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

• Document type Article
• Themes list Mandatory Death Penalty,

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,

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,

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,

The Dui Hua Foundation estimates that China executed approximately 2,400 people in 2013 and will execute roughly the same number of people in 2014. Annual declines in executions recorded in recent years are likely to be offset in 2014 by the use of capital punishment in anti-terrorism campaigns in Xinjiang and the anti-corruption campaign nationwide.

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

This page contains videos and documents on issues dealing with the death penalty.

• Document type Arguments against the death penalty

Together with AfVT, the World Coalition has developed this two-page note explaining why some victims of terrorism are against the death penalty.

• Document type Multimedia content
• Themes list Murder Victims' Families, Terrorism,
• Available languages Témoignages de victimes du terrorisme

NKDB hosts a monthly English language briefing and discussion on North Korean human rights every month with embassy officials, NGO staff, and NKDB staff as guests

• Document type Article
• Countries list Republic of Korea
• Themes list World Coalition Against the Death Penalty, Death Penalty, Country/Regional profiles,

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

• Document type Article
• Themes list Death Row Phenomenon,

2020 World Day 8-page leaflet

• Document type Academic report
• Themes list Fair Trial, World Coalition Against the Death Penalty, Death Penalty,
• Available languages Brochure - Journée mondiale 2020

Provides a comprehensive statistical assessment of how the death penalty has been applied over the entire modern period, 1976 to present

• Document type Book
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Penalty, Statistics,

This article presents a legal and political analysis of the 2003 – 2005 effort of Governor Mitt Romney to make the death penalty available as a sentencing option in Massachusetts.

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

PowerPoint presentation used at The Advocates for Human Rights’ training session on death penalty advocacy for the United Nations’ Universal Periodic Review of human rights. See also the video of the presentation here.

• Document type Academic report
• Themes list International law,

The article, with three co-authors, examines empirically the capital cases decided by the lower courts since the United States Supreme Court created the categorical ban against the execution of persons with intellectual disability twelve years ago in the Atkins decision.

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

In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth were powerful mitigators, juries were not able to reliably use them in their decision making. The Court thus articulated expressly for the first time what this Article calls the “unreliability principle:” if too great a risk exists that constitutionally protected mitigation cannot be reliably assessed, the unreliability means that the death penalty cannot be constitutionally imposed. In recognizing the unreliability principle, the Court has called into serious question the death penalty for other offenders to whom the principle applies, such as mentally ill defendants. And, unlike with the “evolving standards” analysis, the unreliability principle does not depend on whether a national consensus exists against the practice. This Article identifies the six Atkins-Roper factors that bring the unreliability principle into play and shows why they make application of the death penalty to mentally ill defendants unconstitutional. The principle, which finds its constitutional home in the cases of Woodson v. North Carolina and Lockett v. Ohio, has profound implications for the death penalty, and if taken to its logical endpoint calls into question the Court’s core premise since Furman v. Georgia, that by providing individualized consideration of a defendant and his crime, the death penalty decision will be free of arbitrariness.

• Document type NGO report
• Countries list United States
• Themes list Fair Trial, Intellectual Disability,

This Article analyzes the factors that influence the decisions of South Carolina prosecutors to seek the death penalty. Professor Unah and Mr. Songer employ statistical methods to examine the legal and nonlegal factors that shape this decision-making process. Controlling for political factors, this Article finds that the race of the victim, gender, and rural crime locations are significant considerations in the decision to seek the death penalty. Further, Professor Unah and Mr. Songer argue that these nonlegal factors undermine the legal guidelines that are intended to channel and steer the decision-making process. This Article highlights the arbitrary nature of the decisions that result from these considerations, and it concludes by challenging the legitimacy of a process influenced by these factors.

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

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

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

The majority of those on death row in the Philippines have been convicted of rape crimes, including rape of a minor, rape of a family member and other aggravated forms of rape. Looking at incestuous rape in particular, this paper will examine some of the psychological and legal difficulties of imposing the death penalty for such a crime. It will focus on the effects the administration of the death penalty has on the victim and the victim’s family, as well as looking at some of the legal, evidential and procedural problems that arise in this jurisdiction’s imposition of the death penalty for rape.Despite the continued existence of the death penalty for incestuous rape, the number of reported cases has not diminished. Recognising this, local women’s groups in the Philippines have called for the root causes of incest and other forms of violence against women to be addressed rather than imposing the death penalty for rape. This response will also be considered within the broader context of Filipino gender relations.

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

Activists have embraced the life-without-parole alternative because the availability of parole is often a key factor for jurors deciding whether of not to impose a sentence of life or death.

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

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

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

Scott Panetti was accused of killing his parents in law and convicted. Scott suffered from severe mental illness for many years, Schizophrenia. He dismissed his legal counsel and represented himself at trial wearing a cow boy suit and asking irrelavent questions. This video tells the story of Scott Panetti’s case and questions whether he was mentally stable to attend trial and represent himself.

• Document type Legal Representation
• Themes list Networks,

For the past seven years, Peter Jackson and Fran Walsh have quietly financed investigations to help free Jason Baldwin, Jesse Misskelley Jr., and Damien Echols, known as the the West Memphis Three, who were wrongly convicted in 1994 of murdering three 8-year-old boys in West Memphis , Arkansas. This piece provides and in-depth look into Peter and Fran’s involvement with the investigattion, the creation of ‘West of Memphis’ as a way to expose key developments in the infamous murder case and Jackson’s main goal, to exonerate the West Memphis Three and help find the real killer.

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

The report covers the period from January to December 2010, though some key events in early 2011 have also been included. It highlights the important progressbeing made, serious concerns that we have, and what we are doing to promote our values around the world. It will rightly be studied closely by Parliament, NGOs and the wider public. There is a chapter dedicated to the death penalty, as well as 2010 figures on the death penalty in target countries.

• Document type NGO report
• Countries list Afghanistan
• Themes list Networks,

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

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

For the first time in a long time, the Supreme Court’s most important death penalty decisions all have gone the defendant’s way. Is the Court’s new found willingness to protect capital defendants here to stay? Or is it a passing fancy that will dissipate in less hospitable times? At first glance, history allows for optimism. Furman v. Georgia, the 1972 landmark that invalidated the death penalty, provides a seemingly perfect example of the Court’s ability and inclination to protect capital defendants when no one else will. Furman looks countermajoritarian, scholars have claimed it was countermajoritarian, and even the Justices saw themselves as playing a heroic, countermajoritarian role in the case. But the lessons of Furman are not what they seem. Rather than proving the Supreme Court’s ability to withstand majoritarian influences, Furman teaches the opposite – that even in its more countermajoritarian moments, the Court never strays far from dominant public opinion, tending instead to reflect the social and political movements of its time. This Article examines the historical context of Furman v. Georgia and its 1976 counterpart, Gregg v. Georgia, to highlight a fundamental flaw in the Supreme Court’s role as protector of minority rights: its inherently limited inclination and ability to render countermajoritarian change. In theory, the Court might protect unpopular minorities, but in practice it is unlikely to do so unless a substantial (and growing) segment of society supports that protection. Even then, Furman reminds us that the Court’s “help” may do more harm than good. If the past truly is a prologue, Furman portends that the Court’s current interest in restricting the death penalty will not last forever. Like the fair-weather friend, the Court’s protection will likely be there in good times but gone when needed the most.

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

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

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

Almost everyone agrees that indigent defense in America is underfunded, but workable solutions have been hard to come by. For the most part, courts have been unwilling to inject themselves into legislative budget decisions. And, when courts have become involved and issued favorable decisions, the benefits have been only temporary because once the pressure of litigation disappears so does a legislature’s desire to appropriate more funding. This Article proposes that if an indigent defense system is under-funded, the state supreme court should impose a default rule raising the standard of proof to “beyond all doubt” to convict indigent defendants. The legislature would then have the opportunity to opt out of this higher standard of proof by providing enough funding to bring defense lawyers’ caseloads within well-recognized standards or by providing funding parity with prosecutors’ offices. Such an approach will create an incentive for legislatures to adequately fund indigent defense without miring courts in detailed supervision of legislative budget decisions. At the same time, because courts can check once per year to determine whether there is funding parity with prosecutors’ offices or compliance with caseload guidelines, there will be constant pressure on legislatures to maintain adequate funding in order to avoid the higher standard of proof.

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

In this book Beth Berkowitz tells the story of modern scholarship on the ancient rabbinic death penalty and continues the story by offering a fresh perspective using the approaches of ritual studies, cultural criticism, and talmudic source criticism. Against the scholarly consensus, Berkowitz argues that the rabbinic laws of the death penalty were used by the early Rabbis in their efforts to establish themselves in the wake of the destruction of the Temple. The purpose of the laws, she contends, was to create a complex ritual of execution that was controlled by the Rabbis, thus bolstering their claims to authority in the context of Roman imperial domination.

• Document type Book
• Themes list Religion ,

MADP released its annual report which highlights some of the major problems with Missouri’s broken death penalty system. Here is a snapshot of the death penalty in Missouri in 2015: 6 executions in 2015 but no new death sentences in Missouri in 2015.

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

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

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

Lebih banyak orang yang dieksekusi mati di kawasan Asia-Pasifik dibandingkan dengan gabungan jumlah hukuman mati di kawasan lain di dunia. Ditambah lagi adanya kemungkinan bahwa mereka dieksekusi hukuman mati setelah melalui sebuah peradilan yang tidak adil, maka ketidakadilan yang sangat besar dari hukuman ini menjadi semakin jelas.

• Document type NGO report
• Themes list Fair Trial,
• Available languages Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิตUrdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغTagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang PagbitayMongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъяJapanese : 不当に奪われる生命 ～アジアにおける不公正な裁判を止め、 死刑執行の停止を～Hindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करोLethal Injustice in Asia: End unfair trials, stop executions亚洲的致命不公: 终止不公审判，停止处决

संयुक्त दुनिया के बाकी की तुलना में एशिया – प्रशांत क्षेत्र में और अधिक लोगों को क्रियान्वित कर रहे हैं. इस संभावना है कि वे एक अनुचित परीक्षण के बाद मार डाला गया जोड़ें, और इस सज़ा के सकल अन्याय सब भी स्पष्ट हो जाता है.

• Document type NGO report
• Themes list Fair Trial,
• Available languages Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิตUrdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغTagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang PagbitayMongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъяJapanese : 不当に奪われる生命 ～アジアにおける不公正な裁判を止め、 死刑執行の停止を～Indonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusiLethal Injustice in Asia: End unfair trials, stop executions亚洲的致命不公: 终止不公审判，停止处决

アジア太平洋地域における死刑の執行数は、世界の他の地域の合計数よりも多い。その上、不公正な裁判で処刑された可能性や、死刑の著しい不正義が明らかに なっている。誤判で死刑判決が言い渡されると、取り返しがつかない。アジア 太平洋地域の人口の95パーセントが、 死刑を存置

• Document type NGO report
• Themes list Fair Trial,
• Available languages Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิตUrdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغTagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang PagbitayMongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъяHindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करोIndonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusiLethal Injustice in Asia: End unfair trials, stop executions亚洲的致命不公: 终止不公审判，停止处决

Ази, Номхон далайн бүсэд дэлхийн бусад орнуудыг нийлүүлж тооцсоноос ч илүү олон хүнийг цаазалж байна. Үүнээс гадна тэр хүмүүсийг шударга бус шүүхээр шүүсэн байх магадлалтай бөгөөд энэхүү шийтгэл нь асар ичгүүргүй, шударга бус болох нь улам ойлгомжтой болсоор байна.

• Document type NGO report
• Themes list Fair Trial,
• Available languages Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิตUrdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغTagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang PagbitayJapanese : 不当に奪われる生命 ～アジアにおける不公正な裁判を止め、 死刑執行の停止を～Hindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करोIndonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusiLethal Injustice in Asia: End unfair trials, stop executions亚洲的致命不公: 终止不公审判，停止处决

Mas maraming tao ang pinarusahan ng kamatayan sa Rehiyong Asya-Pasipikokung ikukumpara sa pinagsamang iba pang bahagi ng mundo. Idagdag pa rito ang probabilidad na sila ay binitay pagkatapos ng di-makatarungang paglilitis, at lalong lilinaw ang garapal na inhustisya ng parusang ito.

• Document type NGO report
• Themes list Fair Trial,
• Available languages Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิตUrdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغMongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъяJapanese : 不当に奪われる生命 ～アジアにおける不公正な裁判を止め、 死刑執行の停止を～Hindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करोIndonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusiLethal Injustice in Asia: End unfair trials, stop executions亚洲的致命不公: 终止不公审判，停止处决

ںیم سا ۔ےہ یتاج ید توم ےازس وک دارفا ہدایز ےس ایند یقاب ںیم ےطخ کفسیپ ایشیا ںیم ےجیتن ےک تعامس ہنافصنمریغ ںیہنا ہک ےئاج ایل رک لماش یھب وک ناکما سا رگا ۔ےہ یتاجوہ حضاو یفاصناان یعومجم یک ازس سا وت یئگ ید ازس

• Document type NGO report
• Themes list Fair Trial,
• Available languages Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิตTagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang PagbitayMongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъяJapanese : 不当に奪われる生命 ～アジアにおける不公正な裁判を止め、 死刑執行の停止を～Hindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करोIndonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusiLethal Injustice in Asia: End unfair trials, stop executions亚洲的致命不公: 终止不公审判，停止处决

ในเอเชียแปซิฟิกมีจ

• Document type NGO report
• Themes list Fair Trial,
• Available languages Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.Urdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغTagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang PagbitayMongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъяJapanese : 不当に奪われる生命 ～アジアにおける不公正な裁判を止め、 死刑執行の停止を～Hindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करोIndonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusiLethal Injustice in Asia: End unfair trials, stop executions亚洲的致命不公: 终止不公审判，停止处决

아시아∙태평양 지역에서는 세계 나머지 모든 곳을 다 합친 것보다 더 많은 사람이 사형을 당한다. 게다가 불공정한 재판을 받고 사형당할 가능성까지 감안하면 사형이 얼마나 부당한 제도인지 명백히 드러난다. 공정한 재판을 받지 못한 채 사형이 집행된 후에는 이를 되돌이킬 방법이 전혀 없다.

• Document type NGO report
• Themes list Fair Trial,
• Available languages Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิตUrdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغTagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang PagbitayMongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъяJapanese : 不当に奪われる生命 ～アジアにおける不公正な裁判を止め、 死刑執行の停止を～Hindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करोIndonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusiLethal Injustice in Asia: End unfair trials, stop executions亚洲的致命不公: 终止不公审判，停止处决

इस रिपोर्ट संकलन में मामलों की संख्या की समीक्षा की गई है जो स्पष्ट रूप से मौत की सजा को लागू करने के बहुत असली खतरों का प्रदर्शन. आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)

• Document type NGO report
• Themes list Networks,
• Available languages Urdu : آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)Thai : แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)Tagalog : Eight kaso sheet (sumasakop sa China, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, Taiwan)Japanese : 八ケースシート（カバー中国、インド、インドネシア、日本、マレーシア、パキスタン、シンガポール、台湾）Indonesian : Delapan kasus lembar (meliputi Cina, India, Indonesia, Jepang, Malaysia, Pakistan, Singapura, Taiwan)Lapan lembaran kes (meliputi China, India, Indonesia, Jepun, Malaysia, Pakistan, Singapura, Taiwan)八个案例张（包括中国，印度，印度尼西亚，日本，马来西亚，巴基斯坦，新加坡，台湾）

Saat penyusunan laporan ini, sejumlah kasus sudah ditinjau lagi yang secara jelas menunjukkan bahaya nyata penerapan hukuman mati. Delapan kasus lembar (meliputi Cina, India, Indonesia, Jepang, Malaysia, Pakistan, Singapura, Taiwan)

• Document type NGO report
• Themes list Networks,
• Available languages Urdu : آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)Thai : แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)Tagalog : Eight kaso sheet (sumasakop sa China, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, Taiwan)Japanese : 八ケースシート（カバー中国、インド、インドネシア、日本、マレーシア、パキスタン、シンガポール、台湾）Hindi : आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)Lapan lembaran kes (meliputi China, India, Indonesia, Jepun, Malaysia, Pakistan, Singapura, Taiwan)八个案例张（包括中国，印度，印度尼西亚，日本，马来西亚，巴基斯坦，新加坡，台湾）

本報告書をまとめるに際し、死刑を適用することが現実に危険であるということを明らかに示す事例を検討した シート（カバー中国、インド、インドネシア、日本、マレーシア、パキスタン、シンガポール、台湾）

• Document type NGO report
• Themes list Networks,
• Available languages Urdu : آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)Thai : แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)Tagalog : Eight kaso sheet (sumasakop sa China, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, Taiwan)Indonesian : Delapan kasus lembar (meliputi Cina, India, Indonesia, Jepang, Malaysia, Pakistan, Singapura, Taiwan)Hindi : आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)Lapan lembaran kes (meliputi China, India, Indonesia, Jepun, Malaysia, Pakistan, Singapura, Taiwan)八个案例张（包括中国，印度，印度尼西亚，日本，马来西亚，巴基斯坦，新加坡，台湾）

Sa pagbuo ng ulat na ito, nirepaso ang ilang kaso na malinaw na nagpapakita ng tunay na panganib sa pagsasagawa ng parusang kamatayan. Eight kaso sheet (sumasakop sa China, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, Taiwan)

• Document type NGO report
• Themes list Networks,
• Available languages Urdu : آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)Thai : แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)Japanese : 八ケースシート（カバー中国、インド、インドネシア、日本、マレーシア、パキスタン、シンガポール、台湾）Indonesian : Delapan kasus lembar (meliputi Cina, India, Indonesia, Jepang, Malaysia, Pakistan, Singapura, Taiwan)Hindi : आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)Lapan lembaran kes (meliputi China, India, Indonesia, Jepun, Malaysia, Pakistan, Singapura, Taiwan)八个案例张（包括中国，印度，印度尼西亚，日本，马来西亚，巴基斯坦，新加坡，台湾）

List of points of international human rights law to review when submitting a report on a country’s use of the death penalty to the United Nations’ Universial Periodic Review.

• Document type Academic report
• Themes list International law,

Although the death penalty has a long history, it is not without debate and differing views. There appears to be a gap between Whites and Blacks in terms of their support of capital punishment. Students at a Midwestern university were surveyed to determine whether there were differences between the two groups of students in reasons to support or oppose the death penalty. In bivariate tests, there were significant differences between White and Black students on 15 of 16 measures for reasons for supporting or opposing capital punishment. These differences continued for 10 of the 16 measures even after multivariate analysis controlled for the effects of gender, age, and academic level. The results are discussed.

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

اس رپورٹ کو ترتیب دیتے ہوئے کئی مقدمات کا دوبارہ جائزہ لیا گیا جس سے سزائے موت پر عمل درآمد سے پیدا ہونے والے اصل خطرات ظاہر ہوئے ہیں۔ آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)

• Document type NGO report
• Themes list Networks,
• Available languages Thai : แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)Tagalog : Eight kaso sheet (sumasakop sa China, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, Taiwan)Japanese : 八ケースシート（カバー中国、インド、インドネシア、日本、マレーシア、パキスタン、シンガポール、台湾）Indonesian : Delapan kasus lembar (meliputi Cina, India, Indonesia, Jepang, Malaysia, Pakistan, Singapura, Taiwan)Hindi : आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)Lapan lembaran kes (meliputi China, India, Indonesia, Jepun, Malaysia, Pakistan, Singapura, Taiwan)八个案例张（包括中国，印度，印度尼西亚，日本，马来西亚，巴基斯坦，新加坡，台湾）

A number of papers have recently appeared claiming to show that in the United States executions deter serious crime. There are many statistical problems with the data analyses reported. This article addresses the problem of “influence,” which occurs when a very small and atypical fraction of the data dominate the statistical results. The number of executions by state and year is the key explanatory variable, and most states in most years execute no one. A very few states in particular years execute more than five individuals. Such values represent about 1 percent of the available observations. Reanalyses of the existing data are presented showing that claims of deterrence are a statistical artifact of this anomalous 1 percent.

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

This article gives insight into the different opinions held by the US and Europe in terms of the death penalty. The interplay between terrorism, the death penalty and extradition is also examined.

• Document type Article
• Themes list Extradition, Terrorism,

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

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

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,

Since July 1978, when Maryland’s capital punishment statute took effect, the State has been plagued by charges that the imposition of the death penalty is influenced by the race of the defendant and the legal jurisdiction in which the homicide occurred. Most critics use the characteristics of condemned inmates on Maryland’s death row, which reveal possible racial motivations. However, the authors argue that simply relying on the characteristics of condemned inmates reveals little about the underlying mechanisms of the imposition of the death penalty. The recent history of capital punishment in Maryland is reviewed, followed by a brief description of the legal structure of capital punishment under Maryland law. In order to empirically measure whether the imposition of capital punishment in Maryland is discriminatory, the authors examined 1,311 death eligible cases in Maryland from July 1, 1978 to December 31, 1999. Death eligible cases were defined as those cases in which the State’s attorney filed a notice of intention to seek a death sentence, the facts established that first degree murder was committed, the defendant was the principle in the first degree murder, the murder included at least one statutory aggravating circumstance, and the defendant was eligible for capital punishment at the time of the offense. The statistical strategy focused on determining the influence of race of victim, race of defendant, and geography on the imposition of the death penalty. Findings suggest that race and geography indeed play an important role in the Maryland justice system. Race and geography exert their most influence at the death notification and death notice retraction stages of the process. Thus, it is prosecutorial discretion that is the most apparent in the possible discriminatory application of capital punishment in Maryland. The findings from this study are unsurprising and are in line with similar studies from other States. The author cautions that overt racism is not necessarily the reason beyond the disproportionate application of capital punishment.

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

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,

Capital punishment has once again become the focus of intense national debate in the United States. There is increasingly widespread public concern over the propriety of state-sanctioned executions and the legal processes by which they are accomplished. Even in political arenas, where little more than a decade ago commentators could quip that “the electric chair has replaced the American flag as your all-purpose campaign symbol,” many elected officials are voicing second thoughts about capital punishment. The American Bar Association (ABA), among other prestigious groups, has called for a moratorium on executions until, at least, the procedural flaws in the legal process through which death sentencing takes place — what the ABA analysts characterized as a “haphazard maze of unfair practices” — have been identified and remedied. Recent assessments of the scope and seriousness of the problems that plague this process suggest that the task of reforming the system of capital punishment will prove to be a daunting one. For example, James Liebman and his colleagues have presented a sobering picture of what they termed a “broken system” in which the outcomes of capital trials — if judged by their fates in the appellate courts — are legally wrong more often than they are right. And at least one judge declared the federal death penalty unconstitutional because it failed to provide sufficient procedural protections to capital defendants.

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

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,

In 1995, the U.S. Supreme Court dismissed Rees v. Peyton, Rees was a death penalty case in which the petitioner sought to withdraw his petition for writ of certiorari so that he could be executed. The Court stayed the proceedings after Rees was found incompetent to waive his appeal, but the Court did not dismiss the case until after Rees died of natural causes. Rees pended in the Court during the terms of three Chief Justices. Even though the Court underwent major changes in personnel and philosophy during those years, the Court’s treatment of Rees was essentially the same–to hold the case in abeyance. This article chronicles the extraordinary history of Rees in the U.S. Supreme Court for those thirty years.

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

This article addresses the effect of judge versus jury decision making through analysis of a database of all capital sentencing phase hearing trials in the state of Delaware from 1977-2007. Over the three decades of the study, Delaware shifted responsibility for death penalty sentencing from the jury to the judge. Currently, Delaware is one of the handful of states that gives the judge the final decision making authority in capital trials. Controlling for a number of legally-relevant and other predictor variables, we find that the shift to judge sentencing significantly increased the number of death sentences. Statutory aggravating factors, stranger homicides, and the victim’s gender also increased the likelihood of a death sentence, as did the county of the homicide. We reflect on the implications of these results for debates about the constitutionality of judge sentencing in capital cases.

• Document type Academic report
• Themes list Statistics, Country/Regional profiles,

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

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

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,

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

• Document type Article
• Themes list Mandatory Death Penalty,

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

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

This report provides evidence on public attitudes to the death penalty in Ghana, withan empirical focus on Accra.

• Document type Academic report
• Themes list Public opinion, Statistics,

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,

Video “It is the potential of this documentary to move us toward a more enlightened society that excites me about this work.” Benjamin Jealous, former NAACP PresidentAs wrongful convictions, botched executions, and a broken justice system inch further into the spotlight, we must consider: What is justice? What part should the death penalty play?

• Document type Multimedia content
• Countries list United States
• Themes list Mental Illness, Innocence, Death Penalty,

Para completar e reforçar as disposições da carta Africana dos direitos humanos e dos povos,o artigo 66 da carta autoriza a adopção de protocolos ou acordos particulares. É com estefundamento que a Comissão Africana dos Direitos Humanos e dos Povos (CADHP) – organismoda União Africana (UA) encarregado da promoção e protecção dos direitos humanos em Africa– propôs à UA a adopção de um protocolo específico sobre a abolição da pena de morte queprecisa que “o direito à vida é o fundamento de todos os outros direitos”, e que “a abolição dapena de morte é essencial à protecção eficaz” deste direito.

• Document type Academic report
• Themes list Country/Regional profiles,
• Available languages Leaflet on the Protocol to the African Charter on Human and Peoples’ Rights on the Abolition of the Death PenaltyBrochure sur le Protocole additionnel à la Charte africaine des droits de l’homme et des peuples portant sur l’abolition de la peine de mort en Afrique

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,

What would you do if someone you love was raped, tortured, or murdered? How would you seek justice? The very thought evokes horror— we shudder to even consider it. But it is a reality faced by Vicki and Syl Scheiber after their daughter’s rape and murder; faced by Karen Brassard in the traumatic aftermath of the Boston Marathon bombing; faced by former Virginia state executioner Jerry Givens after performing 62 executions.As wrongful convictions, botched executions, and a broken justice system inch further into the spotlight, we must consider: What is justice? What part should the death penalty play?In the Executioner’s Shadow allows a glimpse into Jerry’s rarely seen world of death row and execution. It explores Karen’s moral conflict as she attends the accused bomber’s trial, a young man the same age as her son. It defies our perception of justice as Vicki and Syl fight for the life of their daughter’s murderer.In the Executioner’s Shadow illuminates the oft hidden realities entangled in death row, the death penalty, and the U.S. Justice system at large.

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

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,

This study is a quantitative analysis designed to compare two groups of factually innocent capital defendants: Those who were exonerated and those who were executed. There are a total of 97 cases in the sample, including 81 exonerations and 16 executions. The primary objective of the authors is to identify factors that may predict case outcomes among capital defendants with strong claims of factual innocence. Through the use of a logistic regression model, the following variables were significant predictors of case outcome (exoneration vs. execution): allegations of perjury, multiple types of evidence, prior felony record, type of attorney at trial, and race of the defendant. These results point toward significant problems with the administration of capital punishment deriving primarily from the quality of the case record created at trial.

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

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,

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,

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

If statistics are any indication, the system may well be allowing some innocent defendants to be executed.

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

Confronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book explores the means through which language helps to make death penalty decisions possible – how specific linguistic choices mediate and restrict jurors’, attorneys’, and judges’ actions and experiences while serving and reflecting on capital trials. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making – conveyed in the form of authoritative legal language – when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.

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

A vast literature details the crimes that condemned inmates commit, but very little is known about the social histories of these capital offenders. For example, how many offenders possessed mitigating characteristics that demonstrate intellectual or psychological deficits comparable to those shared by classes of offenders categorically excluded from capital punishment? Did these executed offenders suffer from intellectual disability, youthfulness, mental illness, or childhood trauma? The problem with this state of affairs is that the personal characteristics of the defendant can render the death penalty an excessive punishment regardless of the characteristics of the crime. This Article begins to fill the mitigation knowledge gap by describing the social histories of the last hundred offenders executed in America. Scouring state and federal court records, this Article documents the presence of significant mitigation evidence for eighty-seven percent of executed offenders. Though only a first step, our findings suggest the failure of the Supreme Court’s mitigation project to ensure the only offenders subjected to a death sentence are those with “a consciousness materially more depraved” than that of the typical murderer. Indeed, the inverse appears to be true: the vast majority of executed offenders possess significant functional deficits that rival — and perhaps outpace — those associated with intellectual impairment and juvenile status; defendants that the Court has categorically excluded from death eligibility.

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

• Document type Book
• Themes list Death Penalty,

The issue of whether innocent people have been executed is now at the center of the debate concerning the legitimacy of capital punishment. The purpose of this research was to use data collected by the Gallup Organization in 2003 to investigate whether Americans who believed that an innocent person had been executed were less likely to support capital punishment. We also explored whether the association varied by race, given that African Americans are disproportionately affected by the death penalty. Our results indicated that three-quarters of Americans believed that an innocent person had been executed for a crime they did not commit within the last five years and that this belief was associated with lower levels of support for capital punishment, especially among those who thought this sanction was applied unfairly. In addition, our analyses revealed that believing an innocent person had been executed had a stronger association with altering African American than white support for the death penalty.A key claim of death penalty advocates is that a high proportion of the public supports capital punishment. In this context, scholars opposing this sanction have understood the importance of showing that the public’s support for executing offenders is contingent and shallower than portrayed by typical opinion polls. The current research joins this effort by arguing that the prospect of executing innocents potentially impacts public support for the death penalty and, in the least, creates ideological space for a reconsideration of the legitimacy of capital punishment.

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

ในรายงานฉบับนี้ มีการทบทวนคดีต่างๆ ที่เกิดขึ้นซึ่งสะท้อนให้เห็นอย่างชัดเจนถึงอันตรายร้ายแรงของการใช้โทษประหารชีวิต การตัดสินว่าใครจะถูกประหารและใครที่จะรอด มักไม่ แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)

• Document type NGO report
• Themes list Networks,
• Available languages Urdu : آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)Tagalog : Eight kaso sheet (sumasakop sa China, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, Taiwan)Japanese : 八ケースシート（カバー中国、インド、インドネシア、日本、マレーシア、パキスタン、シンガポール、台湾）Indonesian : Delapan kasus lembar (meliputi Cina, India, Indonesia, Jepang, Malaysia, Pakistan, Singapura, Taiwan)Hindi : आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)Lapan lembaran kes (meliputi China, India, Indonesia, Jepun, Malaysia, Pakistan, Singapura, Taiwan)八个案例张（包括中国，印度，印度尼西亚，日本，马来西亚，巴基斯坦，新加坡，台湾）

The ABA’s revised Guidelines have squarely addressed the importance of seeking and negotiating dispositions in capital cases as a core component of effective representation in matters of life and death. Pleas have been available in the overwhelming majority of capital cases in the post-Furman era, including the cases of hundreds of prisoners who have been executed. There are no precise empirical data on this question. Plea negotiations are typically confidential, with both parties maintaining a posture of plausible denial if negotiations fail. The prosecutor may find it harder to argue to jurors that justice in a particular case requires a sentence of death if they know that he had offered the defendant a life sentence only weeks before. Defense counsel may not want to advertise her willingness to plead to first-degree murder if the case proceeds to trial and she is arguing to the jurors that the proof supports only second-degree. In addition, there are cases where a plea was acceptable to both sides, but negotiation never began because each side waited for the other to initiate discussions.

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

Death qualification has been shown to have a number of biasing effects that appear to undermine a capital defendant’s Sixth Amendment right to a fair jury. Attitudes toward the death penalty have shifted modestly but consistently over the last several decades in ways that may have changed the overall impact of death qualification. Specifically, the very large gap between black and white Americans’ current support for capital punishment raises the question of whether death qualification procedures disproportionately exclude African Americans from capital jury participation. In order to examine this possibility, we conducted two countywide death penalty attitude surveys in the California county that has the highest percentage of African American residents in the state. Results show that death qualification continues to have a number of serious biasing effects—including disproportionately excluding death penalty opponents—which result in the significant underrepresentation of African Americans. This creates a death‐qualified jury pool with the potential to be significantly more likely to ignore and even misuse mitigating factors and to rely more heavily on aggravating factors in their death penalty decision making. The implications of these findings for the fair administration of capital punishment are discussed.

• Document type Academic report

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,

There Will Be No Stay is not a documentary about the death penalty. Not in any way you’ve ever seen before, at least. It is a film about the actual men who are tasked by society with carrying out the death penalty. This is a first-hand look at executioners, the pressures they’re put under, and the unbearable toll the act of taking another’s life has on their own.

• Document type Working with...
• Themes list Death Row Conditions, Methods of Execution,

Template for civil society submissions to the Universal Periodic Review of human rights organised by the United Nations.

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

Compiled by Project 39A from the National University Law in Delhi, India and based on numerous figures and statistics, this report attempts to understand how death sentencing is practised among the district and sessions courts in India.

• Document type Academic report
• Themes list Death Penalty,

Authors David Johnson, an expert on law and society in Asia, and Franklin Zimring, a senior authority on capital punishment, utilize their research to identify the critical factors affecting the future of the death penalty in Asia. They found that when an authoritarian state experienced democratic reform, such as in Taiwan and South Korea, the rate of executions dropped sharply. Johnson and Zimring also found that politics, instead of culture or tradition, is the major obstacle to the end of capital punishment in Asia.

• Document type Book
• Countries list China

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

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

Failures of justice in trials which result in an execution cannot be rectified. In the Asia-Pacific region, where 95 per cent of the population live in countries that retain and use the death penalty, there is a real danger of the state executing someone in error following an unfair trial.

• Document type NGO report
• Themes list Fair Trial,

This Handbook represents a stand alone, single-volume practionners’ handbook for the use of psychiatrists and psychologists, sollicitors, barristers, prosecuting authorities and the courts, who are required to deal with homicide, and other cases, in jurisdictions and circumstances where the death penalty can apply.

• Document type Working with...
• Themes list Mental Illness,

Informations and survey findings about the public opinion on the death penalty in Singapore

• Document type Academic report
• Themes list Public opinion, Death Penalty,

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,

The authors gathered information on 1665 death-eligible cases nationwide for three years at decade intervals: 1994, 2004, and 2014. In 517 cases death sentences were imposed; in 311 cases sentences spared the defendants from death sentences, and in 837 cases prosecutors spared defendants from death sentences.

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

This book tells the story of Alfred Dewayne Brown, a man who spent over twelve years in prison (ten of them on Texas’ infamous Death Row) for a high-profile crime he did not commit, and his lawyer, Brian Stolarz, who dedicated his career and life to secure his freedom. The book chronicles Brown’s extraordinary journey to freedom against very long odds, overcoming unscrupulous prosecutors, corrupt police, inadequate defense counsel, and a broken criminal justice system. The book examines how a lawyer-client relationship turned into one of brotherhood.Grace And Justice On Death Row also addresses many issues facing the criminal justice system and the death penalty – race, class, adequate defense counsel, and intellectual disability, and proposes reforms.Told from Stolarz’s perspective, this raw, fast-paced look into what it took to save one man’s life will leave you questioning the criminal justice system in this country. It is a story of injustice and redemption that must be told.

• Document type Book
• Countries list United States
• Themes list Innocence, Death Row Conditions, Death Penalty,

More people are executed in the Asia-Pacific region than in the rest of the world combined. Add to this the probability that they were executed following an unfair trial, and the gross injustice of this punishment becomes all too clear.

• Document type NGO report
• Themes list Fair Trial,
• Available languages Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิตUrdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغTagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang PagbitayMongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъяJapanese : 不当に奪われる生命 ～アジアにおける不公正な裁判を止め、 死刑執行の停止を～Hindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करोIndonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusi亚洲的致命不公: 终止不公审判，停止处决

Lapan lembaran kes (meliputi China, India, Indonesia, Jepun, Malaysia, Pakistan, Singapura, Taiwan)

• Document type Academic report
• Themes list Networks,
• Available languages Urdu : آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)Thai : แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)Tagalog : Eight kaso sheet (sumasakop sa China, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, Taiwan)Japanese : 八ケースシート（カバー中国、インド、インドネシア、日本、マレーシア、パキスタン、シンガポール、台湾）Indonesian : Delapan kasus lembar (meliputi Cina, India, Indonesia, Jepang, Malaysia, Pakistan, Singapura, Taiwan)Hindi : आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)八个案例张（包括中国，印度，印度尼西亚，日本，马来西亚，巴基斯坦，新加坡，台湾）

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,

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,

Executionhas also (1) had a powerful negative influence on the substantive criminal law; (2) promoted the practice of using extreme penal sanctions as status rewards to crime victims and their families; (3) provided moral camouflage for a penalty of life imprisonment without possibility of parole, which is almost as brutal as state killing; and (4) diverted legal andjudicial resources from the scrutiny of other punishments and governmental practicesin an era of mass imprisonment. This chapter discusses these four latent impacts of attempts to revive and rationalize the death penalty in the United States.

• Document type Academic report
• Themes list Arbitrariness,

On 8 November, the 45-year-old mother of five children was found guilty of blasphemy and sentenced to death under Section 295B and 295C of Pakistan’s Penal Code, for insulting the Prophet Muhammad, by a court in Nankana, around 75km (45 miles) west of the city of Lahore in Punjab province.

• Document type Legal Representation
• Themes list Networks,

The Catholic Bishops’ Conference of the Philippines-Episcopal Commission on Prison Pastoral Care, together with the Free Legal Assistance Group, the Commission on Human Rights, and other members of the Anti-Death Penalty Task Force, have launched a handbook opposing the capital punishment and the drug war.

• Document type Article
• Countries list Philippines
• Themes list Drug Offences, Death Penalty,

A survey on Singaporeans’ opinion on the death penalty, which was led by Assoc Prof Chan Wing Cheong from the NUS Faculty of Law, found that most Singaporeans are in favour of the death penalty but less so for certain cases. Fewer support the death penalty for drug trafficking and firearms in cases where no one dies or is injured and there is also less support for the mandatory death penalty. The survey polled 1,500 Singapore citizens aged 18 to 74 between April and May 2016.For a free summary of the study: http://news.nus.edu.sg/highlights/11231-death-penalty-support-not-clear-cut

• Document type Article
• Countries list Singapore
• Themes list Public opinion, Public debate, World Coalition Against the Death Penalty, Death Penalty, Statistics, Country/Regional profiles,

Singapore recently amended its laws to replace the mandatory death penalty regime for murder and drug trafficking with a discretionary sentencing regime under certain conditions. One of the conditions with respect to drug trafficking was that the convicted trafficker had to be granted a certificate by the Public Prosecutor stating that the trafficker had provided substantive assistance that led to the disruption of drug trafficking activities. That decision is not subject to judicial review except under very narrow circumstances, protected in the same way as the constitutionally protected prosecutorial discretion.

• Document type Academic report
• Themes list Due Process , Fair Trial, Death Penalty,

This video was filmed at the 4th World Congress Against the Death Penalty in Geneva in February 2010. Speaker is Elizabeth Zitrin at the opening session.

• Document type Arguments against the death penalty
• Themes list Networks,
• Available languages Les vidéos du 4ème congrès mondial