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Document(s)

The Death of the American Death Penalty

By L. Koch / Northeastern University Press / J. Galliher, on 1 January 2012


2012

Book

United States


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A new book by Larry Koch, Colin Wark and John Galliher discusses the status of the death penalty in the U.S. in light of recent legislative activity and court decisions. In The Death of the American Death Penalty, the authors examine the impact of factors such as economic conditions, public sentiment, the role of elites, the media, and population diversity on the death penalty debate.

  • Document type Book
  • Countries list United States
  • Themes list Public opinion, Public debate,

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

fr
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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(s)

What Strategies Towards the Abolition of the Death Penalty in West Africa? : Report of the Symposium in Dakar

By FIACAT, on 1 January 2012


2012

NGO report


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The regional seminar on the abolition of the death penalty in West Africa took place inDakar (Senegal) from 12-14 November 2012. This workshop brought together nineteenACAT members affiliated to FIACAT. It was therefore possible for each of the nine West Afri-can ACATs1to be represented by two participants (with the exception of Senegal, whichwas represented by three members).Participants at the workshop attended lectures and had the opportunity to developnational action plans for achieving abolition in their countries. According to feedbackreceived at the end of the seminar, attendees found the practical nature of the lectures,and the opportunity to network with other ACATs and learn from the experiences of otherparticipants, particularly beneficial.This document is a collection of all of the lectures from the Dakar seminar, as well asinternational and African texts relating to the death penalty. It is intended as a practicaltool to assist us as we progress towards abolition in Sub-Saharan Africa.

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


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

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

Document(s)

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

By Douglas Mendes / Florence Seemungal / Jeffrey Fagan / Roger Hood / The Death Penalty Project, on 1 January 2009


2009

NGO report


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

  • Document type NGO report
  • Themes list Mandatory Death Penalty,

Document(s)

Death without Justice: A Guide for Examining the Administration of the Death Penalty in the United States

By American Bar Association, on 1 January 2001


2001

Working with...


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This guide was created because of the growing flaws in the adminstration of the death penatly, it provides a guide to the death penalty administration process and vulnerable populations in death row administration.

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

Document(s)

Innocence and the Crisis in the American Death Penalty

By Death Penalty Information Center / Richard C. Dieter, on 1 January 2004


2004

NGO report


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This report catalogs the emergence of innocence as the most important issue in the long-simmering death penalty debate. The sheer number of cases and the pervasive awareness of this trend in the public’s consciousness have changed the way capital punishment is perceived around the country. The steady evolution of this issue since the death penalty was reinstated in 1976 has been accelerated in recent years by the development of DNA technology, the new gold standard of forensic investigation. This science, along with a vigorous re-investigation of many cases, has led to the discovery of a growing number of tragic mistakes and freed inmates. The evidence in this report presents a compelling case for many Americans that the risks associated with capital punishment exceed acceptable bounds. One hundred and sixteen people have been freed from death row after being cleared of their charges, including 16 people in the past 20 months. These inmates cumulatively spent over 1,000 years awaiting their freedom. The pace of exonerations has sharply increased, raising doubts about the reliability of the whole system.

  • Document type NGO report
  • Themes list Innocence,

Document(s)

The Challenge to the Mandatory Death Penalty in the Commonwealth Caribbean

By JOANNA HARRINGTON / American Journal of International Law, on 1 January 2004


Article


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The death penalty is a subject that, in the words of Justice Adrian Saunders of the Eastern Caribbean Court of Appeal, “invariably elicits passionate comment.” Such comment is particularly so within the states that make up the Commonwealth Caribbean, where rising rates of violent crime have led to strong public clamor for a swift and final response. The involvement of foreign courts and quasi-judicial international tribunals in limiting the actual use of the death penalty in the Caribbean has made the issue even more politically charged, leading to a strongly held perception that the judgments of these foreign bodies are unacceptable challenges to the very exercise of Caribbean national sovereignty.

  • Document type Article
  • Themes list Mandatory Death Penalty,

Document(s)

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

By United Nations, on 1 January 2001


2001

United Nations report

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The report shows an encouraging trend towards abolition and restriction of the use of capital punishment in most countries. It also shows that much remains to be done in the implementation of the safeguards guaranteeing protection of the rights of persons facing the death penalty in those countries that retain it.

Document(s)

Does the Rest of the World Matter? Sovereignty, International Human Rights Law and the American Death Penalty

By Oko Elechi / Eric Lamber / Alan W. Clarke / Queen's Law Journal / Laurie Anne Whitt, on 1 January 2004


2004

Article

United States


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American officials have indicated that extra efforts will be used to ensure that captured terrorist suspects face the death penalty. Secretary of Defense Donald Rumsfeld has stated that the U.S. military will “try to prevent enemy leaders from falling into the hands of peacekeeping troops from allied nations that might oppose capital punishment.” Americans should be troubled to learn that the United States is out of step with an emerging worldwide consensus that the death penalty, even for the most heinous terrorist, “has no legitimate place in the penal systems of modern civilised societies.” As of July 2004, 117 nations were abolitionist in law or in practice, while only 80 retained the death penalty. The entire Council of Europe–45 nations ranging from Iceland to Russia–now constitutes a death penalty free zone.

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

Document(s)

Shadow Report on the Death Penalty in the United States of America for the CERD

By The Advocates for Human Rights / Puerto Rican Coalition against the Death Penalty / Greater Caribbean For Life, on 1 January 2014


2014

NGO report


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This report for consideration during the85th Session of the United Nations Committee on the Elimination of Racial Discrimination addresses five main issues with regard to the United States’ use of the death penalty and how the death penalty disproportionately affects minorities in the United States.

  • Document type NGO report
  • Themes list Discrimination,

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


2003

Article

United States


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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)

The Death Penalty in Japan: The Law of Silence – Going Against the International Trend

By Florence Bellivier / International Federation for Human Rights (FIDH) / Dan Van Raemdonck / Jiazhen Wu, on 8 September 2020


2020

NGO report

Japan

fr
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This report is the outcome of a fact-finding mission conducted by FIDH in July 2008, in order to assess the measures taken by the Japanese government to implement the recommendations made by a previous investigation, conducted in 2003.The conclusions of the report are appalling. According to Florence Bellivier, General Secretary of FIDH “Japan continues to condemn criminals to death, and incarcerate them up for decades, in prisons where secrecy and isolation are commonplace, in total disregard of the world opinion”. In addition, the rhythm of the executions has accelerated over the recent years. “2008 has been a record year, with more executions this year than in any other of the last fifteen years. We are witnessing a real step backwards” added Dan Van Raemdonck, Vice-President of FIDH. Thirteen persons have been executed since the beginning of the year, and 102 are currently on death row. There has not been a single retrial of a death penalty case since 1986, and no convicted prisoner has been pardoned since 1975.

Document(s)

Arguing for the Death Penalty: Making the Retentionist Case in Britain, 1945-1979

By Thomas Wright / University of York, on 1 January 2010


2010

Multimedia content

United Kingdom


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There is a small body of historiography that analyses the abolition of capital punishment in Britain. There has been no detailed study of those who opposed abolition and no history of the entire post-war abolition process from the Criminal Justice Act 1948 to permanent abolition in 1969. This thesis aims to fill this gap by establishing the role and impact of the retentionists during the abolition process between the years 1945 and 1979. This thesis is structured around the main relevant Acts, Bills, amendments and reports and looks briefly into the retentionist campaign after abolition became permanent in December 1969. The only historians to have written in any detail on abolition are Victor Bailey and Mark Jarvis, who have published on the years 1945 to 1951 and 1957 to 1964 respectively. The subject was discussed in some detail in the early 1960s by the American political scientists James Christoph and Elizabeth Tuttle. Through its discussion of capital punishment this thesis develops the themes of civilisation and the permissive society, which were important to the abolition discourse. Abolition was a process that was controlled by the House of Commons. The general public had a negligible impact on the decisions made by MPs during the debates on the subject. For this reason this thesis priorities Parliamentary politics over popular action. This marks a break from the methodology of the new political histories that study ‘low’ and ‘high’ politics in the same depth.

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

Document(s)

The Shadow of the Gallows: The Death Penalty and the British Labour Government, 1945-51

By Victor Bailey / Law and History Review, on 1 January 2000


2000

Article

United Kingdom


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Exactly what went wrong and why is the theme of this article. How and why did the Labour government, despite its massive majority in Parliament and a long-standing commitment to abolition, fail to get rid of the death penalty? Why was this “window of opportunity” to abolish capital punishment shut for another decade and a half? The answers to these questions will be sought primarily in the realm of government and Parliament.

  • Document type Article
  • Countries list United Kingdom
  • Themes list Public opinion, Public debate,

Document(s)

Note verbale dated 11 January 2008 from the Permanent Missions to the United Nations of Afghanistan, Antigua and Barbuda, […] and Zimbabwe addressed to the Secretary-General

By United Nations, on 8 September 2020


2020

United Nations report

Afghanistan

Antigua and Barbuda

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

China

Comoros

Democratic People's Republic of Korea

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Fiji

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Japan

Jordan

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Maldives

Mauritania

Mongolia

Moratorium

Myanmar

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Suriname

Syrian Arab Republic

Thailand

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

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The Permanent Missions to the United Nations in New York listed below present their compliments to the Secretary-General of the United Nations and have the honour to refer to resolution 62/149, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 15 November 2007, and subsequently by the General Assembly on 18 December 2007 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention to existing stipulations under international law, for the following reasons:

Document(s)

Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty

By Council of Europe, on 1 January 1983


1983

Regional body report

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Document(s)

Death Penalty in Pakistan

By Justice Project Pakistan, on 10 October 2022


2022

NGO report

Pakistan


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The implementation of capital punishment has seen substantial shifts over the course of the past decade. During the period from the end of a moratorium on executions in December 2014 to August 2019, an estimated 1,800 death sentences were imposed across the entire court system and 520 people were executed. Various amendments to Pakistan’s criminal law over the past several decades have resulted in a list of 33 offenses, most of which are far removed from the definition of the “most serious crimes” under international law. A full list of offences is attached at the end of the report.

  • Document type NGO report
  • Countries list Pakistan

Document(s)

Status of signature and ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

By United Nations, on 1 January 1989


1989

NGO report

frfr
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Status of signature ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, including declarations, reservations and objections.

Document(s)

The Kentucky Death Penalty Assessment Report: Evaluating fairness and accuracy in state death panlty systems. An Analysis of Kentucky’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2011


2011

NGO report


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This report examines how state death penalty systems are functioning in design and practice and are intended to serve as the bases from which states can launch comprehensive self-examinations, impose reforms, or in some cases, impose moratoria.

  • Document type NGO report

Document(s)

THE RACIAL GEOGRAPHY OF THE FEDERAL DEATH PENALTY

By Robert J. Smith / Ben Cohen / Washington Law Review, on 1 January 2010


2010

Article

United States


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Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the expansion of the venire from the county to the district level has a dramatic demographic impact on the racial make-up of the jury. This inquiry demonstrates that the conversation concerning who should make up the jury of twelve neighbors and peers—a discussion begun well before the founding of our Constitution—continues to have relevance today. Louisiana, Missouri, Virginia and Maryland referred to.

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

Document(s)

Criminology: racial discrimination in the administration of the death penalty: the experience of the united states armed forces (1984–2005)

By David C. Baldus / Catherine M. Grosso / Northwestern University School of Law / Richard Newell, on 1 January 2012


2012

Article

United States


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This Article presents evidence of racial discrimination in the administration of the death penalty in the United States Armed Forces from 1984 through 2005.

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


2019

Multimedia content

fr
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FIACAT press release about the awareness raising workshop for permanent representatives to the African Union.

Document(s)

Note verbale dated 16 April 2013 from the Permanent Mission of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 8 September 2020


2020

United Nations report

Afghanistan

Antigua and Barbuda

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Chad

China

Democratic People's Republic of Korea

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Grenada

Guyana

India

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Mauritania

Moratorium

Myanmar

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Syrian Arab Republic

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
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The permanent missions to the United Nations in New York listed below have the honour to refer to General Assembly resolution 67/176, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 19 November 2012, and subsequently by the General Assembly on 20 December 2012 by a recorded vote. The permanent missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

Document(s)

Note verbale dated 7 September 2017 from the Permanent Mission of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 1 January 2017


2017

United Nations report

Antigua and Barbuda

Bangladesh

Barbados

Botswana

Brunei Darussalam

Chad

China

Democratic People's Republic of Korea

Egypt

Ethiopia

Grenada

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Libya

Malaysia

Maldives

Moratorium

Nigeria

Oman

Pakistan

Papua New Guinea

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Sudan

Syrian Arab Republic

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
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The Permanent Missions to the United Nations in New York listed below have the honour to refer to General Assembly resolution 71/187, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 17November 2016 and subsequently by the Assembly on 19 December 2016 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attemptto impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

Document(s)

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

By United Nations, on 1 January 2006


2006

International law - United Nations

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

Document(s)

Capital Clemency Resource Initiative

By American Bar Association, on 1 January 2018


2018

Arguments against the death penalty


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This ressource provided by the American Bar Association permits to help fill clemency petitions in the United States.

  • Document type Arguments against the death penalty
  • Themes list Clemency, Death Penalty,

Document(s)

Should Abolitionists Support Legislative “Reform” of the Death Penalty?

By Carol S. Steiker / Jordan M. Steiker / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


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We assessed the Court’s reformist project on its own terms, asking whether the Court achieved the goals explicit or tolerated, if not invited, the inequalities and capriciousness characteristic of the pre-Furman era. We also argued that, apart from its failure on its own terms, the Supreme Court’s reformist regulation of capital punishment might well have carried an additional unanticipated cost. Whereas abolitionists initially sought judicial regulation of the death penalty as at least a first step towards abolition, judicial reform actually may have helped to stabilize the death penalty as a social practice. We argued that the appearance of intensive regulation of state death penalty practices, notwithstanding its virtual absence, played a role in legitimizing the practice of capital punishment in the eyes of actors both within and outside the criminal justice system, and we pointed to some objective indicators—such as the dramatic decline in the use of executive clemency in the post-Furman era[12] —as support for this thesis. Implicit in Furman and the 1976 foundational cases. Our assessment was not a positive one. Although the reformist approach spawned an extraordinarily intricate and detailed capital punishment jurisprudence, the resulting doctrines were in practical terms largely unresponsive to the underlying concerns for fairness and heightened reliability that had first led to the constitutional regulation of the death penalty. We described contemporary capital punishment law as the worst of all possible worlds. Its sheer complexity led to numerous reversals of death sentences and thus imposed substantial costs on state criminal justice systems. On closer inspection, however, the complexity concealed the minimalist nature of the Court’s reforms.

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

Document(s)

2012 Report – Moratorium on the use of the death penalty

By United Nations, on 3 August 2012


2012

United Nations report

Moratorium

aresfrruzh-hant
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The present report is submitted to the General Assembly pursuant to its resolution 65/206. It discusses the trend towards abolition of the death penalty and the establishment of a moratorium on execution. The report also reflects on the application of international standards relating to the protection of the rights of those facing the death penalty. It further discusses the importance of making available relevant information with regard to the use of the death penalty, which can contribute to transparent national debates and international and regional initiatives for the promotion of the universal abolition of the death penalty.

Document(s)

FHRI and PRI submission to the UN Sec-Gen report on the status of the death penalty in East Africa – Kenya and Uganda April 2012

By Penal Reform International, on 8 September 2020


2020

NGO report

Kenya


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Two trends accompanying the abolition of the death penalty give reason for concern: there is a striking increase in offences that carry the sanction of life imprisonment as the sanction which typically replaces the death penalty following abolition or a moratorium of the death penalty; and a striking increase in prisoners serving this indefinite sentence. Secondly, a differential, harsher treatment is applied to them as compared to other categories of prisoners. At the same time, the development of international standards in any affirmative–if not legally binding– form are lacking. As a consequence states are more frequently enforcing a form of punishment problematic in terms of international human rights standards and norms.

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

Document(s)

Note verbale dated 13 September 2019 from the Permanent Representative of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 15 October 2020


2020

United Nations report

Bahrain

Bangladesh

Botswana

Brunei Darussalam

Chad

China

Democratic People's Republic of Korea

Egypt

Ethiopia

Grenada

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Libya

Moratorium

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Sudan

Syrian Arab Republic

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
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The Permanent Missions to the United Nations inNew York listed below have the honour to refer to General Assembly resolution 73/175, entitled “Moratorium on the use of the death penalty”, which was adopted by the Assembly on 17 December 2018 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

Document(s)

Evaluating fairness and accuracy in state death penalty systems: The Missouri Death Penalty Assessment Report

By American Bar Association, on 1 January 2012


2012

NGO report


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This study reflect on the aspects of fairness and accuracy as foundation of the American criminal justice system. As the Supreme Court of the United States has recognized, these goals are particularly important in cases in which the death penalty is sought. A system cannot claim to provide due process or protect the innocent unless it offers a fair and accurate system for every person who faces the death penalty.

  • Document type NGO report
  • Themes list Due Process , Country/Regional profiles,

Document(s)

PRIMER ON TRANSGENDER INDIVIDUALS FACING THE DEATH PENALTY

By World Coalition Against the Death Penalty; FIACAT; The Advocates for Human Rights; Cornell Center on the DP Worldwide, on 30 June 2021


2021

Campaigning

Women

fr
More details Download [ pdf - 450 Ko ]

On 10 October 2021, the World Coalition Against the Death Penalty and other abolitionist organizations worldwide will celebrate the 19th World Day Against the Death Penalty.

This year the World Day is dedicated to women who risk being sentenced to death, who have received a death sentence, who have been executed, and to those who have had their death sentences commuted, have been exonerated or pardoned. Included in this theme, are trans women and other gender diverse individuals, who are a minority on death row but who are discriminated against on the basis of gender.

Capital punishment disproportionately targets socially marginalized individuals; it is no different for transgender people, who may face discrimination in every aspect of their lives.

Document(s)

America Without the Death Penalty: States Leading the Way

By John F. Galliher / Larry W. Koch / Northeastern / Teresa J. Guess, on 1 January 2002


2002

Book

United States


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

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

Document(s)

Fair Trial Standards in the Maldives (World Day Against the Death Penalty 2020)

By World Coalition Against the Death Penalty, Maldivian Democracy Network , on 10 August 2021


2021

Campaigning

Fair Trial

Legal Representation

Maldives


More details Download [ pdf - 435 Ko ]

For the 18th World Day Against the Death Penalty this year is dedicated to the right to effective legal representation for individuals who face death sentences around the world. The theme of access to counsel reinforces the importance of fair trial standards in every legal system and judicial context.

  • Document type Campaigning
  • Countries list Maldives
  • Themes list Fair Trial / Legal Representation

Document(s)

The Decline of Juvenile Death Penalty: Scientific Evidence of Evolving Norms

By Valerie West / Jeffrey Fagan / Journal of Criminal Law and Criminology, on 1 January 2004


2004

Article

United States


More details See the document

In 2003, the Missouri Supreme Court set aside the death sentence of Christopher Simmons, who was 17 when he was arrested for the murder of Shirley Crook. The Simmons court held that the “evolving standards of decency” embodied in the Eighth Amendment’s prohibition of cruel and unusual punishments barred execution of persons who committed capital crimes before their 18th birthday. This decision was based in part on the emerging legislative consensus in the states opposing execution of juvenile offenders and the infrequency with which the death penalty is imposed on juvenile offenders. The State sought a writ of certiorari, and the case is now before the U.S. Supreme Court. This article presents results of analyses of empirical data on the use of the death penalty for adolescent homicide offenders in state courts in the U.S. since 1990. The data shows that, since 1994, when death sentences for juvenile offenders peaked, juvenile death sentences have declined significantly. In particular, the decline in juvenile death sentences since 1999 is statistically significant after controlling for the murder rate, the juvenile homicide arrest rate, and the rate of adult death sentences. This downward trend in juvenile death sentences signals that there is an evolving standard in state trial courts opposing the imposition of death sentences on minors who commit capital offenses.

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

Document(s)

High-level panel discussion on the question of the death penalty

By United Nations / Office of the High Commissioner for Human Rights (OHCHR) , on 1 January 2019


2019

International law - United Nations

rufrzh-hantes
More details See the document

The Report of the UN Hugh Commissioner for human Rights provides a summary of the high-level discussion on the question of the death penalty, held on 4 March 2015, at the twenty-fifth session of the Council. The aim of the panel discussion was to exchange views on the question of the death penalty, and to address regional efforts aiming at the abolition of the death penalty and the challenges faced in that regard.

Document(s)

2016 Report – Moratorium on the use of the death penalty

By United Nations, on 8 September 2020


2020

United Nations report

rufrzh-hantes
More details See the document

The present report is submitted to the General Assembly pursuant to its resolution 69/186. It discusses developments towards the abolition of the death penalty and the establishment of moratoriums on executions. The report also reflects on trends in the use of the death penalty, including the application of international standards relating to the protection of the rights of those facing the death penalty. It also discusses the role of national human rights institutions and private companies, as well as regional and international initiatives for advancing the abolition of the death penalty.

Document(s)

Executing the will of the voters: a roadmap to mend or end the California Legislature’s Milti-billion-dollar death penalty debacle

By Judge Arthur L. Alarcón / Loyola of Los Angeles Law Review / Paula M. Mitchell, on 8 September 2020


Article

United States


More details See the document

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,

Document(s)

Turning the tide in the Caribbean: towards an end to the death penalty

By Amnesty International, on 1 January 2013


2013

Campaigning


More details See the document

This toolkit is for activists working towards the abolition of the death penalty in the English-speaking Caribbean. Drawing on many years of Amnesty International’s work to promote all human rights and to oppose violations of those rights, including the death penalty, it provides practical tips and suggestions for advocacy and campaigning. It sets out key arguments and relevant international human rights standards and provides information about resources that activists can use to strengthen and broaden the campaign against the death penalty in the English-speaking Caribbean.

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

Document(s)

Fighting Against the Death Penalty in the Arab World

By Mona Chamass / World Coalition Against the Death Penalty, on 1 January 2010


2010

NGO report

arfr
More details Download [ pdf - 1019 Ko ]

This report has three broad sections. the first sets out the state of play of this issue in the 22 countries concerned. As well as the latest political developments, it examines the various national, regional and international protagonists. Particular attention has been paid to seven countries: Algeria, Jordan, lebanon, Morocco and tunisia in view of their legal progress towards abolition; and Egypt and Yemen for the energy of their abolitionist players. The second section identifies and analyses the relevant arguments against use of the death penalty, including the religious argument. Finally, the last section discusses the outlook for the future and suggests action and recommendations to strengthen the abolitionist movement. the report’s main aim is to encourage regional and sub-regional currents.

Document(s)

Condemning the Other in Death Penalty Trials: Biographical Racism, Structural Mitigation, and the Empathic Divide

By Craig Haney / DePaul Law Review, on 1 January 2004


2004

Article

United States


More details See the document

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

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

Document(s)

Ohio’s Death Penalty Statute: The Good, the Bad, and the Ugly

By Ohio State Law Journal / Kelly L. Culshaw, on 1 January 2002


2002

Article

United States


More details See the document

As of November 2001, 203 men sit on Ohio’s death row. With the executions of Wilford Berry on February 19, 1999, Jay D. Scott on June 14, 2001, and John Byrd, Jr. on February 19, 2002, the death penalty in Ohio is a reality. The capital defense practitioner representing a client at trial or on appeal must be prepared to defend his or her client against that reality. To that end, this article examines the statutory framework within which capital cases are prosecuted with the express purpose of aiding defense practitioners and improving the quality of capital representation in Ohio. This article analyzes both the positive and negative aspects of Ohio’s death penalty statute. To meet its twin objects, practical advice and suggested litigation strategies are intermingled with critical analysis of the law in Ohio.

  • Document type Article
  • Countries list United States
  • Themes list Legal Representation,

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-hantes
More 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(s)

Europe as an International Actor: Friends Do Not Let Friends Execute: The Council of Europe and the International Campaign to Abolish the Death Penalty

By Sangmin Bae / International Politics, on 1 January 2008


2008

Article

Ukraine


More details See the document

This article investigates the way in which the Council of Europe enforced the norm against capital punishment in Europe. The Council of Europe, through both moral persuasion and centripetal pressure, compelled its member states to adopt the regionally promoted human rights standard. Ukraine, where the very last execution in Europe took place, accepted the norm after a number of years of resistance and in the face of public opposition to abolition. It was possible because of the adamant role of the Council of Europe in attempting to build a death penalty-free zone in Europe and Ukraine’s strategic will to be integrated within the European regional community.

  • Document type Article
  • Countries list Ukraine
  • Themes list Trend Towards Abolition,

Document(s)

The lethal injection quandary: how medicine has dismantled the death penalty

By Deborah W. Denno, on 1 January 2007


2007

Article

United States


More details See the document

On February 20, 2006, Michael Morales was hours away from execution in California when two anesthesiologists declined to participate in his lethal injection procedure, thereby halting all state executions. The events brought to the surface the long-running schism between law and medicine, raising the question of whether any beneficial connection between the professions ever existed in the execution context. History shows it seldom did. Decades of botched executions prove it. This Article examines how states ended up with such constitutionally vulnerable lethal injection procedures, suggesting that physician participation in executions, though looked upon with disdain, is more prevalent— and perhaps more necessary —than many would like to believe. The Article also reports the results of this author’s unique nationwide study of lethal injection protocols and medical participation. The study demonstrates that states have continued to produce grossly inadequate protocols that severely restrict sufficient understanding of how executions are performed and heighten the likelihood of unconstitutionality. The analysis emphasizes in particular the utter lack of medical or scientific testing of lethal injection despite the early and continuous involvement of doctors but ongoing detachment of medical societies. Lastly, the Article discusses the legal developments that led up to the current rush of lethal injection lawsuits as well as the strong and rapid reverberations that followed, particularly with respect to medical involvement. This Article concludes with two recommendations. First, much like what occurred in this country when the first state switched to electrocution, there should be a nationwide study of proper lethal injection protocols. An independent commission consisting of a diverse group of qualified individuals, including medical personnel, should conduct a thorough assessment of lethal injection, especially the extent of physician participation. Second, this Article recommends that states take their execution procedures out of hiding. Such visibility would increase public scrutiny, thereby enhancing the likelihood of constitutional executions. By clarifying the standards used for determining what is constitutional in Baze v. Rees, the U.S. Supreme Court can then provide the kind of Eighth Amendment guidance states need to conduct humane lethal injections.

  • Document type Article
  • Countries list United States
  • Themes list Methods of Execution, Lethal Injection,

Document(s)

The death penalty and society in contemporary China

By Wang Yunhai / Punishment ans Society 10(2), 137-151, on 1 January 2008


2008

Article

China


More details See the document

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

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

Document(s)

Human Rights Council, 39th session – Question of the death penalty

By United Nations, on 8 September 2020


2020

NGO report


More details See the document

Pursuant to Human Rights Council decision 18/117, the present report is submitted to update previous reports on the question of the death penalty. In his report the Secretary-General confirms that the trend towards the universal abolition of the death penalty is continuing. During the reporting period, initiatives limiting the use of the death penalty and implementing the safeguards guaranteeing protection of the rights of those facing the death penalty were also recorded in several States. A minority of States continued to use the death penalty, in contravention of international human rights law. As requested by the Council in its resolution 22/11, the report also includes information on the human rights of children of parents sentenced to the death penalty or executed.

  • Document type NGO report
  • Themes list Juveniles, Death Penalty,

Document(s)

Unfair trials report II: the death penalty is not the common value of Asia

By Taiwan Alliance to End the Death Penalty, on 1 January 2015


2015

Article

zh-hant
More details See the document

This report highlights the death penalty situation and executions in Asian countries between 2010 and 2013. It also gives an overview over the legal protection measures for the mentally impaired and intellectually disabled in Asian countries where the death penalty is used. Furthermore, we have listed Asian countries that have acceded to the ICCPR and its Second Optional Protocol. We have also collected excerpts from international human rights documents. By using these documents for mutual reference, death penalty activists in Asia will be able to get a more comprehensive picture of the use of the death penalty and executions in Asian countries.

Document(s)

High-level Panel Discussion on the Question of the Death Penalty

By Human Rights Council, on 1 January 2019


2019

International law - United Nations


More details See the document

The present report is submitted pursuant to Human Rights Council resolution 30/5. It provides a summary of the high-level discussion on the question of the death penalty held on 1 March 2017 at the thirty-fourth session of the Council. The objective of the panel discussion was to continue the exchange of views on the question of the death penalty and to address violations related to the use of the death penalty, in particular with respect to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment.

  • Document type International law - United Nations
  • Themes list International law, Death Penalty, Country/Regional profiles,

Document(s)

REPORT AND RECOMMENDATIONS ON THE ADMINISTRATION OF THE DEATH PENALTY IN CALIFORNIA

By CALIFORNIA COMMISSION ON THE FAIR ADMINISTRATION OF JUSTICE, on 1 January 2008


2008

Government body report


More details See the document

This report is divided into three parts. In Part A, the Commission identifies flaws in California’s death penalty system that render it dysfunctional, and remedies we unanimously recommend to repair it. Repairing the system would enable California to achieve the national average of a twelve year delay between pronouncement of sentence and the completion of all judicial review of the sentence. In Part B, the Commission offers the Legislature, the Governor, and the voters of California information regarding alternatives available to California’s present death penalty law. The Commission makes no recommendation regarding these alternatives. In Part C, the Commission presents recommendations relating to miscellaneous aspects of the administration of California’s death penalty law. We were not able to reach unanimous agreement upon all of these recommendations, and dissents are noted where applicable. Commissioner Jerry Brown, Attorney General of California, agrees in principle with some of the Commission’s recommendations as set forth in his separate statement. Commissioner William Bratton, Chief of Police for the City of Los Angeles, abstains from the specific recommendations in this Report, and will issue a separate explanatory statement.

  • Document type Government body report
  • Themes list Networks,

Document(s)

Dealing with Punishment: Risks and Rewards in Indonesia’s Illicit Drug Trade

By Carolyn Hoyle, Death Penalty Project, on 18 April 2023


2023

NGO report

Drug Offenses

Indonesia


More details See the document

In 2020-2021, The Death Penalty Project, in partnership with Community Legal Aid Institute, LBH Masyarakat, commissioned The Death Penalty Research Unit (DPRU) at the University of Oxford, in association with University Centre of Excellence HIV/AIDS Research Centre-HPSI at Atma Jaya Catholic University of Indonesia (AJCU), to conduct the research building empirical knowledge on who is being convicted for drug offences and uncover the factors that have influenced their motivations and decision making. Interviews were conducted on 57 prisoners from a prison in Jakrata, Indonesia, all convicted for drug offences. This is the first stage of a larger mapping project, which will interview those convicted of drug offences and sentenced to death or life in prisons across Indonesia and Southeast Asia. It also compliments our two part opinion study on attitudes on capital punishment in Indonesia.

  • Document type NGO report
  • Countries list Indonesia
  • Themes list Drug Offenses

Document(s)

Infographic: the Death Penalty in the Americas

By IACHR , on 1 January 2014


2014

Multimedia content


More details See the document

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

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

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)

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)

The death penalty in Africa

By Dirk van Zyl Smit / African Human Rights Law Journal, on 1 January 2004


2004

Article


More details See the document

This article examines the situation of the death penalty in Africa. It does so byaddressing three main questions: First, to what extent is the death penalty inAfrica in fact an issue about which one should be particularly concerned?Second, what are the restrictions on the death penalty in Africa? Third, whatis to be done to strengthen the restrictions on the death penalty in Africa? Inaddition, the article examines the question whether article 4 of the AfricanCharter on Human and Peoples’ Rights and its related provisions will inspirethe abolition of the death penalty. It is suggested that challenging mandatorydeath sentences, advancing procedural challenges, open debate onalternatives to the death penalty, and improving the national criminaljustice system will strengthen restrictions on the death penalty in Africa. Thearticle concludes that positive criminal justice reform rather than moralisticcondemnation is the most effective route to the eventual abolition of thedeath penalty in Africa.

  • Document type Article
  • Themes list Networks,

Document(s)

The Death Penalty in 2014 : Year End Report

By Death Penalty Information Center, on 1 January 2014


2014

NGO report


More details See the document

On December 18, DPIC released its annual report on the latest developments in capital punishment, “The Death Penalty in 2014: Year End Report.” In 2014, 35 people were executed, the fewest in 20 years. Death sentences dropped to their lowest level in the modern era of the death penalty, with 72 people sentenced to death, the smallest number in 40 years. Just seven states carried out executions, and three states (Texas, Missouri, and Florida) accounted for 80% of the executions. The number of states carrying out executions was the lowest in 25 years. Seven people were exonerated from death row this year, including three men in Ohio, who were cleared of all charges 39 years after their convictions, the longest time among all death row exonerees. There have now been 150 people exonerated from death row since 1973. “The relevancy of the death penalty in our criminal justice system is seriously in question when 43 out of our 50 states do not apply the ultimate sanction,” said Richard Dieter, DPIC’s Executive Director and the author of the report. “The U.S. will likely continue with some executions in the years ahead, but the rationale for such sporadic use is far from clear.”

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

Document(s)

Foreign Nationals on Death Row

By The University of Oxford Death Penalty Research Unit, led by Professor Carolyn Hoyle, along with a network of human rights NGOs, including The Death Penalty Project, Eleos Justice, Harm Reduction International, Justice Project Pakistan, Project 39a, and ADPAN, on 8 December 2022


2022

Multimedia content


More details See the document

The University of Oxford Death Penalty Research Unit, led by Professor Carolyn Hoyle, along with a network of human rights NGOs, including The Death Penalty Project, Eleos Justice, Harm Reduction International, Justice Project Pakistan, Project 39a, and ADPAN, have cooperated on a mapping project of foreign nationals at risk of capital punishment in Asia and the Middle East, initially funded by the ESRC.
These regions have a disproportionate number of migrants and others without citizenship detained for capital offences, including those convicted for drug crimes. Building on research, knowledge and expertise within the network, this collaborative database aims to collate and make available information on foreign nationals executed or under sentence of death.

  • Document type Multimedia content

Document(s)

Chivalry is Not Dead: Murder, Gender, and the Death Penalty

By Naomi R. Shatz / Steven F. Shatz / University of San Francisco, on 1 January 2011


2011

Article

United States


More details See the document

Chivalry – that set of values and code of conduct for the medieval knightly class – has long influenced American law, from Supreme Court decisions to substantive criminal law doctrines and the administration of criminal justice. The chivalrous knight was enjoined to seek honor and defend it through violence and, in a society which enforced strict gender roles, to show gallantry toward “ladies” of the same class, except for the women of the knight’s own household, over whom he exercised complete authority. This article explores, for the first time, whether these chivalric values might explain sentencing outcomes in capital cases. The data for the article comes from our original study of 1299 first degree murder cases in California, whose death penalty scheme accords prosecutors and juries virtually unlimited discretion in making the death-selection decision. We examine sentencing outcomes for three particular types of murder where a “chivalry effect” might be expected – gang murders, rape murders and domestic violence murders. In cases involving single victims, the results were striking. In gang murders, the death sentence rate was less than one-tenth the overall death sentence rate. By contrast, in rape murder cases, the death sentence rate was nine times the overall death sentence rate. The death sentence rate for single-victim domestic violence murders was roughly 25% lower than the overall death sentence rate. We also examined, through this study and earlier California studies, more general data on gender disparities in death sentencing and found substantial gender-of-defendant and gender-of-victim disparities. Women guilty of capital murder are far less likely than men to be sentenced to death, and defendants who kill women are far more likely to be sentenced to death than defendants who kill men. We argue that all of these findings are consistent with chivalric norms, and we conclude that, in the prosecutors’ decisions to seek death and juries’ decisions to impose it, chivalry appears to be alive and well.

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

Document(s)

Position Paper No. 2 on the Abolition of the Death Penalty

By Kenya National Commission on Human Rights, on 1 January 2007


2007

Government body report


More details See the document

This paper outlines the case for abolition of the death penalty in Kenya from a human rights perspective, including the position of the National Commissionon the subject. It seeks to persuade the public, and policy makers on the need to abolish capital punishment. Informed by the various theories of punishmentand human rights principles, the paper addresses arguments by the proponents of the death penalty; builds a case for abolition of the death penalty; andfi nally makes recommendations to policy makers and other stakeholders for necessary action towards abolition of the death penalty.

  • Document type Government body report
  • Themes list Trend Towards Abolition, Country/Regional profiles,

Document(s)

International Legal Trends and the Mandatory Death Penalty in the Commonwealth Caribbean

By Saul Lehrfreund / Oxford University Commonwealth Law Journal, on 1 January 2001


2001

Article


More details See the document

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

  • Document type Article
  • Themes list Mandatory Death Penalty,

Document(s)

Is it Time to Kill the Death Penalty?: A View from the Bench and the Bar

By Lupe S. Salinas / American Journal of Criminal Law, on 1 January 2006


2006

Article

United States


More details See the document

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

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

Document(s)

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

By United Nations, on 1 January 2006


International law - United Nations


More details See the document

The present report contains information covering the period from January 2004 to December 2005. The report indicates that the trend towards abolition of the death penalty continues; this is illustrated, inter alia, by the increase in the number of countries that are completely abolitionist and by the increase in ratifications of international instruments that provide for the abolition of this punishment.

  • Document type International law - United Nations
  • Themes list Trend Towards Abolition,

Document(s)

Death Penalty: Majority of States Continue to Support UN Call for Moratorium on Executions at Committee Vote

on 1 January 2020


2020

NGO report

Antigua and Barbuda

Congo

Democratic Republic of the Congo

Djibouti

Dominica

Eswatini

Guinea

Lebanon

Libya

Nauru

Niger

Pakistan

Philippines

Republic of Korea

Sierra Leone

Solomon Islands

South Sudan

Tonga

Uganda

Zimbabwe


More details See the document
  • Document type NGO report
  • Countries list Antigua and Barbuda / Congo / Democratic Republic of the Congo / Djibouti / Dominica / Eswatini / Guinea / Lebanon / Libya / Nauru / Niger / Pakistan / Philippines / Republic of Korea / Sierra Leone / Solomon Islands / South Sudan / Tonga / Uganda / Zimbabwe

Document(s)

The Death Penalty: A Worldwide Perspective

By Roger Hood / Oxford University Press, on 1 January 2014


2014

Book


More details See the document

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

  • Document type Book
  • Themes list Trend Towards Abolition,

Document(s)

Growing up on death row. The death penalty and juvenile offenders in Iran

By Amnesty International, on 1 January 2016


2016

NGO report


More details See the document

Two decades after Iran ratified the Convention on the Rights of the Child, the authorities continue to show contempt for one of its core principles – the prohibition of the death penalty for juvenile offenders (people younger than 18 at the time of the crime). Indeed, Iran tops the grim global table of executioners of juvenile offenders.The report analyses the Iranian Penal System with regard to juvenile offenders, acknowledges the reforms, presents the recent trends and points out the major shortcomings that still need to be addressed in view of a full compliance of the Islamic Republic of Iran with the international standards.

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

Document(s)

Question of the death penalty: Report of the Secretary-General 2014

By United Nations, on 8 September 2020


2020

NGO report


More details See the document

Pursuant to Human Rights Council decision 18/117, the present report is submittedin order to update previous reports on the question of the death penalty. The reportconfirms that the trend towards the universal abolition of the death penalty is continuing.However, numerous concerns remain with regard to the lack of respect for internationalhuman rights norms and standards in States that still impose the death penalty. Asrequested in Human Rights Council resolution 22/11, the report also includes informationon the human rights of children of parents sentenced to the death penalty or executed

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

Document(s)

The Death Penalty in the OSCE Area – Background Paper 2018

By Organization for Security and Co-operation in Europe (OSCE), on 8 September 2020


NGO report


More details See the document

OSCE participating States have made a number of commitments regarding the death penalty, including to consider the potential abolition of capital punishment. In light of these commitments and its mandate, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) monitors trends and new developments regarding human rights standards and practices among OSCE participating States related to the death penalty. The findings are presented each year in the Background Paper on the Status of the Death Penalty in the OSCE Area. The background paper is based on the information provided by participating States, in the form of responses to ODIHR questionnaires.

  • Document type NGO report
  • Themes list Death Penalty, 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


2019

NGO report


More details See the document

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)

The Death Penalty in the US in 2015 : Year End Report

By Death Penalty Information Center, on 1 January 2015


2015

NGO report


More details See the document

The use of the death penalty in the U.S. declined by virtually every measure in 2015. The 28 executions this year marked the lowest number since 1991. As of December 15, fourteen states and the federal government have imposed 49 new death sentences this year, a 33% decline over last year’s total and the lowest number since the early 1970s when the death penalty was halted by the U.S. Supreme Court. Only six states conducted executions this year, the fewest number of states in 27 years. Eighty-six percent of executions this year were concentrated in just three states: Texas (13), Missouri (6), and Georgia (5). Executions in 2015 declined 20 percent from 2014, when there were 35. This year was the first time in 24 years that the number of executions was below 30.

  • Document type NGO report
  • Themes list Trend Towards Abolition, Statistics, Country/Regional profiles,

Document(s)

The Death Penalty in Lesotho: The Law and Practice

By Moses O A Owori / British Institute of International and Comparative Law, on 1 January 2004


2004

NGO report


More details See the document

The first part of the paper looks at the national law governing the death penalty vis-à-vis international standards; the second part of the paper identifies the problems one encounters at the pretrial, trial and post trial stages and examines the attempts to solve some of these problems; the final part looks at present trends in the application of the death penalty and draws tentative conclusions as to the future prospects of the death penalty in Lesotho.

  • Document type NGO report
  • Themes list Due Process ,

Document(s)

Courtroom Contortions: How America’s application of the death penalty erodes the principle of equal justice under law

By Anthony G. Amsterdam / American Prospect, on 8 September 2020


2020

Article

United States


More details See the document

One cost this country pays for the death penalty is that its courts are constantly compelled to corrupt the law in order to uphold death sentences. That corruption soils the character of the United States as a nation dedicated to equal justice under law.This is not the only price we pay for being one of the very few democracies in the world that retains capital punishment in the 21st century. But it is a significant item on the cost side of the cost-benefit ledger, something that each thinking person ought to balance in deciding whether he or she supports capital punishment. And it warrants discussion because this cost is little understood. I have spent much of my time for the past 40 years representing death-sentenced inmates in appeals at every level of the state and federal judicial systems, and I am only lately coming to realize how large a tax the death penalty imposes on the quality of justice in those systems.

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

Document(s)

Manifesto for a Protocol to the African Charter on the abolition of the death penalty

By International Federation for Human Rights (FIDH) / FIACAT, on 1 January 2014


2014

Working with...


More details See the document

Continental Conference on the Death Penalty2-4 July 2014, Cotonou, BeninHuman Rights Organisations’ Manifesto for a Protocolto the African Charter on the Abolition of the Death Penalty in Africa

  • Document type Working with...
  • Themes list International law,

Document(s)

Behind the Curtain: Secrecy and the Death Penalty in the United States

By Death Penalty Information Center, on 1 January 2018


2018

NGO report


More details See the document

This report documents the laws and policies that states have adopted to make information about executions inaccessible to the public, to pharmaceutical companies, and to condemned prisoners. It describes the dubious methods states have used to obtain drugs, the inadequate qualifications of members of the execution team, and the significant restrictions on witnesses’ ability to observe how executions are carried out.

  • Document type NGO report
  • Themes list Transparency, Lethal Injection, Death Penalty,

Document(s)

The abolition of the death penalty in the United Kingdom. How it happened and why it still matters

By Death Penalty Project / Julian B. Knowles QC, on 1 January 2015


2015

NGO report


More details See the document

Drawing on his own extensive advocacy experience in individual death row cases, Knowles traces the history of capital punishment in the UK, and in particular, the sequence of events that led to its abolition and analyses the impact that domestic and international law would have on any attempt to reintroduce it.Many lessons can be learnt from the United Kingdom’s experience. The movement to abolition was brought about by a combination of factors, including Parliamentary campaigning; changing attitudes towards social and penal affairs; and significantly, public disquiet over three controversial executions in the 1950s and a shocking series of miscarriages of justice cases that came to light in subsequent years.

  • Document type NGO report
  • Themes list Trend Towards Abolition, Country/Regional profiles,

Document(s)

Tessie Hutchinson and the American System of Capital Punishment

By Earl F. Martin / Maryland Law Review, on 1 January 2000


2000

Article

United States


More details See the document

The story focuses on Tessie Hutchinson, who was selected by the communal lottery for execution; her only sin was to live in a village that had the tradition of stoning one of its inhabitants each year. This paper suggests some ways that the life of America’s death penalty mirrors the art of “The Lottery.” The author comments on the “masking of evil,” the execution of the innocent, the arbitrariness in selecting those who die, the search for justification, and the brutality of the death penalty. In “The Lottery,” the tradition of the stoning was so embedded in tradition and its administration was so formal and precise that the ultimate outcome of the tradition, the killing of a fellow human being, was sanitized and unexamined. In America, the net effect of the bureaucratization of executions is to give those who implement them and those who receive reports of them a sense of sterility and mundaneness that should never accompany the state’s killing of its own. Although proponents of capital punishment in America argue that the chances that an innocent person will be executed are slim, history shows that it has occurred. It was no comfort to Tessie Hutchinson that she was to be the only member of her village to be stoned that year. So it is no comfort to the innocent who are executed that each is only one of a small number of innocent people who have been killed by the state. The arbitrariness of the lottery in selecting who will be executed may not be so obvious in the selection of those who will be killed by the state in America. Still, random and arbitrary circumstances impact who is selected to be executed, circumstances such as the race and wealth of the defendant, the race of the victim, the quality of the defense counsel, the particular trial judge, and the State in which the crime occurs. Although there is no unequivocal evidence that the death penalty achieves some monumentally positive benefit for American society, support for it by the community persists, along with its brutality and cruelty. It is difficult to avoid the conclusion that a “thinly veiled cruelty keeps the custom alive.”

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

Document(s)

Death penalty – Beyond abolition

By Council of Europe / Hugo Adam Bedau / Peter Hodgkinson / Roger Hood / Robert Badinter / Michel Forst / Anne Ferrazzini / Eric Prokosch / H.C Krüger / C. Ravaud / Sir Nigel Rodley / Renate Wohlwend / Yoshihiro Yasuda / Anatoly Pristavkin, on 8 September 2020


2020

Book

France


More details See the document

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

  • Document type Book
  • Countries list France

Document(s)

The Death Penalty in Africa : The Path Towards Abolition

By Ashgate Publishing / Aimé Muyoboke Karimunda, on 1 January 2014


2014

Book


More details See the document

Human development is not simply about wealth and economic well-being, it is also dependent upon shared values that cherish the sanctity of human life. Using comparative methods, archival research and quantitative findings, this book explores the historical and cultural background of the death penalty in Africa, analysing the law and practice of the death penalty under European and Asian laws in Africa before independence. Showing progressive attitudes to punishment rooted in both traditional and modern concepts of human dignity, Aimé Muyoboke Karimunda assesses the ground on which the death penalty is retained today. Providing a full and balanced appraisal of the arguments, the book presents a clear and compelling case for the total abolition of the death penalty throughout Africa.

  • Document type Book
  • Themes list Trend Towards Abolition,

Document(s)

Question of the death penalty: Report of the Secretary-General 2016

By United Nations, on 1 January 2016


2016

International law - United Nations


More details See the document

Pursuant to Human Rights Council decision 18/117, the present report is submitted to update previous reports on the question of the death penalty. The report confirms that the trend towards the universal abolition of the death penalty is continuing. However, a minority of States continued to use the death penalty in contravention of international human rights law. As requested in Human Rights Council resolution 22/11, the present report also includes information on the human rights of children of parents sentenced to the death penalty or executed.

  • Document type International law - United Nations
  • Themes list Trend Towards Abolition,

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)

The Death Penalty in North Korea: In the machinery of a totalitarian State

By International Federation for Human Rights (FIDH) / Speedy Rice, on 1 January 2012


2012

NGO report


More details See the document

The death penalty is a violation of the right to life; however, its use in the DPRK has, overthe years, been particularly extensive and substantially different from other countries. Thisis partly due to the DPRK’s totalitarian system, characterized by widespread and systematichuman rights violations that aim at maintaining social order and political control.While the government of the Republic of Korea (also known as South Korea) has retained thedeath penalty, it is considered to be abolitionist in practice, having carried out no executionssince December 1997. By contrast, the DPRK has consistently used the death penalty, and hasnever allowed any organization to investigate the matter. Nevertheless, information derivedfrom witness observations and the few existing reliable reports, reveal thousands of executionssince the 1950s, with the largest numbers in the 1990s and the 2000s. Since 2010, dozens ofpeoplehavebeenexecuted.TheDPRK’sintensesecrecyjustifiestheconclusionthattheselargenumbersarelowerthantheactualfiguresinreality.

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

Document(s)

The Future of the Federal Death Penalty

By Rory K. Little / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


More details See the document

On May 16, 2001, the federal government carried out its first execution for a criminal offense in over 38 years (Timothy McVeigh). This article (part of a symposium issue) examines recent developments in the administration of the federal death penalty, in the legislative, judicial, and executive (Department of Justice) arenas. While not an abolitionist, the author expresses misgivings about federal capital punishment as it is currently administered, updating statistics regarding racial and geographic disparity from his 1999 article “The Federal Death Penalty: History and Some Thoughts About the Department of Justice’s Role,”. The article also explains “What the Supreme Court Got Wrong in Jones,” (1999). Finally, the international implications of the first execution by the federal government in two generations are explored. No longer can the United States shift its internationally isolated position regarding capital punishment onto its constituent states under a theory of independent federalism. Note: This is a description of the paper and not the actual abstract.

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

Document(s)

Let the Lord Sort Them. The Rise and Fall of the Death Penalty

By Maurice Chammah, on 27 January 2021


2021

Book

Public Opinion 

United States


More details See the document

Maurice Chammah (The Marshall Project) explores the rise and fall of capital punishment in Texas where it appears to durably decline in spite of the state’s long use of the death penalty.

  • Document type Book
  • Countries list United States
  • Themes list Public Opinion 

Document(s)

Myths and Facts about the Death Penalty

By Death Penalty Focus, on 1 January 2009


2009

Arguments against the death penalty


More details See the document

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

  • Document type Arguments against the death penalty
  • Themes list Networks,

Document(s)

India: Lethal Lottery: The Death Penalty in India – A study of Supreme Court judgments in death penalty cases 1950-2006

By Amnesty International / Bikram Jeet Batra, on 8 September 2020


2020

NGO report

India


More details See the document

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,

Document(s)

Determinants of the Death Penalty: A Comparative Study of the World

By Carsten Anckar / Routledge, on 1 January 2004


2004

Book


More details See the document

Determinants of the Death Penalty seeks to explain the phenomenon of capital punishment – without recourse to value judgements – by identifying those characteristics common to countries that use the death penalty and those that mark countries which do not. This global study uses statistical analysis to relate the popularity of the death penalty to physical, cultural, social, economical, institutional, actor oriented and historical factors. Separate studies are conducted for democracies and non-democracies and within four regional contexts. The book also contains an in-depth investigation into determinants of the death penalty in the USA.

  • Document type Book
  • Themes list Networks,

Document(s)

End the Death Penalty, Mike Farrell on Meet the Bloggers

By Meet the Bloggers / YouTube, on 1 January 2008


2008

Arguments against the death penalty


More details See the document

Meet the Bloggers talks about the death penalty with two anti death penalty campaigners. The cases of Troy Davis and Montell Johnson are discussed and issues such as discrimination, retribution, the cost of the death penalty, religion and sentencing alternatives are touched upon. Short clips on the Death Penalty in Mexico, Amnesty Internationals campaign and how you can help fight the death penalty are all discussed here.

  • Document type Arguments against the death penalty
  • Themes list Networks,

Document(s)

Locked up and Forgotten: The Need to Abolish the Death Penalty in Ghana

By Amnesty International, on 1 January 2017


2017

NGO report


More details See the document

Death sentences in Ghana continue to be imposed. At the end of 2016, 148 people were on death row, all sentenced to death for murder. While the last executions were carried out in July 1993, there is no official moratorium on executions in Ghana. Research carried out by Amnesty International in Ghana has highlighted concerns with the use of the death penalty, access to fair trial rights and poor prison conditions. Amnesty International calls on the Ghanaian authorities to commute the death sentences of all people on death row and to abolish the death penalty for all crimes.

  • Document type NGO report
  • Themes list Public debate, Death Penalty, Country/Regional profiles,

Document(s)

Exploring the Effects of Altitudes Toward the Death Penalty on Capital Sentencing Verdicts

By Kevin O’Neil / Psychology, Public Policy and Law / Marc W. Patry / Steven D. Penrod, on 1 January 2004


2004

Article

United States


More details See the document

Attitudes toward the death penalty are multifaceted and strongly held, but little research outside of the death-qualification literature has focused on the role that such attitudes and beliefs play in jurors’ capital sentencing verdicts. A single item is insufficient to properly measure attitudes toward the death penalty; therefore, a new 15-item, 5-factor scale was constructed and validated. Use of this scale in 11 studies of capital jury decision making found a large effect of general support of the death penalty on sentencing verdicts as well as independent aggravating effects for the belief that the death penalty is a deterrent and the belief that a sentence of life without parole nonetheless allows parole. These effects generally were not completely mediated by, nor did attitudes moderate the effects of, aggravating and mitigating factors.

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

Document(s)

The Death Penalty in Malaysia: Public opinion on the mandatory drug trafficking, murder and firearm offences

By Roger Hood / The Death Penalty Project, on 1 January 2013


2013

NGO report


More details See the document

This study reports the findings of a major public opinion survey of the views of a representative sample of 1,535 Malaysian citizens on this issue. A large majority said they were in favour of the death penalty, whether mandatory or discretionary: 91% for murder, 74 to 80% for drug trafficking depending on the drug concerned, and 83% for firearms offences. Concerning the mandatory death penalty, a majority of 56% said they were in favour of it for murder, but only between 25% and 44% for drug trafficking and 45% for firearms offences. When asked to say what sentences they would themselves impose on a series of ‘scenario’ cases, all of which were subject to a mandatory death sentence, a large gap was found between the level of support ‘in theory’ and the level of support when faced with the ‘reality

  • Document type NGO report
  • Themes list Capital offences, Public opinion, Retribution, Trend Towards Abolition, Innocence, Mandatory Death Penalty,

Document(s)

Imprisoned by the Past: Warren McCleskey and the American Death Penalty

By Jeffrey L. Kirchmeier / Oxford University Press, on 1 January 2015


2015

Book

United States


More details See the document

Imprisoned by the Past: Warren McCleskey and the American Death Penalty examines the long history of the American death penalty and its connection to the case of Warren McCleskey, revealing how that case marked a turning point for the history of the death penalty. In this book, Jeffrey L. Kirchmeier explores one of the most important Supreme Court cases in history, a case that raised important questions about race and punishment, and ultimately changed the way we understand the death penalty today.

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

Document(s)

The Report of the Oklahoma Death Penalty Review Commission

By The Constitution Project, on 1 January 2016


2016

NGO report


More details See the document

The Oklahoma Death Penalty Review Commission (Commission) came together shortly after the state of Oklahoma imposed a moratorium on the execution of condemned inmates. In late 2015, Oklahoma executions were put on hold while a grand jury investigated disturbing problems involving recent executions, including departures from the execution protocols of the Department of Corrections. The report of the grand jury, released in May of 2016, was highly critical and exposed a number of deeply troubling failures in the final stages of Oklahoma’s death penalty

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

Document(s)

The Political Sociology of the Death Penalty: A Pooled Time-Series Analysis

By Jason T. Carmichael / David Jacobs / American Sociological Review, on 1 January 2002


2002

Article

United States


More details See the document

Despite the interest in the death penalty, no statistical studies have isolated the social and political forces that account for the legality of this punishment. Racial or ethnic threat theories suggest that the death penalty will more likely be legal in jurisdictions with relatively large black or Hispanic populations. Economic threat explanations suggest that this punishment will be present in unequal areas. Jurisdictions with a more conservative public or a stronger law and order Republican party should be more likely to legalize the death penalty as well. After controlling for social disorganization, region, period, and voilent crime, panel analyses suggest that minority presence and economic inequality enhance the likelihood of a legal death penalty. Conservative values and Republican strength in the legislature have equivalent effects; A supplement time-to-event analysis supports these conclusions. The results suggest that a political approach has explanatory power because threat effects expressed through politics and effects that are directly political invariable account for decisions about the legality of capital punishment.

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

Document(s)

Commonwealth of Independent States: Positive trend on the abolition of the death penalty but more needs to be done

By Amnesty International, on 1 January 2006


2006

NGO report


More details See the document

On 28 November the meeting of the heads of the states in the Commonwealth of Independent States takes place in Minsk, Belarus. On the eve of the meeting Amnesty International calls on the heads of CIS states to put the issue of the abolition of the death penalty high on their agenda and to do all within their power to make the region a death penalty-free zone. Amnesty international is concerned that the conditions on death row in the region fall far short of international standards.

  • Document type NGO report

Document(s)

Against the death penalty: international initiatives and implications

By Richard C. Dieter / Sangmin Bae / Seema Kandelia / William A. Schabas / Lilian Chenwi / Peter Hodgkinson / Roger Hood / Lina Gyllensten / Nicola Machean / Jane Marriott / Julian Killingley / Quincy Whitaker / Jon Yorke (ed) / Ashgate Publishing Limited / Rachael Stokes, on 1 January 2008


2008

Book

China


More details See the document

This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse.The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the ‘death row phenomenon’ and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.

  • Document type Book
  • Countries list China
  • Themes list International law,

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


More details See the document

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)

UPR Pre-Session Statement on the Death Penalty in Iran

By Iran Human Rights (IHR) / World Coalition Against the Death Penalty, on 1 January 2014


NGO report


More details See the document

This statement is delivered on behalf of the World Coalition against the Death Penalty (WCADP), Iran Human Rights (IHR), Abdorrahman Boroumand Foundation,The Advocates for Human Rights, an NGO with special consultative status, and Association for Human Rights in Kurdistan of Iran-Geneva.The statement addresses the following issues: (1) extensive use of the death penalty(official and unofficial figures); (2) the death penalty against juvenile offenders; (3) public executions; (4) the death penalty for murder or “qesas/retribution;” (5) the death penalty for drug-related charges, and; (6) the death penalty for other non-violent offenses.

  • Document type NGO report
  • Themes list Juveniles, Minorities, International law, Capital offences, Right to life, Drug Offences, Hanging, Stoning,