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Document(s)
The Mercy Workers, Death Penalty Mitigation Specialists
By Maurice Chammah, The Marshall Project, on 2 March 2023
2023
Article
Legal Representation
United States
More details See the document
For three decades, a little-known group of “mitigation specialists” has helped save death-penalty defendants in the USA by documenting their childhood traumas. A rare look inside one case.
- Document type Article
- Countries list United States
- Themes list Legal Representation
Document(s)
Key legal Instruments and texts adopted on Abolition of the death penalty by the Council of Europe
By Council of Europe, on 24 January 2023
2023
Regional body report
Trend Towards Abolition
frMore details See the document
All the Council of Europe documents related to abolition of the death penalty gathered in one page : decisions of the Committee of Ministers, resolutions of the Parliamentary Assembly, Treaties…
- Document type Regional body report
- Themes list Trend Towards Abolition
- Available languages Instruments juridiques clés et textes adoptés sur l'abolition de la peine de mort par le Conseil de l'Europe
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)
Bylaws of the World Coalition Against the Death Penalty 2023
By World Coalition Against the Death Penalty, on 22 August 2023
2023
World Coalition
Trend Towards Abolition
frMore details Download [ pdf - 146 Ko ]
- Document type World Coalition
- Themes list Trend Towards Abolition
- Available languages Statuts de la Coalition mondiale contre la peine de mort 2023
Document(s)
The politics of capital punishment for foreign nationals in Iran
By Death Penalty Research Unit (DPRU), University of Oxford, on 5 February 2024
2024
Academic Article
Iran (Islamic Republic of)
More details See the document
Published in December 2023.
This paper seeks to map the political economy of capital punishment in Iran, in particular in relation to dual and foreign nationals, and examines its external and internal functions. The external functions include suppressing the ‘cultural threat’ of cross-border drug trafficking, achieving more power in sanctions negotiations, seeking reciprocal prisoner swaps or demanding recompense for outstanding multinational debt. The internal functions include quashing protests against the regime, supressing separatist movements, or even just ‘otherness’. It is evident that those facing disadvantage across foreign national and intersectional lines face the death penalty disproportionately. In addition, although only representing a fraction of the overall population of death row, the arbitrary detention of dual nationals has a disproportionate political function.
- Document type Academic Article
- Countries list Iran (Islamic Republic of)
Document(s)
Reducing Facial Stereotype Bias in Consequential Social Judgments: Intervention Success With White Male Faces
By Youngki Hong, Kao-Wei Chua, & Jonathan B. Freeman, Columbia University, on 25 January 2024
2024
Article
United States
More details See the document
Published on December 18, 2023.
Initial impressions of others based on facial appearances are often inaccurate yet can lead to dire outcomes. Across four studies, adult participants underwent a counterstereotype training to reduce their reliance on facial appearance in consequential social judgments of White male faces. In Studies 1 and 2, trustworthiness and sentencing judgments among control participants predicted whether real-world inmates were sentenced to death versus life in prison, but these relationships were diminished among trained participants. In Study 3, a sequential priming paradigm demonstrated that the training was able to abolish the relationship between even automatically and implicitly perceived trustworthiness and the inmates’ life-or-death sentences. Study 4 extended these results to realistic decision-making, showing that training reduced the impact of facial trustworthiness on sentencing decisions even in the presence of decision-relevant information. Overall, our findings suggest that a counterstereotype intervention can mitigate the potentially harmful effects of relying on facial appearance in consequential social judgments.
- Document type Article
- Countries list United States
Document(s)
Doomed to Repeat: The Legacy of Race in Tennessee’s Contemporary Death Penalty
By Death Penalty Information Center, on 16 June 2023
2023
NGO report
Fair Trial
United States
More details See the document
This report explores the current issues with capital punishment in Tennessee through a historical lens, tracing the origins of the use of the death penalty from lynchings and other forms of racial violence directed at Black Tennesseans. The stories of individuals and communities that have interacted with different facets of Tennessee’s justice system throughout history suggest that, in many ways, even though centuries have passed, the experiences of discrimination toward Tennessee’s communities of color continue. A meaningful understanding of the state’s history and its legacy of violence and racism is essential to avoid repeating the mistakes of the past.
- Document type NGO report
- Countries list United States
- Themes list Fair Trial
Document(s)
TESTIMONIES- 21 st World Day Against the Death Penalty
on 10 July 2023
2023
Campaigning
World Coalition
frMore details Download [ pdf - 759 Ko ]
This document has been compiled by the Secretariat of the World Coalition Against the Death Penalty with substantial aid from member organizations, including Abdorrahman Boroumand Center, Amnesty International, Cornell Center on the Death Penalty Worldwide, Free Mumia ! French Support Group (Collectif français “Libérons Mumia !”), German Coalition Against the Death Penalty, Justice Project Pakistan, […]
- Document type Campaigning / World Coalition
- Available languages TEMOIGNAGES - 21ème Journée mondiale contre la peine de mort
Document(s)
Bylaws 2021
By World Coalition Against the Death Penalty, on 9 September 2021
2021
World Coalition
frMore details Download [ pdf - 97 Ko ]
Bylaws of the World Coalition Against the Death Penalty As Amended by the 18 June 2021 General Assembly
- Document type World Coalition
- Available languages Statuts 2021
Article(s)
China reduces the number of crimes punishable by death to 46, but keeps drug trafficking in the list
By Aurélie Plaçais, on 7 October 2015
China removes nine non-violent and rarely used criminal offenses from capital punishment.
2015
China
Drug Offenses
Document(s)
Responsible Business Engagement on the Death Penalty. A Practical Guide
By Responsible Business Initiative on the Death Penalty, on 1 January 2019
2019
Working with...
frMore details See the document
Business engagement in the death penalty is critical because of the impact it can have. Putsimply: the power is in your hands. If your business is looking for a human rights issue whereit can achieve measurable change, advocacy on the death penalty must be considered.Global support for the death penalty is declining. Meanwhile, competition for investment isfierce. Governments and the public at large care more about job creation and a healthy economythan a system of executions. Therefore, the voices of businesses and business leaders havea huge role to play in shaping public dialogue about whether to keep – or end – the use ofcapital punishment.
- Document type Working with...
- Themes list Networks, Death Penalty,
- Available languages Entreprises Responsables et Engagements sur la Peine de Mort: Guide Pratique
Document(s)
Isolation and desolation conditions of detention of people sentenced to death Malaysia
By Carole Berrih, Ngeow Chow Ying, ECPM, ADPAN, on 27 May 2021
2021
NGO report
Death Row Conditions
Malaysia
frMore 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.
- Document type NGO report
- Countries list Malaysia
- Themes list Death Row Conditions
- Available languages Isolement et désespoir conditions de détention des condamnés à mort Malaisie
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
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
Article(s)
Jamaica vote illustrates retentionist trend in the Caribbean
on 9 January 2009
Jamaican lawmakers voted to keep capital punishment and the government seems determined to use it. Caribbean abolitionists are battling similar moves across the region.
2009
Jamaica
Public Opinion
Saint Kitts and Nevis
Document(s)
Death in the time of Covid-19: Efforts to restore the death penalty in the Philippines
By Jose M.Jose and Maria Corazon A.De Ungria, on 10 August 2021
2021
Academic report
Drug Offenses
Philippines
More details See the document
The Philippine Congress recently passed a bill amending the Dangerous Drugs Act of 2002 and reimposing the penalty of life imprisonment to death for specific-drug related offenses. House Bill No. 7814 also allows the presumption of guilt in certain drug-related crimes unless otherwise proven, thereby overturning the long-standing constitutional presumption of innocence.
The bill has been sent to the Senate for its concurrence and could only be several steps away before being signed into law by President Rodrigo R. Duterte. This paper discusses the ramifications of the new bill and the questioned timeliness of its passage when the country continues to have a large and overcrowded prison population and a significant number of deaths due to SARS-CoV-2 in Southeast Asia.
The government’s lapses in following the 2021 national vaccination plan became apparent in the 31 March 2021 assessment made by the congressional health panel on the government’s response to the pandemic.
From the authors’ perspective, the urgency of using the country’s limited resources to help medical frontliners and local government units prevent further infections and save lives should have outweighed the efforts exerted to pass a law that legalized the death penalty for the third time in the Philippines.
- Document type Academic report
- Countries list Philippines
- Themes list Drug Offenses
Document(s)
Add Resources and Apply Them Systemically: Governments’ Responsibilities Under the Revised ABA Capital Defense Representation Guidelines
By Eric M. Freedman / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
The mainstream legal community, including the ABA, has long understood the importance of system-building, but the revised Guidelines state the point especially forcefully. In articulating “the current consensus about what is required to provide effective defense representation in capital cases,” they set high performance standards not just for lawyers, but for death penalty jurisdictions. As the problems are systemic, it is “imperative” that the solutions be.The Guidelines accordingly not only call on governments to deliver capital defense resources that are sufficient in amount, but also furnish the states with a user-friendly blueprint for using those resources wisely to create structures that will function well in the present and evolve effectively over time. This mandate for institution-building is welcome, and the states should lead it. Indeed, they must do so if the Guidelines are to achieve their ameliorative purposes and avoid becoming just a collection of lofty aspirations “‘that palter with us in a double sense, that keep the word of promise to our ear, and break it to our hope”.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
Myths and Facts about the Death Penalty
By Death Penalty Focus, on 1 January 2009
2009
Arguments against the death penalty
esMore details See the document
8 Myths about the death penalty are explored in this text: 1. the death penalty is needed to keep society safe, 2. the death penalty is applied fairly, 3. the death penalty is used worldwide, 4. the death penalty deters crime, 5. execution is cheaper than permanent imprisonment, 6. the death penalty offers justice to victims’ families, 7. only the truly guilty get the death penalty, 8. religious teachings support the death penalty.
- Document type Arguments against the death penalty
- Themes list Networks,
- Available languages Mitos y Realidades de la Pena de Muerte
Document(s)
INSECURITY REVEALED: Voices Against the Death Penalty
By World Coalition Against the Death Penalty, on 6 August 2024
2024
Campaigning
World Coalition
frMore details Download [ pdf - 1313 Ko ]
- Document type Campaigning / World Coalition
- Available languages L'INSÉCURITÉ RÉVÉLÉE : Voix contre la peine de mort
Document(s)
International Network of Academics Against the Death Penalty
By International Academic Network for the abolition of capital punishment, on 8 September 2020
2020
Working with...
More details See the document
It is of the utmost importance, in the short and medium-term, to develop an intense work of academically nature both of study and disclosure of the problems of the abolition of the death penalty in the international scenario, to complement and help the work of the diplomatic action and non-governmental organizations. To this effect it is proposed to keep REPECAP as an ever – growing scientific world network comprising academic law scholars, human rights centers, institutions of public law and Ngos, with expertise and skill in the problems of death penalty and interests in the field of international criminal justice, as well as young researchers who have been dealing with these topics or wish to get involved with the subject, regardless of nationality or locations.
- Document type Working with...
- Themes list Networks,
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
aresfafrruMore 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 type NGO report
- Available languages أحكام وعمليات اإلعدام في2020CONDENAS A MUERTE Y EJECUCIONES 2020احکام مرگ و اعدامها۲۰۲۰سالCondamnations à mort et exécutions 2020ГЛОБАЛЬНЫЙ ДОКЛАД СМЕРТНЫЕ ПРИГОВОРЫ И КАЗНИ 2020
Document(s)
Detailed factsheet – World Day 2024 & 2025
By World coalition against the death penalty, on 11 July 2024
2024
Campaigning
World Coalition
frMore details Download [ pdf - 485 Ko ]
- Document type Campaigning / World Coalition
- Available languages Fiche d'information détaillée - journée mondiale 2024 & 2025
Document(s)
Executions, Deterrence and Homicide: A Tale of Two Cities
By David T. Johnson / Jeffrey Fagan / Franklin Zimring / Columbia School of Law, on 1 January 2009
2009
Article
China
More details See the document
We compare homicide rates in two quite similar cities with vastly different execution risks. Singapore had an execution rate close to 1 per million per year until an explosive twentyfold increase in 1994-95 and 1996-97 to a level that we show was probably the highest in the world. Hong Kong,has no executions all during the last generation and abolished capital punishment in 1993. Homicide levels and trends are remarkably similar in these two cities over the 35 years after 1973. By comparing two closely matched places with huge contrasts in actual execution but no differences in homicide trends, we have generated a unique test of the exuberant claims of deterrence that have been produced over the past decade in the U.S.
- Document type Article
- Countries list China
- Themes list Deterrence ,
Document(s)
Triggers for the abolition of the death penalty in Africa: a Southern African perspective
By Fédération Internationale des Ligues des Droits de l'Homme (FIDH), on 1 January 2017
2017
NGO report
frMore details See the document
In Africa, more than 80% of countries have abolished the death penalty in law or in practice, with only 10 countries executing within the past decade, said FIDH and DITSHWANELO in their joint study, “Triggers for the abolition of the death penalty in Africa: a Southern African perspective”.The 36 pages study identifies the triggers leading to the abolition of the death penalty in Africa. It was released simultaneously with a documentary called #Gambia has decided which shows the current abolitionist process experienced in The Gambia.
- Document type NGO report
- Available languages Les déclencheurs de l'abolition de la peine de mort en Afrique: une perspective de l'Afrique australe
Document(s)
Pathways to abolition
By Death Penalty Worldwide / Cornell Law School, on 1 January 2016
2016
Academic report
More details See the document
This report documents the processes by which 14 jurisdictions abolished the death penalty in law. The conclusions attempt to identify patterns and draw conclusions in the hope that they will provide ideas, insights and inspiration to countries that either already are on their path to abolition or yet have to embark on it.
- Document type Academic report
- Themes list Trend Towards Abolition, Country/Regional profiles,
Document(s)
Mobilization Kit 2006
By World Coalition against the death penalty , on 10 October 2006
2006
Campaigning
Trend Towards Abolition
frMore details Download [ pdf - 114 Ko ]
The World Coalition was created in Rome on 13 May
2002, following the commitment undertaken by the
organizations who signed the Final Declaration of
the First World Congress against the death penalty
in June 2001 in Strasbourg. It comprises 52 non-
governmental organizations, as well as bar asso-
ciations, trade unions and local communities.
The Coalition aims to reinforce the international
movement to abolish the death penalty, to reduce
the scope of capital punishment and put an end
to executions wherever they take place. To this
end, the Coalition facilitates the creation and devel-
opment of national and regional coalitions against
the death penalty. The Coalition also spearheads
lobbying efforts directed towards states and inter-
national institutions.
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Kit de mobilisation 2006
Document(s)
The death penalty in Egypt: Ten year after the uprising
By Jeed Basyouni - Reprieve, on 10 August 2021
2021
NGO report
Cruel, Inhuman and Degrading Treatment and Punishment
Death Row Conditions
Egypt
Fair Trial
More details See the document
Reprieve wrote this report about the use of the death penalty in Egypt.
- Document type NGO report
- Countries list Egypt
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Death Row Conditions / Fair Trial
Document(s)
The 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)
A/HRC/54/53: Human rights challenges in addressing and countering all aspects of the world drug problem – Report of the Office of the United Nations High Commissioner for Human Rights
By United Nations , on 15 August 2023
2023
Academic report
United Nations report
Drug Offenses
aresfrruzh-hantMore details See the document
The present report outlines human rights challenges in addressing and countering key
aspects of the world drug problem. It also offers an overview of recent positive developments
to shift towards more human rights-centred drug policies, and provides recommendations on
the way forward in view of the upcoming midterm review of the 2019 Ministerial Declaration
and to contribute to the implementation of the 2030 Agenda for Sustainable Development.
- Document type Academic report / United Nations report
- Themes list Drug Offenses
- Available languages التحديات الناشئئئنة لت التصئئئد لمخئئئ لة المخدرات العالمية بجميع جوان ا ومواج ت ا في التمتع بحقوق اإلنسان تقرير مفوضية األمم المتحدة السامية لحقوق اإلنسان*A/HRC/54/53: Desafíos en materia de derechos humanos a la hora de abordar y contrarrestar todos los aspectos del problema mundial de las drogas - Informe de la Oficina del Alto Comisionado de las Naciones Unidas para los Derechos HumanosA/HRC/54/53 : Enjeux en matière de droits de l’homme de la mobilisation et de la lutte contre le problème mondial de la drogue sous tous ses aspects - Rapport du Haut-Commissariat des Nations Unies aux droits de l’hommeПроблемы в области прав человека при решении мировой проблемы наркотиков во всех ее аспектах и борьбе с нею Доклад Управления Верховного комиссара Организации Объединенных Наций по правам человекаA/HRC/54/53:全方位处理和应对世界毒品问题方面的人权挑战 - 联合国人权事务高级专员办事处的报告
Document(s)
Pathways to Justice: Implementing a Fair and Effective Remedy following Abolition of the Mandatory Death Penalty in Kenya
By The Death Penalty Project, on 1 January 2019
2019
NGO report
More details See the document
This report draws on experiences in other jurisdictions where capital sentencing laws have been struck down or abolished, thereby generating the need for prisoners already unlawfully sentenced to death to be given substitute sentences. It delineates the ways in which other common law jurisdictions have addressed the practical and procedural challenges of resentencing following the abolition of the mandatory death penalty – navigating potential human rights infringements and ensuring that satisfactory requirements of due process are met. Resentencing procedures must also be scalable and practically accessible to the large number of individuals (thousands in the case of Kenya) entitled to relief.
- Document type NGO report
- Themes list Mandatory Death Penalty, Country/Regional profiles,
Document(s)
The Death Penalty In 2018: Year End Report
By Death Penalty Information Center / Death Penalty Information Centre, on 1 January 2018
2018
NGO report
More details See the document
New death sentences and executions remained near historic lows in 2018 and a twentieth state abolished capital punishment, as public opinion polls, election results, legislative actions, and court decisions all reflected the continuing erosion of the death penalty across the country.
- Document type NGO report
- Themes list Death Penalty,
Document(s)
The Last Supper
By Julie Green, on 1 January 2013
2013
Working with...
More details See the document
The Last Supper illustrates the meal requests of U.S. death row inmates. Cobalt blue mineral paint is applied to second-hand plates, then kiln-fired by technical advisor Toni Acock. I am looking for a space to exhibit all the plates on a ten-year loan. 540 final meals, and two first meals on the outside for exonerated men, are completed to date. I plan to continue adding fifty plates a year until capital punishment is abolished.
- Document type Working with...
- Themes list Death Row Conditions,
Document(s)
The Death Penalty: A Worldwide Perspective
By Roger Hood / Oxford University Press, on 1 January 2014
2014
Book
More details See the document
The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns.
- Document type Book
- Themes list Trend Towards Abolition,
Document(s)
Infographic: the Death Penalty in the Americas
By IACHR , on 1 January 2014
Multimedia content
esMore details See the document
On the occasion of the International Day against the Death Penalty, the Inter-American Commission on Human Rights (IACHR) urges member States of the Organization of American States (OAS) that retain the death penalty to abolish it, or to impose a moratorium on its application as a step toward abolition, and to ensure full compliance with decisions of the IACHR concerning death penalty cases. While a majority of the member States of the OAS has abolished capital punishment, a substantial minority retains it. The United States is currently the only country in the Western hemisphere to carry out executions.
- Document type Multimedia content
- Themes list Death Penalty, Statistics, Country/Regional profiles,
- Available languages Infografía: la Pena de Muerte en las Américas
Document(s)
RECOMMENDATION 1302 (1996) on the abolition of the death penalty in Europe
By Council of Europe / Parlamentary Assembly, on 1 January 1996
1996
Regional body report
More details See the document
The Assembly recalls Recommendation 1246 (1994) on the abolition of capital punishment. It welcomes the decision of the Committee of Ministers of 16 January 1996 to encourage member states which have not abolished the death penalty to operate, de facto or de jure, a moratorium on the execution of death sentences.
- Document type Regional body report
- Themes list International law,
Document(s)
Going backwards The death penalty in Southeast Asia
By International Federation for Human Rights (FIDH), on 1 January 2016
2016
NGO report
More details See the document
Over the past year, Southeast Asia has witnessed significant setbacks with regard to the abolitionof the death penalty. Indonesia, Malaysia, and Singapore have all carried out executions. It isunknown whether any executions were carried out in Vietnam, where statistics on the deathpenalty continue to be classified as ‘state secrets.’ In the name of combating drug trafficking,Indonesian President Joko Widodo is rapidly becoming Southeast Asia’s top executioner. ThePhilippines, which effectively abolished the death penalty for all crimes in 2006, is consideringreinstating capital punishment as part of President Rodrigo Duterte’s ill-conceived and disastrous‘war on drugs.’
- Document type NGO report
- Themes list Country/Regional profiles,
Document(s)
The Contradictions of American Capital Punishment
By Franklin E. Zimring / Oxford University Press, on 1 January 2003
2003
Book
United States
More details See the document
Why does the United States continue to employ the death penalty when fifty other developed democracies have abolished it? Why does capital punishment become more problematic each year? How can the death penalty conflict be resolved?In The Contradictions of American Capital Punishment, Frank Zimring reveals that the seemingly insoluble turmoil surrounding the death penalty reflects a deep and long-standing division in American values, a division that he predicts will soon bring about the end of capital punishment in our country. On the one hand, execution would seem to violate our nation’s highest legal principles of fairness and due process. It sets us increasingly apart from our allies and indeed is regarded by European nations as a barbaric and particularly egregious form of American exceptionalism. On the other hand, the death penalty represents a deeply held American belief in violent social justice that sees the hangman as an agent of local control and safeguard of community values.
- Document type Book
- Countries list United States
- Themes list Networks,
Document(s)
Drug-related Offences, Criminal Justice Responses and the Use of the Death Penalty in South-East Asia
By Office of the United Nations High Commissioner for Human Rights, on 1 January 2019
2019
International law - United Nations
More details See the document
Most of the world’s countries or territories have either abolished the death penalty or no longer use it. More than half of those that retain the death penalty, of which many are in South-East Asia, do so for drug-related offences. Most prisoners on death row in South-East Asia have been convicted of drug-related offences, although law and practice vary considerably among countries that retain the death penalty.
- Document type International law - United Nations
- Themes list Death Penalty, Statistics,
Document(s)
The Death Penalty for Drug Offences: Global Overview 2022
on 24 March 2023
2023
NGO report
China
Democratic People's Republic of Korea
Drug Offenses
Indonesia
Iran (Islamic Republic of)
Malaysia
Saudi Arabia
Singapore
Viet Nam
More details See the document
Harm Reduction International has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007. This report, our twelfth on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international standards. As of December 2022, Harm Reduction International (HRI) recorded at least 285 executions for drug offences globally during the year, a 118% increase from 2021, and an 850% increase from 2020. Executions for drug offences are confirmed or assumed to have taken place in six countries: Iran, Saudi Arabia, Singapore, plus in China, North Korea and Vietnam – on which exact figures cannot be provided because of extreme opacity. Therefore, this figure is likely to reflect only a percentage of all drug-related executions worldwide. Confirmed death sentences for drug offences were also on the rise; with at least 303 people sentenced to death in 18 countries. This marks a 28% increase from 2021.
- Document type NGO report
- Countries list China / Democratic People's Republic of Korea / Indonesia / Iran (Islamic Republic of) / Malaysia / Saudi Arabia / Singapore / Viet Nam
- Themes list Drug Offenses
Document(s)
Death penalty developments in 2005
By Amnesty International, on 1 January 2006
2006
NGO report
fresMore details See the document
This document covers significant events concerning the death penalty during the year 2005. Two countries abolished the death penalty for all crimes, bringing to 86 the number of totally abolitionist countries at year end. Moratoria or suspensions of executions were being observed in several countries. At least 2,148 people were executed in 22 countries, and at least 5,186 were sentenced to death in 53 countries. Eight child offenders were executed in Iran. Other sections include significant judicial decisions; the use of the death penalty against child offenders and resumptions of executions.
- Document type NGO report
- Themes list Statistics,
- Available languages La peine de mort dans le monde : évolution en 2005LA PENA DE MUERTE EN EL MUNDO: NOTICIAS DEL AÑO 2005
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)
Death sentences and executions in 2009
By Amnesty International, on 1 January 2010
2010
NGO report
arfresMore 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 type NGO report
- Themes list Statistics,
- Available languages أحكام الإعدام وعمليات الإعدام في عام 2009CONDAMNATIONS À MORT ET EXÉCUTIONS RECENSÉES EN 2009CONDENAS A MUERTE Y EJECUCIONES 2009
Document(s)
The Illusion of Heightened Standards in Capital Cases
By Anna VanCleave, University of Connecticut - School of Law, on 25 January 2024
2024
Article
Fair Trial
United States
More details See the document
Published on April 3, 2023.
The death penalty has gained its legitimacy from the belief that capital prosecutions are more procedurally rigorous than noncapi-tal prosecutions. This Article reveals how a project of heightened capital standards, set in motion when the Supreme Court ended and then revived the death penalty, was set up to fail.
In establishing what a constitutional death penalty would look like, the Court in 1976 called for heightened standards of reliability in capital cases. In the late 1970s and early 80s, the Supreme Court laid out specific constitutional procedures that must be applied in capital cases, and left the door open for the Eighth Amendment to do even more. In the decades that followed, state and federal courts have fueled a perception of heightened procedural rigor in capital cases by referring repeatedly to the heightened standards applica-ble in capital cases.
- Document type Article
- Countries list United States
- Themes list Fair Trial
Document(s)
The death penalty wordwide: developments in 2004
By Amnesty International, on 1 January 2005
2005
NGO report
fresMore details See the document
This document covers significant events concerning the death penalty during the year 2004. Five countries abolished the death penalty for all crimes, bringing to 84 the number of totally abolitionist countries at year end. Scores of death sentences were commuted in Malawi and Zambia, and moratoria or suspensions of executions were being observed in several other countries. Other subjects covered in this document include significant judicial decisions; the use of the death penalty against the innocent; resumptions of executions; and campaigning activities to promote abolition.
- Document type NGO report
- Themes list Statistics,
- Available languages La peine de mort dans le monde: évolution en 2004La pena de muerte en el mundo: noticias del año 2004
Document(s)
Legislators’ Opinions on the Death Penalty in Taiwan
on 24 March 2022
2022
NGO report
Public Opinion
Taiwan
zh-hantMore 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 type NGO report
- Countries list Taiwan
- Themes list Public Opinion
- Available languages 台灣立法委員對死刑 之意見調查
Document(s)
Co-Sponsorship, Note Verbale, and Association Behaviour at the Unga: An Analysis of the Death Penalty Moratorium Resolutions
By Daniel Pascoe & Sangmin Bae, on 22 April 2021
2021
Academic report
Moratorium
More details See the document
Since December 2007, seven resolutions in favour of a universal moratorium on death penalty executions have been adopted by the UN General Assembly. In an earlier paper (Pascoe and Bae 2020) we examined UN member states’ voting patterns over these seven resolutions, asking why some countries vote in a manner seemingly contradictory to their domestic death penalty practices. With a slightly different focus, we now further explore idiosyncratic state behaviour, this time through an analysis of co-sponsorship and the note verbale of dissociation. Our assumption is that states which plan to vote ‘yes’ in the plenary will also co-sponsor the resolution beforehand. We also presume that states which vote ‘no’ in the plenary will sign the note verbale invariably circulated several months later, as a further means of condemnation.
However, when it comes to the moratorium resolutions, not all member states fit into either of these binary categories. Many countries situate themselves in between the two groups of ‘genuine’ supporters and opponents. These countries in the middle evince inconsistency between their plenary votes and what we term their ‘association behaviour’ before or after the plenary, consisting of co-sponsorship and adherence to the note verbale. This paper analyses these groups of countries to determine the underlying causes for their ambivalent, or even contradictory, positions concerning the moratorium resolutions. The findings of this research stand to enrich not only the academic literature on international organizations, but also to inform the campaigning efforts of abolitionist UN member states and non-governmental organizations.
- Document type Academic report
- Themes list Moratorium
Article(s)
Connecticut increases momentum for abolition
By Elizabeth Zitrin, on 13 April 2012
Lawmakers in the US State of Connecticut have abolished capital punishment and the State’s governor has said that he would sign the bill into law. Elizabeth Zitrin of the US NGO Death Penalty Focus chairs the World Coalition’s working group on the United States. She writes on the significance of this news for the wider abolitionist movement.
2012
Murder Victims' Families
United States
Document(s)
Little Furmans Everywhere: State Court Intervention and the Decline of the American Death Penalty
By Carol S. Steiker & Jordan M. Steiker, on 1 September 2022
2022
Academic report
Trend Towards Abolition
United States
More details See the document
This article retraces the evolution and recent decline of death peanlty in the United States, notablt through state court interventions. These dynamics between judicial and political action illuminate the importance of state court intervention in the story of the American death penalty’s precipitous decline, which has tended to foreground other institutional actors and to neglect the complex interactions among branches of government. State judicial rulings, though often highly technical and, therefore, less visible and accessible to the public, have been a pervasive and powerful force in the two-decade-long diminution of the practice of capital punishment across the United States.
- Document type Academic report
- Countries list United States
- Themes list Trend Towards Abolition
Document(s)
Living with a Death Sentence in Kenya: Prisoners’ Experiences of Crime, Punishment and Death Row
By Carolyn Hoyle and Lucrezia Rizzelli, on 24 January 2023
2023
Book
Kenya
More details See the document
The Death Penalty Project’s latest report provides a comprehensive analysis of the lives of prisoners on death row in Kenya. It focuses on prisoners’ socio-economic backgrounds and profiles, their pathways to, and motivation for, offending, as well as their experiences of the criminal justice process and of imprisonment. It complements our previous research, a two-part study of attitudes towards the death penalty in Kenya, The Death Penalty in Kenya: A Punishment that has Died Out in Practice.
While 120 countries around the world have now abolished the death penalty, including 25 in Africa, Kenya is one of 22 African nations that continues to retain the death penalty in law, albeit it has not carried out any executions for more than three decades. As such, Kenya is classified as ‘abolitionist de facto’, the United Nations term for a country that has not carried out an execution for at least 10 years. Yet, while state-sanctioned executions no longer occur, hundreds of people are currently living under sentence of death and others are convicted and sentenced to death each year. As long as the death penalty is retained in law, there remains a risk that executions might resume if there is political change. Moreover, the plight and turmoil of those languishing on death row – consistently the poorest and most vulnerable – cannot be ignored. They are disproportionately sentenced to death and suffer the harshest punishments and treatment.
- Document type Book
- Countries list Kenya
Document(s)
SUMMARY OF THE MOST IMPORTANT FACTS OF 2002
By HANDS OFF CAIN, on 1 January 2003
2003
NGO report
enMore details See the document
The worldwide situation to date: The practice of the death penalty has drastically diminished in the past few years. Today the countries or territories that have abolished it or decline to apply it number 130. Of these: 78 are totally abolitionist; 14 are abolitionist for ordinary crimes; 2 are committed to abolition as members of the Council of Europe and in the meanwhile observe a moratorium; 6 countries are currently observing a moratorium and 30 are de facto abolitionist, not having executed any death sentences in the past ten years.
- Document type NGO report
- Themes list Statistics,
- Available languages Italian : I FATTI PIU´ IMPORTANTI DEL 2002
Document(s)
The Court is Satisfied with the Confession: Bahrain Death Sentences Follow Torture, Sham Trials
By Human Rights Watch, on 10 October 2022
2022
Article
Bahrain
arMore details See the document
In a February 2019 letter to the United Nations Office in Geneva, the government of Bahrain claimed that its courts “actually hand down very few death sentences.” In fact, since 2011, courts in Bahrain have sentenced 51 people to death, and the state has executed six since the end of a de facto moratorium on executions in 2017. As of June 2022, 26 men were on death row, and all have exhausted their appeals. Under Bahraini law, King Hamad bin Isa Al Khalifa has the power to ratify these sentences, commute them, or grant pardons.
- Document type Article
- Countries list Bahrain
- Available languages المحكمة تطمئن إلى سلامة الاعتراف : أحكام الإعدام في البحرين إثر التعذيب والمحاكمات الصُوَرية
Document(s)
Extrajudicial, summary or arbitrary executions
By United Nations General Assembly, on 5 August 2022
2022
United Nations report
More details See the document
To mark the fortieth anniversary of the establishment of the mandate on extrajudicial, summary or arbitrary executions, the Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz, offers a reflection from a historical perspective on the establishment of the mandate and the subsequent evolution of its working methods. He retraces the development of international standards and guidelines elaborated with the substantial contribution and support of the various mandate holders. The report also contains an analysis of the question of the death penalty from the perspective of whether it is compatible with the absolute prohibition of torture or other cruel, inhuman or degrading treatment or punishment and recommendations aimed at ensuring the protection of the right to life, as guaranteed under international human rights instruments.
- Document type United Nations report
Document(s)
Framing Death Penalty Politics in Malaysia
By Thaatchaayini Kananatu, on 1 September 2022
2022
Academic report
Malaysia
More details See the document
The death penalty in Malaysia is a British colonial legacy that has undergone significant scrutiny in recent times. While the Malaysian Federal Constitution 1957 provides that ‘no person shall be deprived of his life or personal liberty save in accordance with law’, there are several criminal offences (including drug-related crimes) that impose the mandatory and discretionary death penalty. Using Benford and Snow’s framing processes, this paper reviews death penalty politics in Malaysia by analysing the rhetoric of abolitionists and retentionists. The abolitionists, comprising activist lawyers and non-government organisations, tend to use ‘human rights’ and ‘injustice’ frames, which humanise the ‘criminal’ and gain international support. The retentionists, such as victims’ families, use a ‘victims’ justice’ frame emphasising the ‘inhuman’ nature of violent crimes. In addition, the retentionist state shifts between ‘national security’ and ‘national development’ frames. This paper finds that death penalty politics in Malaysia is predominantly a politics of framing.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Academic report
- Countries list Malaysia
Document(s)
‘Upholding the Cause of Civilization’: The Australian Death Penalty in War and Colonialism
By Mark Finnane, on 1 September 2022
Academic report
Australia
More details See the document
The abolition of the death penalty in Queensland in 1922 was the first in Australian jurisdictions, and the first in the British Empire. However, the legacy of the Queensland death penalty lingered in Australian colonial territories. This article considers a variety of practices in which the death penalty was addressed by Australian decision-makers during the first half of the 20th century. These include the exemption of Australian soldiers from execution in World War I, use of the death penalty in colonial Papua and the Mandate Territory of New Guinea, hanging as a weapon of war in the colonial territories, and the retrieval of the death penalty for the punishment of war crimes. In these histories, we see not only that the Queensland death penalty lived on in other contexts but also that ideological and political preferences for abolition remained vulnerable to the sway of other historical forces of war and security.
This article was first pubished in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Academic report
- Countries list Australia
Document(s)
Anti–Death Penalty Advocacy: A Lawyer’s View from Australia
By Julian McMahon SC, on 1 September 2022
Article
Australia
More details See the document
This article reviews the executions of Australians in the region and the Australian responses over the past two decades. Informed by the author’s legal defence role in death penalty cases in Singapore and Indonesia and other countries, the article explores developments in anti–death penalty advocacy since 2015: the parliamentary enquiry, the ‘whole of government’ strategy led by the Department of Foreign Affairs and Trade and the efforts made by Australia and Australians in Asia.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Article
- Countries list Australia
Document(s)
Philippines – Committee on the Elimination of Discrimination Against Women – Death Penalty – June 2022
on 21 July 2022
2022
NGO report
Philippines
Women
More details Download [ pdf - 443 Ko ]
The Government of the Philippines has taken commendable steps toward protecting and promoting the rights of women overseas Filipino workers (OFWs), but those workers remain vulnerable to exploitation and abuse, and when they come into conflict with the law in their host countries, their vulnerabilities are compounded by linguistic and legal barriers, as well as judicial systems which fail to account for the gendered context in which they allegedly committed criminal acts. The Government of the Philippines should do more to ensure protection of the rights of these women OFWs, particularly when they are at risk of being sentenced to death.
- Document type NGO report
- Countries list Philippines
- Themes list Women
Document(s)
Tunisia – Committee Against Torture (LOIPR) – Death Penalty – June 2022
on 21 July 2022
NGO report
World Coalition
Cruel, Inhuman and Degrading Treatment and Punishment
Tunisia
More details See the document
Tunisia carried out its last execution in 1991, over 30 years ago. Despite this de facto moratorium on executions, Tunisian courts continue to sentence people to death. Courts sentence people to death every year for a variety of crimes, especially terrorism. The current administration is undoing many of the positive changes to the Tunisian judicial system brought about by the 2011 revolution, and public opinion is divided over whether to move forward with abolition, maintain the status quo, or even resume executions, a course of action that some politicians and officials within the government support. Tunisia continues to support the UN resolutions aiming to establish a global moratorium on executions but has refused to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights.
This report recommends that Tunisia maintain its commitment to the UN moratorium and move to ratify the Second Optional Protocol, while also working to restore the independence of its judiciary and reducing the total number of crimes punishable by death in the short term. In the long-term Tunisia should completely and unconditionally abolish the death penalty.
- Document type NGO report / World Coalition
- Countries list Tunisia
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment
Document(s)
Anniversary tool – 20th World Day
By the World Coalition Against the Death Penalty, on 8 July 2022
2022
World Coalition
arfrMore 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 type World Coalition
- Available languages أداة الذكرى السنوية - اليوم العالمي العشرينOutil anniversaire - 20e Journée mondiale
Document(s)
Detailed Factsheet – World Day 2022
By the World Coalition Against the Death Penalty, on 4 July 2022
2022
World Coalition
frMore details Download [ pdf - 893 Ko ]
Detailed factsheet on torture and the death penalty, for the 20th World Day Against the Death Penalty (2022).
- Document type World Coalition
- Available languages Fiche détaillée - Journée mondiale 2022
Document(s)
West Africa: Time to abolish the death penalty
By Amnesty International, on 1 January 2003
2003
NGO report
frMore details See the document
This doument summarizes each of the 16 ECOWAS countries’ legislation on the death penalty, provides information on the most recent executions and convictions and notes the view currently taken by the governments concerned. Two thirds have already abolished the death penalty
- Document type NGO report
- Themes list Statistics,
- Available languages AFRIQUE DE L’OUEST : Il est temps d’abolir la peine de mort
Document(s)
Death sentences and executions in 2010
By Amnesty International, on 1 January 2011
2011
NGO report
fresMore details See the document
In the last decade, more than 30 countries have abolished the death penalty in law or practice. Fifty-eight countries worldwide now retain the death penalty for ordinary crimes, and less than half of these carried out executions in 2010. This report analyzes some of the key developments in the worldwide application of the death penalty in 2010, citing figures gathered by Amnesty International on the number of death sentences handed down and executions carried out during the year.
- Document type NGO report
- Themes list Statistics,
- Available languages Condamnations à mort et exécutions et exécutions en 2010Condenas a meurte y ejecuciones en 2010
Document(s)
Gender, Violence, and the Death Penalty
By Sandra Babcock and Nathalie Greenfield, California Western International Law Journal , on 1 February 2024
2024
Academic Article
Gender
Women
More details See the document
Published in 2023.
This article is the first in a series that will systematically explore how gender has affected the criminal proceedings of women currently on death row. For this inaugural article, we have undertaken the first—and, to our knowledge, only comprehensive analysis of gender-based violence (“GBV”) in the lives of all women currently on death row, examining the prevalence of GBV and how it has shaped the lives and affected the criminal prosecutions of women facing execution. Our research reveals, for the first time, that almost every woman on death row in the United States has experienced GBV. Indeed,the great majority have experienced more than one incident of GBV in their lifetime. Our findings align with previous studies demonstrating that women’s pathways to incarceration are paved with physical, sexual, and psychological abuse. Our research further shows that both in the United States and around the world, defense attorneys frequently fail to present evidence of GBV in women’s capital trials. When they do introduce such evidence, they fail to fully explain the nature of their clients’ victimization and the harm they have suffered as a result. Moreover, prosecutors frequently rely on gendered tropes to discredit women’s accounts of violence such as childhood sexual abuse, rape, and intimate partner violence. Consequently, those who sentence women to die rarely comprehend the extensive trauma that the women have endured throughout their lives, and how that trauma relates to their legal and moral culpability.
- Document type Academic Article
- Themes list Gender / Women
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)
Adieu to Electrocution
By Deborah W. Denno / Ohio Northern University Law Review, on 1 January 2000
2000
Article
United States
More details See the document
Much has been written about why electrocution has persisted so stubbornly over the course of the twentieth century. This Article focuses briefly on more recent developments concerning why electrocution should be abolished entirely. Part I of this Article describes the facts and circumstances surrounding Bryan as well as Bryan’s unusual world-wide notice due to the gruesome photos of the executed Allen Lee Davis posted on the Internet. Part II focuses on the sociological and legal history of electrocution, most particularly the inappropriate precedential impact of In re Kemmler. In Kemmler, the Court found the Eighth Amendment inapplicable to the states and deferred to the New York legislature’s determination that electrocution was not cruel and unusual. Regardless, Kemmler has been cited repeatedly as Eighth Amendment support for electrocution despite Kemmler’s lack of modern scientific and legal validity.
- Document type Article
- Countries list United States
- Themes list Electrocution,
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)
From seventy-eight to zero: Why executions declined after Taiwan’s democratization
By Fort Fu-Te Liao / Punishment and Society, on 8 September 2020
2020
Article
Taiwan
More details See the document
This article examines, from a legal perspective, why executions in Taiwan declined from 78 in 1990 to zero in 2006. The inquiry focuses on three considerations: the number of laws that authorized employment of the death penalty; the code of criminal procedure; and the manner in which executions were carried out, including the manner in which amnesty was granted. The article argues that the ratification of international covenants and constitutional interpretations did not play a significant role in the decline, and that several factors that did play a role included the annulment or amendment of laws, changes in criminal procedure, establishment of and further amendments to guidelines for execution and two laws for reducing sentences. This article maintains that the absence of executions in 2006 is a unique situation that will not last because some inmates remain on death row, meaning that executions in Taiwan will continue unless the death penalty is abolished. However, the article concludes that the guarantee of the utmost human right, the right to life, can be sustained in Taiwan through the demands of democratic majority rule.
- Document type Article
- Countries list Taiwan
- Themes list Networks,
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-hantMore 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 type United Nations report
- Themes list Trend Towards Abolition,
- Available languages عقوبة الإعدام وتنفيذ الضمانات التي تكفل حماية حقوق الذين يواجهون عقوبة الإعدام : م ذكّرة من الأمين العامСмертная казнь и применение мер, гарантирующих защиту прав тех, кому грозит смертная казнь : Доклад Генерального секретаряLa pena capital y la aplicación de las salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte : Informe del Secretario GeneralPeine capitale et application des garanties pour la protection des droits des personnes passibles de la peine de mort: Rapport du Secrétaire général死刑和保护死刑犯权利的保障措施的执行情况: 秘书长的报告
Document(s)
Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances
By Council of Europe, on 1 January 2002
2002
Regional body report
enenrufrMore details See the document
Article 1 – Abolition of the death penaltyThe death penalty shall be abolished. No one shall be condemned to such penalty or executed.
- Document type Regional body report
- Themes list International law,
- Available languages German : Protokoll Nr. 13 zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten bezüglich der Abschaffung der Todesstrafe unter allen UmständenItalian : Protocollo n° 13 alla Convenzione per la salvaguardia dei Diritti dell'Uomo e delle Libertà fondamentali relativo all'abolizione delle pena di morte in ogni circostanzaПротокол № 13 к Конвенции о защите прав человека и основных свобод относительно отмены смертной казни при любых обстоятельствахProtocole n° 13 à la Convention de sauvegarde des Droits de l'Homme et des Libertés fondamentales, relatif à l'abolition de la peine de mort en toutes circonstances
Article(s)
Moving towards an inter-Arab coalition against the death penalty
on 1 May 2007
As of today, no country in North Africa and the Middle-East has yet abolished the death penalty. However, there are positive signs that the region is now ready to debate the issue – as can be seen from the profusion of discussions and exchanges that took place during the 3 rd World Congress against the Death Penalty.
2007
Public Opinion
Women
Document(s)
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty
By Council of Europe, on 1 January 1983
1983
Regional body report
enenrufrMore details See the document
Article 1 – Abolition of the death penaltyThe death penalty shall be abolished. No-one shall be condemned to such penalty or executed.
- Document type Regional body report
- Themes list International law,
- Available languages German : Protokoll Nr. 6 zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten über die Abschaffung der TodesstrafeItalian : Protocollo n° 6 alla Convenzione per la salvaguardia dei Diritti dell'Uomo e delle Libertà fondamentali sull'abolizione delle pena di morteПротокол № 6 к Конвенции о защите прав человека и основных свобод относительно отмены смертной казниProtocole no. 6 à la Convention de sauvegarde des Droits de l'Homme et des Libertés fondamentales concernant l'abolition de la peine de mort
Document(s)
Safeguards guaranteeing protection of the rights of those facing the death penalty
By United Nations, on 1 January 1984
1984
United Nations report
arrufrzh-hantesMore details See the document
Approved by Economic and Social Council resolution 1984/50 of 25 May 19841. In countries which have not abolished the death penalty, capital punishment may be imposed only for the most serious crimes, it being understood that their scope should not go beyond intentional crimes with lethal or other extremely grave consequences.
- Document type United Nations report
- Themes list Fair Trial, International law, Most Serious Crimes,
- Available languages الضمانات التي تكفل حماية حقوق الذين يواجهون عقوبة الإعدامМеры, гарантирующие защиту прав тех, кому грозит смертная казньGaranties pour la protection des droits des personnes passibles de la peine de mort关于保护面对死刑的人的 权利的保障措施Salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte
Document(s)
International Covenant on Civil and Political Rights
By United Nations, on 1 January 1966
1966
United Nations report
arrufrzh-hantesMore details See the document
Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.
- Document type United Nations report
- Themes list International law,
- Available languages العهد الدولي الخاص بالحقوق المدنية والسياسيةМеждународный пакт о гражданских и политических правахPacte international relatif aux droits civils et politiques公民权利和政治权利国际盟约Pacto Internacional de Derechos Civiles y Políticos
Document(s)
The Physician in the Execution Chamber: No Such Thing as the Normal Pain of Dying
By Joel Zivot, California Western International Law Journal , on 1 February 2024
2024
Academic Article
United States
More details See the document
Published in October 2023.
For capital punishment to be lawful in the United States of America, it must occur without cruelty, a requirement of the traditional reading of the Eighth Amendment. There has never been a consensus on what form of execution is cruel, although some historic practices are shockingly barbaric to modern sensibilities— I think of the “draw and quarter” technique. The family of the murdered victim may fairly argue that the murderous behavior should be the minimum degree of cruelty meted out. But western countries eschew that standard and seek moderate forms, partly to deter by punishment and partly as a forfeit of the murderer’s life for the victim’s life when execution is allowed in that state. Certainly, there is substantial support for continuation of execution in states that allow it. The judges must be respectful of that, but still, they must respect the 8th amendment. At present, the prevalent method of execution in the United States is “lethal injection” using injectable medicines in very high doses that are repurposed to kill the prisoner. Because it is impossible to ask an executed individual about the cruelty experienced during their own death, the state instead relies on the empathy of witnesses to gauge the cruelty of a prisoner’s execution. Lethal injection was expected to be a bloodless execution and aimed to eliminate the visible appearance of cruelty, sometimes through the use of a paralytic.
- Document type Academic Article
- Countries list United States
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-hantesMore 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 type International law - United Nations
- Themes list Trend Towards Abolition,
- Available languages دام عقوبة مسألة: العام الأمينВопрос о смертной казни: Доклад Генерального секретаряQuestion de la peine de mort : Rapport du Secrétaire général死刑问题: 秘书长的报告La cuestión de la pena capital: Informe del Secretario General
Document(s)
The Death Penalty in the OSCE Area: Background Paper 2019
By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2019
2019
International law - Regional body
More details See the document
Fifty-five (55) OSCE participating States have either completely abolished the death penalty or maintain moratoria on executions as an important first step towards abolition. However, in a global context where discussions focus on the threat of terrorism and a need to be tough on crime, it is perhaps not surprising that the question of reintroducing the death penalty surfaces at times, including in the OSCE region. It is, therefore, a good moment to reflect on the reasons why there is still support for the death penalty, considering the growing understanding that capital punishment is a cruel, inhuman and degrading punishment. Some of the most persistent arguments used to justify the use of the death penalty and its possible reintroduction will be discussed in the report.
- Document type International law - Regional body
- Themes list Trend Towards Abolition,
Document(s)
The Death Penalty in 2020: Year-End Report
By Death Penalty Information Center, on 1 January 2020
2020
NGO report
United States
More details See the document
2020 was abnormal in almost every way, and that was clearly the case when it came to capital punishment in the United States. The interplay of four forces shaped the U.S. death penalty landscape in 2020: the nation’s long-term trend away from capital punishment; the worst global pandemic in more than a century; nationwide protests for racial justice; and the historically aberrant conduct of the federal administration. At the end of the year, more states had abolished the death penalty or gone ten years without an execution, more counties had elected reform prosecutors who pledged never to seek the death penalty or to use it more sparingly; fewer new death sentences were imposed than in any prior year since the Supreme Court struck down U.S. death penalty laws in 1972; and despite a six-month spree of federal executions without parallel in the 20th or 21st centuries, fewer executions were carried out than in any year in nearly three decades.
- Document type NGO report
- Countries list United States
Document(s)
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-hantesfrMore 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 type United Nations report
- Themes list Moratorium ,
- Available languages وقف استخدام عقوبة الإعدام :تقرير الأمين العامМоратории на применение смертной казни: Доклад Генерального секретаря暂停使用死刑: 秘书长的报告Moratoria del uso de la pena de muerte : Informe del Secretario GeneralMoratoires sur l'application de la peine de mort: Rapport du Secrétaire général
Document(s)
A Penalty Without Legitimacy: The Mandatory Death Penalty in Trinidad and Tobago
By Douglas Mendes / Florence Seemungal / Jeffrey Fagan / Roger Hood / The Death Penalty Project, on 1 January 2009
2009
NGO report
More details See the document
As a result of legal challenges, and in line with the trend worldwide, the mandatory death penalty has now been abolished in nine Caribbean countries and a discretion to impose a lesser sentence has been given to the judges of the Eastern Caribbean, Belize, Jamaica and the Bahamas. However, in relation to Trinidad & Tobago, in the case of Charles Matthew (Matthew v The State [2005] 1 AC 433), a majority of the Judicial Committee of the Privy Council decided – notwithstanding that the mandatory death penalty was cruel and unusual punishment in violation of entrenched fundamental freedoms and human rights established in the Constitution of Trinidad & Tobago – that it remained protected from constitutional challenge by the operation of the “savings clause” in the Constitution. As a result, Trinidad & Tobago remains one of only three Commonwealth Caribbean countries (Barbados and Guyana being the other two) that still retains the mandatory death penalty.
- Document type NGO report
- Themes list Mandatory Death Penalty,
Document(s)
THE MOST IMPORTANT FACTS OF 2001
By HANDS OFF CAIN, on 1 January 2002
2002
NGO report
enMore details See the document
The year 2001 has confirmed the accelerated trend towards the abolition of the death penalty on course for the past ten years. In 2001 the Federal Republic of Yugoslavia became totally abolitionist, Chile abolished the death penalty for ordinary crimes, Ireland removed all references to the death penalty from its constitution, Burkina Faso joined the group of de facto abolitionists not having carried out any executions for more than ten years, and Lebanon has imposed a moratorium on executions.
- Document type NGO report
- Themes list Statistics,
- Available languages Italian : I FATTI PIÙ IMPORTANTI DEL 2001
Document(s)
UN Special Procedures toolkit – World Day 2023
By FIACAT and the World Coalition Against the Death Penalty, on 18 September 2023
2023
World Coalition
frMore details Download [ pdf - 345 Ko ]
There are several ways in which individuals and non-governmental organizations (NGOs) can work with the UN to report human rights violations. One way is through the special procedures of the UN Human Rights Council (HRC). Find out how to work with them here.
- Document type World Coalition
- Available languages Travailler avec les Procédures spéciales des Nations unies - Journée mondiale 2023
Document(s)
Indonesian – Laporan Global Amnesty International : hukuman mati dan eksekusi 2023
on 29 May 2024
2024
NGO report
Trend Towards Abolition
More details Download [ pdf - 897 Ko ]
Pemantauan yang dilakukan oleh Amnesty Internasional terhadap hukuman mati secara global
mencatat terdapat 1.153 eksekusi hukuman mati pada tahun 2023. Angka tersebut menunjukkan
adanya peningkatan sebanyak 31% dari 883 eksekusi pada tahun 2022. Namun, ada penurunan
yang signifikan pada angka negara yang menerapkan hukuman mati. Dari 20 negara pada 2022
menjadi hanya 16 negara di 2023
- Document type NGO report
- Themes list Trend Towards Abolition
Document(s)
File: Saudi Arabia in the World Day against the Death Penalty, execution of Civil Society
By European Saudi Organisation for Human Rights, on 1 January 2018
2018
Multimedia content
Saudi Arabia
More details See the document
Saudi Arabia uses the death penalty as an instrument against individuals, society and freedoms. It is used far away from any international laws and frameworks as it is applied sometimes on children. These practices have become an approach that includes numerous violations as well as denial of the right to life, such as arbitrary detention, torture and unfair trials. As the world revives the anti-death penalty day on October 10, the European Saudi organization for Human Rights (ESOHR) illuminates it through its figures, the issues it has documented and the campaigns it has led. Through the articles published ESOHR tries to show the usage of the death penalty by the Saudi government as a mean to achieve its goals and to impose silence.
- Document type Multimedia content
- Countries list Saudi Arabia
- Themes list Death Penalty, Country/Regional profiles,
Document(s)
The 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)
Death Penalty Cost
By Amnesty International - USA, on 8 September 2020
2020
Arguments against the death penalty
esMore details See the document
This factsheet deals with the cost of the death penalty in the United States using figures from a study conducted by the Californian Commission on the Fair Administration of Justice.
- Document type Arguments against the death penalty
- Themes list Networks, Financial cost,
- Available languages La Pena de Muerte Cuesta Más
Document(s)
Death Penalty and Race
By Amnesty International - USA, on 8 September 2020
Arguments against the death penalty
esMore details See the document
From initial charging decisions to plea bargaining to jury sentencing, African-Americans are treated more harshly when they are defendants, and their lives are accorded less value when they are victims.
- Document type Arguments against the death penalty
- Themes list Discrimination,
- Available languages La Pena de Muerte tiene Tendencias Racistas
Document(s)
Death Penalty and Arbitrariness
By Amnesty International - USA, on 8 September 2020
Arguments against the death penalty
More details See the document
This sheet details the factors which contribute to the arbitrariness of the death penalty in the USA.
- Document type Arguments against the death penalty
- Themes list Arbitrariness,
Document(s)
Death Penalty and Deterrence
By Amnesty International - USA, on 8 September 2020
Arguments against the death penalty
More details See the document
An argument against deterrence is made by looking at a survey which found that during the last 20 years, the homicide rate in states with the death penalty has been 48 to 101 percent higher than in states without the death penalty.
- Document type Arguments against the death penalty
- Themes list Deterrence ,
Document(s)
Religion and the Death Penalty
By Death Penalty Information Center, on 8 September 2020
Arguments against the death penalty
More details See the document
In recent years, a growing number of religious organizations have participated in the nation’s death penalty debate. The purpose of this Web page is to provide access to information regarding the efforts of these faith groups and to highlight recent developments related to religion and the death penalty.
- Document type Arguments against the death penalty
- Themes list Religion ,
Document(s)
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)
Discrimination and Instructional Comprehension: Guided Discretion, Racial Bias, and the Death Penalty
By Craig Haney / Mona Lynch / Law and Human Behavior, on 1 January 2000
Article
United States
More details See the document
This study links two previously unrelated lines of research: The lack of comprehension of capital penalty-phase jury instructions and discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. Dependent measures included a sentencing verdict (life without the possibility of parole or the death penalty), ratings of penalty phase evidence, and a test of instructional comprehension. Results indicated that instructional comprehension was poor overall and that, although Black defendants were treated only slightly more punitively than White defendants in general, discriminatory effects were concentrated among participants whose comprehension was poorest. In addition, the use of penalty phase evidence differed as a function of race of defendant and whether the participant sentenced the defendant to life or death. The study suggest that racially biased and capricious death sentencing may be in part caused or exacerbated by the inability to comprehend penalty phase instructions.
- Document type Article
- Countries list United States
- Themes list Networks,
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)
Death Penalty and Innocence
By Amnesty International - USA, on 8 September 2020
2020
Arguments against the death penalty
More details See the document
This webpage talks about innocence and the death penalty: Examples of innocence in three cases in the United States and factors leading to wrongful conviction.
- Document type Arguments against the death penalty
- Themes list Innocence,
Document(s)
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)
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 Prevalence and Potential Causes of Wrongful Conviction by Fingerprint Evidence.
By Simon A. Cole / Golden Gate University Law Review, on 1 January 2006
2006
Article
United States
More details See the document
As the number of post-conviction DNA exonerations mounted and the Innocence Project undertook to treat these exonerations as a data set indicating the principal causes of wrongful conviction, the absence of fingerprint cases in that data set could have been interpreted as soft evidence that latent print evidence was unlikely to contribute to wrongful convictions. That situation changed in 2004 when Stephan Cowans became the first – and thus far the only – person to be exonerated by DNA evidence for a wrongful conviction in which fingerprint evidence was a contributing factor. Cowans’s wrongful conviction in Boston in 1997 for the attempted murder of a police officer was based almost solely on eyewitness identification and latent print evidence. The Cowans case not only provided dramatic additional support for the already established proposition that wrongful conviction by fingerprint was possible, it also demonstrated why the exposure of such cases, when they do occur, is exceedingly unlikely. These points have already been made in a comprehensive 2005 study of exposed cases of latent print misattributions. In this article, I discuss some additional things that we have learned about the prevalence and potential causes of wrongful conviction by fingerprint in the short time since the publication of that study.
- Document type Article
- Countries list United States
- Themes list Innocence,
Document(s)
The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes, January 1, 1973 – February 28, 2005
By Victor Streib / Ohio Northern University, on 8 September 2020
2020
Article
United States
More details See the document
This is Issue #77, the final issue of these periodic reports, having first been launched on June 15, 1984. On that date, the death penalty for juvenile offenders (defined as those under age 18 at the time of their crimes) was an obscure issue in law as well as in political and social arenas. During the last twenty-one years, these reports have been with us (1) through the intense litigation of the late 1980s, (2) through our society’s near hysteria about violent juvenile crime in the 1990s, (3) into the era of the international pressure on the United States to abandon this practice, and (4) now at the end of this practice. The validity and influence of these reports is indicated by thecitations to them in the opinions of leading courts, including the United States Supreme Court: Roper v. Simmons, 125 S.Ct. 1183, 1192, 1193, 1210, 1211, 1221 (2005); In re Stanford, 537 U.S. 968, 971 (2002); and Stanford v. Kentucky, 492 U.S. 361, 373 (1989). In the litigation leading up to the final juvenile death penalty case before the United States Supreme Court (Roper v. Simmons, 125 S.Ct. 1183 (2005)), the Missouri Supreme Court majority opinion included 12 citations to these reports: See Simmons v. Roper, 112 S.W.3d 397, 408, 409, 411 (Mo. 2003). This final issue of this periodic report is intended to document the status of the death penalty for juvenile offenders as ofthe day before the United States Supreme Court held this practice to be unconstitutional. These reports sketch the characteristics of the juvenile offenders and their crimes who have been sentenced to death, who have been executed, and who are currently under death sentences. —- See bottom left hand corner of web page.
- Document type Article
- Countries list United States
- Themes list Juveniles,
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)
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)
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
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 and Mental Illness
By Amnesty International - USA, on 1 January 2013
2013
Arguments against the death penalty
esMore details See the document
The execution of those with mental illness or “the insane” is clearly prohibited by international law. Virtually every country in the world prohibits the execution of people with mental illness. This webpage explores international law and the death penalty in relation to the USA.
- Document type Arguments against the death penalty
- Themes list Mental Illness,
- Available languages La Pena de Muerte ignora las Enfermedades Mentales