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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

The QUNO’s report offers an updated review of differents elements of international law on the human rights of the child.

• Document type NGO report
• Themes list International law, World Coalition Against the Death Penalty,

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,

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,
• Available languages مجازﺯاﺍتﺕ اﺍعداﺍمﻡ دﺩرﺭ اﺍﯾﻳراﺍنﻥ - سﯿﻴاست دﺩوﻭلتﯽﻲ اﺍﯾﻳجادﺩ وﻭحشت - وﻭﯾﻳژهﻩ ﯾﻳازﺯدﺩهمﯿﻴن رﺭوﻭزﺯ جهانﯽﻲ ضد مجازﺯاﺍتﺕ اﺍعداﺍمﻡ

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,

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
• Available languages Instruments juridiques clés et textes adoptés sur l'abolition de la peine de mort par le Conseil de l'Europe

Published in December 2023.

In popular, intellectual and political culture, the Middle Ages are intrinsically tied to violent images of public executions. To historians of the medieval period, this temporal attachment of the death penalty to a remote period is puzzling, especially since it is still widely enforced in the world today and was only relatively recently abolished in Europe. Capital punishment is not only a part of history, but a modern-day reality. Why, therefore, do we pin this punishment to the Middle Ages? This paper aims to analyse the discourses surrounding the usage of the Middle Ages in modern discussions on the death penalty, and to clarify medieval practices of capital punishment, showing how remote they are from our contemporary understanding

• Document type Academic Article
• Countries list United Kingdom

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

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,

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,

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,

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,

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.

• Document type United Nations report
• Themes list Fair Trial, International law, Most Serious Crimes,
• Available languages الضمانات التي تكفل حماية حقوق الذين يواجهون عقوبة الإعدامМеры, гарантирующие защиту прав тех, кому грозит смертная казньGaranties pour la protection des droits des personnes passibles de la peine de mort关于保护面对死刑的人的 权利的保障措施Salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte

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,

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,

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,

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,

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 ,

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,

The signatory organizations are convinced that the death penalty is incompatible with the prohibition of torture and cruel, inhuman or degrading treatment or punishment, which is a peremptory norm of international law (jus cogens) and should thus be abolished. The death penalty is only tolerated by international law and standards to the extent that it may only be imposed for the most serious crimes and applied in a way that causes the least possible suffering. However, the signatory organizations believe that from the sentencing to the execution, the death penalty inevitably causes physical harm and psychological suffering amounting to torture or ill-treatments.

The present position paper documents the extent to which international and regional organisation have already recognised a violation of the absolution prohibitionof torture in the application and imposition of the death penalty.

• Document type NGO report / World Coalition
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment
• Available languages La peine de mort et l'interdiction de la torture et des peines ou traitements cruels, inhumains ou dégradants

The present report is submitted pursuant to decision 18/117 and resolution 42/24 of the Human Rights Council. The report focuses on consequences arising from the lack of transparency in the application and imposition of the death penalty on the enjoyment of human rights.

• Document type United Nations report
• Themes list Public Opinion 

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,

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,

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,

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,

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,

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

• Document type NGO report
• Countries list Pakistan
• Themes list Discrimination, Foreign Nationals,

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,

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,

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,

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 ,
• Available languages عقوبة الإعدام في مصر دراسة نظرية وتطبيقية في ضوء مبادئ الشريعة الإسلامية وأحكام القانون الدولي لحقوق الإنسان

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,

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,
• Available languages آخر المعاقلالقضاء على عقوبة إعدام الأحداث في إيران والمملكة العربيةالسعودية والسودان وباآستان واليمن

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 ,

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 ,

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,
• Available languages La Pena de Muerte tiene Tendencias Racistas

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,
• Available languages La Pena de Muerte Cuesta Más

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,
• Available languages La Pena de Muerte ignora las Enfermedades Mentales

Project 39A at the National Law University, Delhi published the sixth edition of the Death Penalty in India: Annual Statistics Report which provides an annual update on the use of the death penalty in India along with legislative and international developments on the issue. As on 31st December 2021, there were 488 prisoners on death row across India (a steep rise of nearly 21% from 2020), with Uttar Pradesh having the highest number at 86. This is the highest the death row population has been since 2004 as per the data from the Prison Statistics published by the National Crime Records Bureau.

• Document type Academic report
• Countries list India

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,

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

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,

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

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,

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,

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,

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,

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,

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,

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,

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,

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,

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,

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,

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,

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,

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,

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

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,

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,

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,

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,

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,

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,

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

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

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,

This Article uncovers the true costs of administering the death penalty in California by tracing how much taxpayers are spending for death penalty trials versus non–death penalty trials and for costs incurred due to the delay from the initial sentence of death to the execution.The article makes recomendations.

• Document type Article
• Countries list United States
• Themes list Sentencing Alternatives, Financial cost,

This Article identifies the woeful inefficiencies of the current procedures that have led to inexcusable delays in arriving at just results in death penalty cases and describes how California came to find itself in this untenable condition. The article makes recomendations.

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

รายงานข้อมูลการใช้โทษประหารชีวิตในปี 2554 เป็นเครื่องยืนยันว่าทั่วโลกมีแนวโน้มที่มุ่งสู่การยกเลิกโทษประหาร จำ� นวนประเทศที่มีการประหารชีวิตลดลงจากปีที่ผ่านมา และในภาพรวมมีความก้าวหน้าเกิดขึ้นในทุกภูมิภาคของโลก สหรัฐอเมริกาเป็นเพียงประเทศเดียวในกลุ่มประเทศอุตสาหกรรม G8ที่ยังมีการประหารชีวิตอยู่ มลรัฐอิลลินอยส์เป็นรัฐที่ 16 ซึ่งยกเลิกโทษประหารและในเดือนพฤศจิกายน จอห์น คิตซ์ฮาร์เบอร์ (John Kitzhaber) ผู้ว่าการมลรัฐโอเรกอนประกาศยุติการใช้โทษประหารชั่วคราว

• Document type NGO report
• Themes list Trend Towards Abolition, Statistics,
• Available languages Korean : 연례사형현황 보고서 2011 사형선고와 사형집행Death sentences and executions in 2011اعدام و صدور حکم اعدام در سال2011Condamnations à mort et executions 2011國際特赦組織 全球死刑報告 2011Condenas a muerte y ejecuciones 2011

2011년 세계 사형현황은 전세계적인 사형폐지 움직임을 잘 나타내주고 있다. 사형을 적용하는 국가의 수는 예년에 비해 더 줄어들었으며 세계 모든 지역에서 사형폐지를 향한 움직임이 있었다.미국은 G8 국가들 중 유일하게 사형을 집행했지만 일리노이 주(州)가 16번째 사형폐지주가 되었고 오레곤 주지사가 사형집행모라토리엄을 선포하는 등 일정 부분에서 발전이 있었다.

• Document type NGO report
• Themes list Trend Towards Abolition, Statistics,
• Available languages Thai : สถานการณ์โทษประหาร และการประหารชีวิต ในปี 2554Death sentences and executions in 2011اعدام و صدور حکم اعدام در سال2011Condamnations à mort et executions 2011國際特赦組織 全球死刑報告 2011Condenas a muerte y ejecuciones 2011

California’s death penalty is dead. Prosecutors, legislators and taxpayers are turning to permanent imprisonment with no chance of parole as evidence grows that the system is costly, risky, and dangerous to public safety.

• Document type NGO report
• Themes list Trend Towards Abolition,

The report shows that contrary to the majority Bench’s views and intentions in Bachan Singh, errors and arbitrariness have not been checked by the safeguards in place, and no small role in this has been played by the judges themselveswho have rarely adhered to the requirements laid down in Bachan Singh, making it clear that it is commonly the judge’s subjective discretion that eventually decides the fate of the accused-appellant.

• Document type NGO report
• Countries list India
• Themes list Due Process , Statistics,

This report describes and examines the PRC state secrets system and shows how itallows and even promotes human rights violations by undermining the rights tofreedom of expression and information. The PRC state secrets system, implementedthrough a CPC-controlled hierarchy of government bodies, is comprised of statesecrets laws and regulations that work in tandem with the PRC’s state security,criminal procedure and criminal laws, to create a complex, opaque system that controlsthe classification of—and criminalizes the disclosure or possession of—statesecrets. By guarding too much information and sweeping a vast universe of informationinto the state secrets net, the complex and opaque state secrets system perpetuatesa culture of secrecy that is not only harmful but deadly to Chinese society

• Document type NGO report
• Countries list China
• Themes list Transparency,

According to a national public opinion poll conducted in 2007, the public is losing confidence in the death penalty. People are deeply concerned about the risk of executing the innocent, about the fairness of the process, and about the inability of capital punishment to accomplish its basic purposes. Most Americans believe that innocent people have already been executed, that the death penalty is not a deterrent to crime, and that a moratorium should be placed on all executions.

• Document type NGO report
• Countries list United States
• Themes list Public opinion,

The world continued to move closer to the universal abolition of capital punishment during 2006. By the end of the year 88 countries had abolished the death penalty for all crimes. The death penalty has now been abolished in law or practice by 128 countries. Other subjects covered in this document include significant judicial decisions; the use of the death penalty against child offenders; resumptions of executions; and campaigning activities to promote abolition.

• Document type NGO report
• Themes list Statistics,
• Available languages التطورات المتعلقة بعقوبة العدام في شتى أنحاء العالم في العام ٢٠٠٦La peine de mort dans le monde : évolution en 2006LA PENA DE MUERTE EN EL MUNDO: NOTICIAS DEL AÑO 2006

This document looks back at the death penalty in 2007 beginning with the New Jersey Death Penalty Study Commission releasing its final report recommending abolition and concluding with the UN General Assembly passing a landmark resolution calling for a global moratorium. It includes death by electrocution; abolition; execution, commutation and stay of execution; mental illness; child rape as well as geographical and colour bias.

• Document type NGO report
• Countries list United States
• Themes list Networks, Statistics,
• Available languages Estados Unidos: Rompiendo con un hábito letal - Un repaso a la pena de muerte en 2007

This booklet provides hints and tips for effective e-activism. It includes chapters about the use of petitions, widgets, email use, letters, social networking sites, blogs, photos and videos as well as becoming an online volunteer.

• Document type Working with...
• Themes list Networks,
• Available languages Outils et Astuces pour un Cybermilitantisme EfficaceHerramientas y Sugerencias pars un Ciberactivismo Eficaz

과연 사형제도가 범죄를 억제할까?; 정치적 도구로 사용되는 사형; 비밀리에 이뤄지는 사형집행; 생명을 생명으로 갚아라?; 인도적인’ 살인 – 과연 ‘인도적인’ 사형집행 방식이 존재하는가?; 국제사회는 사형에 반대한다 – 전세계적인 사형제도 폐지를 향해; 국가에 의해 살해당한 사람들

• Document type Academic report
• Themes list Networks,
• Available languages The Death Penalty: The Ultimate PunishmentLa Peine de Mort: Le Châtiment SuprêmeLa Pena de Muerte: El Castigo Máximp

The purpose of this Manual for Civil Society Participation in OAS Activities, prepared by the Department of International Affairs, is to clarify the mechanisims through which CSOs can participate in OAS activities and contribute to the formulation of hemispheric policies. In addition, the Manual provides a summary of the structure and work areas of the Organization as well as the guiding principles for CSO participation.

• Document type Working with...
• Themes list Networks,
• Available languages Manual para la Participación de la Sociedad Civil en las Actividades de la OEA

Unschuldige und ihre Fälle in Kürze, mit fälschlichen Identifizierung sowie erzwungener Geständnisse.

• Document type Academic report
• Countries list United States
• Themes list Networks,

When the state decides to seek the death penalty against a criminal defendant, the cards are heavily stacked against him before the trial even starts. First, the defendant must face a jury that already assumes he is guilty simply because he has been charged with a crime. They will assume this all the more given that it is a capital case. Moreover, the jury selection process itself will produce a jury that is predisposed to vote both for guilt and for death.The purpose of this handbook is to provide some suggestions for ways to “unstack the deck” for capital defendants by challenging the state’s case in aggravation.

• Document type Academic report
• Countries list United States
• Themes list Networks,

Belarus is the last country in Europe and in the former Soviet Union that is still carrying out executions. Since gaining its independence from the USSR in 1991 Belarus has taken some significant steps towards ending the use of the death penalty. The information in this report has been gathered over more than two decades of work monitoring the practice of the death penalty in Belarus.

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

O propósito deste relatório anual sobre a Homofobia do Estado, expresso desde sua primeira edição, em 2007, é revelar e denunciar os países que, no século 21, negam às pessoas LGBTI os direitos humanos mais fundamentais: o direito à vida e à liberdade, na esperança de que, a cada ano, mais e mais países abandonem a ―comunidade‖ dos países homofóbicos.Em comparação com o relatório do ano passado, em que relacionamos os 77 países que perseguiam as pessoas com base em sua orientação sexual, no presente relatório você encontrará ‗apenas‖ 76 países nesta mesma lista, incluindo os cinco ―infames‖,que condenam as pessoas à morte com base em sua orientação sexual: Irã, Mauritânia, Arábia Saudita, Sudão e Iêmen (e algumas regiões da Nigéria e da Somália). Um país a menos, se comparado ao relatório de 2009, pode parecer um avanço insignificante, até nos darmos conta de que ele compreende 1/6 da população humana.

• Document type NGO report
• Themes list Homosexuality,
• Available languages State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adultsHomophobie d'État: Une enquête mondiale sur les lois qui interdisent la sexualité entre adultes consentants de même sexeHomofobia de Estado: Un informe mundial sobre las leyes que prohiben la actividad homosexual con consentimiento entre personas adultas

Part I of this report offers an introduction and overview of the research. Part II examines the way prosecution policies and practices have developed from 1989, the beginning of the modern federal death penalty era, through the end of 2009. Parts III, IV, and V of this report discuss the costs associated with defending a federal capital case. Section VI describes qualitative data obtained through interviews of federal judges who had presided over a federal death penalty case and experienced federal capital defense counsel on topics such as the quality of defense representation, case budgeting and case management practices, the role of experts, and the death penalty authorization process. Finally, in Sections VII and VIII, the Recommendations of the 1998 Spencer Report are reaffirmed, and the Commentary associated with those recommendations is updated to reflect the past 12 years of experience with federal capital litigation.

• Document type NGO report
• Countries list United States
• Themes list Financial cost,

According to a new report by the American Civil Liberties Union (ACLU) entitled, “Slamming the Courthouse Doors: Denial of Access to Justice and Remedy in America,” many states severely restrict access to justice for capital defendants and limit the availability of remedies to correct errors. The problem of inadequate counsel continues to pervade death penalty systems across the country: “Few states provide adequate funds to compensate lawyers for their work or to investigate cases properly. In addition to inadequate funding, the majority of death-penalty states lack adequate competency standards. Many states require only minimal training and experience for attorneys handling death penalty cases, and in some cases capital defense attorneys fail to meet the minimum guidelines for capital defense set by the American Bar Association (ABA),” according to the ACLU. The report also states that the absence of a right to counsel in post-conviction appeals leaves capital defendants with few options to address serious errors during their trial.

• Document type NGO report
• Countries list United States
• Themes list Networks,

Test your knowledge of human rights and the death penalty in the U.S. with our downloadable quiz.

• Document type Campaigning
• Themes list Country/Regional profiles,

The tide is turning in the United States from death sentences to permanent imprisonment. A growing number of states are choosing permanent imprisonment over the death penalty, fueled by growing concerns about the wrongful conviction of innocent people and the high costs of the death penalty in comparison to permanent imprisonment. In 2009, the number of new death sentences nationwide reached the lowest level since the death penalty was reinstated in 1976. California lags behind in this national trend. The Golden State sent more people to death row last year than in the seven preceding years. By the close of 2009, California’s death row was the largest and most costly in the United States.

• Document type NGO report
• Countries list United States
• Themes list Sentencing Alternatives, Networks,

This report draws on in-depth interviews with 42 opinion leaders on the death penalty, their knowledge of the criminal justice system, the likelihood of abolition and how that could be achieved. They represent the fields of politics, public service, law, religion, civil society, academia, and defence.

• Document type NGO report
• Countries list Zimbabwe
• Themes list Public opinion,

• Document type International law - United Nations
• Available languages

Spring 2020 edition of Death Row USA, on the situation of the death penalty in the USA as of April 2020

• Document type NGO report
• Countries list United States
• Themes list Statistics,

Oral Statement from Amnesty International during the Panel on Children of Parents Sentenced to the Death Penalty or Executed, Human Rights Council, 24th Session.

• Document type Campaigning
• Themes list Juveniles, International law, Death Penalty,

Six months after the 7th World Congress against the Death Penalty, ECPM is proud to announce the publication of the Proceedings of the Brussels Congress. This unpublished, documented and illustrated book reports on the rich debates held during the Congress and discusses the new associative and political dynamics promoted in this context.

• Document type Multimedia content
• Themes list Member organizations, World Coalition Against the Death Penalty, Country/Regional profiles,

Hukuman mati dikekalkan di bawah undang-undang Malaysia untuk lebih 30 kesalahan dan selalu di laksanakan untuk kesalahan2 seperti- mengedar dadah- yang tidak sampai batas sempadan “jenayah paling serius”, yang mana perlaksanaan hukuman ini mesti di bataskan di bawah undang2 dan standard antarabangsa. Sehingga September 2019, lebih dari 1,290 orang telah di hokum mati. Kajian Amnesty International telah mengetengahkan beban hukuman mati dia Malaysia yang sebahagian besarnya terpikul di bahu pesalah yang disabitkan dengan kesalahan mengedar dadah, yang mana termasuklah wanita dan rakyat asing.

• Document type NGO report
• Countries list Malaysia
• Themes list Women, Death Row Conditions, Country/Regional profiles,
• Available languages 致命的缺陷 - 为何马来西亚必须废除死刑Defectos mortales - Por qué Malasia debe abolir la pena de muerteFatally flawed: Why Malaysia must abolish the death penaltyDéfaillances mortelles: Pourquoi la Malaisie doit abolir la peine de mort

Meskipun telah banyak penelitian telah dilakukan terkait dengan administrasi peradilan dalam kasus-kasus hukuman mati di Indonesia, hanya sedikit penelitian tentang kondisi penahanan seseorang yang dijatuhi hukuman mati di sebuah negara. Penelitian ini adalah salah satu penelitian pertama yang berfokus pada kondisi penahanan narapidana yang di hukum mati di Indonesia. Laporan ini bertujuan untuk memberikan suara kepada mereka yang mengalami hukuman mati di Indonesia dan juga pendapat dari keluarga mereka, bersamaan dengan mendokumentasikan situasi mereka.

• Document type NGO report
• Countries list Indonesia
• Themes list Death Row Conditions, Country/Regional profiles,
• Available languages Dehumanized: The Prison Conditions of People Sentenced to Death in Indonesia

• Document type NGO report
• Countries list Pakistan
• Themes list Legal Representation, Networks, Death Penalty, Country/Regional profiles,

Information gathered by Reprieve andpublished for the first time in this reportexposes how counter-narcotics aidprovided to Iran and Pakistan by Europeangovernments has ended up enabling andencouraging death sentences and executionsfor drug offences in those countries. Thereport’s findings are the product of two yearsof research, synthesising unpublished deathrow data obtained from Iranian and Pakistaniprisons with data on European counter-narcotics aid delivered through the UnitedNations Office on Drugs and Crime (UNODC).

• Document type NGO report
• Themes list Drug Offences, Networks, Statistics,

This report is a result of death row prisoner data from 38 prisons across Pakistan’s four provinces(Balochistan, Khyber Pakhtunkhwa (‘KPK ’),Punjab and Sindh. For most of Pakistan, the data runs to December 2012, thereby covering all those who are presently subject to execution dates. However, the report reflects further data on the province of Sindh running to October 2014

• Document type NGO report
• Countries list Pakistan
• Themes list Death Penalty, Country/Regional profiles,

This report updates Amnesty International’s Breaking the law: Crackdown on human rights lawyers and legal activists in China (ASA 17/042/2009) published in 2009. It makes little mention of death penalty but it is an excellent source on the situation of human rights lawyers in China.

• Document type NGO report