruel, inhuman and degrading punishment. Some of the most persistent arguments used to justify the use of the death penalty and its possible reintroduction will be discussed in the report.

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Death penalty developments in 2005

on 1 January 2006


2006


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This document covers significant events concerning the death penalty during the year 2005. Two countries abolished the death penalty for all crimes, bringing to 86 the number of totally abolitionist countries at year end. Moratoria or suspensions of executions were being observed in several countries. At least 2,148 people were executed in 22 countries, and at least 5,186 were sentenced to death in 53 countries. Eight child offenders were executed in Iran. Other sections include significant judicial decisions; the use of the death penalty against child offenders and resumptions of executions.

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West Africa: Time to abolish the death penalty

on 1 January 2003


2003


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This doument summarizes each of the 16 ECOWAS countries’ legislation on the death penalty, provides information on the most recent executions and convictions and notes the view currently taken by the governments concerned. Two thirds have already abolished the death penalty

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The death penalty wordwide: developments in 2004

on 1 January 2005


2005


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This document covers significant events concerning the death penalty during the year 2004. Five countries abolished the death penalty for all crimes, bringing to 84 the number of totally abolitionist countries at year end. Scores of death sentences were commuted in Malawi and Zambia, and moratoria or suspensions of executions were being observed in several other countries. Other subjects covered in this document include significant judicial decisions; the use of the death penalty against the innocent; resumptions of executions; and campaigning activities to promote abolition.

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Anniversary tool – 20th World Day

on 8 July 2022


2022


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Anniversary tool for the 20th World Day Against the Death Penalty.
This tool traces 20 years of struggle for the abolition of the death penalty. Rediscover the different themes addressed and the achievements of the World Day.

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Philippines – Committee on the Elimination of Discrimination Against Women – Death Penalty – June 2022

on 21 July 2022


2022


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The Government of the Philippines has taken commendable steps toward protecting and promoting the rights of women overseas Filipino workers (OFWs), but those workers remain vulnerable to exploitation and abuse, and when they come into conflict with the law in their host countries, their vulnerabilities are compounded by linguistic and legal barriers, as well as judicial systems which fail to account for the gendered context in which they allegedly committed criminal acts. The Government of the Philippines should do more to ensure protection of the rights of these women OFWs, particularly when they are at risk of being sentenced to death.

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The Rise, Fall, and Afterlife of the Death Penalty in the United States

on 1 January 2020


2020


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This review addresses four key issues in the modern (post-1976) era of capital punishment in the United States. First, why has the United States retained the death penalty when all its peer countries (all other developed Western democracies) have abolished it? Second, how should we understand the role of race in shaping the distinctive path of capital punishment in the United States, given our country’s history of race-based slavery and slavery’s intractable legacy of discrimination? Third, what is the significance of the sudden and profound withering of the practice of capital punishment in the past two decades? And, finally, what would abolition of the death penalty in the United States (should it ever occur) mean for the larger criminal justice system?

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The Court is Satisfied with the Confession: Bahrain Death Sentences Follow Torture, Sham Trials

on 10 October 2022


2022


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In a February 2019 letter to the United Nations Office in Geneva, the government of Bahrain claimed that its courts “actually hand down very few death sentences.” In fact, since 2011, courts in Bahrain have sentenced 51 people to death, and the state has executed six since the end of a de facto moratorium on executions in 2017. As of June 2022, 26 men were on death row, and all have exhausted their appeals. Under Bahraini law, King Hamad bin Isa Al Khalifa has the power to ratify these sentences, commute them, or grant pardons.

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Safeguards guaranteeing protection of the rights of those facing the death penalty

on 1 January 1984


1984


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Approved by Economic and Social Council resolution 1984/50 of 25 May 19841. In countries which have not abolished the death penalty, capital punishment may be imposed only for the most serious crimes, it being understood that their scope should not go beyond intentional crimes with lethal or other extremely grave consequences.

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Legislators’ Opinions on the Death Penalty in Taiwan

on 24 March 2022


2022


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In 2021, The Death Penalty Project and the Taiwan Alliance to End the Death Penalty (TAEDP) commissioned Professor Carolyn Hoyle at the University of Oxford and Professor Shiow-duan Hawang at Soochow University, Taipei to carry out a study exploring Taiwanese legislators’ attitudes towards capital punishment.

The study reveals that the majority of Taiwan’s legislators would like to see the death penalty abolished. The risk of wrongful convictions, the abuse of human rights and a recognition that the death penalty has no unique deterrent effect, were the primary reasons cited for supporting abolition. Additionally, a majority of legislators interviewed expressed fairly low levels of trust in the Taiwanese criminal justice system, with doubts raised over its ability to offer adequate safeguards to individuals facing capital trials.

Key findings:

– 61% of legislators interviewed are in favour of abolishing the death penalty
– 39% of legislators interviewed are in favour of retaining the death penalty, but only one legislator was strongly in favour
– 71% of retentionists and 65% of abolitionists asserted that wrongful convictions ‘sometimes’ occurred
– Only 11% of legislators interviewed thought that wrongful convictions ‘rarely’ occur
– All legislators interviewed expressed a preference for social justice measures, such as poverty reduction, over increased executions when asked to rank a range of policies aimed at reducing violent crime

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The Court of Life and Death: The Two Tracks of Constitutional Sentencing Law and the Case for Uniformity.

on 1 January 2008


2008


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This Article argues for the abandonment of the two-track approach to sentencing by the Supreme Court. It finds no support in the Constitution’s text, history, or structure, and the functional arguments given by the Court to support its capital decisions apply with equal force to all other criminal punishments.

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Oleg Alkaev, former head of Belarus’s death row

on 8 September 2020


2020


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Colonel Oleg Alkaev, who was Director of remand prison (SIZO)6 No. 1 in Minsk and ordered a number of executions. He gave this testimony to Amnesty International, a member of the World Coalition Against the Death Penalty.

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Death Penalty Cases: Leading U.S. Supreme Court Cases on Capital Punishment

on 1 January 2010


2010


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This brand new edition of Death Penalty Cases makes the most manageable comprehensive resource on the death penalty even better. It includes the most recent cases, including Kennedy v. Louisiana, prohibiting the death penalty for child rapists, and Baze v. Rees, upholding execution by lethal injection. In addition, all of the cases are now topically organized into five sections: * The Foundational Cases * Death-Eligibility: Which persons/crimes are fit for the death penalty? * The Death Penalty Trial * Post-conviction Review * Execution Issues The introductory essays on the history, administration, and controversies surrounding capital punishment have been thoroughly revised. The statistical appendix has been brought up-to-date, and the statutory appendix has been restructured. For clarity, accuracy, complete impartiality and comprehensiveness, there simply is no better resource on capital punishment available.

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Jeremy Irons talks about the death penalty

on 1 January 2007


2007


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This video features Jeremy Irons who speaks about the death penalty and arguements commonly made for it.

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Of Crimes and Punishment

on 1 January 1764


1764


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This is a highly thought-provoking work where Beccaria-Bonesana has explained his ideas against the use of torture and capital punishments. He has produced a humanitarian spirit in the dispensation of laws. This work is important as the views expressed here, were not regarded either in his times or now.

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Execution Facility Tour of North Carolina Death Row

on 1 January 2010


2010


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This video gives a tour of the death row facilities at North Carolina. It also explores the protocol for execution by lethal injection.

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Killing as Punishment: Reflections on the Death Penalty in America

on 1 January 2004


2004


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Drawing on his encyclopedic knowledge of the field, Bedau addresses topics such as strong public suppport for the death penalty, wrongful convictions, the disappearance of executive clemency, constitutional arguments surronding the Eight Amendment, and procedural reforms under consideration that move toward abolition.

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In the Shadow of Death: Restorative Justice and Death Row Families

on 1 January 2007


2007


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The stories of parents, siblings, children, and cousins chronicled in this book-vividly illustrate the precarious position family members of capital offenders occupy in the criminal justice system. They live in the shadow of death, crushed by trauma, grief, and helplessness. In this penetrating account of guilt and innocence, shame and triumph, devastating loss and ultimate redemption, the voices of these family members add a new dimension to debates about capital punishment and how communities can prevent and address crime.

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Cut This: The Death Penalty

on 1 January 2010


2010


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An anti death penalty video which advocates the abolition of the death penalty. The personalities in the video suggest using the money which is currently used on the death penalty for improving the community.

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America Without the Death Penalty: States Leading the Way

on 1 January 2002


2002


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Twelve states and the District of Columbia do not impose the death penalty. The authors, all sociology professors at American universities, use the case-study method to examine why this is so. The factors they consider include murder rates, the history of executions, economic circumstances, public opinion, mass media, population diversity, and each state’s abolition of the death penalty. They also examine the role of a state’s social, cultural, and economic leaders in public debate on capital punishment. The states studied are Michigan, Wisconsin, Maine, Minnesota, North Dakota, Alaska, Hawaii, Iowa, and West Virginia, though there is also some discussion of Massachusetts, Rhode Island, Vermont, and the District of Columbia. Media reports and government documents were reviewed and legislators, civil servants, journalists, death-penalty activists, and others interviewed. Throughout, the authors express an abolitionist point of view, stating “We hope this book will provide practical information to those interested in furthering death penalty abolition in the United States and throughout the world.”

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Myth of the hanging tree: stories of crime and punishment in territorial New Mexico

on 1 January 2008


2008


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The haunting specter of hanging trees holds a powerful sway on the American imagination, conjuring images of rough-and-tumble frontier towns struggling to impose law and order in a land where violence was endemic. In this thoughtful study, former New Mexico State Historian Robert Torrez examines several fascinating criminal cases that reveal the harsh and often gruesome realities of the role hangings, legal or otherwise, played in the administration of frontier justice. At first glance, the topic may seem downright morbid, and in a sense it is, but these violent attempts at justice are embedded in our perception of America’s western experience. In tracing territorial New Mexico’s efforts to enforce law, Torrez challenges the myths and popular perceptions about hangings and lynching in this corner of the Wild West.

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