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Document(s)

Texas Death Penalty Developments in 2022: The Year in Review

By Texas Coalition to Abolish the Death Penalty, on 16 December 2022


2022

NGO report

United States


More details See the document

Use of the death penalty in Texas remained near historic low levels in 2022, with juries sentencing two people to death and the State executing five people. Three other scheduled executions were stayed by the Texas Court of Criminal Appeals (CCA). Overall, the eight execution dates set for 2022 were the fewest in Texas since 1996.
Despite their low number, the executions set and carried out in 2022 raise troubling issues about the fairness and utility of the death penalty. Four of the men put to death, including 78-year-old Carl Wayne Buntion, suffered from physical or mental impairments or histories of childhood trauma, while two maintained their innocence of the crimes for which they were convicted.

  • Document type NGO report
  • Countries list United States

Document(s)

Race Discrimination and the Legitimacy of Capital Punishment: Reflections on the Interaction of Fact and Perception

By George Woodworth / David C. Baldus / DePaul Law Review, on 1 January 2004


2004

Article

United States


More details See the document

The authors analyze data concerning race discrimination in capital sentencing and data regarding how the public perceives this issue. They conclude that race discrimination is not an inevitable feature of all death penalty systems. Before Furman v. Georgia was decided in 1972, widespread discrimination against black defendants marred the practice of capital punishment in America. According to studies cited by the authors, race-of-defendant discrimination has lessened since Furman. However, race-of-victim discrimination remains a significant factor in sentencing; defendants with white victims are at a significantly higher risk of being sentenced to death and executed than are defendants whose victims are black, Asian, or Hispanic. From 1976 to 2002, the proportion of white-victim cases among all murder and non-negligent manslaughter cases has ranged between 51% and 56%. However, 81% of executed defendants had white victims. Polling data indicate that the general public perceives only one form of race discrimination in the use of the death penalty – race-of-defendant discrimination – and that the public and elected officials may see racial discrimination as inevitable in the criminal justice system. Race of victim discrimination is a pervasive problem in the death penalty system. However, race discrimination is not inevitable. If serious controls were enacted to address this problem (such as those imposed in a few states) a fairer system could result.

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

Document(s)

Death Penalty in Pakistan

By Justice Project Pakistan, on 10 October 2022


2022

NGO report

Pakistan


More details See the document

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)

Deterrence and the Death Penalty Guide

By The Death Penalty Project, on 1 November 2022


2022

NGO report

Public Opinion 


More details See the document

The most common justification for the retention of the death penalty among the minority of states that continue to sentence to death and execute individuals who are found guilty of committing certain serious offences is a belief that this punishment has a unique deterrent effect. The Death Penalty Project produced this resource on deterrence and the death penalty.

  • Document type NGO report
  • Themes list Public Opinion 

Document(s)

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

By John H. Blume, Samuel F. Leibowitz, on 1 September 2022


2022

Academic report

Cruel, Inhuman and Degrading Treatment and Punishment

United States


More details See the document

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

  • Document type Academic report
  • Countries list United States
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment

Document(s)

Matters of Judgment

By National Law University, New Delhi Press, on 1 January 2017


2017

Academic report


More details See the document

The aim of this study was to explore the opinions of former judges of the Supreme Court of India on the death penalty and more generally on the state of India’s criminal justice system as far as it was relevant to the death penalty. The study did not focus on the position that former judges took on the death penalty but was instead interested in understanding the reasons they saw for both abolition and retention. In addition to exploring those reasons, the study also wanted to map the understanding of the ‘rarest of rare’ doctrine among former judges and get insights into the manner in which judicial discretion is exercised in death penalty cases. Finally, we wanted to locate all these discussions on the death penalty in the context of an evaluation of the criminal justice system by the former judges.

  • Document type Academic report
  • Themes list Networks, Death Penalty, Country/Regional profiles,

Document(s)

Death sentences and executions in 2009

By Amnesty International, on 1 January 2010


2010

NGO report

arfres
More details See the document

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

Document(s)

Examining Public Opinion about Crime and Justice: A Statewide Study

By Eric Johnston / Barbara Sims / Criminal Justice Policy Review, on 1 January 2004


2004

Article

United States


More details See the document

As noted by Flanagan (1996), public opinion polls about crime and justice can act as a social barometer providing important data to policy makers regarding what the public is willing, or is not willing, to accept when it comes to proposed legislation and/or intervention programming. This paper reports findings from the 2001 Penn State Poll, a random telephone survey of Pennsylvanians, 18 years of age or older, in which citizens were asked about their attitudes toward and perceptions of such issues as fear of crime, capital punishment, the most important goal of prison, and where they would most like to see their tax dollars spent (building more prisons vs. early intervention programs with troubled youth). Significant differences were found within certain demographic groups across these sets of questions, and in a predictive model, gender, race/ethnicity, and education had a greater impact on citizens’ support for capital punishment than did their fear of crime. Overall, findings suggest that the public is not as punitive as it is sometimes believed to be by legislators and policy makers.

  • Document type Article
  • Countries list United States
  • Themes list Public opinion,

Document(s)

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

By Dr. Mohamed Al Ghamry / Arab Penal Reform Organization APRO, on 1 January 2008


2008

NGO report

ar
More details See the document

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

Document(s)

Public Opinion on the Death Penalty in China: Results from a General Population Survey Conducted in Three Provinces in 2007/08

By Shenghui Qi / Dietrich Oberwittler / Max Planck Institute for Foreign and International Criminal Law, on 1 January 2008


Article

China


More details See the document

The present project is concerned with the significant role that public opinion plays in the debate surrounding the death penalty and criminal policy in the People’s Republic of China, including possible public reaction to any planned abolishment of the death penalty. How is public opinion on the death penalty exhibited in China? What influence does public opinion on the death penalty have on legislative and judicial practice in China? The principal goal of the project is to analyze the links that exist between public opinion, criminal policy, legislation and legal practice, and to initiate attitudinal changes amongst political and legal actors as well as the public at large. A further objective is to guide Chinese criminal law reform, particularly with regard to a possible reduction in the number of capital offences, against the background of the ratification of the International Covenant on Civil and Political Rights

  • Document type Article
  • Countries list China
  • Themes list Public opinion,

Document(s)

Geometrical Justice: The Death Penalty in America

By Scott Phillips and Mark Cooney, on 12 October 2022


2022

Book

United States


More details See the document

In their new book, released in the Summer of 2022, University of Denver criminology and sociology professor Scott Phillips and University of Georgia sociologist Mark Cooney apply the concept of “social geometry,” developed in the 1970s by sociologist Donald Black, to analyze outcomes of capital cases. After reviewing extensive data collected in connection with the landmark Baldus Study of capital sentencing in Georgia and from the national Capital Jury Project, they conclude that the sentencing outcomes in the cases in those databases support key principles of Black’s theory: the higher the social status of the victim and the lower the social status of the defendant, the more likely a death sentence will be imposed.

  • Document type Book
  • Countries list United States

Document(s)

Let’s Make a Deal: Waiving the Eighth Amendment by Selecting a Cruel and Unusual Punishment

By Jeffrey L. Kirchmeier / Connecticut Law Review, on 1 January 2000


2000

Article

United States


More details See the document

This Article addresses the issue of whether a criminal defendant may waive the Eighth Amendment prohibition on cruel and unusual punishments by selecting an unconstitutional punishment over a constitutional punishment. The Article begins with a discussion of the Supreme Court’s Eighth Amendment jurisprudence, followed by a discussion of areas where the Court has allowed defendants to waive Eighth Amendment protections in various contexts. Then, the Article discusses court decisions that have addressed whether one may waive Eighth Amendment protections by choosing a cruel and unusual punishment. Generally, this issue has arisen in three contexts: (1) where defendants are given the punishment option of banishment; (2) where sex offenders are given the punishment option of castration; and (3) where capital defendants are given an execution method option that violates the constitution. The Article explains that at least in the context of punishment type, a defendant’s choice should not waive Eighth Amendment protections. First, the ban on cruel and unusual punishments is a right that differs significantly from other constitutional criminal rights because it serves a broad societal purpose. Second, the waiver of this right differs from the waiver of other criminal rights because such waivers do not benefit the individual or society. Finally, to allow such waivers would strip the Eighth Amendment of meaning by permitting legislatures to create any punishment options it desired. Therefore, the Article concludes that the Eighth Amendment ban on cruel and unusual punishments cannot be waived by an individual.

  • Document type Article
  • Countries list United States
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment,

Document(s)

Legislators’ Opinions on the Death Penalty in Taiwan

on 24 March 2022


2022

NGO report

Public Opinion 

Taiwan

zh-hant
More details See the document

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

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

Key findings:

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

Document(s)

Life, Death and the Crime of Crimes: Supreme Penalties and the ICC Statute

By William A. Schabas / Punishment and Society, on 1 January 2000


2000

Article


More details See the document

The attitude of international law and practice to supreme penalties has evolved enormously over the past half-century. At Nuremberg, in 1946, capital punishment was imposed upon Nazi war criminals. But at the Rome Conference in 1998, when the international community provided for the establishment of the International Criminal Court, not only was capital punishment excluded, the text also limited the scope of life imprisonment. These changes were driven principally by evolving norms of international human rights law. The first changes became apparent in the early work of the International Law Commission on the Code of Crimes against the Peace and Security of Mankind, during the 1950s. When criminal prosecution returned to the international agenda, in the late 1980s and early 1990s, there was widespread agreement to exclude capital punishment. But at the Rome Conference, a relatively small and geographically isolated group of States made an aggressive attempt to defend capital punishment. Ultimately unsuccessful, their efforts only drew attention to a growing rejection of both capital punishment and life imprisonment in international and national legal systems

  • Document type Article
  • Themes list Networks,

Document(s)

Showing Remorse: Reflections on the Gap between Expression and Attribution in Cases of Wrongful Conviction

By Richard Weisman / Canadian Journal of Criminology and Criminal Justice, on 1 January 2004


2004

Article

Canada


More details See the document

This paper seeks first to show that persons who are convicted of crimes can be perceived as either remorseful or as lacking in remorse. This division establishes a moral hierarchy that has profound implications for the characterization and disposition of persons who are so designated. Second, using both Canadian and American cases, it looks at how inclusion in the category of the unremorseful affects the characterization and disposition of those who have been wrongfully convicted. Finally, it suggests that remorse is a major site of conflict between persons who are wrongfully convicted and officials within the criminal justice system, conflict that involves the use of institutional pressure to encourage the expression of remorse, on the one hand, and the mobilization of individual resources to resist those expressions.

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

Document(s)

Capital Punishment in Context

By Death Penalty Information Center, on 8 September 2020


2020

Campaigning


More details See the document

Capital Punishment in Context contains several cases of individuals who were sentenced to death in the United States. Each case presents a narrative account of the individual’s crime, trial and punishment, along with guidelines for analysis, discussion and further research on issues raised by the case. The narratives are supplemented by resources such as original police reports from the homicide investigation and transcripts of testimony from witnesses. After reading the case, you can further explore issues by following a series of links to new information. Each case, along with the related materials, delineates a path through the criminal justice system. At every stage of the process, questions are raised about how the system works. These questions can lead to an analysis of key topics, such as the quality of legal representation for criminal defendants, the risk of wrongful convictions, the role of capital jurors, judicial independence, and the role that race may play in the criminal justice system.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Restraints on Death Penalty in Europe: A Circular Process

By Stefano Manacorda / Journal of International Criminal Justice, on 1 January 2003


2003

Article


More details See the document

That the European area is a zone free of capital punishment is the result of a complex process of restraints that has evolved over the last 50 years. Domestic, regional and universal international law, as well as certain components within each level, have influenced each other to produce a dynamic, circular movement towards abolition. Starting from the internal level, restraints on the death penalty rose up to the regional and universal levels, and then descended back down into domestic law. This process, however, has not produced a completely closed circle, and certain countries in Europe retain legislation permitting recourse to the death penalty for certain crimes, especially war crimes and, according to recent interpretations, criminal offences related to terrorist activity. Extradition or other administrative mechanisms of expulsion also illustrate potential disjunctions in the circle, as they may allow persons to be transferred to retentionist countries. Even though the legislative framework has significantly evolved in the last few years, the dominant role played by political evaluations creates new fissures in the abolitionist circle. Only recently have new abolitionist perspectives emerged from the ‘right of interference’ in foreign death penalty cases, which some countries try to exercise when their own nationals are involved.

  • Document type Article
  • Themes list Networks,

Document(s)

Handbook of Forensic Psychiatric Practice in Capital Cases

By The Death Penalty Project / Nigel Eastman / Richard Latham / Marc Lyall / Sanya Krljes, on 1 January 2018


2018

Working with...


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The Death Penalty Project and Forensic Psychiatry Chambers have released two new publications, together providing an authoritative guide on the application of mental health law in capital cases. The resources respond to the knowledge that, in many countries that retain the death penalty, mental health issues are not being sufficiently addressed by the courts, leading to miscarriages of justice and putting vulnerable individuals at risk.This Handbook guides the reader through the role of the forensic psychiatrist in criminal proceedings and key principles of mental health law.

  • Document type Working with...
  • Themes list Death Penalty,

Document(s)

Global Prison Trends 2018

By Penal Reform International, on 1 January 2018


NGO report


More details See the document
  • Document type NGO report
  • Themes list Trend Towards Abolition, Sentencing Alternatives, Death Penalty, Statistics,

Document(s)

Portuguese : Homofobia do Estado: Uma pesquisa mundial sobre legislações que proíbem relações sexuais consensuais entre adultos do mesmo sexo

By Daniel Ottosson / International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), on 8 September 2020


2020

NGO report

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

Document(s)

جماربو حنِملاو ق

By She was convicted for infanticide in 1895 and became the only woman ever hanged in New Zealand. He was a young lad from Bluff who was shot for desertion in World War I. Now Minnie Dean and Victor Spencer share their stories with you—just hours before their planned executions by the state., on 1 January 2013


2013

Working with...


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يق |ناسنلإا قوقحل ةيماسلا ةدحتملا مملأا ةيضوفم بتكم / | |2013||externe | | http://www.ohchr.org/Documents/AboutUs/CivilSociety/OHCHRFundsGuide_ar.pdf|OHCHR-2013|Academic report|International law, Networks, |
en12671|OHCHR Practical Guide for Civil Society: Human Rights Funds, Grants and Fellowships|This Practical Guide – the fourth in the series of practical guides for civil society – provides a brief description of funding sources, grants and fellowships administered by or with the participation of the Office of the United Nations High Commissioner for Human Rights (OHCHR). |Office of the United Nations High Commissioner for Human Rights / | |2013||externe | | http://www.ohchr.org/Documents/AboutUs/CivilSociety/OHCHRFundsGuide_en.pdf|OHCHR-2013|Academic report|International law, Networks, |
en12670|Fighting for Their Lives: Inside the Experience of Capital Defense Attorneys|How do attorneys who represent clients facing the death penalty cope with the stress and trauma of their work? Through conversations with twenty of the most experienced and dedicated post-conviction capital defenders in the United States, Fighting for Their Lives explores this emotional territory for the first time|Susannah Sheffer / Vanderbilt University Press / | |2013|United States|externe | | http://www.susannahsheffer.com/fighting-for-their-lives.html||Book|Country/Regional profiles, |
en12669|Invers Theatre Company presents A Cry Too Far From Heaven”

  • Document type Working with...
  • Themes list Academic report

Document(s)

Justice Project Pakistan, Pakistanis Imprisoned Abroad Database

By Justice Project Pakistan (JPP), on 7 February 2024


2024

NGO report

Pakistan


More details See the document

Pakistan is counted among the countries that rely heavily on foreign remittances for economic stability and foreign reserves. However, despite its dependence on foreign remittances from migrant workers, Pakistan has done little to protect its vulnerable citizens from landing in foreign jails. As a result, Pakistan has seen a significant increase in the number of prisoners and executions abroad. Inadequate oversight and the lack of proper enforcement of existing protections is a literal death sentence for scores of Pakistanis who simply seek a better life and improved prospects for loved ones by working abroad.

  • Document type NGO report
  • Countries list Pakistan

Document(s)

The death penalty – Abolition in Europe

By Council of Europe / Peter Hodgkinson / Roger Hood / Michel Forst / Stefan Trechsel / Caroline Ravaud / Hans-Christian Kruger / Philippe Toussaint / Serguei Kovalev / Eric Prokosch / Renate Wohlwend / Roberto Toscano / Roberto Fico / Anatoly Pristavkin / Sergiy Holovatiy, on 8 September 1999


1999

Book

Czech Republic


More details See the document

Europe is the first continent in which the death penalty has been almost completely abolished. The Council of Europe has been Europe’s major defender of abolition and presently requires all countries seeking membership in its ranks to place a moratorium on the death penalty. This collection of texts by major European abolitionists includes voices from countries which have enjoyed abolition for many years, as well as from those where abolition has been a struggle against public opinion. Contributors from governments, universities and NGOs add their voices to that of the Council of Europe, explaining the achievements and the ground still to be covered in attaining total abolition in Europe. An introduction by a world expert on abolition, Roger Hood and a conclusion by Russia’s leading abolitionist Sergey Kovalev makes this volume a moving testament to the battle for abolition of the death penalty, which is already so well advanced in Europe. This collection also contains a detailed explanation of Protocol No. 6 to the European Convention on Human Rights, which deals specifically with abolition of the death penalty, as well as reports on various eastern European countries which have yet to attain complete abolitionist status.

  • Document type Book
  • Countries list Czech Republic
  • Themes list Trend Towards Abolition,

Document(s)

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

By David Garland / Belknap Press of Harvard University Press, on 8 September 2020


2020

Book

United States


More details See the document

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

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

Document(s)

Change of Heart: Justice, Mercy, and Making Peace with My Sister’s Killer

By Jeanne Bishop / Westminster John Knox Press, on 1 January 2015


2015

Book

United States


More details See the document

Jeanne Bishop has written a new book about her life and spiritual journey after her sister was murdered in Illinois in 1990. Change of Heart: Justice, Mercy, and Making Peace with My Sister’s Killer tells Bishop’s personal story of grief, loss, and of her eventual efforts to confront and reconcile with her sister’s killer. She also addresses larger issues of capital punishment, life sentences for juvenile offenders, and restorative justice. Former Illinois Governor George Ryan said of the book, “When I commuted the death sentences of everyone on Illinois’s death row, I expressed the hope that we could open our hearts and provide something for victims’ families other than the hope of revenge. I quoted Abraham Lincoln: ‘I have always found that mercy bears richer fruits than strict justice.’ Jeanne Bishop’s compelling book tells the story of how devotion to her faith took her face-to-face with her sister’s killer …. She reminds us of a core truth: that our criminal justice system cannot be just without mercy.”

  • Document type Book
  • Countries list United States
  • Themes list Murder Victims' Families,

Document(s)

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

By Elizabeth Beck / Oxford University Press / Sarah Britto / Arlene Andrews, on 1 January 2007


2007

Article

United States


More details See the document

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

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

Document(s)

Wounds That Do Not Bind: Victim-based Perspectives on the Death Penalty

By James R. Acker / David R. Karp / Carolina Academic Press, on 1 January 2006


2006

Book

United States


More details See the document

This book examines how family members and advocates for victims address the impact of capital punishment. The book presents the personal stories of victims’ family members and their interactions with the criminal justice system. It also examines the relevant areas of legal research, including the use of victim impact evidence in capital trials, how capital punishment affects victims’ family members, and what is known about addressing the needs of the survivors after a murder.

  • Document type Book
  • Countries list United States
  • Themes list Murder Victims' Families,

Document(s)

Legal Lynching: The Death Penalty and America’s Future

By Bruce Shapiro / Rev. Jesse L. Jackson / Anchor , on 8 September 2020


2020

Book

United States


More details See the document

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

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

Document(s)

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

By Peter Hodgkinson / Ashgate Publishing, on 8 September 2020


Book


More details See the document

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

  • Document type Book
  • Themes list Trend Towards Abolition, Death Penalty,

Document(s)

The International Library of Essays on Capital Punishment, Volume 1 : Justice and Legal Issues

By Peter Hodgkinson / Ashgate Publishing, on 8 September 2020


Book


More details See the document

This volume provides up-to-date and nuanced analysis across a wide spectrum of capital punishment issues. The essays move beyond the conventional legal approach and propose fresh perspectives, including a unique critique of the abolition sector. Written by a range of leading experts with diverse geographical, methodological and conceptual approaches, the essays in this volume challenge received wisdom and embrace a holistic understanding of capital punishment based on practical experience and empirical data. This collection is indispensable reading for anyone seeking a comprehensive and detailed understanding of the complexity of the death penalty discourse.

  • Document type Book
  • Themes list Death Penalty,

Document(s)

International Law and the Moral Precipice: A Legal Policy Critique of the Death Row Phenomenon

By David A Sadoff / Tulane Journal of International and Comparative Law, on 1 January 2008


2008

Article


More details See the document

This article provides an in-depth analysis of death row phenomenon.

  • Document type Article
  • Themes list Death Row Phenomenon,

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)

Mentally Ill Prisoners on Death Row: Unsolved Puzzles for Courts and Legislatures

By Richard J. Bonnie / Catholic University Law Review, on 1 January 2004


2004

Article

United States


More details See the document

This paper focuses on the problems relating to mental illness or other mental disabilities that arise after sentencing, where the underlying values at stake are the dignity of the condemned prisoner and the integrity of the law.

  • Document type Article
  • Countries list United States
  • Themes list Mental Illness, Intellectual Disability,

Document(s)

Averting Mistaken Executions by Adopting the Model Penal Code’s Exclusion of Death in the Presence of Lingering Doubts

By Margery Malkin Koosed / Northern Illinois Law Review, on 1 January 2001


2001

Article

United States


More details See the document

This article considers community views on the risk of mistaken executions and how sentencing juries respond to such risks. It explores the present state of the law surrounding risk-taking regarding lingering or residual doubt, and finds the law in a state of denial. Though the risk may be there, and jurors may see it, this is not something they are directed, or even invited, to consider. Some jurors may deny effect to the risk they see, believing it is not a proper subject of their attention. Others will consider it, yet wonder whether they should. This inconsistent treatment, and dissonance from what the public wants and justifiably expects from its legal system, is largely a product of the United States Supreme Court’s 1988 decision in Franklin v. Lynaugh. Arguably misread, and at least misguided, the Court’s decision on considering lingering or residual doubts about guilt as a mitigating factor at the penalty phase has retarded development of meaningful ways to avert mistaken executions.

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

Document(s)

Dead Innocent: The Death Penalty Abolitionist Search for a Wrongful Execution.

By Jeffrey L. Kirchmeier / Tulsa Law Review, on 1 January 2006


2006

Article

United States


More details See the document

This article examines the debate about whether or not an innocent person has been executed in the United States. The article begins by discussing several famous historical claims of wrongful execution, including Sacco & Vanzetti, the Rosenbergs, and Bruno Hauptmann. Then, the article addresses some recent claims of wrongful executions, including the case of Larry Griffin and the impact of a 2006 DNA test in the Roger Coleman case. The article evaluates why some innocence claims attract more attention than others. By recognizing two obstacles in wrongful execution claims and by establishing five lessons for gaining media attention, the article uses its historical analysis to extract strategy lessons for death penalty abolitionists. Finally, the article weighs arguments regarding the pros and cons of an abolitionist strategy that focuses on proving the innocence of executed individuals. The article concludes that wrongful execution claims provide an important argument for abolitionists, but such claims should not be presented as the main or only problem with the death penalty.

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

Document(s)

The Failed Failsafe: The Politics of Executive Clemency

By Cathleen Burnett / Texas Journal on Civil Liberties and Civil Rights, on 1 January 2003


2003

Article

United States


More details See the document

This article discusses the role of executive clemency in light of the current political environment. Attending to the political aspects of the capital litigation process gives insight into the trends in the use of executive clemency

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

Document(s)

Retribution and Redemption in the Operation of Executive Clemency

By Elizabeth Rapaport / Chicago Kent Law Review, on 1 January 2000


2000

Article

United States


More details See the document

In this Article, my goal is to raise doubts about the adequacy of the neo-retributive theory of clemency and stimulate reappraisal and development of what I will call the “redemptive” perspective. To this end I will present an exposition and critique of neo-retributive theory of clemency.

  • Document type Article
  • Countries list United States
  • Themes list Retribution, Clemency,

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)

The Death Penalty in Taiwan: Towards Abolition?

By International Federation for Human Rights (FIDH) / Sharon Hom / Penelope Martin / Siobhan Ni Chulachain, on 1 January 2006


2006

NGO report


More details See the document

This report highlights serious concerns regarding the conditions of detention of prisoners in Taiwan. Although there has been some improvement in conditions in recent years, FIDH and TAEDP report severe problems of overcrowding and inadequate medical treatment for prisoners, requiring urgent attention. In addition, the mission found that the use of shackles, in violation of international standards, is widespread. Prisoners, in particular those on death row, regularly have their legs chained together for 24 hours per day, in violation of the prohibition against cruel, inhuman and degrading treatment. Despite recent reforms to the criminal justice system, FIDH and TAEDP found that serious failings continue to lead to miscarriages of justice. The report highlights persistent problems including discrimination, limited access to legal representation, piecemeal and only partially implemented reforms and unsatisfactory appeals procedures. FIDH and TAEDP found that training and supervision for actors within the system, including police, is grossly inadequate, leading to failures in the collection and preservation of evidence, whilst prosecutors and judges are inclined to “rubber stamp” police findings.

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

Document(s)

Strengthening death penalty standards

By Penal Reform International, on 1 January 2015


2015

NGO report


More details See the document

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

  • Document type NGO report
  • Themes list International law, Legal Representation,

Document(s)

Death sentences and executions 2020

By Amnesty International , on 26 May 2021


2021

NGO report

aresfafrru
More details See the document

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

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

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

fr
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(s)

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

By Carole Berrih, Ngeow Chow Ying, ECPM, ADPAN, on 27 May 2021


2021

NGO report

Death Row Conditions 

Malaysia


More details See the document

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

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

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

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

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

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

  • Document type NGO report
  • Countries list Malaysia
  • Themes list Death Row Conditions 

Document(s)

Anything But Humane

By Amnesty International - USA, on 8 September 2020


2020

Arguments against the death penalty


More details See the document

A fact sheet on the lethal injection in the United States. This page details the process of lethal injection with statements of US health professional associations on participation in execution.

  • Document type Arguments against the death penalty
  • Themes list Lethal Injection,

Document(s)

Death Penalty for Female Offenders

By Victor Streib / Ohio Northern University, on 1 January 2009


2009

Article

United States


More details See the document

The data herein are updated as often and as quickly as possible, with the last date of entry noted on the cover page. However, given the difficulty of gathering complete information from all jurisdictions and as soon as cases develop, these reports may under-report the number of female offenders under death sentences. The subjects of these reports are female offenders sentenced to death. They are not all referred to as women, since some were as young as age fifteen at the time of their crimes. However, no such very young female offenders are currently under death sentences. —- See bottom left hand corner of web page.

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

Document(s)

The Death Penalty Is Dead Wrong: Jus Cogens Norms and the Evolving Standard of Decency

By Geoffrey Sawyer / Penn State International Law Review, on 1 January 2004


2004

Article

Nigeria


More details See the document

The conviction of Amina Lawal in Nigeria for committing adultery and sentence of death by stoning created an international outcry of support to overturn her sentence. The support she received is a reflection of the outrage many around the world feel toward this particular method of execution, and in a larger context the growing social norm that the death penalty should be abolished. As more of the world looks upon the death penalty as unfair, or cruel and unusual, or as torture, arguably, a jus cogens norm prohibiting the death penalty has developed in international law, and will ultimately be the vehicle by which the death penalty will be abolished worldwide. Part I of this comment will detail the plight of Amina Lawal, and how her situation is indicative of the globalization of human rights norms. In Part II, this comment will examine the meaning of a jus cogens norm and how it can be established in the context of capital punishment. Using human rights treaties, the law and practice of other nations, and international tribunal decisions, Part III will assert, citing other contexts, such as the “right to life,” and the already entrenched jus cogens norm prohibiting torture, that a jus cogens norm abolishing the death penalty has arguably already been established. Finally, Part IV will assess what the effect of the establishment of a jus cogens norm prohibiting capital punishment.

  • Document type Article
  • Countries list Nigeria
  • Themes list Stoning,

Document(s)

Crossing the line: Rape-murder and the death penalty

By Phyllis L. Crocker / Ohio Northern Law Review 26(3), 689-723., on 1 January 2000


2000

Article

United States


More details See the document

When a woman is raped and then murdered, it is among the most horrifying of crimes. It is also, often, among the most sensational, notorious, and galvanizing of cases. In 1964, Kitty Genovese was raped and murdered in Queens, New York. Her murder sparked soul-searching across the country because her neighbors heard her cries for help and did not respond: it made us question whether we had become an uncaring people. During the 1970s and 80s a number of serial killers raped and murdered their victims: including Ted Bundy in Florida and William George Bonin, the “Freeway Killer,” in Southern California. In the 1990s, the sexual assault-murder of seven- year-old Megan Kanka in New Jersey contributed to a firestorm of states passing sex offender notification statutes. Rolando Cruz was released from Illinois death row in 1995, after serving eleven years for a crime he did not commit: the rape and murder of ten-year-old Jeanine Nicarico. The crime itself sent shock waves through the Chicago metropolitan area and pressure to quickly solve it contributed to Cruz’s arrest and conviction. In each instance the rape- murder terrified us and made us want to impose the severest of punishments. This explores the crime and punishment of those convicted of committed rape .murder

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

Document(s)

The Death Penalty Worldwide – Developments in 2006 (With amendments)

By Amnesty International, on 8 September 2020


2020

NGO report

arfres
More details See the document

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

Document(s)

The death penalty worldwide developments in 2007

By Amnesty International, on 1 January 2008


2008

NGO report

fresar
More details See the document

In 2007 the world continued to move closer to the universal abolition of the capital punishment. A historical landmark is the resolution on a moratorium on executions endorsed by the United Nations. By the end of the 2007, 91 countries have abolished the death penalty for all crimes. The death penalty has now been abolished in law or practice by 135 countries. Other subjects covered in this report include commutations, judicial reviews, use against child offenders; and extradition.

Document(s)

Lethal Election: How the U.S. Electoral Process Increases the Arbitrariness of the Death Penalty

By Death Penalty Information Center, on 1 July 2024


2024

NGO report

Public Opinion 

United States


More details See the document

Key Findings

Elected supreme court justices in Georgia, North Carolina, and Ohio are twice as likely to affirm death penalty cases during an election year than in any other year. This effect is statistically significant when controlling for the number of cases each year.

Changing public opinion means that zealous support for the death penalty is no longer a litmus test for elected officials in many death penalty jurisdictions. Today’s elections feature viable candidates who criticize use of the death penalty and pledge reforms or even non-use, reflecting the significant decline in public support for the death penalty.

Elected governors were more likely to grant clemency in the past when they did not face voters in an upcoming election. Concerns about voter “backlash” have eased today with declining public support and low numbers of new death sentences and executions, and have led to an increased number of prisoners benefiting from clemency grants, especially mass grants, in recent years.

  • Document type NGO report
  • Countries list United States
  • Themes list Public Opinion 

Document(s)

The Truth About False Confessions and Advocacy Scholarship

By Richard A. Leo / Criminal Law Bulletin, on 1 January 2001


2001

Article

United States


More details See the document

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

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

Document(s)

Contradictions in Judicial Support for Capital Punishment in India and Bangladesh: Utilitarian Rationales

By Saul Lehrfreund / Carolyn Hoyle / Asian Journal of Criminology, on 1 January 2019


2019

Article

Bangladesh


More details See the document

This article draws on two original empirical research projects that explored judges’ opinions on the retention and administration of capital punishment in India and Bangladesh. The data expose justice systems marred by corruption, incompetence, abuses of due process, and arbitrary and inconsistent treatment of defendants from arrest through to conviction and sentencing. It shows that those with the power to sentence to death have little faith in the integrity of the criminal process. Yet, a startling paradox emerges from these studies; despite personal knowledge of its flaws, judges have trust in the death penalty to deter crime and to realise other sentencing aims and feel retention benefits society. This is explained by reference to utilitarian values. Not only did our judges express strongly utilitarian justifications for sentencing people to death, in terms of their erroneous belief in its deterrent effect, but some also articulated utilitarian justifications for misconduct in pre-trial processes, suggesting that it was necessary to break the rules to secure convictions when the system was dysfunctional and ineffective.

  • Document type Article
  • Countries list Bangladesh
  • Themes list Arbitrariness, Death Penalty,

Document(s)

Bloodsworth an Innocent Man

By Gregory Bayne, on 1 January 2015


2015

Working with...


More details See the document

BLOODSWORTH – An Innocent Man is a documentary memoir recounting Kirk Noble Bloodsworth’s remarkable journey through the criminal justice system. An innocent man convicted and sentenced to death for a crime he did not commit, Kirk became the first death row inmate exonerated by DNA evidence in the United States.Set against the backdrop of his 2013 battle to repeal the death penalty in the State that sentenced him to death, BLOODSWORTH – An Innocent Man offers an intimate glimpse into what it is to wake to a living nightmare; an innocent man caught in the perfect storm of injustice.

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

Document(s)

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

By Eric Neumayer / Human Rights Review, on 1 January 2008


2008

Article


More details See the document

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

  • Document type Article
  • Themes list Trend Towards Abolition,

Document(s)

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

By Carol S. Steiker / Annual Review of Law and Social Science, on 1 January 2020


2020

Article

United States


More details See the document

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

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

Document(s)

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

By Ensemble contre la peine de mort (ECPM) / Nestor Toko / Carole Berrih, on 8 September 2020


2020

NGO report

fr
More details See the document

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

Document(s)

The Death Penalty in the United States

By International Federation for Human Rights (FIDH) / Antoine Bernard, on 1 January 2002


2002

NGO report


More details See the document

The report indicates that most of the people sentenced to capital punishment, especially the poor and indigent, did not benefit from a fair trial, and that the conditions of detention – which is very long – constitute “cruel, inhuman and degrading treatments”. Furthermore, the FIDH fears that the possible moratoriums on the executions considered by several States only aims at improving the criminal procedures prior to the executions.

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

Document(s)

Convicting the Innocent

By Samuel R. Gross / Annual Review of Law and Social Science, on 1 January 2008


2008

Article

United States


More details See the document

Almost everything we know about false convictions is based on exonerations in rape and murder cases, which together account for only 2% of felony convictions. Within that important but limited sphere we have learned a lot in the past 30 years; outside it, our ignorance is nearly complete. This review describes what we now know about convicting the innocent: estimates of the rate of false convictions among death sentences; common causes of false conviction for rape or murder; demographic and procedural predictors of such errors. It also explores some of the types of false convictions that almost never come to light—innocent defendants who plead guilty rather than go to trial, who receive comparatively light sentences, who are convicted of crimes that did not occur (as opposed to crimes committed by other people), who are sentenced in juvenile court—in fact, almost all innocent defendants who are convicted of any crimes other than rape or murder. Judging from what we can piece together, the vast majority of false convictions fall in these categories. They are commonplace events, inconspicuous mistakes in ordinary criminal investigations that never get anything close to the level of attention that sometimes leads to exoneration.

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

Document(s)

Unjust and unfair: The death penalty in Iraq

By Amnesty International, on 1 January 2007


2007

NGO report

arfres
More details See the document

Since the reintroduction of the death penalty in August 2004 more than 270 people have been sentenced to death in Iraq. Iraq now figures among the countries with the highest numbers of executions reported in 2006. Amnesty International is concerned that many of those sentenced to death by the Central Criminal Court of Iraq did not receive a fair trial. Amnesty International calls on the Iraqi government to immediately establish a moratorium on executions with a view to total abolition of the death penalty.

Document(s)

Anniversary tool – 20th World Day

By the World Coalition Against the Death Penalty, on 8 July 2022


2022

World Coalition

arfr
More details Download [ pdf - 1689 Ko ]

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

Document(s)

Life After Sentence of Death: What Becomes of Individuals Under Sentence of Death After Capital Punishment Legislation is Repealed or Invalidated

By James R. Acker, Brian W. Stull, on 25 July 2021


2021

Academic report

United States


More details See the document

More than 2500 individuals are now under sentence of death in the United States. At the same time, multiple indicators—public opinion polls, legislative repeal and judicial invalidation of deathpenalty laws, the reduction in new death sentences, and infrequency of executions—suggest that support for capital punishment has significantly eroded. As jurisdictions abandon or consider eliminating the death-penalty, the fate of prisoners on death row—whether their death sentences, valid when imposed, should be carried out or whether these individuals should instead be spared execution—looms as contentious political and legal issues, fraught with complex philosophical, penological, and constitutional questions. This article presents a detailed account of what has happened historically to persons awaiting execution, principally within the United States but also internationally, at the time capital-punishment legislation is repealed or invalidated (either completely, or with respect to a narrow category of crimes or persons). Our analysis has uncovered no instances of executions being carried out under those circumstances. This finding has important policy implications and is directly relevant to the Supreme Court’s Eighth Amendment jurisprudence, which relies on execution practices as one measure to help inform the Court about whether the death penalty is a cruel and unusual punishment.

  • Document type Academic report
  • Countries list United States

Document(s)

Malawian Traditional Leaders’ Perspectives on Capital Punishment

By Cornell Law School / Malawi’s Paralegal Advisory Services Institute (PASI), on 1 January 2018


2018

NGO report


More details See the document

On 18 April 2018, the Cornell Center on the Death Penalty Worldwide and Malawi’s Paralegal Advisory Services Institute (PASI) released their report on “Malawian Traditional Leaders’ Perspectives on Capital Punishment” before a group of public officials and stakeholders in Lilongwe.The report analyses data from surveys of 102 traditional leaders in villages across Malawi. Clifford Msiska, the National Director of PASI, informed an audience in Lilongwe that over ninety percent of traditional leaders surveyed did not support the use of the death penalty to punish individuals convicted of murder. Only six traditional leaders stated that death was the appropriate penalty for murder. The rest preferred a term of years, life imprisonment with opportunity for early release, or (least frequently of all) life imprisonment with no opportunity for release.

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

Document(s)

False Confessions and Recording of Custodial Interrogations

By The Innocence Project, on 8 September 2020


2020

Working with...

es
More details See the document

Many of the nation’s 249 wrongful convictions overturned by DNA evidence involved some form of a false confession. Yet it’s virtually impossible to fathom wh a person would wrongly confess to a crime he or she did not commit. The causes behind false confessions is explored in this text.

Document(s)

Death and Deterrence Redux: Science, Law and Causal Reasoning on Capital Punishment

By Jeffrey Fagan / Ohio State Journal of Criminal Law, on 1 January 2006


2006

Article

United States


More details See the document

A recent cohort of studies report deterrent effects of capital punishment that substantially exceed almost all previous estimates of lives saved by execution. Some of the new studies go further to claim that pardons, commutations, and exonerations cause murders to increase, as does trial delay. This putative life-life tradeoff is the basis for claims by legal academics and advocates of a moral imperative to aggressively prosecute capital crimes, brushing off evidentiary doubts as unreasonable cautions that place potential beneficiaries at risk of severe harm. Challenges to this “new deterrence” literature find that the evidence is too unstable and unreliable to support policy choices on capital punishment. This article identifies numerous technical and conceptual errors in the “new deterrence” studies that further erode their reliability: inappropriate methods of statistical analysis, failures to consider several factors such as drug epidemics that drive murder rates, missing data on key variables in key states, the tyranny of a few outlier states and years, weak to non-existent tests of concurrent effects of incarceration, inadequate instruments to disentangle statistical confounding of murder rates with death sentences and other punishments, failure to consider the general performance of the criminal justice system as a competing deterrent, artifactual results from truncated time frames, and the absence of any direct test of the components of contemporary theoretical constructions of deterrence. Re-analysis of one of the data sets shows that even simple adjustments to the data produce contradictory results, while alternate statistical methods produce contrary estimates. But the central mistake in this enterprise is one of causal reasoning: the attempt to draw causal inferences from a flawed and limited set of observational data, the absence of direct tests of the moving parts of the deterrence story, and the failure to address important competing influences on murder. There is no reliable, scientifically sound evidence that pits execution against a robust set of competing explanations to identify whether it exerts a deterrent effect that is uniquely and sufficiently powerful to overwhelm the recurring epidemic cycles of murder. This and other rebukes remind us to invoke tough, neutral social science standards and commonsense causal reasoning before expanding the use of execution with its attendant risks and costs.

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

Document(s)

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)

Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate

By D. Michael Risinger / Journal of Criminal Law and Criminology, on 1 January 2007


2007

Article

United States


More details See the document

The news about the astounding accuracy of felony convictions in the United States, delivered by Justice Scalia and Joshua Marquis in the passage set out epigrammatically above, would be cause for rejoicing if it were true. Imagine. Only 27 factually wrong felony convictions out of every 100,000! Unfortunately, it is not true, as the empirical data analyzed in this article demonstrates. To a great extent, those who believe that our criminal justice system rarely convicts the factually innocent and those who believe such miscarriages are rife have generally talked past each other for want of any empirically-justified factual innocence wrongful conviction rate. This article remedies at least a part of this problem by establishing the first such empirically justified wrongful conviction rate ever for a significant universe of real world serious crimes: capital rape-murders in the 1980’s. Using DNA exonerations for capital rape-murders from 1982 through 1989 as a numerator, and a 406-member sample of the 2235 capital sentences imposed during this period, this article shows that 21.45%, or around 479 of those, were cases of capital rape murder. Data supplied by the Innocence Project of Cardozo Law School and newly developed for this article show that only 67% of those cases would be expected to yield usable DNA for analysis. Combining these figures and dividing the numerator by the resulting denominator, a minimum factually wrongful conviction rate for capital rape-murder in the 1980’s emerges: 3.3%. The article goes on to consider the likely ceiling accompanying this 3.3% floor, arriving at a slightly softer number for the maximum factual error rate of around 5%. The article then goes on to analyze the implications of a factual error rate of 3.3%-5% for both those who currently claim errors are extremely rare, and those who claim they are extremely common. Extension of the 3.3%-5% to other capital and non-capital categories of crime is discussed, and standards of moral duty to support system reform in the light of such error rates is considered at length.

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

Document(s)

Rewriting History: the Use of Feminist Narrative to Deconstruct the Myth of the Capital Defendant

By Francine Banner / New York University (NYU), on 1 January 2000


2000

Article

United States


More details See the document

In the past thirty years, American attitudes towards those convicted of crimes have followed a devastating progression toward the dehumanization of criminal defendants. The evolution of law and policy has mirrored these changing attitudes. The philosophies behind incarceration have shifted from “facilitat[ing inmates’] productive re-entry back into the free world” to “using imprisonment merely to punish criminal offenders by … “containing’ them behind bars … for as long as possible.” 4 Rather than preventing crime or rehabilitating offenders, incarceration has become a means to satisfy society’s desire for vengeance and retribution. Responding to this push to punish, prosecutors in their haste to obtain a conviction are more likely to stress the heinousness of crimes rather than questioning the circumstances surrounding …

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

Document(s)

Portuguese : UM BREVE DISCURSO SEDICIOSO ACERCA DA PENA DE MORTE

By Neemias Prudente / Journal of Criminal Law and Criminal Procedure, on 8 September 2020


2020

Article

Brazil


More details See the document

Em decorrência de certos crimes de grande repercussão que abalam a sociedade e da impotência do Estado frente à criminalidade, ressuscitam vozes e projetos solicitando a aplicação da pena de morte entre nós. O tema é de abordagem complexa, polêmica e controversa.Os partidários da supressão do homem sustentam que a presença da pena de morte na legislação teria por escopo de definitivamente banir ou diminuir o crescente índice de criminalidade em nosso país, além de desestimular homicídios, latrocínios, crimes sexuais violentos, seqüestros etc.Mas será que a pena de morte, como têm sido defendido por alguns setores da sociedade, seria a solução para os problemas de violência e da criminalidade, que estão sendo vivenciadas pela população brasileira?

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

Document(s)

Frequency and Predictors of False Conviction: Why We Know So Little, and New Data on Capital Cases

By Barbara O'Brien / Samuel R. Gross / Journal of Empirical Legal Studies, on 1 January 2007


2007

Article

United States


More details See the document

In the first part of this paper we address the problems inherent in studying wrongful convictions: our pervasive ignorance and the extreme difficulty of obtaining the data that we need to answer even basic questions. The main reason that we know so little about false convictions is that, by definition, they are hidden from view. As a result, it is nearly impossible to gather reliable data on the characteristics or even the frequency of false convictions. In addition, we have very limited data on criminal investigations and prosecutions in general, so even if we could somehow obtain data on cases of wrongful conviction, we would have inadequate data on true convictions to compare them to. In the second part we dispel some of that ignorance by considering data on false convictions in a small but important subset of criminal cases about which we have unusually detailed information: death sentences. From 1973 on we know basic facts about all defendants who were sentenced to death in the United States, and we know which of them were exonerated. From these data we estimate that the frequency of wrongful death sentences in the United States is at least 2.3%. In addition, we compare post-1973 capital exonerations in the United States to a random sample of cases of defendants who were sentenced in the same time period and ultimately executed. Based on these comparisons we present a handful of findings on features of the investigations of capital cases, and on background facts about capital defendants, that are modest predictors of false convictions.

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

Document(s)

A Heavy Thumb on the Scale: The Effect of Victim Iimpact Evidence On Capital Decision Making

By Ray Paternoster / Criminology / Jerome Deise, on 1 January 2011


2011

Article

United States


More details See the document

The past several decades have seen the emergence of a movement in the criminal justice system that has called for a greater consideration for the rights of victims. One manifestation of this movement has been the “right” of victims or victims’ families to speak to the sentencing body through what are called victim impact statements about the value of the victim and the full harm that the offender has created. Although victim impact statements have been a relatively noncontroversial part of regular criminal trials, their presence in capital cases has had a more contentious history. The U.S. Supreme Court overturned previous decisions and explicitly permitted victim impact testimony in capital cases in Payne v. Tennessee (1991). The dissenters in that case argued that such evidence only would arouse the emotions of jurors and bias them in favor of imposing death. A body of research in behavioral economics on the “identifiable victim effect” and the “identifiable wrongdoer effect” would have supported such a view. Using a randomized controlled experiment with a death-eligible sample of potential jurors and the videotape of an actual penalty trial in which victim impact evidence (VIE) was used, we found that these concerns about VIE are perhaps well placed. Subjects who viewed VIE testimony in the penalty phase were more likely to feel negative emotions like anger, hostility, and vengeance; were more likely to feel sympathy and empathy toward the victim; and were more likely to have favorable perceptions of the victim and victim’s family as well as unfavorable perceptions of the offender. We found that these positive feelings toward the victim and family were in turn related to a heightened risk of them imposing the death penalty. We found evidence that part of the effect of VIE on the decision to impose death was mediated by emotions of sympathy and empathy. We think our findings open the door for future work to put together better the causal story that links VIE to an increased inclination to impose death as well as explore possible remedies.

  • Document type Article
  • Countries list United States
  • Themes list Murder Victims' Families,

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)

Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate

By D. Michael Risinger / Journal of Criminal Law and Criminology, on 1 January 2007


2007

Article

United States


More details See the document

To a great extent, those who believe that our criminal justice system rarely convicts the factually innocent and those who believe such miscarriages are rife have generally talked past each other for want of any empirically-justified factual innocence wrongful conviction rate. This article remedies at least a part of this problem by establishing the first such empirically justified wrongful conviction rate ever for a significant universe of real world serious crimes: capital rape-murders in the 1980’s. Using DNA exonerations for capital rape-murders from 1982 through 1989 as a numerator, and a 406-member sample of the 2235 capital sentences imposed during this period, this article shows that 21.45%, or around 479 of those, were cases of capital rape murder. Data supplied by the Innocence Project of Cardozo Law School and newly developed for this article show that only 67% of those cases would be expected to yield usable DNA for analysis. Combining these figures and dividing the numerator by the resulting denominator, a minimum factually wrongful conviction rate for capital rape-murder in the 1980’s emerges: 3.3%. The article goes on to consider the likely ceiling accompanying this 3.3% floor, arriving at a slightly softer number for the maximum factual error rate of around 5%. The article then goes on to analyze the implications of a factual error rate of 3.3%-5% for both those who currently claim errors are extremely rare, and those who claim they are extremely common. Extension of the 3.3%-5% to other capital and non-capital categories of crime is discussed, and standards of moral duty to support system reform in the light of such error rates is considered at length.

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

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 2005


2005

United Nations report

arruesfrzh-hant
More details See the document

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

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

arrufrzh-hantes
More details See the document

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)

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

By United Nations, on 8 September 2020


2020

United Nations report

arruzh-hantesfr
More details See the document

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

Document(s)

Issues Impacting LGBTQ+ Prisoners

By Death Penalty Information Center, on 3 September 2024


2024

NGO report

Cruel, Inhuman and Degrading Treatment and Punishment

Fair Trial

United States


More details See the document

LGBTQ+ people, especially people of color and low income, experience high levels of policing and criminalization, leading to an overrepresentation of these individuals in the incarcerated population. A 2017 study from researchers at the University of California, Los Angeles School of Law, suggests that LGBTQ+ people are three times as likely to be incarcerated than the general population. Once incarcerated, LGBTQ+ people are often subjected to violence from correctional staff and fellow prisoners, as well denied medical care and access to mental health services.

  • Document type NGO report
  • Countries list United States
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Fair Trial

Document(s)

Poster World Day 2006

on 10 October 2006


2006

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 191 Ko ]

Discrimination, unfair trials, judicial error, the execution of child
offenders and those suffering from mental disabilities all
amount to a failure of justice and provide more compelling rea-
sons to abolish the death penalty. 10 October 2006 is the fourth
World Day Against the Death Penalty. Join the World Coalition
Against the Death Penalty in working for an end to the use of
capital punishment and a globe free of judicial killing.

Document(s)

Death Penalty and the Indian Supreme Court (2007-2021)

By Project 39A, on 8 December 2022


2022

NGO report

India


More details See the document

Death Penalty and the Indian Supreme Court (2007-2021) maps the important trends and developments in the Supreme Court’s death penalty jurisprudence. These past 15 years have witnessed significant developments in the law on capital sentencing, post-mercy jurisprudence, and other procedural developments pertaining to the administration of the death penalty. Imagined as an intellectual successor of PUCL and Amnesty International’s doctrinal study of the Supreme Court’s death penalty cases between 1950 to 2006, in ‘Lethal Lottery: The Death Penalty in India’, this report highlights the sustained inconsistency and judge-centric reasoning in capital cases, with particular emphasis on the problem of arbitrariness in approaches to capital sentencing at the Supreme Court. 

  • Document type NGO report
  • Countries list India

Document(s)

Capital Punishment at the United Nations: Recent Developments

By Ilias Bantekas / Peter Hodgkinson / Criminal Law Forum, on 1 January 2000


2000

Article


More details See the document

The article discusses the difficulties and controversies surrounding the 1999 Draft Resolution on the Death Penalty to the United Nations General Assembly.

  • Document type Article
  • Themes list Networks,

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)

Capital punishment and American culture

By David Garland / Punishment & Society 7, 347-376, on 1 January 2005


2005

Article

United States


More details See the document

This is an essay about capital punishment and American culture. Its point of departure is the recent publication of several books and articles suggesting that the USA’s retention of the death penalty is an expansion of an underlying cultural tradition that creats an elective affinity between American society and the execution of criminal offenders. The implicit – and sometimes explicit claim – of this new literature is that today’s capital punishment system is an insurance of ‘American exceptionalism’, an expression of a deep and abiding condition that has shaped the American nation from its formative years to the present.

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

Document(s)

Rethinking the Study of Miscarriages of Justice: Developing a Criminology of Wrongful Conviction

By Richard A. Leo / Journal of Contemporary Criminal Justice, on 1 January 2005


Article

United States


More details See the document

This article provides a brief history of the study of miscarriages of justice in America. It analyzes the field of wrongful conviction scholarship as three distinct genres: the big-picture studies, the specialized-causes literature, and the true-crime genre. It also analyzes what these literatures have contributed to knowledge about miscarriages as well as their limitations. This article attempts to rethink the study of miscarriages of justice to systematically develop a more sophisticated, insightful, and generalizable criminology of wrongful conviction.

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

Document(s)

Race for Your Life: An Analysis of the Role of Race in Erroneous Capital Conviction

By Talia Roitberg Harmon / Criminal Justice Review, on 1 January 2004


2004

Article

United States


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Prior research on the role of race in wrongful capital convictions has focused primarily on the race of the defendant. In contrast, this article begins with two case studies that illustrate the impact of the race of the defendant and also the race of the victim in contributing to erroneous convictions. The second section of this article identifies the race of the defendant and the victim in 82 cases where prisoners were released from death row because of doubts about their guilt and in a matched group of inmates who were executed. Through the use of three logistic regression models, the combination of the race of the defendant and the race of the victim is identified as a significant predictor of case outcome (exoneration vs. execution). The results also indicate that an indirect relationship may exist between the combination of the race of the defendant and the victim, the strength of the evidence, and case outcome.

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

Document(s)

Guilty Until Proven Innocent: An Analysis of Post-Furman Capital Errors

By Talia Roitberg Harmon / Criminal Justice Policy Review, on 1 January 2001


2001

Article

United States


More details See the document

The issue of erroneous convictions in capital cases has recently gained considerable nationwide media attention. This article builds on prior research by examining 76 cases of inmates who were released from death rows between 1970 and 1998 because of doubts about their guilt. By using sources, or persons who have extensive insider knowledge about these cases, as well as published court opinions, it was possible to identify the causes of the wrongful convictions as well as the significant events that led to the discovery of the miscarriages of justice. The data indicate that prosecutorial misconduct, perjury of witnesses, police misconduct, and racial discrimination were influential factors that led to the wrongful convictions. In addition, continued investigation by the defense attorney, new witnesses coming forward, and/or a confession from another person were the factors most often leading to the discovery of errors. These findings suggest that there have not been any significant changes in causes of erroneous convictions since the implementation of contemporary safeguards. As a result, policy changes are suggested to decrease the chances of erroneous executions.

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

Document(s)

Cross-National Variability in Capital Punishment: Exploring the Sociopolitical Sources of Its Differential Legal Status

By Terance D. Miethe / Hong Lu / Gini R. Deibert / International Criminal Justice Review, on 1 January 2005


2005

Article


More details See the document

Guided by existing macrolevel theories on punishment and society, the present study explores the independent and conjunctive effects of measures of sociopolitical conditions on the legal retention of capital punishment in 185 nations in the 21st century. Significant correlations are found between a nation’s retention of legal executions for ordinary crimes and its level of economic development, primary religious orientation, citizens’ voice in governance, political stability, and recent history of extrajudicial executions. Subsequent multivariate analyses through qualitative comparative methods reveal substantial context-specific effects and wide variability in legal retention even within countries with similar sociopolitical structures. These results are then discussed in terms of their theoretical implications for future cross-national research on punishment and society.

  • Document type Article
  • Themes list Networks,

Document(s)

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

By Rachel E. Barkow / New York University (NYU), on 1 January 2008


2008

Article

United States


More details See the document

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

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

Document(s)

State Secrets: China’s Legal Labyrinth

By Andrew Nathan / ChristineLoh / Liu Baopu / Fu Hualing / Jerome A. Cohen / Human Rights In China, on 8 September 2020


2020

NGO report

China


More details See the document

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

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

Document(s)

The Death Penalty in the OSCE Area: Background Paper 2022

By Organization for Security and Co-operation in Europe, on 7 October 2022


2022

Regional body report


More details See the document

This paper updates The Death Penalty in the OSCE Area: Background Paper 2021. It is intended to provide a concise update to highlight changes in the status of the death penalty in OSCE participating States since the previous publication and to promote constructive discussion of the issue. It covers the period from 1 April 2021 to 31 March 2022.

  • Document type Regional body report

Document(s)

People’s Republic of China: Executed “according to law”? The death penalty in China

By Amnesty International, on 8 September 2020


2020

NGO report

China

fr
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This document describes the process that someone suspected of committing a capital crime goes through under the Chinese criminal justice system, from detention through to execution. This process will be described using examples of cases researched by Amnesty International, and others monitored in the official press in China. As shown, there is potential for the violation of human rights at every stage of the criminal justice process leading to execution.

Document(s)

Predictors of Miscarriages of Justice in Capital Cases

By Talia Roitberg Harmon / Justice Quarterly, on 1 January 2001


2001

Article

United States


More details See the document

Prior research on wrongful convictions in capital cases focused primarily on qualitative methods designed to provide in-depth descriptive analyses of these cases. In contrast, this study is a quantitative comparison between 76 documented cases from 1970 to 1998, in which prisoners were released from death row because of “doubts about their guilt,” and a matched group of inmates who were executed. Through the use of a logistic regression model, significant predictors of cases that result in a release from death row as opposed to an execution, are identified. The final section of this study focuses on policy implications that may decrease the risk of error in capital cases. Additional lines of research are suggested in an effort to increase understanding of miscarriages of justice in such cases.

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

Document(s)

Portuguese : Faça ouvir A sua voz na União Europeia!

By Civil Society Contact Group, on 8 September 2020


2020

Academic report

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

Document(s)

: Time to Abolish the Death Penalty in Zimbabwe: Exploring the Views of its Opinion Leaders

By Death Penalty Project, on 8 September 2020


NGO report

Zimbabwe


More details See the document

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

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

Document(s)

The death penalty and the “most serious crimes”: A country -by -country overview of the death penalty

By International Commission Against the Death Penalty, on 1 January 2013


2013

NGO report


More details See the document

This document provides brief commentary on the concept of “most serious crimes”, followed by a country by country overview of criminal offences punishable by death in retentionist states

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

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


More details See the document

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)

Unstacking the Deck – A Handbook for Capital Defense Attorneys on Challenging the State’s Case in Aggravation

By John H. Blume / Death Penalty Resource & Defense Center, on 8 September 2020


2020

Academic report

United States


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

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

Document(s)

Compensating the Wrongfully Convicted

By The Innocence Project, on 1 January 2012


2012

Working with...


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Those proven to have been wrongfully convicted through postconviction DNA testing spend, on average, 12 years behind bars. The agony of prison life and the complete loss of freedom are only compounded by the feelings of what might have been, but for the wrongful conviction. Deprived for years of family and friends and the ability to establish oneself professionally, the nightmare does not end upon release. With no money, housing, transportation, health services or insurance, and a criminal record that is rarely cleared despite innocence, the punishment lingers long after innocence has been proven. States have a responsibility to restore the lives of the wrongfully convicted to the best of their abilities. This document describes how a state can try to recompensate an exonerated person.

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

Document(s)

Juvenile Death Penalty: Is It Cruel and Unusual in Light of Contemporary Standards

By American Bar Association / Adam Caine Ortiz, on 1 January 2003


2003

NGO report


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Reviews the use of the death penalty on juveniles in light of contemporary standards.

  • Document type NGO report
  • Themes list Juveniles,

Document(s)

The Death Penalty in Japan: A report on Japan’s legal obligations under the International Convenant on Civil and Political Rights and an assessment of public attitudes to capital punishment

By Saul Lehrfreund / Death Penalty Project, on 8 September 2020


2020

NGO report

Japan


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This report was commissioned by the Death Penalty Project in order to assess Japan’s legal obligations on the use of the death penalty under the ICCPR, and to examine the related subject of public attitudes toward capital punishment in Japan.

  • Document type NGO report
  • Countries list Japan
  • Themes list International law, Public opinion,

Document(s)

Death Penalty India Report – Volume 1

By Anup Surendranath / National Law University, New Delhi Press, on 8 September 2020


NGO report

India


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This project sought to answer questions regarding the socio-economic profile of prisoners sentenced to death in India while looking into the process of death sentencing in itself. By means of meaningful statistics and case studies, this report manages to enlighten some aspects of the death penalty in India which are generally not fully explored and triggers a sociological discussion on these thorny issues that goes beyond the legal analysis of Supreme Court judgments.

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

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

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

Document(s)

Death Penalty India Report – Volume 2

By Anup Surendranath / National Law University, New Delhi Press, on 8 September 2020


NGO report

India


More details See the document

This project sought to answer questions regarding the socio-economic profile of prisoners sentenced to death in India while looking into the process of death sentencing in itself. By means of meaningful statistics and case studies, this report manages to enlighten some aspects of the death penalty in India which are generally not fully explored and triggers a sociological discussion on these thorny issues that goes beyond the legal analysis of Supreme Court judgments.

Chapters:
6) Experience in custody
7) Trial and appeals
8) Living on death row
9) Seeking mercy
10) Impact

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

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