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Document(s)
Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Philip Alston
By United Nations / Philip Alston, on 1 January 2004
2004
International law - United Nations
arrufrzh-hantesMore details See the document
The analytical part of the report focuses in depth on a narrow range of issues, with an overall emphasis on accountability. The four principal topics addressed are: (i) genocide and crimes against humanity; (ii) violations of the right to life in armed conflict and internal strife; (iii) capital punishment; and (iv) violations of the right to life by non-State actors.
- Document type International law - United Nations
- Themes list Trend Towards Abolition,
- Available languages ح ا لا ت ا لإ ع د ا م خ ا ر ج ن ط ا ق ا ل ق ض ا ء أ و ب إ ج ر ا ء ا ت م و ج زة أ و ت عس ف ا ً تقرير المقرر الخاص فيليب ألستونВнесудебные казни, казни без надлежащего судебного разбирательства или произвольные казни: Доклад Специального докладчика Филипа АлстонаExécutions extrajudiciaires, sommaires ou arbitraires: Rapport du Rapporteur spécial, M. Philip Alston法外处决、即审即决或任意处决问题特别报告员; 菲利普·奥尔斯顿Las ejecuciones extrajudiciales, sumarias o arbitrarias: Informe del Relator Especial, Philip Alston
Document(s)
TRANSPARENCY AND THE IMPOSITION OF THE DEATH PENALTY, Report of the Special Rapporteur, Philip Alston
By United Nations / Philip Alston, on 1 January 2006
2006
International law - United Nations
arrufrzh-hantesMore details See the document
The present report of the Special Rapporteur on extrajudicial, summary or arbitrary executions analyses a critical area of non-compliance with legal safeguards designed to protect the right to life. It builds upon the proposition that “[c]ountries that have maintained the death penalty are not prohibited by international law from making that choice, but they have a clear obligation to disclose the details of their application of the penalty” (E/CN.4/2005/7, para. 59). The report analyses the legal basis of that transparency obligation and examines case studies that illustrate the major problems that exist in this area.
- Document type International law - United Nations
- Themes list Trend Towards Abolition,
- Available languages الإعدام عقوبة وفرض الش, ألستون∗ فيليب السيد الخاص، المقررТРАНСПАРЕНТНОСТЬ И ВЫНЕСЕНИЕ СМЕРТНОГО ПРИГОВОРА, Доклад Специального докладчика Филипа АлстонаTRANSPARENCE ET IMPOSITION DE LA PEINE DE MORT, Rapport du Rapporteur spécial, M. Philip Alston死刑的公开和执行问题, 特别报告员菲利普·奥尔斯顿的报告LA TRANSPARENCIA Y LA IMPOSICIÓN DE LA PENA DE MUERTE, Informe del Relator Especial, Philip Alston
Document(s)
Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Philip Alston
By United Nations / Philip Alston, on 1 January 2004
2004
International law - United Nations
arfrzh-hantesruMore details See the document
This report is submitted pursuant to Commission resolution 2005/34, and should be read in conjunction with its various addenda. They provide the following: a detailed analysis of communications sent to Governments which describe alleged cases of extrajudicial executions; reports on country missions to Nigeria and Sri Lanka during 2005; a report on the principle of transparency in relation to the death penalty; and several reports aimed at following up on earlier country missions to the Sudan, Brazil, Honduras and Jamaica.
- Document type International law - United Nations
- Themes list Trend Towards Abolition,
- Available languages تعسفاً أو موجزة بإجراءات أو القضاء نطاق خارج الإعدام حا ألستون* فيليب الخاص المقرر تExécutions extrajudiciaires, sommaires ou arbitraires: Rapport du Rapporteur spécial, Philip Alston法外处决、即审即决或任意处决问题特别报告员: 菲利普·奥尔斯顿的报告Las ejecuciones extrajudiciales, sumarias o arbitrarias: Informe del Relator Especial, Sr. Philip AlstonВнесудебные казни, казни без надлежащего судебного разбирательства или произвольные казни: Доклад Специального докладчика Филипа Алстона
Document(s)
Poster World Day 2006
on 10 October 2006
2006
Campaigning
Trend Towards Abolition
frMore details Download [ pdf - 191 Ko ]
Discrimination, unfair trials, judicial error, the execution of child
offenders and those suffering from mental disabilities all
amount to a failure of justice and provide more compelling rea-
sons to abolish the death penalty. 10 October 2006 is the fourth
World Day Against the Death Penalty. Join the World Coalition
Against the Death Penalty in working for an end to the use of
capital punishment and a globe free of judicial killing.
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Affiche journée mondiale 2006
Document(s)
AEDPA Repeal
By Brandon L. Garrett & Kaitlin Phillips, on 1 September 2022
2022
Academic report
Terrorism
United States
More details See the document
Given how pressing the problem has become, and the real interest in reforms to promote access to justice, this article takes a different tack than prior habeas reform work: to restore habeas corpus to its pre-AEDPA and pre-Rehnquist court state, in which a federal court can review claims and reach their merits. The approach would preserve flexibility at the district court level and remove the many layers of procedural complexity that the Supreme Court and then Congress have erected. We believe that deep changes are needed, and in that, we agree with judges and scholars that have for some time proposed such changes in the writ. As we describe, AEDPA was enacted as a culmination of more than two decades of complex Supreme Court law that had already limited access to federal habeas corpus. While AEDPA incorporated some of those procedural rulings, the concern would be that should AEDPA be repealed, even in part, those court-made restrictions could be interpreted to supplant AEDPA restrictions. Clear statutory language will be needed to ensure that the Court does not frustrate Congress, as it has in the past, by supplementing statutory text in order to limit constitutional remedies. We do not mean to suggest that the various proposals set out here are exhaustive. Our goal is to promote careful considerations of alternatives to the present-day set of federal habeas corpus statutes and accompanying judicial interpretation.
- Document type Academic report
- Countries list United States
- Themes list Terrorism
Document(s)
(Not) Talking about Capital Punishment in the Xi Jinping Era
By Tobias Smith, Matthew Robertson and Susan Trevaskes, on 1 September 2022
Academic report
China
More details See the document
An investigation into the death penalty in the People’s Republic of China in the Xi Jinping era (2012–) shows that unlike previous administrations, Xi does not appear to have articulated a signature death penalty policy. Where policy in China is unclear, assessing both the quality and frequency of discourse on the topic can provide evidence regarding an administration’s priorities.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Academic report
- Countries list China
Document(s)
Legislative Expansion and Judicial Confusion: Uncertain Trajectories of the Death Penalty in India
By Anup Surendranath and Maulshree Pathak, on 1 September 2022
Academic report
India
More details See the document
The numbers and the politics of the death penalty in India tell very different stories, presenting complicated narratives for its future. The public reaction to instances of sexual violence and other offences over the last decade and the consequent political response has significantly strengthened the retention and expansion of the death penalty. This is reflected from the fact that that of all the death sentences that district courts impose, only about 5 percent get confirmed in India’s appellate system. However, does this mean there is growing scepticism about the death penalty in the Supreme Court of India? Unfortunately, the answer is far from simple. An assessment of the death penalty in India’s appellate courts during the last decade will demonstrate that a crime-centric approach has hindered any principled discomfort with the death penalty or the manner of its administration. In particular, the Supreme Court has faltered in high-profile death sentence cases (i.e., offences against the state and sexual violence cases), and its track record of commutations has very little to do with principled considerations on sentencing. This paper argues that the political and judicial imagination of the death penalty, as a necessary part of the response to crime, creates significant and unique challenges for the path towards abolition.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Academic report
- Countries list India
Document(s)
Q&A: The Death Penalty and Drug Offenses
By World Coalition Against the Death Penalty, on 8 September 2020
2020
Academic report
frMore details Download [ pdf - 143 Ko ]
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.
- Document type Academic report
- Themes list Drug Offences,
- Available languages Questions-Réponses: peine de mort et trafic de drogue
Document(s)
Testimonies tool – World Day 2022
By the World Coalition Against the Death Penalty, on 28 June 2022
2022
World Coalition
More details Download [ - 0 Ko ]
The World Coalition and its members have collected testimonies of victims of torture in the death penalty. Confessions, death row phenomenon, moments before the execution, psychological torture of those not sentenced to death, methods of execution. Read the stories of these victims.
We thank all those who agreed to share their testimonies and their stories.
- Document type World Coalition
Document(s)
Malaysia: On Death Row
By Al Jazeera, on 1 January 2019
2019
Multimedia content
Malaysia
More details See the document
In Malaysian jails, more than 1,200 prisoners are on death row. For them, news that the government was planning to abolish the death penalty provided a much-needed glimmer of hope. But many Malaysians want to keep the law as it is, saying capital punishment deters criminals and helps keep citizens safe. Families of murder victims say the only way to get justice for their loved ones is by hanging the perpetrators. 101 East meets the people on either side of this emotional life-and-death debate and investigates if Malaysia is ready to abolish the death penalty.
- Document type Multimedia content
- Countries list Malaysia
- Themes list Moratorium , Murder Victims' Families, Death Row Phenomenon,
Document(s)
Death penalty in Iran: A State terror policy – Special Update for 11th World Day against the Death Penalty
By International Federation for Human Rights (FIDH), on 8 September 2020
2020
NGO report
Iran (Islamic Republic of)
More details See the document
The change of administration in the Islamic Republic of Iran (IRI) and taking of office by a new president on 3 August 2013 has not brought any change as far as the death penalty is concerned. Between the 14 June presidential election and 1st October, more than 200 people have been reportedly executed, including possibly three people who may have been younger than 18 at the time of the commission of the alleged crimes.Against this backdrop, FIDH and its member organisation, LDDHI, have decided topublish the present report to analyse the new penal laws in force in Iran that are invoked consistently to violate the right to life in general and to execute child offenders. Coinciding with 10 October 2013, World Day against the Death Penalty, this report aimsto serve as an update on the current state of application of the death penalty in the IRI.
- Document type NGO report
- Countries list Iran (Islamic Republic of)
- Themes list Juveniles, Drug Offences, Hanging, Country/Regional profiles,
Document(s)
Experimenting with Death: An Examination of Colorado’s Use of the Three-Judge Panel in Capital Sentencing
By Lutz, Robin / University of Colorado Law Review, on 1 January 2002
2002
Article
United States
More details See the document
Mr. Page committed an atrocious crime. He did not know his victim, Peyton Tuthill, a young woman who had recently graduated from college and moved to Denver. But he was in her house, looking for money and items to sell, when she returned from a job interview. Instead of leaving her home, Mr. Page stayed to beat Peyton Tuthill, tie her up, stab her, slit her throat, rape her repeatedly, and eventually, kill her. Clearly, Ms. Tuthill did not deserve to die such a tortured death. Clearly, her death resulted from an egregious crime. However, the answer to the question of whether Mr. Page should be executed for committing this murder is not as clear. Some would answer affirmatively, others negatively. An important question is: who should decide?
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
Key legal Instruments and texts adopted on Abolition of the death penalty by the Council of Europe
By Council of Europe, on 24 January 2023
2023
Regional body report
Trend Towards Abolition
More details See the document
All the Council of Europe documents related to abolition of the death penalty gathered in one page : decisions of the Committee of Ministers, resolutions of the Parliamentary Assembly, Treaties…
- Document type Regional body report
- Themes list Trend Towards Abolition
Document(s)
Singapore’s death penalty for drug trafficking: What the research says and doesn’t
By Academia SG - Promoting Scorlorahsip Of/For/By Singapore, on 24 January 2024
2024
Academic report
Drug Offenses
Singapore
More details See the document
Published on October 7, 2023.
Of all retentionist countries, Singapore seems to be the most vocal about the need to execute individuals as a form of criminal punishment. MAI SATO (Monash University) reviews studies conducted or commissioned by Singapore’s Ministry of Home Affairs that claim public backing for and the effectiveness of the death penalty in managing drug trafficking. Sato finds that these studies provide far weaker evidence for using the death penalty for drug trafficking than their authors and officials citing them claim.
- Document type Academic report
- Countries list Singapore
- Themes list Drug Offenses
Document(s)
Death Penalty Can Prolong the Suffering of a Vicitm’s Family
By Death Penalty Focus, on 8 September 2020
2020
Academic report
United States
More details See the document
Many family members who have lost loved ones to murder feel that the death penalty will not heal their wounds nor will it end their pain. This webpage provides resources for those looking to connect with murder victims’ families organisations.
- Document type Academic report
- Countries list United States
- Themes list Networks,
Document(s)
Racial Disparities
By Death Penalty Focus, on 1 January 2009
2009
Arguments against the death penalty
More details See the document
The race of the victim and the race of the defendant in capital cases are major factors in determining who is sentenced to die in this country. In 1990 a report from the General Accounting Office concluded that “in 82 percent of the studies [reviewed], race of the victim was found to influence the likelihood of being charged with capital murder or receiving the death penalty, i.e. those who murdered whites were more likely to be sentenced to death than those who murdered blacks.
- Document type Arguments against the death penalty
- Themes list Discrimination,
Document(s)
Justice Advocates Project
By Death Penalty Focus, on 1 January 2012
2012
Multimedia content
More details See the document
The Death Penalty Focus Justice Advocates Project empowers people with firsthand experience of the death penalty system to become advocates for fairness and justice by telling their personal stories to the public. Justice Advocates include the wrongfully convicted and law enforcement professionals, who bring their varied experiences of the flaws and dangers of the death penalty system to the public discourse
- Document type Multimedia content
- Themes list Innocence,
Document(s)
Inadequete Legal Representation
By Death Penalty Focus, on 8 September 2020
2020
Arguments against the death penalty
More details See the document
Perhaps the most important factor in determining whether a defendant will receive the death penalty is the quality of the representation he or she is provided. Almost all defendants in capital cases cannot afford their own attorneys. In many cases, the appointed attorneys are overworked, underpaid, or lacking the trial experience required for death penalty cases.
- Document type Arguments against the death penalty
- Themes list Legal Representation,
Document(s)
Deterrence
By Death Penalty Focus, on 8 September 2020
Arguments against the death penalty
More details See the document
Scientific studies have consistently failed to demonstrate that executions deter people from committing crime anymore than long prison sentences.
- Document type Arguments against the death penalty
- Themes list Deterrence ,
Document(s)
Innocence and the Death Penalty
By Death Penalty Focus, on 1 January 2011
2011
Arguments against the death penalty
More details See the document
The wrongful execution of an innocent person is an injustice that can never be rectified. Since the reinstatement of the death penalty, 139 men and women have been released from death row nationally.
- Document type Arguments against the death penalty
- Themes list Innocence,
Document(s)
The High Cost of the Death Penalty
By Death Penalty Focus, on 8 September 2020
2020
Arguments against the death penalty
More details See the document
A fact sheet on the cost of the death penalty in the United States. Life emprisonment without parole is suggested.
- Document type Arguments against the death penalty
- Themes list Transparency, Death Penalty, Financial cost,
Document(s)
International Views on the Death Penalty
By Death Penalty Focus, on 1 January 2011
2011
Arguments against the death penalty
More details See the document
The vast majority of countries in Western Europe, North America and South America – more than 139 nations worldwide – have abandoned capital punishment in law or in practice. This document goes through the death penalty status of countries world wide.
- Document type Arguments against the death penalty
- Themes list Networks,
Document(s)
Alternatives to the Death Penalty
By Death Penalty Focus / Alternatives to the Death Penalty, on 1 January 2008
2008
Arguments against the death penalty
More details See the document
In every state that retains the death penalty, jurors have the option of sentencing convicted capital murderers to life in prison without the possibility of parole. The sentence is cheaper to tax-payers and keeps violent offenders off the streets for good. The information is California specific.
- Document type Arguments against the death penalty
- Themes list Sentencing Alternatives,
Document(s)
USA: Death in Florida
By Amnesty International, on 1 January 2017
2017
Academic report
More details See the document
In March 2017, Rick Scott, Governor of Florida, responded to a State Attorney’s decision not to pursue the death penalty because of its demonstrable flaws by ordering her replacement with a prosecutor willing to engage in this lethal pursuit. Since then the governor has transferred 27 capital murder cases to his preferred prosecutor. Two of these cases have already resulted in juries voting for death sentences.
- Document type Academic report
- Themes list Fair Trial, Legal Representation, Country/Regional profiles,
Document(s)
Strengthening death penalty standards
By Penal Reform International, on 1 January 2015
2015
NGO report
More details See the document
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.
- Document type NGO report
- Themes list International law, Legal Representation,
Document(s)
THE MOST IMPORTANT FACTS OF 2003
By HANDS OFF CAIN, on 1 January 2004
2004
NGO report
More details See the document
The worldwide situation to date: The worldwide situation concerning the death penalty has once again registered a trend towards abolition in the past year. The countries or territories that to different extents have decided to give up the practice of capital punishment total 133, including the first months of 2004. Of these 81 have abolished the death penalty completely; 14 have abolished it for ordinary crimes; 1, Russia, as a member of the Council of Europe is committed to abolish it and in the meanwhile apply a moratorium on executions; 5 are observing moratoriums and 32 countries are de facto abolitionist, not having carried out executions for at least 10 years.
- Document type NGO report
- Themes list Statistics,
Document(s)
The war on drugs, forensic science and the death penalty in the Philippines
By Maria Corazon A.De Ungria and Jose M.Jose, on 10 August 2021
2021
Academic report
Drug Offenses
Philippines
More details See the document
The effectiveness of the death penalty to deter heinous crimes remains a contentious issue even though it has been abolished in many countries. Three years into President Rodrigo Duterte’s administration, the push to re-impose the death penalty is being taken seriously.
There is urgency in providing options to the drug problem other than killing drug suspects in the streets or sentencing them to death. The drug problem is a complex issue and exposes the human vulnerability of its users for criminal exploitation.
We propose here that addressing these vulnerabilities in a balanced and comprehensive manner through health-focused, rights-based criminal justice responses, conducting forensic science-based drug investigations and determining the social causes of drug abuse is an alternative solution that demands cooperation across different sectors of society as well as underscores the fundamental value of human life.
- Document type Academic report
- Countries list Philippines
- Themes list Drug Offenses
Document(s)
WMA Resolution to Reaffirm the WMA’s Prohibition of Physician Partecipation in Capital Punishment
By World Medical Association, on 8 September 2020
2020
NGO report
More details See the document
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.”
- Document type NGO report
- Themes list Trend Towards Abolition,
Document(s)
The Death Penalty In Egypt: Theoretical and Practical Study in the Light of Islamic Shariah and International Human Rights Law
By Dr. Mohamed Al Ghamry / Arab Penal Reform Organization APRO, on 1 January 2008
2008
NGO report
More details See the document
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.
- Document type NGO report
- Themes list Religion ,
Document(s)
So Long as They Die: Lethal Injections in the United States
By Human Rights Watch, on 1 January 2006
2006
NGO report
More details See the document
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.
- Document type NGO report
- Themes list Lethal Injection,
Document(s)
The Last Holdouts: Ending the Juvenile Death Penalty in Iran, Saudi Arabia, Sudan, Pakistan, and Yeman
By Human Rights Watch, on 1 January 2008
2008
NGO report
More details See the document
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
- Document type NGO report
- Themes list Juveniles,
Document(s)
Caught in a Web Treatment of Pakistanis in the Saudi Criminal Justice System
By Human Rights Watch / Justice Project Pakistan, on 8 September 2020
2020
NGO report
Pakistan
More details See the document
Report about the treatment of Pakistanis in the Saudi criminal justice system
- Document type NGO report
- Countries list Pakistan
- Themes list Discrimination, Foreign Nationals,
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 Penalty Cost
By Amnesty International - USA, on 8 September 2020
2020
Arguments against the death penalty
More details See the document
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.
- Document type Arguments against the death penalty
- Themes list Networks, Financial cost,
Document(s)
Death Penalty and Deterrence
By Amnesty International - USA, on 8 September 2020
Arguments against the death penalty
More details See the document
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.
- Document type Arguments against the death penalty
- Themes list Deterrence ,
Document(s)
File: Saudi Arabia in the World Day against the Death Penalty, execution of Civil Society
By European Saudi Organisation for Human Rights, on 1 January 2018
2018
Multimedia content
Saudi Arabia
More details See the document
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.
- Document type Multimedia content
- Countries list Saudi Arabia
- Themes list Death Penalty, Country/Regional profiles,
Document(s)
Religion and the Death Penalty
By Death Penalty Information Center, on 8 September 2020
2020
Arguments against the death penalty
More details See the document
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.
- Document type Arguments against the death penalty
- Themes list Religion ,
Document(s)
Who Lives, Who Dies, Who Decides
By Who Decides, Inc., on 1 January 2012
2012
Working with...
More details See the document
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.
- Document type Working with...
- Themes list Public debate,
Document(s)
Death Penalty and Arbitrariness
By Amnesty International - USA, on 8 September 2020
2020
Arguments against the death penalty
More details See the document
This sheet details the factors which contribute to the arbitrariness of the death penalty in the USA.
- Document type Arguments against the death penalty
- Themes list Arbitrariness,
Document(s)
Death Penalty and Race
By Amnesty International - USA, on 8 September 2020
Arguments against the death penalty
More details See the document
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.
- Document type Arguments against the death penalty
- Themes list Discrimination,
Document(s)
Death Penalty and Mental Illness
By Amnesty International - USA, on 1 January 2013
2013
Arguments against the death penalty
More details See the document
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.
- Document type Arguments against the death penalty
- Themes list Mental Illness,
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)
Foreign Nationals and the Death Penalty in the US
By Death Penalty Information Center / Mark Warren, on 1 January 2013
2013
Article
United States
More details See the document
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.
- Document type Article
- Countries list United States
- Themes list Country/Regional profiles,
Document(s)
The Death Penalty In 2018: Year End Report
By Death Penalty Information Center / Death Penalty Information Centre, on 1 January 2018
2018
NGO report
More details See the document
New death sentences and executions remained near historic lows in 2018 and a twentieth state abolished capital punishment, as public opinion polls, election results, legislative actions, and court decisions all reflected the continuing erosion of the death penalty across the country.
- Document type NGO report
- Themes list Death Penalty,
Document(s)
Drug-related Offences, Criminal Justice Responses and the Use of the Death Penalty in South-East Asia
By Office of the United Nations High Commissioner for Human Rights, on 1 January 2019
2019
International law - United Nations
More details See the document
Most of the world’s countries or territories have either abolished the death penalty or no longer use it. More than half of those that retain the death penalty, of which many are in South-East Asia, do so for drug-related offences. Most prisoners on death row in South-East Asia have been convicted of drug-related offences, although law and practice vary considerably among countries that retain the death penalty.
- Document type International law - United Nations
- Themes list Death Penalty, Statistics,
Document(s)
The Death Penalty in 2020: Year-End Report
By Death Penalty Information Center, on 1 January 2020
2020
NGO report
United States
More details See the document
2020 was abnormal in almost every way, and that was clearly the case when it came to capital punishment in the United States. The interplay of four forces shaped the U.S. death penalty landscape in 2020: the nation’s long-term trend away from capital punishment; the worst global pandemic in more than a century; nationwide protests for racial justice; and the historically aberrant conduct of the federal administration. At the end of the year, more states had abolished the death penalty or gone ten years without an execution, more counties had elected reform prosecutors who pledged never to seek the death penalty or to use it more sparingly; fewer new death sentences were imposed than in any prior year since the Supreme Court struck down U.S. death penalty laws in 1972; and despite a six-month spree of federal executions without parallel in the 20th or 21st centuries, fewer executions were carried out than in any year in nearly three decades.
- Document type NGO report
- Countries list United States
Document(s)
The death penalty in Egypt: Ten year after the uprising
By Jeed Basyouni - Reprieve, on 10 August 2021
2021
NGO report
Cruel, Inhuman and Degrading Treatment and Punishment
Death Row Conditions
Egypt
Fair Trial
More details See the document
Reprieve wrote this report about the use of the death penalty in Egypt.
- Document type NGO report
- Countries list Egypt
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Death Row Conditions / Fair Trial
Document(s)
The Death Penalty in the OSCE Area: Background Paper 2019
By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2019
2019
International law - Regional body
More details See the document
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.
- Document type International law - Regional body
- Themes list Trend Towards Abolition,
Document(s)
The Court is Satisfied with the Confession: Bahrain Death Sentences Follow Torture, Sham Trials
By Human Rights Watch, on 10 October 2022
2022
Article
Bahrain
More details See the document
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.
- Document type Article
- Countries list Bahrain
Document(s)
Triggers for the abolition of the death penalty in Africa: a Southern African perspective
By Fédération Internationale des Ligues des Droits de l'Homme (FIDH), on 1 January 2017
2017
NGO report
More details See the document
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.
- Document type NGO report
Document(s)
Anniversary tool – 20th World Day
By the World Coalition Against the Death Penalty, on 8 July 2022
2022
World Coalition
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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.
- Document type World Coalition
Document(s)
Pathways to Justice: Implementing a Fair and Effective Remedy following Abolition of the Mandatory Death Penalty in Kenya
By The Death Penalty Project, on 1 January 2019
2019
NGO report
More details See the document
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.
- Document type NGO report
- Themes list Mandatory Death Penalty, Country/Regional profiles,
Document(s)
The Rise, Fall, and Afterlife of the Death Penalty in the United States
By Carol S. Steiker / Annual Review of Law and Social Science, on 1 January 2020
2020
Article
United States
More details See the document
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?
- Document type Article
- Countries list United States
- Themes list Country/Regional profiles,
Document(s)
International Covenant on Civil and Political Rights
By United Nations, on 1 January 1966
1966
United Nations report
More 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,
Document(s)
The Death Penalty in the Arab World 2011
By Alejandro Tagarro Cervantes / Amman Center for Human Rights Studies, on 1 January 2011
2011
NGO report
More details See the document
This annual report drafted by ACHRS aims to proportionate an analytical studio of the situation of the death penalty and capital punishment in the Arab World in 2011, and includes detailed information about the 21 countries which constitute the Arab World. It also contains tables and a conclusive reflection on the current state of capital punishment.
- Document type NGO report
- Themes list Country/Regional profiles,
Document(s)
Life After the Death Penalty: Implications for Retentionnist States
By American Bar Association / Death Penalty Information Center, on 1 January 2017
2017
Multimedia content
United States
More details See the document
- Document type Multimedia content
- Countries list United States
- Themes list Moratorium , Public debate, Death Penalty, Country/Regional profiles,
Document(s)
Pennsylvania capital post-conviction reversals and subsequent dispositions
By Death Penalty Information Center / Robert Brett Dunham, on 1 January 2018
2018
NGO report
More details See the document
In Pennsylvania, death-row prisoners whose convictions or death sentences are overturned in state or federal post-conviction appeals are almost never resentenced to death, a new Death Penalty Information Center study has revealed. Since Pennsylvania adopted its current death-penalty statute in September 1978, post-conviction courts have reversed prisoners’ capital convictions or death sentences in 170 cases. Defendants have faced capital retrials or resentencings in 137 of those cases, and 133 times—in more than 97% of the cases—they received non-capital dispositions ranging from life without parole to exoneration. Only four prisoners whose death sentences were reversed in post-conviction proceedings remain on death row
- Document type NGO report
- Themes list Death Penalty, Statistics, Country/Regional profiles,
Document(s)
Report of the General Secretary of the United Nations 2013
By United Nations, on 1 January 2013
2013
International law - United Nations
More details See the document
The report contains information on the question of the death penalty, and reports that the international community as a whole is moving towards the abolition of the death penalty in law or in practice. Nevertheless, a small number of States have continued to use the death penalty and in many instances, int ernational standards guaranteeing the protection of the rights of those facing the death penalty were not fully respected. Thereport also discusses the continued difficulties in gaining access to reliable information regarding executions, and issues related to the hum an rights of children of parents sentenced to the death penalty or executed.
- Document type International law - United Nations
- Themes list Death Penalty,
Document(s)
Battle Scars: Military Veterans and the Death Penalty
By Death Penalty Information Center / Richard C. Dieter, on 1 January 2015
2015
NGO report
More details See the document
Veterans with Post-Traumatic Stress Disorder (PTSD) who have committed heinous crimes present hard cases for the American system of justice. The violence that occasionally erupts into murder can easily overcome the special respect that is afforded most veterans. However, looking away and ignoring this issue serves neither veterans nor victims. PTSD has affected an enormous number of veterans returning from combat zones. Over 800,000 Vietnam veterans suffered from PTSD. At least 175,000 veterans of Operation Desert Storm were affected by “Gulf War Illness,” which has been linked to brain cancer and other mental deficits. Over 300,000 veterans from the Afghanistan and Iraq conflicts have PTSD. In one study, only about half had received treatment in the prior year.
- Document type NGO report
- Themes list Mental Illness,
Document(s)
PROBING “LIFE QUALIFICATION” THROUGH EXPANDED VOIR DIRE
By John H. Blume / Sheri Lynn Johnson / Brian Threlkeld / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
It turns out that voir dire in capital cases is woefully ineffective at the most elementary task—weeding out unqualified jurors.Empirical evidence reveals that many capital jurors are in fact unqualified to serve. Moreover, the ineffectiveness of the process is far from even-handed. A juror is not “death-qualified” if she would always vote against a death sentence, regardless of the circumstances, and a handful of the jurors who actually serve in capital cases are in fact unqualified for this reason.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
Preventing the Execution of the Innocent: Testimony Before the House Judiciary Committee.
By Peter Neufeld / Hofstra Law Review, on 1 January 2001
Article
United States
More details See the document
There have been at least sixty-seven postconviction DNA exonerations in the United States. Our Innocence Project at the Benjamin N. Cardozo School of Law has either assisted or been the attorney of record in thirty-nine of those cases, including eight men who served time on death row. For all of these men, existing appellate remedies failed to catch the mistakes and correct the injustice. In one third of the exonerations, bad lawyering contributed to their convictions yet in only one case was ineffective assistance of counsel recognized by an appellate court. Mistaken eyewitness identification was a critical factor in almost 90% of the unjust convictions yet not a single trial or appellate court found the eyewitness testimony to be unreliable.
- Document type Article
- Countries list United States
- Themes list Innocence,
Document(s)
International Law Issues in Death Penalty Defense
By Richard J. Wilson / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
This short article will explore some additional issues regarding the relationship between international law and the death penalty. First, it will discuss some additional aspects of the representation of foreign nationals in capital cases. Second, it will discuss additional instances in which defense counsel can make international law arguments, regardless of the client’s nationality. Third, because international law issues are new to most lawyers in the United States, even those who are seasoned in capital litigation, it will suggest some alternative ways in which international law arguments can be made. The conclusion will put theUnited States experience with the death penalty into the broader context of world practice on the death penalty.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
The Needs of the Wrongfully Convicted: A Report on a Panel Discussion
By Illinois Criminal Justice Information Authority's Research & Analysis Unit / Northwestern University School of Law, on 1 January 2002
2002
Working with...
More details See the document
This report has been prepared for Governor Ryan’s Commission on Capital Punishment to provide additional information on those who have been wrongfully convicted of murder and subsequently incarcerated. It is hoped that this information is useful in the Commission’s consideration of possible improvements in the way criminal justice agencies and allied entities meet the needs of those who have been wrongfully convicted.
- Document type Working with...
- Themes list Networks,
Document(s)
THE JURY IN THE TWENTY – FIRST CENTURY: AN INTERDISCIPLINARY CONFERENCE
By William J. Bowers / Ursula Bentele / Brooklyn Law Review, on 8 September 2020
2020
Article
United States
More details See the document
The first section below describes how, for many jurors, the decision about guilt appears to be so overwhelming that it prevents truly separate decision making about punishment. The second section focuses on the degree to which jurors feel constrained by what they view as a requirement to impose death if certain aggravating factors are present in the case. And finally, the third section explores the way in which mitigating evidence, even when it appears to have been extensive and credible, is ignored, devalued, or discredited.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
JURY INSTRUCTIONS REGARDING DEADLOCK IN CAPITAL SENTENCING
By Laurie B. Berberich / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
Questions regarding the jury’s inability to reach a unanimous decision are often asked of judges and similar uninformative responses are generally given. Is ignoringjuror concerns the proper method for handling jury inquiries about the result of juror non-unanimity in capital sentencing? Or should courts inform capital juries up-front of the consequences of their failure to reach a unanimous verdict?
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
Towards the Abolition of the Death Penalty in Africa: A Human Rights Perspective
By Lilian Chenwi / Pretoria University Law Press, on 1 January 2007
2007
Book
More details See the document
In “Towards the abolition of the death penalty in Africa – a human rights perspective”, the author shows that international law increasingly recognises that the imposition and execution of the death penalty constitute violations of human rights. The author locates an emerging international trend towards the abolition of capital punishment in the African context. In doing so, she provides a particular African perspective on the issue. In this rich and informative text, she reflects on the role and impact of relevant UN instruments on African states, and analyses related African regional instruments, domestic law and case-law.
- Document type Book
Document(s)
Public Opinion on the Death Penalty in China: Results from a General Population Survey Conducted in Three Provinces in 2007/08
By Shenghui Qi / Dietrich Oberwittler / Max Planck Institute for Foreign and International Criminal Law, on 1 January 2008
2008
Article
China
More details See the document
The present project is concerned with the significant role that public opinion plays in the debate surrounding the death penalty and criminal policy in the People’s Republic of China, including possible public reaction to any planned abolishment of the death penalty. How is public opinion on the death penalty exhibited in China? What influence does public opinion on the death penalty have on legislative and judicial practice in China? The principal goal of the project is to analyze the links that exist between public opinion, criminal policy, legislation and legal practice, and to initiate attitudinal changes amongst political and legal actors as well as the public at large. A further objective is to guide Chinese criminal law reform, particularly with regard to a possible reduction in the number of capital offences, against the background of the ratification of the International Covenant on Civil and Political Rights
- Document type Article
- Countries list China
- Themes list Public opinion,
Document(s)
Earl Washington’s Ordeal
By Eric M. Freedman / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
I offer an account of the ordeal of Earl Washington, who—having come within days of execution—was released from prison on February 12, 2001, after DNA evidence of his innocence finally proved conclusive to the Virginia authorities. I do so for two reasons. First, I believe, both as a member of his legal team and a scholar, that history deserves an accurate account of the events. Second, more broadly, I believe that the case exemplifies many of the phenomena that contribute to the injustice of the death penalty in America today.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
America’s Experiment With Capital Punishment: Reflections on the Past, Present, and Future of the Ultimate Penal Sanction
By Carol S. Steiker / James R. Acker / Jordan M. Steiker / Richard J. Wilson / Robert Blecker / Stephen B. Bright / Charles S. Lanier / Robert M. Bohm / Carolina Academic Press / Ernest van den Haag / Ruth D. Peterson / William C. Bailey / Jon Sorensen / James Marquart / Victor L., on 8 September 2020
2020
Book
United States
More details See the document
The second edition of America’s Experiment with Capital Punishment is an updated and expanded version of the comprehensive first edition. Chapters, authored by the country’s leading legal and social science scholars, have been revised to include a host of important developments since the 1998 edition. Thus, new evidence and information is presented concerning racial disparities in the administration of the death penalty, wrongful convictions, deterrence, the prediction of future dangerousness, jury decision-making, public opinion about the death penalty, the effects of the capital punishment process on murder victims’ and offenders’ relatives, death row incarceration, the costs of capital punishment, execution methods, and many other issues.
- Document type Book
- Countries list United States
Document(s)
Congressional Power to Require DNA Testing
By Larry Yackle / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
Many states fail to conduct, or even to permit, DNA testing of biological materials in circumstances in which the results might exonerate convicts under sentence of death. Senator Patrick Leahy thinks that Congress should enact a statute requiring states to provide for testing when it promises to reveal the truth. Leahy’s idea is sensible as a matter of policy. I mean in this Article to argue that it is also constitutionally feasible.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
Capital Punishment Briefing Paper
By Peter Hodgkinson / Lina Gyllensten / Diana Peel / Center for Capital Punishment Studies, on 1 January 2011
2011
NGO report
More details See the document
This briefing paper is offered as a critique of the received wisdom of abolition strategies against the background of an evidence based analysis of the literature. A point of interest to begin with is to try to tease out the motivation of individuals and groups that consider themselves death penalty abolitionists.
- Document type NGO report
- Themes list Networks,
Document(s)
Errors and Ethics: Dilemmas in Death
By Penny J. White / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
In the last five years, the death penalty has become a frequent topic of discussion. While discussion of such an emotive topic is not unusual for any period in history, the tenor of the recent dialogue is unusual. For the most part, the discussion centers around the problems with capital punishment, particularly its inaccuracy and unfairness. This Article begins in Part II with a discussion of recent claims about the frequency of errors in capital cases. Part III enumerates and discusses the factors generally thought to be the cause of the errors. Part IV details new rules recently adopted in one jurisdiction in an effort to eliminate the errors. Part IV also suggests that these new rules, though worthwhile, are actually a reiteration of long-standing ethical obligations of judges and lawyers, the breach of which is responsible for many of the errors. Part V recommends additional remedies which the bench and the bar must take if there is a true commitment to providing a fair, just, and reliable system for determining who the government is entitled to kill.
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
Why an Independent Appointed Authority Is Necessary to Choose Counsel for Indigent People in Capital Punishment Cases
By Ronald J. Tabak / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
The revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases require that an agency “independent of the judiciary” be responsible for “ensuring that each capital defendant in the jurisdiction receives high quality legal representation.” This independent agency “and not the judiciary or elected officials should select lawyers for specific cases.” These mandates reflect two realities that have become overwhelmingly clear: (1) judges—whether initially elected, subject to retention elections, or appointed—are subject to political pressures in connection with capital punishment cases; and (2) lawyers whom judges have appointed in capital punishment cases have frequently been of far lower quality than could have been selected.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
The Innocence Protection Act of 2001
By Senator Patrick Leahy / Hofstra Law Review, on 1 January 2001
2001
Article
United States
More details See the document
The goal of our bill is simple, but profoundly important: to reduce the risk of mistaken executions. The Innocence Protection Act proposes basic, common-sense reforms to our criminal justice system that are designed to protect the innocent and to ensure that if the death penalty is imposed, it is the result of informed and reasoned deliberation, not politics, luck, bias, or guesswork. We have listened to a lot of good advice and made some refinements to the bill since the last Congress, but it is still structured around two principal reforms: improving the availability of DNA testing, and ensuring reasonable minimum standards and funding for court-appointed counsel.
- Document type Article
- Countries list United States
- Themes list Innocence,
Document(s)
The Defense Team in Capital Cases
By Jill Miller / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
Fairness for those defendants facing the ultimate punishment of death requires that they be afforded zealous advocacy by competent counsel, and that counsel be provided with the resources necessary to effectively represent their clients. Stating that “[o]ur capital system is haunted by the demon of error, error in determining guilt, and error in determining who among the guilty deserves to die,” Governor Ryan cited many deficiencies in the justice system in Illinois, including poor lawyering and inadequate resources for defense counsel, in arriving at his decision to commute all death sentences. Over the years the imposition of the death penalty has too often been a function of unqualified counsel or counsel who lacked the resources, including time, funding, and provision of investigative, expert and supportive services, to competently represent their clients, rather than a reasoned decision based on the circumstances of the crime and the background and character of the defendant.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
Spectacle of the Scaffold? The Politics of Death Penalty in Indonesia
By Deasy Simandjuntak, on 1 January 2015
2015
Article
Indonesia
More details See the document
Simandjuntak’s article comes back to the death sentences part of the “war against drugs” conducted by President Widjojo in Indonesia. In 2015, 14 drug convicts – mostly foreign nationals – have been executed. The article also comes back to the wide support to the death penalty in the country, on the debate on the presumed deterrent effect of the death penalty and on the political function of the capital punishment in Indonesia.
- Document type Article
- Countries list Indonesia
- Themes list Public opinion, Deterrence , Drug Offences, Foreign Nationals, Country/Regional profiles,
Document(s)
A New Profession for an Old Need: Why a Mitigation Specialist Must be Included on the Capital Defense Team
By Pamela Blume Leonard / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
The fundamental task of the mitigation specialist is to conduct a comprehensive social history of the defendant and identify all relevant mitigation issues. The 2003 revised edition of the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases recognizes the mitigation specialist as an “indispensable member of the defense team throughout all capital proceedings.” What are the particular responsibilities and contributions of a mitigation specialist and what makes them so essential to the capital defense team as to warrant this long overdue recognition by the ABA Guidelines?
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
The Professional Obligation to Raise Frivolous Issues in Death Penalty Cases
By Monroe H. Freedman / Hofstra Law Review, on 1 January 2003
Article
United States
More details See the document
Lawyers are generally familiar with the ethical rule forbidding frivolous arguments, principally because of sanctions imposed under rules of civil procedure for making such arguments. Not all lawyers are aware, however, of two ways in which the prohibitions of frivolous arguments are restricted in both the rules themselves and in their enforcement. First, the ethical rules have express limitations with respect to arguments made on behalf of criminal defendants, and courts are generally loath to sanction criminal defense lawyers. Second, the term “frivolous” is narrowed, even in civil cases, by the way it is defined and explained in the ethical rules and in court decisions.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
The Guiding Hand of Counsel’ and the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases
By Robin M. Maher / Hofstra Law Review, on 1 January 2003
Article
United States
More details See the document
The ABA has long been concerned with the provision of effective counsel for all criminal defendants, especially for those facing the death penalty. In 1989, the ABA first published its Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases, which detailed the kind of competent, effective legal representation that all capital defendants were entitled to receive. Earlier this year, after a two-year effort drawing upon the expertise of a broad group ofdistinguished and experienced judges, lawyers, and academics, the ABA House of Delegates overwhelmingly approved revisions to those Guidelines to update and expand upon the obligations of death penalty jurisdictions to ensure due process of law and justice. “These Guidelines are not aspirational.” They articulate a national standard of care and the minimum that should be required in the defense of capital cases.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
Making the Last Chance Meaningful: Predecessor Counsel’s Ethical Duty to the Capital Defendant
By Lawrence J. Fox / Hofstra Law Review, on 1 January 2003
Article
United States
More details See the document
The thesis of this paper is that lawyers who have represented clients in capital murder cases at trial and appeal—not unlike all criminal trial and initial appeal counsel, but more urgently because of the circumstances—continue to owe important obligations to their former clients. These obligations have been just recently included in the latest version of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death PenaltyCases: In accordance with professional norms, all persons who are or have been members of the defense team have a continuing duty to safeguard the interests of the client and should cooperate fully with successor counsel. This duty includes, but is not limited to: A. maintaining the records of the case in a manner that will inform successor counsel of all significant developments relevant to the litigation; B. providing the client’s files, as well as information regarding all aspects of the representation, to successor counsel; C. sharing potential further areas of legal and factual research with successor counsel; and D. cooperating with such professionally appropriate legal strategies as may be chosen by successor counsel. It is my hope that this article will demonstrate that these Guidelines reflect not just best practice, but actual ethical mandates that trial counsel, like Bryan Saunders, owe their former clients as those clients negotiate the jurisprudential maze known as habeas corpus.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
2016 World day against the death penalty
By Amnesty International, on 1 January 2016
2016
NGO report
More details See the document
On 10 October 2016 Amnesty International joins the global abolitionist movement in marking the 14th World Day Against the Death Penalty, whose focus on the use of the death penalty for terrorism-related offences is timely. While armed and other violent attacks are not a new phenomenon, recent years have seen repeated high-profile violent attacks – in many cases against a backdrop of political instability and conflict – that have sent shockwaves throughout the world.
- Document type NGO report
- Themes list International law, Deterrence , World Coalition Against the Death Penalty,
Document(s)
Texas Death Penalty Developments in 2022: The Year in Review
By Texas Coalition to Abolish the Death Penalty, on 16 December 2022
2022
NGO report
United States
More details See the document
Use of the death penalty in Texas remained near historic low levels in 2022, with juries sentencing two people to death and the State executing five people. Three other scheduled executions were stayed by the Texas Court of Criminal Appeals (CCA). Overall, the eight execution dates set for 2022 were the fewest in Texas since 1996.
Despite their low number, the executions set and carried out in 2022 raise troubling issues about the fairness and utility of the death penalty. Four of the men put to death, including 78-year-old Carl Wayne Buntion, suffered from physical or mental impairments or histories of childhood trauma, while two maintained their innocence of the crimes for which they were convicted.
- Document type NGO report
- Countries list United States
Document(s)
Issues Impacting LGBTQ+ Prisoners
By Death Penalty Information Center, on 3 September 2024
2024
NGO report
Cruel, Inhuman and Degrading Treatment and Punishment
Fair Trial
United States
More details See the document
LGBTQ+ people, especially people of color and low income, experience high levels of policing and criminalization, leading to an overrepresentation of these individuals in the incarcerated population. A 2017 study from researchers at the University of California, Los Angeles School of Law, suggests that LGBTQ+ people are three times as likely to be incarcerated than the general population. Once incarcerated, LGBTQ+ people are often subjected to violence from correctional staff and fellow prisoners, as well denied medical care and access to mental health services.
- Document type NGO report
- Countries list United States
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Fair Trial
Document(s)
Texas Death Penalty Developments in 2010: The Year in Review
By Texas Coalition to Abolish the Death Penalty, on 1 January 2010
2010
NGO report
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Death sentences in Texas have dropped more than 70% since 2003, reaching a historic low in 2010. According to data compiled from news sources and the Texas Department of Criminal Justice, juries condemned eight new individuals to death in Texas in 2010. This is the lowest number of new death sentences since the U.S. Supreme Court upheld Texas’ revised death penalty statute in 1976. For preious annual reports on Texas please visit: http://tcadp.org/get-informed/reports/
- Document type NGO report
- Themes list Statistics,
Document(s)
Casebook of Forensic Psychiatric Practice in Capital Cases
By The Death Penalty Project / Marc Lyall, on 1 January 2018
2018
Working with...
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The Death Penalty Project and Forensic Psychiatry Chambers have released two new publications, together providing an authoritative guide on the application of mental health law in capital cases. The resources respond to the knowledge that, in many countries that retain the death penalty, mental health issues are not being sufficiently addressed by the courts, leading to miscarriages of justice and putting vulnerable individuals at risk.This Casebook uses real-life examples to address ethical and professional questions and explore the application of legal principles.
- Document type Working with...
- Themes list Death Penalty,
Document(s)
Death Sentences and Executions in 2017
By Amnesty International, on 1 January 2018
NGO report
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Amnesty International published its international global review of the death penalty on Tuesday, 12th April 2018.At least 993 executions in 23 countries in 2017 were recorded, down by 4% from 2016 (1,032 executions) and 39% from 2015 (when the organization reported 1,634 executions, the highest number since 1989). China remained the world’s top executioner, but excluding China, 84% of all reported executions took place in just four countries – Iran, Saudi Arabia, Iraq and Pakistan.
- Document type NGO report
- Themes list Trend Towards Abolition, Death Penalty, Statistics,
Document(s)
Handbook of Forensic Psychiatric Practice in Capital Cases
By The Death Penalty Project / Nigel Eastman / Richard Latham / Marc Lyall / Sanya Krljes, on 1 January 2018
Working with...
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The Death Penalty Project and Forensic Psychiatry Chambers have released two new publications, together providing an authoritative guide on the application of mental health law in capital cases. The resources respond to the knowledge that, in many countries that retain the death penalty, mental health issues are not being sufficiently addressed by the courts, leading to miscarriages of justice and putting vulnerable individuals at risk.This Handbook guides the reader through the role of the forensic psychiatrist in criminal proceedings and key principles of mental health law.
- Document type Working with...
- Themes list Death Penalty,
Document(s)
Joint Letter Calling on the HRC to Renew the Mandate of the Special Rapporteur on Human Rights in Iran
By Human Rights Watch / Impact Iran , on 1 January 2018
Multimedia content
Iran (Islamic Republic of)
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In this joint letter many Iranian and international human rights organizations, urge the governments they called to support the renewal of the mandate of the Special Rapporteur on human rights in the Islamic Republic of Iran, during the 37th session of the UN Human Rights Council.
- Document type Multimedia content
- Countries list Iran (Islamic Republic of)
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Discrimination,
Document(s)
Unsafe convictions in capital cases in Taiwan
By Taiwan Alliance to End the Death Penalty / The Death Penalty Project, on 1 January 2019
2019
NGO report
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- Document type NGO report
- Themes list Innocence, Death Penalty, Country/Regional profiles,
Document(s)
Written Statement to the 20th Session of the Working Group on the Universal Periodic Review on Iran
By Iran Human Rights (IHR) / United Nations / World Coalition Against the Death Penalty / The Advocates for Human Rights / Abdorrahman Boroumand Foundation for the Promotion of Human Rights and Democracy in Iran / Association for Human Rights in Kurdistan of Iran-Geneva (KMMK-G), on 1 January 2014
2014
NGO report
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This report is being submitted by Abdorrahman Boroumand Foundation, The Advocates for Human Rights, Iran Human Rights (IHR), Association for Human Rights in Kurdistan of Iran-Geneva (KMMK-G), and the World Coalition Against the Death Penalty, relevant stakeholders, in conjunction with the Universal Periodic Review of Iran by the United Nations Human Rights Council. Iran will be subject to review during the 20th session (October – November 2014). This report examines the imposition of the death penalty in Iran in light of international human rights standards. This report will also examine and discuss the judicial process applied in cases involving punishment by the death penalty. Reports and commentary indicate that there is a serious problem of access to justice for the vast majority of individuals accused of crimes for which the death penalty is a possible punishment. It has been compiled from a combination of sources, including the penal code, news reports, non-governmental organizations (NGOs), and other commentary.
- Document type NGO report
- Themes list Juveniles, Minorities, Religion , Due Process , International law, Capital offences, Right to life, Drug Offences, Foreign Nationals, Stoning, Statistics,
Document(s)
Handbook of Forensic Psychiatric Practice in Capital Cases
By Death Penalty Project, on 1 January 2018
2018
Working with...
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- Document type Working with...
- Themes list Mental Illness, Public debate, Death Penalty,
Document(s)
Dehumanized: The Prison Conditions of People Sentenced to Death in Indonesia
By Ensemble contre la peine de mort (ECPM) / Kontras / Carole Berrih, on 1 January 2019
2019
NGO report
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Although much research has been carried out into the administration of justice in death penalty cases in Indonesia, there is little research into the conditions of detention of the men and women sentenced to death in that country. This study is one of the first to focus on the conditions of detention of death row prisoners in Indonesia. This report aims to give a voice to the men and women on death row in Indonesia and to their families, while documenting their situation.
- Document type NGO report
- Themes list Death Row Conditions, Country/Regional profiles,
Document(s)
The importance of raising awareness among ambassadors to the African Union on the draft African Protocol on abolition of the death penalty
By FIACAT / Xavière Prugnard, on 1 January 2019
Multimedia content
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FIACAT press release about the awareness raising workshop for permanent representatives to the African Union.
- Document type Multimedia content
- Themes list International law, Trend Towards Abolition, World Coalition Against the Death Penalty,
Document(s)
The Death Penalty Project: 2018 Report
By The Death Penalty Project, on 1 January 2019
NGO report
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The Death Penalty Project publishes its 2018 annual report. It provides testimonies, figures and a look on the actions accomplished in favour of the human rights worlwide.
- Document type NGO report
- Themes list Right to life, Legal Representation, Death Penalty,
Document(s)
Compounded Violence: Domestic Abuse and the Mandatory Death Penalty in Ghana and Sierra Leone
By Anjuli Peters / University of Oxford, on 1 January 2019
Arguments against the death penalty
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This paper applies a gendered perspective to women sentenced to a mandatory death penalty in the West African countries of Ghana and Sierra Leone. At present, there are six women on death row in Ghana and two women on death row in Sierra Leone. All eight women are sentenced to mandatory death for murder. However, interviews with the women on death row suggest that their offenses do not meet the threshold of ‘most serious crimes.’ Instead, many are convicted for acts committed in retaliation following violence against them.
- Document type Arguments against the death penalty
- Themes list Women,
Document(s)
DEATH ROW USA. Summer 2019
By NAACP Legal Defense and Educational Fund, Inc., on 1 January 2019
NGO report
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This report provides death row statistics and an update on executions in the US as of July 2019.
- Document type NGO report
- Themes list Statistics, Country/Regional profiles,
Document(s)
On the possibility of Viet Nam ratifying the Second Optional Protocol to the ICCPR aiming at the Abolition of the Death Penalty
By European Union / United Nations Development Programme / Nguyen Thi Thanh Hai / Nguyen Van Hoan / Nguyen Minh Khue, on 1 January 2019
International law - United Nations
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This study aims to assess the possibility of Viet Nam ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) aiming at the abolition of the death penalty. It analyzes: (a) the current international legal framework and the process of legal development to abolish the death penalty in selected countries, (b) the compatibility between the existing regulations on the death penalty in the Vietnamese legal system and the Second Optional Protocol of the ICCPR, and (c) the assessment of feasibility for abolition of the death penalty in Viet Nam.
- Document type International law - United Nations
- Themes list International law, Country/Regional profiles,
Document(s)
Iran 34th Session of the Working Group on the UPR: Death Penalty
By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR) / World Coalition Against the Death Penalty / Abdorrahman Boroumand Foundation for the Promotion of Human Rights and Democracy in Iran / Association for Human Rights in Kurdistan of Iran-Geneva (KMMK-G) / Impact Iran , on 1 January 2019
NGO report
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This joint stakeholder report aims to provide up-to-date and useful information to understand the reality of the death penalty in the Islamic Republic of Iran, in view of the next review of Iran by the Working Group on the Universal Periodic Review (UPR) in November 2019. The substantive information was gathered from news, reports and testimonies from various local sources. Iran is one of the leading death-sentencing and executing states in the world. Despite some recent steps towards limiting the scope of the death penalty for drug-related crimes, Iran’s use of capital punishment remains non-transparent, arbitrary, and worrisomely broad in scope.
- Document type NGO report
- Themes list International law, Country/Regional profiles,
Document(s)
Compounded Violence: Domestic Abuse and the Mandatory Death Penalty in Ghana and Sierra Leone
By Anjuli Peters / University of Oxford, on 1 January 2019
Arguments against the death penalty
More details See the document
This paper applies a gendered perspective to women sentenced to a mandatory death penalty in the West African countries of Ghana and Sierra Leone. At present, there are six women on death row in Ghana and two women on death row in Sierra Leone. All eight women are sentenced to mandatory death for murder. However, interviews with the women on death row suggest that their offenses do not meet the threshold of ‘most serious crimes.’ Instead, many are convicted for acts committed in retaliation following violence against them.
- Document type Arguments against the death penalty
- Themes list Women,
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
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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,