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Document(s)

Bloodsworth an Innocent Man

By Gregory Bayne, on 1 January 2015


2015

Working with...


More details See the document

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

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

Document(s)

Death Penalty Mitigation A Handbook for Mitigation Specialists, Investigators, Social Scientists, and Lawyers

By Oxford University Press / Jose B. Ashford / Melissa Kupferberg, on 1 January 2013


2013

Book


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This book provides an introduction to socio-legal forms of mitigation in capital sentencing. It helps mitigation specialists, defense investigators, social scientists, and lawyers in developing socio-cultural themes of mitigation. It examines scientific formulations, concepts, and frameworks for structuring social history investigations and assessments of moral culpability. A fundamental aim of this handbook was to provide mitigation professionals not only with an understanding of the context of mitigation in criminal justice thinking, but also ways of contextualizing issues of blame and culpability.

  • Document type Book
  • Themes list Due Process ,

Document(s)

Arcs of Global Justice

By Oxford University Press / Margaret M. Guzman / Diane Marie Amann, on 1 January 2018


2018

Book


More details See the document

This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.Table of Contents (regarding information on the death penalty)II. Capital PunishmentChapter 5: International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change?Sandra L. BabcockChapter 6: The UN Optional Protocol on the Abolition of the Death PenaltyMarc BossuytChapter 7: The Right to Life and the Progressive Abolition of the Death PenaltyChristof Heyns and Thomas Probert and Tess BordenChapter 8: Progress and Trend of the Reform of the Death Penalty in ChinaZhao Bingzhi

  • Document type Book
  • Themes list International law, Death Penalty,

Document(s)

Silently Silenced: State-Sanctioned Killing of Women

By Eleos Justice, Cornell Center on the Death Penalty Worldwide , on 30 March 2023


2023

Academic report

Women


More details See the document

Silently Silenced: State-Sanctioned Killing of Women examines States’ involvement in ‘feminicide’. Feminicide is understood as the gender-motivated killing of women and girls that States actively engage in, condone, excuse, or fail to prevent. We use the term ‘feminicide’ to refer to the various forms of State-sanctioned killing of women and girls. In this report, we outline States’ direct involvement and complicity in the killings of women and girls and explain these deaths as a product of gendered forms of structural violence upheld and sustained by the State. We examine 3 types of feminicide: gender- related killings of women directly perpetrated by the State, such as the death penalty and extrajudicial killings; gender-related killings of women committed by non-State actors that are excused or condoned by the State; and gender-related killings of women that the State failed to prevent.

  • Document type Academic report
  • Themes list Women

Document(s)

Death Penalty in India: Annual Statistics Report 2019

By NLU Delhi , on 1 January 2020


2020

Academic report


More details See the document

The ‘Death Penalty in India: Annual Statistics’ attempts to create a comprehensive year-by-year documentation of movements in the death row population in India. The publication tracks important political and legal developments in the administration of the death penalty and the criminal justice system in the year 2019.

  • Document type Academic report
  • Themes list Death Penalty, Statistics,

Document(s)

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

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


2019

Article

Bangladesh


More details See the document

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

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

Document(s)

Trial by fire

By Edward Zwick, on 1 January 2019


Multimedia content

United States


More details See the document

Trial by Fire is the true-life Texas story of the unlikely bond between an imprisoned death row inmate (Jack O’Connell) and a mother of two from Houston (Laura Dern) who, though facing staggering odds, fights mightily for his freedom. Cameron Todd Willingham, a poor, uneducated heavy metal devotee with a violent streak and a criminal record, is convicted of arson-related triple homicide in 1992. During his 12 years on death row, Elizabeth Gilbert, an improbable ally, uncovers questionable methods and illogical conclusions in his case, and battles with the state to expose suppressed evidence that could save him.

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

Document(s)

Last Day of Freedom

By Dee Hibbert-Jones / Nomi Talisman, on 1 January 2015


2015

Working with...


More details See the document

When Bill Babbitt realizes his brother Manny has committed a crime he agonizes over his decision: should he call the police? Last Day of Freedom, a richly animated personal narrative, tells the story of Bill’s decision to stand by his brother in the face of war, crime and capital punishment. The film is a portrait of a man at the nexus of the most pressing social issues of our day – veterans’ care, mental health access and criminal justice.

  • Document type Working with...
  • Themes list Murder Victims' Families,

Document(s)

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

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


2010

Multimedia content

United Kingdom


More details See the document

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

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

Document(s)

Texas Death Penalty Developments in 2016: The Year in Review

By Texas Coalition to Abolish the Death Penalty, on 1 January 2016


2016

NGO report


More details See the document

TCADP reviews the death penalty situation in Texas in 2016: The State of Texas executed seven people in 2016, the lowest number of executions in two decades. Seven other individuals with execution dates received reprieves from the Texas Court of Criminal Appeals. It was only the second time since the resumption of executions in 1982 that no African-Americans were put to death in Texas.

  • Document type NGO report
  • Themes list Discrimination, Intellectual Disability, Death Penalty, Statistics, Country/Regional profiles,

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

Document(s)

Financial Costs of the Death Penalty

By Office of Performance Evaluations Idaho Legislature, on 1 January 2014


2014

Government body report


More details See the document

Idaho’s death penalty involves many criminal justicestakeholders at both the local and state levels and in all three branches of government. Because death penalty processes involve so many entities, legislators asked for a better understanding of the structure, workings, and costs. The following events also sparked legislative interest: (1) two offenders sentenced to death werelater released from prison in 2001 and (2) two recent executions after a 17-year pause.Legislators wanted to know whether costs of sentencingdefendants to death could be compared with costs of sentencing them to life in prison.

  • Document type Government body report
  • Themes list Statistics, Financial cost,

Document(s)

China Against the Death Penalty Report 2012

By China Against the Death Penalty, on 1 January 2012


2012

NGO report

zh-hant
More details Download [ pdf - 170 Ko ]

The original report in Chinese was in three parts. Part I, translated here, outlines the legal system and its application in relation to the death penalty. Part II introduces the use of the death penalty review system following the Supreme People’s Court’s resumption of its power to review death sentences on January 1st, 2007. Part II also analyses the influence of the death penalty review system on the new criminal procedure law that will come into effect in 2013. Part III introduces a number of death penalty cases.

Document(s)

Is Public Opinion a Justifiable Reason Not to Abolish the Death Penalty? A Comparative Analysis of Surveys of Eight Countries

By Roger Hood / Berkeley Journal of Criminal Law, on 1 January 2018


2018

Article


More details See the document

Roger Hood, “Is Public Opinion a Justifiable Reason Not to Abolish the Death Penalty? A Comparative Analysis of Surveys of Eight Countries”, 23 Berkeley J. Crim. L. 218 (2018)

  • Document type Article
  • Themes list Public opinion, Death Penalty,

Document(s)

Film “Kill Troy Killing Me”

By Garry A. Boast / Cerebral Motion Productions, on 8 September 2020


2020

Academic report

United States


More details See the document

A death penalty abolitionist (Martina Correia) must sound the alarms of our criminal justice system in time to save her brother from lethal injection.

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

Document(s)

Film: “The Execution of Wanda Jean”

By Liz Garbus / New Video Group, on 8 September 2020


Academic report

United States


More details See the document

In THE EXECUTION OF WANDA JEAN, award-winning filmmaker Liz Garbus continues her investigations into the American criminal justice system with the compelling story of convicted murderess Wanda Jean Allen

  • Document type Academic report
  • Countries list United States
  • Themes list Trend Towards Abolition,

Document(s)

The Guiding Hand of Counsel’ and the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases

By Robin M. Maher / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

The ABA has long been concerned with the provision of effective counsel for all criminal defendants, especially for those facing the death penalty. In 1989, the ABA first published its Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases, which detailed the kind of competent, effective legal representation that all capital defendants were entitled to receive. Earlier this year, after a two-year effort drawing upon the expertise of a broad group ofdistinguished and experienced judges, lawyers, and academics, the ABA House of Delegates overwhelmingly approved revisions to those Guidelines to update and expand upon the obligations of death penalty jurisdictions to ensure due process of law and justice. “These Guidelines are not aspirational.” They articulate a national standard of care and the minimum that should be required in the defense of capital cases.

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

Document(s)

Death Sentencing Database

By Brandon L. Garrett / End of its Rope, on 1 January 2018


2018

Working with...


More details See the document

This resource website displays data concerning death sentencing in the United States from 1990 to present. Research using these data includes a book, “End of its Rope: How Killing the Death Penalty Can Revive Criminal Justice” published by Harvard University Press in Fall 2017. This research was conducted by Professor Brandon L. Garrett with the support of the University of Virginia School of Law.

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

Document(s)

The death penalty in Africa

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


2004

Article


More details See the document

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

  • Document type Article
  • Themes list Networks,

Document(s)

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

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


2001

Article

United States


More details See the document

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

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

Document(s)

Exonerations in the United States 1989 Through 2003

By Daniel J. Matheson / Kristin Jacoby / Samuel R. Gross / Journal of Criminal Law and Criminology / Nicholas Montgomery / Sujata Patil, on 1 January 2005


2005

Article

United States


More details See the document

In this paper we use reported exonerations as a window on false convictions generally. We can’t come close to estimating the number of false convictions that occur in the United States, but the accumulating mass of exonerations gives us a glimpse of what we’re missing. We located 340 individual exonerations from 1989 through 2003, not counting at least 135 innocent defendants in at least two mass exonerations, and not counting more than 70 defendants convicted in a series of childcare sex abuse prosecutions, most of whom were probably innocent. Almost all the individual exonerations that we know about are clustered in the two most serious common felonies: rape and murder. They are surrounded by widening circles of categories of cases that include false convictions that are rarely detected, if ever: rape convictions that have not been reexamined with DNA evidence; robberies, for which DNA identification is useless; murder cases that are ignored because the defendants were not sentenced to death; assault and drug convictions that are forgotten entirely; misdemeanor convictions that aren’t even part of the picture. Judging from our data, any plausible guess at the total number of miscarriages of justice in America in the last fifteen years must run to the thousands, perhaps tens of thousands, in felony cases alone. We can, however, see some clear patterns in those false convictions that have come to light.

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

Document(s)

Imposing a Cap on Capital Punishment

By Adam M. Gershowitz / Missouri Law Review 72(1), 73-124., on 1 January 2007


2007

Article

United States


More details See the document

This article argues that because prosecutors have discretion to seek the death penalty in too many cases, they lack the incentive to police themselvesand choose carefully. Put simply, because there are few legal constraints — and virtually no political constraints — on the sheer number of cases in which prosecutors can pursue the death penalty, the Government is not under sufficient pressure to limit its use of capital punishment to only the most heinous cases. As a result, two things happen. First, the death penalty is sought and meted out in some cases, which though terrible, are no worse than the thousands of other murder cases in which prosecutors pursue only life imprisonment. Second, because prosecutors file too many capital cases, the criminal justice system lacks the resources to focus sufficient attention on each one.

  • Document type Article
  • Countries list United States
  • Themes list Arbitrariness, Most Serious Crimes,

Document(s)

A ‘Commonsense’ Theory of Deterrence and the ‘Ideology’ of Science: The New York State Death Penalty Debate

By John F. Galliher / James M. Galliher / Journal of Criminal Law and Criminology, on 1 January 2001


2001

Article

United States


More details See the document

This research will consider the principal claims and counterclaims made by death penalty supporters and opponents, as well as document the manner in which these claims were advanced or refuted. The nineteen-year debate provides a natural laboratory that can assist our understanding of why the United States is the only Western industrialized democracy to retain capital punishment.

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

Document(s)

No death penalty: Essay on the human dignity of the guilty

By Alfredo De Francesco , on 11 January 2022


2022

Book


More details See the document

Is the death penalty “natural” or sometimes legally due?
If not, is the death penalty always a political instrument?
If so, how and why can it be said that the death penalty is unjust, also considering religious values?
What about in case of war time or of very dangerous criminals?
In which way can there be an irrefutable argument for banning the death penalty worldwide and forever?

These and other issues concerning the death penalty are addressed by the Author of this book.
A book, where the most common theories for and against the death penalty are considered in the light of law history and philosophical views, and where Cesare Beccaria’s approach is revised, taking into account the development of the contemporary criminal law and of the legal positivism.

This is an essay, where the protection of humanity is not considered simply as a hope or as a naive dream, but rather as a juridical concept, absolutely necessary to understand one of most tragic questions of all time: “is it just to kill those who killed?”

  • Document type Book

Document(s)

Appointed but (Nearly) Prevented From Serving: My Experiences as a Grand Jury Foreperson

By Phyllis L. Crocker / Ohio State Journal of Criminal Law, on 1 January 2004


2004

Article

United States


More details See the document

I begin this essay with basic information about grand juries, then tell what happened to our grand jury, and conclude by reflecting on what I learned from this experience. My theme is the tension between the grand jury’s independence and the prosecutor’s desire to control it. The lesson I learned, intellectually and emotionally, is the depth and tenacity of the prosecutor’s assumption that he does control, and has the right to control, the grand jury process. I also learned some lessons about being a client, and believing in oneself and one’s principles.

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

Document(s)

WHEN THE FEDERAL DEATH PENALTY IS “CRUEL AND UNUSUAL”

By Michael J. Zydney Mannheimer / The University of Cincinnati Law Review, on 1 January 2006


2006

Article

United States


More details See the document

Recent changes to the way the U.S. Department of Justice decides whether to pursue capital charges have made it more likely that the federal death penalty will be sought in cases in which the criminal conduct occurred within States that do not authorize capital punishment for any crime. As a result, since 2002, five people have been sentenced to death in federal court for conduct that occurred in States that do not authorize the death penalty. This state of affairs is in serious tension with the Eighth Amendment’s proscription against “cruel and unusual punishments.”

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

Document(s)

Addressing Capital Punishment Through Statutory Reform

By Douglas A. Berman / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


More details See the document

State legislatures principally have been responsible for the acceptance and evolution (and even sometimes the abandonment) of capital punishment in the American criminal justice system from the colonial and founding eras, through the nineteenth and twentieth centuries, and now into the twenty-first century. A number of colonial legislative enactments, though influenced by England’s embrace of the punishment of death, uniquely defined and often significantly confined which crimes were to be subject to capital punishment.[1] State legislatures further narrowed the reach of the death penalty through the early nineteenth century as states, prodded often by vocal abolitionists and led by developments in Pennsylvania, divided the offense of murder into degrees and provided that only the most aggravated murderers would be subject to the punishment of death. The late nineteenth and early twentieth centuries also saw states, as the product of legislative enactments, move away from mandating death as the punishment for certain crimes by giving juries discretion to choose which defendants would be sentenced to die. Throughout all these periods, statutory enactments have also played a fundamental role in the evolution of where and how executions are carried out.

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

Document(s)

The death penalty and society in contemporary China

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


2008

Article

China


More details See the document

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

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

Document(s)

The Innocence Protection Act of 2001

By Senator Patrick Leahy / Hofstra Law Review, on 1 January 2001


2001

Article

United States


More details See the document

The goal of our bill is simple, but profoundly important: to reduce the risk of mistaken executions. The Innocence Protection Act proposes basic, common-sense reforms to our criminal justice system that are designed to protect the innocent and to ensure that if the death penalty is imposed, it is the result of informed and reasoned deliberation, not politics, luck, bias, or guesswork. We have listened to a lot of good advice and made some refinements to the bill since the last Congress, but it is still structured around two principal reforms: improving the availability of DNA testing, and ensuring reasonable minimum standards and funding for court-appointed counsel.

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

Document(s)

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

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


2005

Article


More details See the document

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

  • Document type Article
  • Themes list Networks,

Document(s)

Capital punishment and American culture

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


Article

United States


More details See the document

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

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

Document(s)

Capital Punishment at the United Nations: Recent Developments

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


2000

Article


More details See the document

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

  • Document type Article
  • Themes list Networks,

Document(s)

Examining Public Opinion about Crime and Justice: A Statewide Study

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


2004

Article

United States


More details See the document

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

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

Document(s)

Death Penalty For Drug Offences: Global Overview 2020

By Harm Reduction International (HRI), on 4 May 2021


2021

NGO report

Drug Offenses


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 tenth 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 law.

  • Document type NGO report
  • Themes list Drug Offenses

Document(s)

Death Penalty in India: Annual Statistics Report 2020

By Project 39A, on 1 January 2020


2020

Academic report

India


More details See the document

The ‘Death Penalty in India: Annual Statistics’ attempts to create a comprehensive year-by-year documentation of movements in the death row population in India. The publication tracks important political and legal developments in the administration of the death penalty and the criminal justice system in the year 2020.

  • Document type Academic report
  • Countries list India

Document(s)

Illegal Racial Discrimination in Jury Selection: A Continuing Legacy

By Equal Justice Initiative, on 1 January 2010


2010

NGO report


More details See the document

Today in America, there is perhaps no arena of public life or governmental administration where racial discrimination is more widespread, apparent, and seemingly tolerate than in the selection of juries. Nearly 135 years after Congress enacted the 1875 Civil Rights Act to eliminate racially discriminatory jury selection, the practice continues, especially in serious criminal and capital cases.

  • Document type NGO report
  • Themes list Networks,

Document(s)

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

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


2004

Article

United States


More details See the document

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

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

Document(s)

Making the Last Chance Meaningful: Predecessor Counsel’s Ethical Duty to the Capital Defendant

By Lawrence J. Fox / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

The thesis of this paper is that lawyers who have represented clients in capital murder cases at trial and appeal—not unlike all criminal trial and initial appeal counsel, but more urgently because of the circumstances—continue to owe important obligations to their former clients. These obligations have been just recently included in the latest version of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death PenaltyCases: In accordance with professional norms, all persons who are or have been members of the defense team have a continuing duty to safeguard the interests of the client and should cooperate fully with successor counsel. This duty includes, but is not limited to: A. maintaining the records of the case in a manner that will inform successor counsel of all significant developments relevant to the litigation; B. providing the client’s files, as well as information regarding all aspects of the representation, to successor counsel; C. sharing potential further areas of legal and factual research with successor counsel; and D. cooperating with such professionally appropriate legal strategies as may be chosen by successor counsel. It is my hope that this article will demonstrate that these Guidelines reflect not just best practice, but actual ethical mandates that trial counsel, like Bryan Saunders, owe their former clients as those clients negotiate the jurisprudential maze known as habeas corpus.

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

Document(s)

Myth of the hanging tree: stories of crime and punishment in territorial New Mexico

By Robert J. Torrez / University of New Mexico Press, on 1 January 2008


2008

Book

United States


More details See the document

The haunting specter of hanging trees holds a powerful sway on the American imagination, conjuring images of rough-and-tumble frontier towns struggling to impose law and order in a land where violence was endemic. In this thoughtful study, former New Mexico State Historian Robert Torrez examines several fascinating criminal cases that reveal the harsh and often gruesome realities of the role hangings, legal or otherwise, played in the administration of frontier justice. At first glance, the topic may seem downright morbid, and in a sense it is, but these violent attempts at justice are embedded in our perception of America’s western experience. In tracing territorial New Mexico’s efforts to enforce law, Torrez challenges the myths and popular perceptions about hangings and lynching in this corner of the Wild West.

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

Document(s)

Death penalty – Beyond abolition

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


2020

Book

France

fr
More details See the document

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

Document(s)

NGO Media Outreach: Using the Media as an Advocacy Tool

By Coalition for the International Criminal Court, on 1 January 2003


2003

Working with...


More details See the document

A guide for NGOs to use media effectively. This guide explains the importance of media, how to create contacts, how to prepare a media outreach campaign, how to deliver a campaign to the media and how to use available resources to support your media campaign.

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

Document(s)

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

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


2005

Article

United States


More details See the document

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

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

Document(s)

The Abolition of the Death Penalty in International Law

By William A. Schabas / Cambridge University Press, on 1 January 2002


2002

Book


More details See the document

This extensively revised third edition covers developments since publication of the second edition in 1997. It includes consideration of the UN human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters address capital punishment in African human rights law and international criminal law. An extensive list of appendices contains many of the essential documents for the study of capital punishment in international law.

  • Document type Book
  • Themes list Networks,

Document(s)

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

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


2008

Article

United States


More details See the document

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

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

Document(s)

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

By Project 39A, on 8 December 2022


2022

NGO report

India


More details See the document

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

  • Document type NGO report
  • Countries list India

Document(s)

Racial Disparity and Death Sentences in Ohio

By Marian R. Williams / Jefferson E. Holocomb / Journal of Criminal Justice, on 1 January 2001


2001

Article

United States


More details See the document

The use of the death penalty has resulted in a number of studies attempting to determine if its application is consistent with the guidelines established by the United States Supreme Court. In particular, many studies have assessed whether there are racial disparities in the imposition of death sentences. This study examined the imposition of death sentences in Ohio, a state largely ignored by previous research and that, until 1999, had not executed an inmate since 1963. Drawing from previous studies that have examined the issue in other states, this study assessed the likelihood that a particular homicide would result in a death sentence, controlling for race of defendant and victim and other relevant factors. Results indicated both legal and extralegal factors (including race of victim) were significant predictors of a death sentence, supporting many previous studies that concluded that race plays a role in the imposition of the death penalty.

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

Document(s)

Staying Alive: Executive Clemency, Equal Protection, and the Politics of Gender in Women’s Capital Cases

By Elizabeth Rapaport / Buffalo Criminal Law Review, on 1 January 2001


Article

United States


More details See the document

In this Article, I will review the matrix in which executive decisions in women’s capital clemency cases are made, a matrix supplied by modern equal protection law, the nature and scope of the clemency power, gender politics, and contemporary death row. I will then conduct two thought experiments. Each invented case tests the relevance of gender in legally and politically acceptable contemporary clemency decisions. The goal is to understand the politics and law of granting or denying that very rare boon-commutation of sentence – to a female death row prisoner. The exercise offers support for two conclusions. In the age of formal equality, women cannot be granted clemency simply because they are women. The rhetoric of chivalry is untenable for the contemporary executive. A governor who is courageous and rhetorically skillful, however, can sometimes successfully defend the commutation of the death sentence of a woman as a proper use of the power to grant mercy, done for her sake, the class she exemplifies, the conscience of the governor, and the public.

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

Document(s)

Searching for Uniformity in Adjudication of the Accused’s Competence to Assist and Consult in Capital Cases

By John T. Philipsborn / Psychology, Public Policy and Law, on 1 January 2004


2004

Article

United States


More details See the document

Based on the review of capital cases from various jurisdictions involoving issues of competence to stand trial, this article examines the standards, literature, and varying practices associated with competence assessments and adjudications. The author, who is an experienced criminal defense lawyer with capital trial and postconviction litigation experiece, examines the implications of disparities in the approaches and definitions used in dealing with competence assessments and suggests solutions to improve the standards of practice related to these important assessments.

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

Document(s)

Up the River Without a Procedure: Innocent Prisoners and Newly Discovered Non-DNA Evidence in State Courts.

By Daniel Medwed / Arizona Law Review, on 1 January 2005


2005

Article

United States


More details See the document

This Article aims to provide an examination: An analysis of the state procedures that prisoners may employ after trial to litigate innocence claims grounded on newly discovered non-DNA evidence. Ultimately, the result of this examination is far from sanguine. Little-altered in decades beyond the trend toward recognizing the benefits of DNA testing, the structure of most state procedures means that a prisoner’s quest for justice may turn on the fortuity that a biological sample was left at the crime scene and preserved over time. The fact that DNA testing provides a modicum of certainty to an innocence claim does not imply that claims lacking the possibility of such certainty are spurious; on the contrary, DNA has unearthed holes in the criminal justice system, holes that are likely also prevalent in cases without biological evidence.

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

Document(s)

The Future of the Federal Death Penalty

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


2000

Article

United States


More details See the document

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

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

Document(s)

Investigating Forensic Problems in the United States: How the Federal Government Can Strengthen Oversight Through the Coverdell Grant Program

By Benjamin N. Cardozo / The Innocence Project, on 8 September 2020


2020

Working with...


More details See the document

The report describes the federal forensic oversight program; outlines the problems that have plagued the program since its inception (with specific examples): Explains the consequences of the federal government’s inadequate administration of the program; shows how forensic negligence and misconduct lead to wrongful convictions; and gives specific recommendations for what the federal government, states and individuals can do to strengthen forensic oversight.

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

Document(s)

Screening questionnaire for DNA Grant Cases

By Arizona Justice Project, on 8 September 2020


Working with...

es
More details See the document

The Arizona Justice Project will use this questionnaire to decide whether your case qualifies for assistance under the DNA testing grant, provided by the National Institute of Justice.

Document(s)

Facts on Post-Conviction DNA Exonerations

By The Innocence Project, on 8 September 2020


Working with...


More details See the document

This fact sheet gives facts on post DNA exonerations and provides information on the main causes of wrongful conviction including eyewitness misidentification, false confessions and snitches.

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

Document(s)

Overview of the Capital Trial Process

By Capital Punishment in Context, on 8 September 2020


Working with...


More details See the document

This document briefly goes through the steps involved in a death penalty case, from the point of arrest to judge sentences.

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

Document(s)

Clemency Procedures in Death Penalty States

By Capital Punishment in Context, on 8 September 2020


Working with...


More details See the document

This file is relevant to the US, giving a list of states where governors can grant clemency, where the governor must have recommendations of clemency and where governors recieve a non-binding recommendation of clemency.

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

Document(s)

Death Qualification

By Capital Punishment in Context, on 8 September 2020


Working with...


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This document describes who is elgible for Death Qualification, Jury Selection, and what death qualification entails.

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

Document(s)

The High Cost of the Death Penalty

By Death Penalty Focus, on 8 September 2020


Arguments against the death penalty


More details See the document

A fact sheet on the cost of the death penalty in the United States. Life emprisonment without parole is suggested.

  • Document type Arguments against the death penalty
  • Themes list Transparency, Death Penalty, Financial cost,

Document(s)

False Confessions and Recording of Custodial Interrogations

By The Innocence Project, on 8 September 2020


Working with...

es
More details See the document

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

Document(s)

Host a Speaking Event

By Witness to Innocence, on 8 September 2020


Working with...


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Are you stressing about finding that perfect speaker for your next event? Worried that the speaker be inspirational, educational, and entertaining all at the same time? Look no further. We are awaiting your call to help you organize an unforgettable and unique experience for your audience.

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

Document(s)

Student Resource Centre

By Canadian Coalition Against the Death Penalty, on 8 September 2020


Campaigning


More details See the document

A resource centre for students researching the death penalty. It provides student essays as an example on how to write an essay on the death penalty. It also contains a contact list of – death row inmates, activists, jurists, families of inmates, and others that have agreed to make themselves available to answer students’ questions regarding capital punishment.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Deterrence

By Death Penalty Focus, on 8 September 2020


Arguments against the death penalty


More details See the document

Scientific studies have consistently failed to demonstrate that executions deter people from committing crime anymore than long prison sentences.

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

Document(s)

Inadequete Legal Representation

By Death Penalty Focus, on 8 September 2020


Arguments against the death penalty


More details See the document

Perhaps the most important factor in determining whether a defendant will receive the death penalty is the quality of the representation he or she is provided. Almost all defendants in capital cases cannot afford their own attorneys. In many cases, the appointed attorneys are overworked, underpaid, or lacking the trial experience required for death penalty cases.

  • Document type Arguments against the death penalty
  • Themes list Legal Representation,

Document(s)

Human Rights and the Death Penalty in the United States

By The Advocates for Human Rights, on 8 September 2020


Arguments against the death penalty


More details See the document

This sheet details what human rights are in relation to the death penalty and the USA. It discusses racism, inadequete legal representation and the unjustifiable cost of the death penalty in the US.

  • Document type Arguments against the death penalty

Document(s)

How to Lobby

By California People of Faith Working Against the death penalty, on 8 September 2020


Lobbying


More details See the document

Lobbying your elected officials is one of the most important actions you can take to bring about the end of the death penalty. Here are some tips for communicating effectively with government officials.

  • Document type Lobbying
  • Themes list Networks,

Document(s)

Witness to Innocence – from death row to freedom

By Witness to Innocence, on 8 September 2020


Academic report

United States


More details See the document

Errors have been made repeatedly in death penalty cases because of: poor legal representation, racial prejudice, prosecutorial misconduct, the presentation of erroneous evidence, false confession, junk science, eyewitness error. Once convicted, a death row prisoner faces enormous obstacles in convincing any court that he or she is innocent.

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

Document(s)

Uzbekistan: ‘Justice only in heaven’ – the death penalty in Uzbekistan

By Amnesty International, on 8 September 2020


NGO report

Uzbekistan


More details See the document

This document reports on the use of the death penalty in Uzbekistan. It looks at the scope of the death penalty and the current hurdles to its abolition. The report also examines those factors which commonly lead to judicial error – the use of arbitrary detention and torture, unfair trials and corruption.The latter part of the report looks at the conditions for prisoners on death row and the suffering inflicted by the state on the families of those sentenced to death.

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

Document(s)

The Death Penalty Worldwide – Developments in 2003

By Amnesty International, on 8 September 2020


NGO report

fres
More details See the document

This document covers significant events concerning the death penalty during the year 2003. Subjects covered in this document include significant judicial decisions; the use of the death penalty against the innocent; reductions and expansions in the scope of the death penalty; moratoria on executions and commutations of death sentences

Document(s)

Swahili : Tanzania: Adhabu ya Kifo Imerasimishwa?

By International Federation for Human Rights (FIDH) / Eric Mirguet / Arnold Tsunga, on 8 September 2020


NGO report

United Republic of Tanzania

enfr
More details See the document

Katika hoja zinazotumika sana kutetea adhabu ya kifo ni kuwa inasaidia kupunguza uhalifu. Inaelezewa kuwa adhabu ya kifo inalinda jamii dhidi ya watu waliohatari na kuzuia wengine wasije wakafanya uhalifu. Hoja hizi zimethibitishwa kutokuwa na ukweli wowote. Je adhabu ya kifo inalinda jamii dhini ya uhalifu? Hailekei kuwa hivyo. Jamii zinazotumia adhabu ya kifo hazina ulinzi dhidi ya uhalifu kuliko zaidi ya zile jamii zisizotumia adhabu hiyo. Mahali ambapo kuna adhabu mbadala kama vile kifungo, ulinzi wa jamii, hautegemei kuwaondosha kimwili wahalifu. Zaidi ya hapo, inaweza kuelezwa kuwa tahadhari zinazochukuliwa kuzuia wanaosubiri, kuuwawa kujiua inaonyesha wazi kuwa kumuondosha kimwili mhalifu sio sababu ya msingi ya adhabu ya kifo.

Document(s)

Iran: The use of the death penalty for drug-related offences as a tool of political control

By Taimoor Aliassi / IRAN HUMAN RIGHTS REVIEW, on 1 January 2014


2014

Article

Iran (Islamic Republic of)

fa
More details See the document

The Iranian authorities use the drug issue to enforce their rule and repress ethnic nationalities and members of opposition groups. Whenever it faces escalating crises, internally or externally, new and harsher laws against drugs and addicts are adopted and public hangings of members of ethnic nationalities increase dramatically. The following periods of hangings and drug laws illustrate this policy.

Document(s)

Portuguese : Tribunal Africano dos Direitos Humanos e dos Povos

By African Court on Human and Peoples' Rights, on 8 September 2020


2020

Academic report

enfr
More details See the document

O Tribunal Africano dos Direitos Humanos e dos Povos foi estabelecido pelo Protocolo à Carta Africana dos Direitos Humanos e dos Povos relativamente ao Estabelecimento do Tribunal Africano dos Direitos Humanos e dos Povos. A missão do Tribunal consiste em complementar e reforçar as funções da Comissão promovendo e protegendo os direitos, as liberdades e as obrigações do homem e dos povos nos Estados membros da União Africana. O Tribunal é composto por onze (11) juízes cidadãos dos Estados membros da União Africana e eleitos em função de suas capacidades individuais.

Document(s)

Japanese : 今日が最期の日?

By Amnesty International, on 8 September 2020


NGO report

Japan

enes
More details See the document

日本では、死刑執行の予定日に刑務所の外で監視行動などがおこなわれることはない。処刑がおこなわれるかどうかは当局だけが知るところだからである。また処刑は通常、国会が閉会中で処刑の問題を国会で協議することができないような時期におこなわれる。臼井日出男元法相によれば、「死刑についての論議を大々的にする」機会を野党議員に与えないために、このような方針がとられているということである。死刑の執行に関して唯一明らかにされているのは、定期的に法務省が出す統計情報である。執行された人の名前は明らかにはされず、家族が公開しないかぎり知ることはできない。法務省はこうした秘密主義は, 死刑囚の家族を、身内が処刑されたと知られないよう、保護するためだとしている。

Document(s)

Japan: “Will this day be my last?” The death penalty in Japan

By Amnesty International, on 8 September 2020


NGO report

Japan

enes
More details See the document

This report examines a number of concerns related to the application of the death penalty in Japan, where approximately 87 prisoners currently remain on death row. These concerns include the fact that a prisoner is notified of the execution on the morning of the day it is to be carried out. In some cases the prisoner is not notified at all. This means that prisoners live with the constant fear of execution, not knowing whether they will be alive the next day. Amnesty International calls on the Japanese government to abolish the death penalty as a matter of urgency.

Document(s)

USA: Blind faith: An appeal to President George W. Bush to admit that the USA’s 30-year experiment with the death penalty has failed

By Amnesty International, on 8 September 2020


NGO report

United States


More details See the document

In the context of the “war on terror”, US officials have authorized and condoned interrogation techniques and detention conditions that violate the international prohibition on torture. Yet officials have at the same time claimed to be committed to treating detainees humanely. Amnesty International now urges President Bush, in addition to reconsideration of his administration’s approach to the treatment of detainees in US custody at home and abroad, to reconsider his support for the death penalty.

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

Document(s)

Myanmar: The Administration Of Justice – Grave And Abiding Concerns

By Amnesty International, on 8 September 2020


NGO report

Myanmar


More details See the document

This report discusses Amnesty International’s concern about political imprisonments in Myanmar. Arbitrary arrests; torture and ill-treatment during incommunicado detention; unfair trials; and laws which greatly curtail the rights to freedom of expression and assembly continue as major obstacles to the improvement in the State Peace and Development Council’s human rights record. The section dedicated to the death penalty talks about the death penalty system in relation to specific cases.

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

Document(s)

Viêt Namese : Những biến chuyển về mặt Pháp Lý về sự riêng tư trên Internet và quyền tự do ngôn luận ảnh hưởng đến công việc và sự an toàn của những nhà Đấu Tranh Nhân Quyền toàn cầu.

By Frontline, on 8 September 2020


Academic report

enes
More details See the document

Khi emails của chúng ta không đến được người nhận hay khi chúng ta không thể lên được mạng? Chúng ta phản ứng như thế nào về chuyện virus phá hoại các máy vi tính trên thế giới, hay một email tưởng như đến từ một người bạn, yêu cầu mở một hồ sơ đính kèm? Những quyết định thiếu thông tin sẽ dẫn đến sự chọn lựa không hay, và s ựlệ thuộc mù quáng vào khoa học kỹ thuật thường dẫn đến những lỗi lầm đắt giá. Tài liệu này không nhắm tới những thiên tài điện toán. Mục đích của nó là huấn luyện những người sử dụng máy vi tính một cách bình thường và cung cấp họ những giải pháp cho những vấn đề về bảo mật và an toàn trong môi trường điện toán hiện nay.

Document(s)

Indonesian : Praktek Hukuman Mati Di Indonesia

By Kontras, on 8 September 2020


NGO report

Indonesia


More details See the document

Paper ini merupakan catatan monitoring KontraS terhadap praktek hukuman mati di Indonesia. Indonesia merupakan salah satu negara di dunia yang masih menerapkan hukuman mati dalam aturan pidananya. Padahal, hingga Juni 2006, lebih dari setengah negara-negara di dunia telah menghapuskan praktek hukuman mati baik secara de jure atau de facto. Di tengah kecenderungan global akan moratorium hukuman mati, praktek ini justru makin lazim diterapkan di Indonesia. Paling tidak selama empat tahun berturut-turut telah dilaksanakan eksekusi mati terhadap para orang narapidana. Pro-kontra penerapan hukuman mati ini semakin menguat, karena tampak tak sejalan dengan komitmen Indonesia untuk tunduk pada kesepakatan internasional yang tertuang dalam Kovenan Internasional tentang Hak Sipil dan Politik serta Kovenan Internasional tentang Hak Ekonomi, Sosial dan Budaya.

  • Document type NGO report
  • Countries list Indonesia

Document(s)

Where is the justice for me?’ The case of Troy Davis, facing execution in Georgia

By Amnesty International / Amnesty International - USA, on 8 September 2020


Academic report

United States


More details See the document

Troy Anthony Davis has been on death row in Georgia for more than 15 years for the murder of a police officer he maintains he did not commit. Given that all but three of the witnesses who testified against Troy Davis at his trial have since recanted or contradicted their testimony amidst allegations that some of it had been made under police duress, there are serious and as yet unanswered questions surrounding the reliability of his conviction and the state’s conduct in obtaining it. As the case currently stands, the government’s pursuit of the death penalty contravenes international safeguards which prohibit the execution of anyone whose guilt is not based on “clear and convincing evidence leaving no room for an alternative explanation of the facts”. Amnesty International does not know if Troy Davis is guilty or innocent of the crime for which he is facing execution. As an abolitionist organization, it opposes his death sentence either way. It nevertheless believes that this is one in a long line of cases in the USA that should give even ardent supporters of the death penalty pause for thought. For it provides further evidence of the danger, inherent in the death penalty, of irrevocable error. As the Chief Justice of the United States Supreme Court wrote in 1993, “It is an unalterable fact that our judicial system, like the human beings who administer it, is fallible. Or as a US federal judge said in 2006, “The assessment of the death penalty, however well designed the system for doing so, remains a human endeavour with a consequent risk of error that may not be remediable.”

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

Document(s)

A Crisis of Confidence: Americans’ Doubts About the Death Penalty

By Death Penalty Information Center / Richard C. Dieter, on 8 September 2020


NGO report

United States


More details See the document

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

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

Document(s)

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

By Amnesty International, on 8 September 2020


NGO report

arfres
More details See the document

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

Document(s)

USA: Breaking a lethal habit – A look back at the death penalty in 2007

By Amnesty International, on 8 September 2020


NGO report

United States

es
More details See the document

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

Document(s)

The Death Penalty in Botswana: Hasty and Secretive Hangings – International Fact Finding Mission

By International Federation for Human Rights (FIDH), on 8 September 2020


NGO report

Botswana


More details See the document

This report determined that the death penalty remains a sensitive and secretive issue in Botswana. The authorities are reluctant to encourage public debate about the death penalty and its possible abolition. There is a total lack of transparency in the actual execution process of the death sentence. The hasty way in which most recent hangings have been carried out, further cast doubt upon the willingness of the Government of Botswana to seriously address this issue.

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

Document(s)

Korean : 사형제도 극단적 형벌

By Amnesty International, on 8 September 2020


Academic report

enfres
More details See the document

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

Document(s)

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

By United Nations, on 8 September 2020


United Nations report

Afghanistan

Antigua and Barbuda

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

China

Comoros

Democratic People's Republic of Korea

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Fiji

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Japan

Jordan

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Maldives

Mauritania

Mongolia

Moratorium

Myanmar

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Suriname

Syrian Arab Republic

Thailand

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

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

Document(s)

Resolution 62/149 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


International law - United Nations

aresfrruzh-hant
More details See the document

Document(s)

Singapore: The death penalty – A hidden toll of executions

By Amnesty International, on 8 September 2020


NGO report

Singapore

fr
More details See the document

More than 400 prisoners have been hanged in Singapore since 1991, giving the small city-state possibly the highest execution rate in the world relative to its population of just over four million people. This report examines the use of the death penalty for drug offences, murder and firearms offences. It emphasizes the cruel and arbitrary nature of the death penalty and shows how it has been imposed on the most marginalized or vulnerable members of society including drug addicts, the poorly educated, the impoverished or unemployed, and migrant workers.

Document(s)

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

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


Article

United States


More details See the document

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

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

Document(s)

THE PEOPLE’S REPUBLIC OF CHINA – The Death Penalty in 2000

By Amnesty International, on 8 September 2020


NGO report

China


More details See the document

The attached report analyses the use of the death penalty in China in 2000 and examines sentencing patterns and the legislation behind the death penalty in China.

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

Document(s)

Socialist Republic of Viet Nam: The death penalty – recent developments

By Amnesty International, on 8 September 2020


NGO report

Viet Nam


More details See the document

This document contains information about the recent developments in Vietm Nam regarding the death penalty. Amnesty International welcomes the reduction in the number of offenses punishable by the death penalty. However, the organization remains concerned that there is still a broad range of offenses which are punishable by the death penalty.

  • Document type NGO report
  • Countries list Viet Nam

Document(s)

Saudi Arabia: Defying world trends – Saudi Arabia’s extensive use of capital punishment

By Amnesty International, on 8 September 2020


NGO report

Saudi Arabia

arfr
More details See the document

This document examines the death penalty in Saudi Arabia and how it is sustained by a mixture of legal, judicial and political factors, whose redress requires a strong political will from the Saudi Arabian government together with a consistent concern and assistance by the international community.

Document(s)

People’s Republic of China: The Death Penalty in 1999

By Amnesty International, on 8 September 2020


NGO report

China

fr
More details See the document

This report analyses the use of the death penalty in China and examines sentencing patterns and the legislation behind the death penalty.

Document(s)

UNITED STATES OF AMERICA: No return to execution – The US death penalty as a barrier to extradition

By Amnesty International, on 8 September 2020


NGO report

United States

ares
More details See the document

This document examines the issue of extradition and the death penalty in the United States. It looks at the emergence of death penalty clauses in extradition treaties and laws and gives examples of specific cases in the US where extradition has either prevented the application of the death penalty or been circumvented to allow individuals to be sentenced to death.

Document(s)

Dignity Denied: The Experience of Murder Victims’ Family Members Who Oppose the Death Penalty

By Robert Renny Cushing / Susannah Sheffer / Murder Victims' Families for Human Rights, on 8 September 2020


NGO report

United States


More details See the document

This report, which includes policy recommendations, is the culmination of a long effort to identify and document the bias on the part of some prosecutors, judges, and members of the victims’ services community against victims’ family members who oppose the death penalty.

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

Document(s)

TAJIKISTAN: DEADLY SECRETS – The death penalty in law and practice

By Amnesty International, on 8 September 2020


NGO report

Tajikistan

ru
More details See the document

Official secrecy surrounds the death penalty in Tajikistan. The picture that Amnesty International has been able to build is incomplete, yet alarming. With random and relentless cruelty, prisoners are executed in secret after unfair trials, with no warning to their families. According to the evidence gathered by Amnesty International, none of the prisoners sentenced to death in Tajikistan received a fair trial. Most, if not all, were tortured. Several different prisoners have given detailed accounts naming the same investigator, but no action has apparently been taken to investigate the truth of these allegations. Testimony extracted under torture has been admitted as evidence and used to condemn prisoners to death.

Document(s)

People’s Republic of China: The Death Penalty Log in 2000

By Amnesty International, on 8 September 2020


NGO report

China


More details See the document

The Death Penalty Log gives available details of death sentences and executions occurring in China throughout 2000.

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

Document(s)

Indonesian : Indonesia: Urusan tentang pidana mati

By Amnesty International, on 8 September 2020


NGO report

Indonesia

en
More details See the document

Amnesty International juga prihatin akan adanya seruan untuk memperluas jenis masalah kejahatan yang dapat dijatuhi pidana mati. Saat ini pidana mati dapat dijatuhkan pada pelaku kejahatan yang berhubungan dengan masalah pembunuhan; kejahatan menentang keamanan negara; pembunuhan Presiden atau Wakil Presiden dan kejahatan yang berhubungan dengan narkoba. Berlawanan dengan kecenderungan internasional yang ingin menghapuskan atau mengurangi jumlah kasus kejahatan yang dapat dijatuhi pidana mati, dua undang-undang yang berhubungan dengan kejahatan terhadap kemanusiaan dan terorisme yang telah diadopsi selama empat tahun terakhir mencantumkan pidana mati atas beberapa kejahatan. Pada tahun-tahun belakangan ini juga telah ada seruan untuk menjatuhkan pidana mati bagi pelaku penebangan kayu ilegal dan pelaku korupsi.

Document(s)

Japanese : 死刑民主主義国家にあるまじき行為

By International Federation for Human Rights (FIDH) / Sharon Hom / Etienne Jaudel / Richard Wild, on 8 September 2020


NGO report

Japan

enfr
More details See the document

廃止推進団体の努力にもかかわらず、世論には、死刑制度の継続を支持する強い傾向があることは確かです。死刑適用の実状を政府が隠し、これまでよかったといわれた治安が徐々に悪化していることもあり、この時機に政府が、国民に不人気な決断をすることはないでしょう。欧州評議会をはじめとする、国際組織からの圧力に対して、政府は「内政に対する許しがたい干渉」ときめつけています。保守派が与党の政府において、廃止に向けての議論が政治決定となる気配はありません。 日本のすべての弁護士が加盟する日弁連は、廃止法案提案でコンセンサスに至らなかったという事実が、現時点で死刑がなくなる可能性が少ないことを雄弁に物語っています。

Document(s)

Iraq: The Death Penalty, Executions, and “Prison Cleansing”

By Human Rights Watch, on 8 September 2020


NGO report

Iraq


More details See the document

This briefing paper examines Iraq’s arbitrary and widespread use of the death penalty and extrajudicial executions. For more than three decades, the government of President Saddam Hussein has sanctioned the use of the death penalty and extrajudicial executions as a tool of political repression, both in order to eliminate real or suspected political opponents and to maintain a reign of terror over the population at large. The executions that have taken place over this period constitute an integral part of more systematic repression – characterized by widespread arbitrary arrests, indefinite detention without trial, death in custody under torture, and large-scale “disappearances” – through which the government has sustained its rule.

  • Document type NGO report
  • Countries list Iraq
  • Themes list Due Process ,

Document(s)

I don’t want another kid to die: Families of Victims Murdered by Juveniles Oppose Juvenile Executions

By Robert Renny Cushing / Susannah Sheffer / Murder Victims' Families for Human Rights, on 8 September 2020


NGO report

United States


More details See the document

“I don’t want another kid to die” is a report about the juvenile death penalty from the perspective of family members of victims killed by juvenile offenders and parents of juvenile offenders who have been executed.

  • Document type NGO report
  • Countries list United States
  • Themes list Juveniles, Murder Victims' Families,

Document(s)

Petition for DNA Testing

By Arizona Justice Project, on 8 September 2020


Working with...


More details See the document

This is a document which can be used for those petitioning to have DNA evidence re-examined. Specific to Arizona but can be used as a guide in other jurisdictions.

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

Document(s)

Socialist Republic of Viet Nam: The death penalty – inhumane and Ineffective

By Amnesty International, on 8 September 2020


NGO report

Viet Nam

fres
More details See the document

Amnesty International is alarmed by the recent dramatic rise in the reported imposition of the death penalty in Viet Nam, particularly for drugs-related offences and other economic crimes. It believes that the continuing use of the death penalty in Viet Nam is the ultimate cruel, inhuman and degrading punishment and a breach of the right to life and that the conditions surrounding its imposition in Viet Nam are in contravention of international human rights standards. In this report Amnesty is calling on the Vietnamese Government to immediately establish a moratorium on all executions, while taking steps towards total abolition of the death penalty in accordance with international standards and United Nations recommendations.