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Document(s)

Go With God

By Frank Harriman / Filmbay Ltd., on 1 January 2012


2012

Multimedia content

Iran (Islamic Republic of)


More details See the document

David Taylor has just half an hour to live. He is alone in his cell, in a foreign country, facing execution for something that isn’t even a crime back home in Britain.David has committed the crime of adultery in Iran, a fundamentalist Islamic nation. In the last minutes of his life he tries to come to terms with terrifying finality of his seemingly insignificant actions.Written to be shot in real-time, we follow every second of every minute of the last half hour of David’s life. As he chain smokes his way through to his upcoming oblivion, David is a mess of emotions. From tears and rage to laughter and even calm, he is trying to wrench everything… anything… from his dwindling life.As he interacts with different people, each having a different agenda – the prison governor, the Swedish consul, the guards and his best friend – we see a mirror being held up to reflect the wider world we live in.And finally, it is a simple study of raw human emotion, of friendship and of love.

  • Document type Multimedia content
  • Countries list Iran (Islamic Republic of)
  • Themes list Foreign Nationals, Death Penalty,

Document(s)

Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak – MISSION TO CHINA

By United Nations / Manfred Nowak, on 8 September 2020


2020

NGO report

China

frzh-hantesarru
More details See the document

The Special Rapporteur also observes positive developments at the legislative level, including the planned reform of several laws relevant to the criminal procedure, which he hopes will bring Chinese legislation into greater conformity with international norms, particularly the fair trial standards contained in the International Covenant on Civil and Political Rights (ICCPR) which China signed in 1998 and is preparing to ratify. He also welcomes the resumption by the Supreme People’s Court (SPC) of its authority to review all death penalty cases,59 particularly given the fact that the quality of the judiciary increases as one ascends the hierarchy. The Special Rapporteur suggests that China might use the opportunity of this important event to increase transparency regarding the number of death sentences in the country, as well as to consider legislation that would allow direct petitioning to the SPC in cases where individuals do not feel that they were provided with adequate relief by lower courts in cases involving the useof torture, access to counsel, etc.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Bacre Waly Ndiaye

By United Nations / Bacre Waly Ndiaye, on 1 January 1997


1997

International law - United Nations

arrufrzh-hantes
More details See the document

This report is submitted pursuant to Commission on Human Rightsresolution 1997/61 of 16 April 1997 entitled “Extrajudicial, summary orarbitrary executions”. It is the sixth report submitted to the Commissionon Human Rights by Bacre Waly Ndiaye and the fifteenth submitted to theCommission since the mandate on “Summary and arbitrary executions” wasestablished by Economic and Social Council resolution 1982/35 of 7 May 1982.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Asma Jahangir

By United Nations / Asma Jahangir, on 1 January 2003


2003

International law - United Nations

frzh-hantesarru
More details See the document

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 2002/36

By United Nations / Asma Jahangir, on 1 January 2003


International law - United Nations

arrufrzh-hantes
More details See the document

The report also discusses the issue of capital punishment and makes reference to death penalty cases in which the Special Rapporteur has intervened in reaction to reports that the sentences concerned had been passed in violation of international restrictions and human rights standards.

Document(s)

Question of the death penalty : report of the Secretary-General submitted pursuant to Commission on Human Rights resolution 2002/77

By United Nations, on 1 January 2003


International law - United Nations

arrufrzh-hantes
More details See the document

The present report contains information covering the period from January 2001 through December 2002, in order to ensure that there are no gaps in coverage since the last version of the sixth quinquennial report which covered information up to the end of 2000. The report indicates that the trend towards abolition of the death penalty continues, which is illustrated, inter alia, by the increase in the number of ratifications of international instruments that provide for the abolition of this punishment.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Ms. Asma Jahangir

By United Nations / Asma Jahangir, on 1 January 1999


1999

International law - United Nations

arrufrzh-hantes
More details See the document

This report is submitted pursuant to Commission on Human Rightsresolution 1998/68 of 21 April 1998 entitled “Extrajudicial, summary orarbitrary executions”. It is the first report submitted to the Commission byMs. Asma Jahangir and the sixteenth submitted to the Commission since themandate on “summary and arbitrary executions” was established by Economic andSocial Council resolution 1982/35 of 7 May 1982.

Document(s)

Leaflet LGBTQIA+ people and the Death Penalty

By World coalition against the death penalty, on 2 October 2023


2023

World Coalition

Gender

fr
More details Download [ pdf - 861 Ko ]

Document(s)

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

By United Nations, on 1 January 2001


2001

United Nations report

arruesesenarrufrfrzh-hantzh-hant
More details See the document

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

Document(s)

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

By United Nations, on 1 January 2001


United Nations report

arrufrzh-hantes
More details See the document

The present, sixth quinquennial report contains a review of the trends in the application of the death penalty, including the implementation of the safeguards, during the period l994-2000. It is a revised, updated version of the report of the Secretary-General on the subject (E/2000/3) that was submitted to the Council at its substantive session of 2000, to the Commission on Crime Prevention and Criminal Justice at its ninth session and to the Commission on Human Rights at its fifty-sixth session. Sixty-three countries participated in the survey. There was again a relatively poor response from retentionist countries, especially those making the most use of capital punishment. One major conclusion to be drawn is that, since l994, the rate at which countries have embraced abolition has remained unchanged.

Document(s)

Moratoriums on the use of the death penalty. Report of the Secretary-General (2010)

By United Nations, on 8 September 2020


2020

United Nations report

frarruzh-hantes
More details See the document

The present report is submitted to the General Assembly pursuant to General Assembly resolution 63/168. The report confirms the global trend towards abolition of the death penalty. It also recommends that Member States introduce a moratorium on the death penalty. Those States which still intend to implement the death penalty and are not willing to establish a moratorium should apply the death penalty only in the case of the most serious crimes. The protection of the rights of those facing the death penalty should be ensured, pursuant to the relevant international laws. Furthermore, in that regard, States have an obligation not to practise the death penalty in secrecy, nor to practice discrimination in its application.

Document(s)

AEDPA Repeal

By Brandon L. Garrett & Kaitlin Phillips, on 1 September 2022


2022

Academic report

Terrorism

United States


More details See the document

Given how pressing the problem has become, and the real interest in reforms to promote access to justice, this article takes a different tack than prior habeas reform work: to restore habeas corpus to its pre-AEDPA and pre-Rehnquist court state, in which a federal court can review claims and reach their merits. The approach would preserve flexibility at the district court level and remove the many layers of procedural complexity that the Supreme Court and then Congress have erected. We believe that deep changes are needed, and in that, we agree with judges and scholars that have for some time proposed such changes in the writ. As we describe, AEDPA was enacted as a culmination of more than two decades of complex Supreme Court law that had already limited access to federal habeas corpus. While AEDPA incorporated some of those procedural rulings, the concern would be that should AEDPA be repealed, even in part, those court-made restrictions could be interpreted to supplant AEDPA restrictions. Clear statutory language will be needed to ensure that the Court does not frustrate Congress, as it has in the past, by supplementing statutory text in order to limit constitutional remedies. We do not mean to suggest that the various proposals set out here are exhaustive. Our goal is to promote careful considerations of alternatives to the present-day set of federal habeas corpus statutes and accompanying judicial interpretation.

  • Document type Academic report
  • Countries list United States
  • Themes list Terrorism

Document(s)

Leaflet Women and the Death Penalty

By World coalition against the death penalty, on 2 October 2023


2023

World Coalition

Gender

fr
More details Download [ pdf - 1448 Ko ]

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the special rapporteur, Ms. Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 1999/35

By United Nations / Asma Jahangir, on 1 January 2000


2000

International law - United Nations

arrufrzh-hantes
More details See the document

In its resolution 1999/35, the Commission on Human Rights requested the Special Rapporteur to continue monitoring the implementation of existing international standards on safeguards and restrictions relating to the imposition of capital punishment, bearing in mind the comments made by the Human Rights Committee in its interpretation of article 6 of the International Covenant on Civil and Political Rights, as well as the Second Optional Protocol thereto.

Document(s)

World Coalition Strategic Plan 2023-2027

By World Coalition Against the Death Penalty, on 22 August 2023


2023

World Coalition

Trend Towards Abolition

fr
More details Download [ pdf - 455 Ko ]

Document(s)

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

By United Nations, on 8 September 2020


2020

United Nations report

arruzh-hantesfr
More details See the document

The present report contains information covering the period from June 2008 to July 2009, and draws attention to a number of phenomena, including the continuing trend towards abolition, the practice of engaging in a national debate on the death penalty, and the ongoing difficulties in gaining access to reliable information on executions.

Document(s)

Resolution 65/206 – 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

Resolution adopted by the General Assembly [on the report of the Third Committee (A/65/456/Add.2 (Part II))] 65/206. Moratorium on the use of the death penalty

Document(s)

The Death Penalty in the OSCE Area – Background Paper 2010

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


NGO report

Albania

ru
More details See the document

This paper updates The Death Penalty in the OSCE Area: Background Paper 2009.It is intended to provide a concise update to highlight changes in the status of thedeath penalty in OSCE participating States since the previous publication and topromote constructive discussion of this issue. It covers the period from 1 July 2009to 30 June 2010. —– To find past OSCE papers please visit: http://www.osce.org/documents?keys=The+Death+Penalty+in+the+OSCE+Area+-+Background+Paper+

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Ms. Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 2001/45

By United Nations / Asma Jahangir, on 1 January 2002


2002

International law - United Nations

arrufrzh-hantes
More details See the document

The report also discusses the issue of capital punishment and makes reference to death penalty cases in which the Special Rapporteur has intervened in reaction to reports that the sentences concerned had been passed in violation of international restrictions and human rights standards.

Document(s)

Question of the death penalty : report of the Secretary-General submitted pursuant to Commission resolution 2003/67

By United Nations, on 1 January 2004


2004

International law - United Nations

arrufrzh-hantes
More details See the document

The present report contains information covering the period from January 2003 through December 2003. The report indicates that the trend towards abolition of the death penalty continues, illustrated, inter alia, by the increase in the number of ratifications of international instruments that provide for the abolition of this punishment.

Document(s)

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

By United Nations, on 1 January 2008


2008

International law - United Nations

frarruzh-hantes
More details See the document

The present report contains information on the question of the death penalty covering the period from June 2009 to July 2010, and draws attention to a number of phenomena, including the continuing trend towards abolition and the ongoing difficulties experienced in gaining access to reliable information on executions.

Document(s)

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

By United Nations, on 1 January 2008


International law - United Nations

arrufrzh-hantes
More details See the document

The present report contains information covering the period from January 2006 to May 2008. The report indicates that the trend towards abolition of the death penalty continues; this is illustrated, inter alia, by the increase in the number of countries that are completely abolitionist and by the increase in ratifications of international instruments that provide for the abolition of this form of punishment.

Document(s)

Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston

By United Nations / Philip Alston, on 1 January 2007


2007

International law - United Nations

arrufres
More details See the document

The present report details the activities of the Special Rapporteur in 2009 and the first four months of 2010. This is the final report to the Human Rights Council by Philip Alston in his capacity as Special Rapporteur. It analyses the activities and working methods of the mandate over the past six years, and identifies important issues for future research. Detailed addenda to this report address: (a) accountability for killings by police; (b) election-related killings; and (c) targeted killings.

Document(s)

Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston

By United Nations / Philip Alston, on 1 January 2007


International law - United Nations

arrufrzh-hantzh-hantes
More details See the document

In addition to reporting on the principal initiatives undertaken in 2006 to address the scourge of extrajudicial executions around the world, this report focuses on four issues of particular importance: (a) the mandate of the Special Rapporteur in armed conflicts; (b) “mercy killings” in armed conflict; (c) the “most serious crimes” for which the death penalty may be imposed; and (d) the international law status of the mandatory death penalty.

Document(s)

The Death Penalty in 2010: Year End Reports

By Death Penalty Information Center, on 1 January 2010


2010

NGO report


More details See the document

The death penalty continued to be mired in conflict in 2010, as states grappled with an ongoing controversy over lethal injections, the high cost of capital punishment, and increasing public sentiment in favor of alternative sentences. Executions dropped by 12% compared with 2009, and by more than 50% since 1999. The number of new death sentences was about the same as in 2009, the lowest number in 34 years. —– For other DPIC year end reports (from 1995 – 2009) please visit: http://www.deathpenaltyinfo.org/reports

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

Document(s)

Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak

By United Nations / Manfred Nowak, on 1 January 2009


2009

International law - United Nations

arfrzh-hantesru
More details See the document

In chapter III, the Special Rapporteur focuses on the compatibility of the death penalty with the prohibition of cruel, inhuman and degrading punishment. He concludes that the historic interpretation of the right to personal integrity and human dignity in relation to the death penalty is increasingly challenged by the dynamic interpretation of this right in relation to corporal punishment and the inconsistencies deriving from the distinction between corporal and capital punishment, as well as by the universal trend towards the abolition of capital punishment.

Document(s)

Poster World Day 2006

on 10 October 2006


2006

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 191 Ko ]

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

Document(s)

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

By United Nations, on 1 January 2005


2005

International law - United Nations

arruesesarruenfrfrzh-hantzh-hant
More details See the document

The present report, prepared pursuant to Economic and Social Council resolutions 1754 (LIV) of 16 May 1973 and 1995/57 of 28 July 1995, is the seventh quinquennial report of the Secretary-General on capital punishment.1 It covers the period 1999-2003 and reviews developments in the use of capital punishment worldwide, both in law and in practice. The report shows an encouraging trend towards abolition and restriction of the use of capital punishment in most countries. It also shows that much remains to be done in the implementation of the safeguards guaranteeing protection of the rights of persons facing the death penalty in those countries that retain it.

Document(s)

TRANSPARENCY AND THE IMPOSITION OF THE DEATH PENALTY, Report of the Special Rapporteur, Philip Alston

By United Nations / Philip Alston, on 1 January 2006


2006

International law - United Nations

arrufrzh-hantes
More details See the document

The present report of the Special Rapporteur on extrajudicial, summary or arbitrary executions analyses a critical area of non-compliance with legal safeguards designed to protect the right to life. It builds upon the proposition that “[c]ountries that have maintained the death penalty are not prohibited by international law from making that choice, but they have a clear obligation to disclose the details of their application of the penalty” (E/CN.4/2005/7, para. 59). The report analyses the legal basis of that transparency obligation and examines case studies that illustrate the major problems that exist in this area.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Philip Alston

By United Nations / Philip Alston, on 1 January 2004


2004

International law - United Nations

arfrzh-hantesru
More details See the document

This report is submitted pursuant to Commission resolution 2005/34, and should be read in conjunction with its various addenda. They provide the following: a detailed analysis of communications sent to Governments which describe alleged cases of extrajudicial executions; reports on country missions to Nigeria and Sri Lanka during 2005; a report on the principle of transparency in relation to the death penalty; and several reports aimed at following up on earlier country missions to the Sudan, Brazil, Honduras and Jamaica.

Document(s)

Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Philip Alston

By United Nations / Philip Alston, on 1 January 2004


International law - United Nations

arrufrzh-hantes
More details See the document

Document(s)

Report by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak – MISSION TO MONGOLIA

By United Nations / Manfred Nowak, on 8 September 2020


2020

NGO report

Mongolia

rufrzh-hantesar
More details See the document

The Special Rapporteur is also deeply concerned about all the circumstances surrounding the death penalty in Mongolia, especially the total secrecy. Despite repeated requests to the highest authorities of the Government, as well as prosecutors and the judiciary, the Special Rapporteur was not provided with any official information. Concern was expressed that not even the families of the condemned persons are notified of the exact date or place of execution and do not receive their mortal remains for burial, which amounts to inhuman treatment of the family, contrary to article 7 of the Covenant. Moreover, prisoners on death row at the Gants Hudag and Zuunmod detention centres are held in complete isolation, handcuffed and shackled, and denied adequate food. These conditions constitute additional punishments which can only be qualified as torture as defined in article 1 of the Convention.

Document(s)

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

By United Nations, on 1 January 2006


2006

International law - United Nations

arrufrzh-hantes
More details See the document

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

Document(s)

Capital Punishment in Pennsylvania: The Report of the Task Force and Advisory Committee

By Joint State Government Commission, on 1 January 2018


2018

Government body report


More details See the document

Senate Resolution No.6 in 2011 called for a study of the contemporary capital punishment system in the Commonwealth. Pennsylvania is among the 31 states and the federal government that authorize capital punishment. During the last four decades in Pennsylvania, hundreds of murderers have been convicted and condemned to death; however, there have been only three executions.This study follows others on the same or related topics, including those conducted by the American Bar Association and the Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Justice System. The SR6 report is the culmination of work done by the Justice Center for Research at The Pennsylvania State University, the Interbranch Commission on Gender, Racial and Ethnic Fairness, and an advisory committee comprised of judges, public defenders, district attorneys, victim advocates, inmate advocates, clergy, law enforcement officials, and other expert stakeholders.

  • Document type Government body report
  • Themes list Death Penalty, Statistics,

Document(s)

The Death Penalty in the Arab World 2011

By Alejandro Tagarro Cervantes / Amman Center for Human Rights Studies, on 1 January 2011


2011

NGO report


More details See the document

This annual report drafted by ACHRS aims to proportionate an analytical studio of the situation of the death penalty and capital punishment in the Arab World in 2011, and includes detailed information about the 21 countries which constitute the Arab World. It also contains tables and a conclusive reflection on the current state of capital punishment.

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

Document(s)

Protection of the Rights of Children of Parents Sentenced to Death or Exectued: An Expert Legal Analysis

By Quaker United Nations Office / Stephanie Farrior, on 1 January 2019


2019

NGO report


More details See the document

The QUNO’s report offers an updated review of differents elements of international law on the human rights of the child.

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

Document(s)

A Comparative Analysis of Capital Punishment: Statutes, Policies, Frequencies, and Public Attitudes the World Over

By Dagny Dlaskovich / Rita Simon / Lexington Books, on 1 January 2002


2002

Book


More details See the document

A Comparative Analysis of Capital Punishment provides a concise and detailed history of the death penalty. Incorporating and synthesizing public opinion data and empirical studies, Simon and Blaskovich’s work compares, across societies, the types of offenses punishable by death, the level of public support for the death penalty, the forms the penalty takes, and the categories of persons exempt from punishment.

  • Document type Book
  • Themes list Public opinion,

Document(s)

Bylaws of the World Coalition Against the Death Penalty 2023

By World Coalition Against the Death Penalty, on 22 August 2023


2023

World Coalition

Trend Towards Abolition

fr
More details Download [ pdf - 146 Ko ]

Document(s)

Bylaws 2021

By World Coalition Against the Death Penalty, on 9 September 2021


2021

World Coalition

fr
More details Download [ pdf - 97 Ko ]

Bylaws of the World Coalition Against the Death Penalty As Amended by the 18 June 2021 General Assembly

  • Document type World Coalition
  • Available languages Statuts 2021

Document(s)

INSECURITY REVEALED: Voices Against the Death Penalty

By World Coalition Against the Death Penalty, on 6 August 2024


2024

Campaigning

World Coalition

fr
More details Download [ pdf - 1313 Ko ]

Document(s)

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

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


2008

Article


More details See the document

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

  • Document type Article
  • Themes list Death Row Phenomenon,

Document(s)

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

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


2001

Article


More details See the document

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

  • Document type Article
  • Themes list Mandatory Death Penalty,

Document(s)

Leaflet – 2020 World Day

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


2020

Academic report

fr
More details Download [ - 0 Ko ]

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

Document(s)

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

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


2006

Article

United States


More details See the document

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

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

Document(s)

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

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


2004

Article

United States


More details See the document

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

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

Document(s)

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

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


Article

United States


More details See the document

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

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

Document(s)

The Failed Failsafe: The Politics of Executive Clemency

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


2003

Article

United States


More details See the document

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

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

Document(s)

The Prevalence and Potential Causes of Wrongful Conviction by Fingerprint Evidence.

By Simon A. Cole / Golden Gate University Law Review, on 1 January 2006


2006

Article

United States


More details See the document

As the number of post-conviction DNA exonerations mounted and the Innocence Project undertook to treat these exonerations as a data set indicating the principal causes of wrongful conviction, the absence of fingerprint cases in that data set could have been interpreted as soft evidence that latent print evidence was unlikely to contribute to wrongful convictions. That situation changed in 2004 when Stephan Cowans became the first – and thus far the only – person to be exonerated by DNA evidence for a wrongful conviction in which fingerprint evidence was a contributing factor. Cowans’s wrongful conviction in Boston in 1997 for the attempted murder of a police officer was based almost solely on eyewitness identification and latent print evidence. The Cowans case not only provided dramatic additional support for the already established proposition that wrongful conviction by fingerprint was possible, it also demonstrated why the exposure of such cases, when they do occur, is exceedingly unlikely. These points have already been made in a comprehensive 2005 study of exposed cases of latent print misattributions. In this article, I discuss some additional things that we have learned about the prevalence and potential causes of wrongful conviction by fingerprint in the short time since the publication of that study.

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

Document(s)

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

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


2004

Article

United States


More details See the document

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

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

Document(s)

Database Center for North Korean Human Rights – Briefings on public execution

By Database Center for North Korean Human Rights, on 8 September 2020


2020

Article

Republic of Korea


More details See the document

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,

Document(s)

EU Policy on Death Penalty

By Council of Europe, on 1 January 2014


2014

Arguments against the death penalty


More details See the document

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

  • Document type Arguments against the death penalty

Document(s)

Retribution and Redemption in the Operation of Executive Clemency

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


2000

Article

United States


More details See the document

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

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

Document(s)

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

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


2001

Article

United States


More details See the document

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

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

Document(s)

Sri Lankan expert needed to conduct study on the death penalty – Terms of reference

By World Coalition Against the Death Penalty, on 23 December 2021


2021

World Coalition


More details Download [ pdf - 83 Ko ]
  • Document type World Coalition

Document(s)

China Executed 2,400 People in 2013, Dui Hua

By Dui Hua Human Rights Journal, on 1 January 2014


2014

Article

China


More details See the document

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,

Document(s)

Stories of Victims of Terrorism

By World Coalition Against the Death Penalty, on 1 January 2016


2016

Multimedia content

fr
More details Download [ pdf - 142 Ko ]

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

Document(s)

RECOMMENDATION 1302 (1996) on the abolition of the death penalty in Europe

By Council of Europe / Parlamentary Assembly, on 1 January 1996


1996

Regional body report


More details See the document

The Assembly recalls Recommendation 1246 (1994) on the abolition of capital punishment. It welcomes the decision of the Committee of Ministers of 16 January 1996 to encourage member states which have not abolished the death penalty to operate, de facto or de jure, a moratorium on the execution of death sentences.

  • Document type Regional body report
  • Themes list International law,

Document(s)

The Death Penalty In 2018: Year End Report

By Death Penalty Information Center / Death Penalty Information Centre, on 1 January 2018


2018

NGO report


More details See the document

New death sentences and executions remained near historic lows in 2018 and a twentieth state abolished capital punishment, as public opinion polls, election results, legislative actions, and court decisions all reflected the continuing erosion of the death penalty across the country.

  • Document type NGO report
  • Themes list Death Penalty,

Document(s)

The death penalty – Abolition in Europe

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


1999

Book

Czech Republic


More details See the document

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

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

Document(s)

Drug-related Offences, Criminal Justice Responses and the Use of the Death Penalty in South-East Asia

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


2019

International law - United Nations


More details See the document

Most of the world’s countries or territories have either abolished the death penalty or no longer use it. More than half of those that retain the death penalty, of which many are in South-East Asia, do so for drug-related offences. Most prisoners on death row in South-East Asia have been convicted of drug-related offences, although law and practice vary considerably among countries that retain the death penalty.

  • Document type International law - United Nations
  • Themes list Death Penalty, Statistics,

Document(s)

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

By Council of Europe, on 1 January 1983


1983

Regional body report

enenrufr
More details See the document

Document(s)

The Death Penalty in 2020: Year-End Report

By Death Penalty Information Center, on 1 January 2020


2020

NGO report

United States


More details See the document

2020 was abnormal in almost every way, and that was clearly the case when it came to capital punishment in the United States. The interplay of four forces shaped the U.S. death penalty landscape in 2020: the nation’s long-term trend away from capital punishment; the worst global pandemic in more than a century; nationwide protests for racial justice; and the historically aberrant conduct of the federal administration. At the end of the year, more states had abolished the death penalty or gone ten years without an execution, more counties had elected reform prosecutors who pledged never to seek the death penalty or to use it more sparingly; fewer new death sentences were imposed than in any prior year since the Supreme Court struck down U.S. death penalty laws in 1972; and despite a six-month spree of federal executions without parallel in the 20th or 21st centuries, fewer executions were carried out than in any year in nearly three decades.

  • Document type NGO report
  • Countries list United States

Document(s)

Living with a Death Sentence in Kenya: Prisoners’ Experiences of Crime, Punishment and Death Row

By Carolyn Hoyle and Lucrezia Rizzelli, on 24 January 2023


2023

Book

Kenya


More details See the document

The Death Penalty Project’s latest report provides a comprehensive analysis of the lives of prisoners on death row in Kenya. It focuses on prisoners’ socio-economic backgrounds and profiles, their pathways to, and motivation for, offending, as well as their experiences of the criminal justice process and of imprisonment. It complements our previous research, a two-part study of attitudes towards the death penalty in Kenya, The Death Penalty in Kenya: A Punishment that has Died Out in Practice.
While 120 countries around the world have now abolished the death penalty, including 25 in Africa, Kenya is one of 22 African nations that continues to retain the death penalty in law, albeit it has not carried out any executions for more than three decades. As such, Kenya is classified as ‘abolitionist de facto’, the United Nations term for a country that has not carried out an execution for at least 10 years. Yet, while state-sanctioned executions no longer occur, hundreds of people are currently living under sentence of death and others are convicted and sentenced to death each year. As long as the death penalty is retained in law, there remains a risk that executions might resume if there is political change. Moreover, the plight and turmoil of those languishing on death row – consistently the poorest and most vulnerable – cannot be ignored. They are disproportionately sentenced to death and suffer the harshest punishments and treatment.

  • Document type Book
  • Countries list Kenya

Document(s)

The Death Penalty for Drug Offences: Global Overview 2022

on 24 March 2023


2023

NGO report

China

Democratic People's Republic of Korea

Drug Offenses

Indonesia

Iran (Islamic Republic of)

Malaysia

Saudi Arabia

Singapore

Viet Nam


More details See the document

Harm Reduction International has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007. This report, our twelfth on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international standards. As of December 2022, Harm Reduction International (HRI) recorded at least 285 executions for drug offences globally during the year, a 118% increase from 2021, and an 850% increase from 2020. Executions for drug offences are confirmed or assumed to have taken place in six countries: Iran, Saudi Arabia, Singapore, plus in China, North Korea and Vietnam – on which exact figures cannot be provided because of extreme opacity. Therefore, this figure is likely to reflect only a percentage of all drug-related executions worldwide. Confirmed death sentences for drug offences were also on the rise; with at least 303 people sentenced to death in 18 countries. This marks a 28% increase from 2021.

  • Document type NGO report
  • Countries list China / Democratic People's Republic of Korea / Indonesia / Iran (Islamic Republic of) / Malaysia / Saudi Arabia / Singapore / Viet Nam
  • Themes list Drug Offenses

Document(s)

The Contradictions of American Capital Punishment

By Franklin E. Zimring / Oxford University Press, on 1 January 2003


2003

Book

United States


More details See the document

Why does the United States continue to employ the death penalty when fifty other developed democracies have abolished it? Why does capital punishment become more problematic each year? How can the death penalty conflict be resolved?In The Contradictions of American Capital Punishment, Frank Zimring reveals that the seemingly insoluble turmoil surrounding the death penalty reflects a deep and long-standing division in American values, a division that he predicts will soon bring about the end of capital punishment in our country. On the one hand, execution would seem to violate our nation’s highest legal principles of fairness and due process. It sets us increasingly apart from our allies and indeed is regarded by European nations as a barbaric and particularly egregious form of American exceptionalism. On the other hand, the death penalty represents a deeply held American belief in violent social justice that sees the hangman as an agent of local control and safeguard of community values.

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

Document(s)

The Dark At the Top of the Stairs: Four Destructive Influences of Capital Punishment on American Criminal Justice

By David T. Johnson / Franklin Zimring / Social Science Research Network , on 1 January 2011


2011

Academic report


More details See the document

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,

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)

The political origins of death penalty exceptionalism: Mao Zedong and the practice of capital punishment in contemporary China

By Zhang Ning / Punishment and Society, on 1 January 2008


2008

Article

China


More details See the document

This article focuses on the role played by Mao Zedong in the making of the Chinese communist legal system in general and in the Chinese practice of the death penalty under Mao in particular. It attempts to study this link through an analysis of an event which represented a landmark, namely the campaign of the regression against counterrevolutionaries launched in 1950—2, and through an examination of three specific cases, which enable us to observe the concrete characteristics of these practices, whose effects continue to be felt in today’s China.

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

Document(s)

A Matter of Life and Death: The Effect of Life Without-Parole Statutes on Capital Punishment

By Harvard Law Review, on 1 January 2006


2006

Article

United States


More details See the document

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,

Document(s)

Psychological Assessments in Legal Contexts: Are Courts Keeping “Junk Science” Out of the Courtroom?

By Tess M. S. Neal / Psychological Science in the Public Interest, on 1 January 2020


2020

Article

United States


More details See the document

This article reports the results of a two-part investigation of psychological assessments proposed as expert evidence in legal context.

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

Document(s)

The Death Penalty in Japan: An “Absurd” Punishment

By Joachim Herrmann / Brooklyn Law Review, on 8 September 2020


2020

Article

Japan


More details See the document

This article outlines some of the main arguments against the death penalty in Japan.

  • Document type Article
  • Countries list Japan

Document(s)

Incestuous Rape and the Death Penalty in the Philippines: Psychological and Legal Implications

By Seema Kandelia / Philippine Law Journal, on 1 January 2006


2006

Article

Philippines


More details See the document

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,

Document(s)

Views on the death penalty among college students in India

By Eric G. Lambert / Sudershan Pasupuleti / Punishment and Society / Shanhe Jiang / K. Jaishankar / Jagadis V. Bhimarasetty, on 1 January 2008


2008

Article

India


More details See the document

While research abounds on attitudes toward capital punishment in the United States, such work has been lacking in non-western nations — particularly in India, the world’s largest democracy. Data recently collected have revealed variance in levels of support for the death penalty among Indian college students: 44 percent express some degree of opposition, 13 percent are uncertain, and 43 percent express some degree of support. Reasons for support or opposition also exhibited variance. According to a multivariate analysis, statistically significant reasons for support included retribution, instrumentalist goals, and incapacitation; while significant reasons for opposition included morality and the belief that deterrence could be achieved by imposing sentences of life without parole.

  • Document type Article
  • Countries list India
  • Themes list Public opinion, Public debate,

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 Exceptionalism

By Carol S. Steiker / Duke Law School, on 1 January 2002


2002

Article

United States


More details See the document

At the same time, the countries that most vigorously employ the death penalty are generally ones that the United States has the least in common with politically, economically, or socially, and ones that the United States is wont to define itself against, as they are among the least democratic and the worst human rights abusers in the world. In recent years, the top five employers of capital punishment were China, the Democratic Republic of Congo, Iran, Saudi Arabia and the United States.3 Moreover, in the past twelve years, only seven countries in the world are known to have executed prisoners who were under 18 years old at the time of their crimes: the Democratic Republic of Congo, Iran, Nigeria, Pakistan, Saudi Arabia, Yemen and the United States.

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

Document(s)

The Death Penalty in China: Towards the Rule of Law

By Nicola Macbean / Ashgate Publishing, on 1 January 2008


2008

Academic report


More details See the document

In the run up to the 2008 Olympics in Beijing, intemational criticism of China’s human rights record has highlighted the use of the death penalty. Although global activists may try to intemationalise China’s use ofthe death penalty, capital punishment is a domestic issue.

  • Document type Academic report
  • Themes list Public debate, Cruel, Inhuman and Degrading Treatment and Punishment, Country/Regional profiles,

Document(s)

Innocence, Error, and the ‘New Abolitionism’: A Commentary

By Sarat Austin / Criminology & Public Policy, on 1 January 2005


2005

Article

United States


More details See the document

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,

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)

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)

Law, society, and capital punishment in Asia

By David T. Johnson / Franklin E. Zimring / Punishment and Society, on 1 January 2008


Article

Japan


More details See the document

Students of capital punishment need to study Asia, the site of at least 85 percent and as many as 95 percent of the world’s executions. This article explores the varieties of Asian capital punishment in two complementary ways. Cross-sectionally, the impression of uniformity that comes from classifying 95 percent of the population of Asia as living in executing states breaks down when closer attention is paid to the character of capital punishment policy within retentionist nations. Temporally, the general trajectory of capital punishment in the Asian region seems downward (though generalizations about patterns in this part of the world are undermined by significant data problems). Asia is also a useful territory for testing the generality of theories of capital punishment based on European experience. Looking forward, Japan and South Korea, two developed nations in Asia that still retain the death penalty, may indicate what other Asian nations are likely to do as they develop. Ultimately, Asia either will become a major staging area for world-wide abolition or the campaign against capital punishment will fail to achieve global status.

  • Document type Article
  • Countries list Japan

Document(s)

There Will Be No Stay

By Patty Ann Dillon, on 1 January 2015


2015

Working with...


More details See the document

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,

Document(s)

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

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


2000

Article


More details See the document

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

  • Document type Article
  • Themes list Networks,

Document(s)

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

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


2006

Article

United States


More details See the document

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

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

Document(s)

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

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


Article

United States


More details See the document

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

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

Document(s)

Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate

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


2007

Article

United States


More details See the document

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

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

Document(s)

A year-end compilation of death penalty data for the state of Missouri : Annual Report 2015

By Missourians for Alternatives to the Death Penalty, on 1 January 2015


2015

NGO report


More details See the document

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,

Document(s)

THE DEATH PENALTY, EXTRADITION, AND THE WAR AGAINST TERRORISM: U.S. RESPONSES TO EUROPEAN OPINION ABOUT CAPITAL PUNISHMENT

By Kathryn F. King / Buffalo Human Rights Law Review, on 1 January 2003


2003

Article


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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,

Document(s)

Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate

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


2007

Article

United States


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

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

Document(s)

When the Wall has Fallen: Decades of Failure in the Supervision of Capital Juries

By Jose Felipe Anderson / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


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Although there is no constitutional requirement that a jury participate in the death penalty process, most states do provide, through their capital punishment statutes, that a jury will participate in the decision. The preference for jury sentencing in these circumstances reflects a reluctance to leave power over life solely in the hands of one judge. Still, some scholars have long criticized juries for administering punishment.

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

Document(s)

Death Penalty Sentencing in Trial Courts: Delhi, Madhya Pradesh and Maharashtra (2000-2015)

By Project 39A, on 1 January 2019


2019

Academic report


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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,

Document(s)

Black Deaths Matter: The Race-of-Victim Effect and Capital Punishment

By Daniel Medwed / Northeastern, on 1 January 2020


2020

Article

United States


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The racial dimensions of the death penalty are well-documented. Many observers assume this state of affairs derives from bias—often implicit and occasionally explicit—against black defendants in particular. Research points to an even more alarming factor. The race of the victim, not the defendant, steers cases in the direction of death. Regardless of the perpetrator’s race, those who kill whites are more likely to face capital charges, receive a death sentence, and die by execution than those who murder blacks. This short Essay adds a contemporary gloss to the race-of-victim effect literature, placing it in the context of the Black Lives Matter movement and showing how it relates to the broader, systemic devaluation of African-American lives.

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

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


2001

Article

United States


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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)

Equality of the Damned: The Execution of Women on the Cusp of the 21st Century

By Elizabeth Rapaport / Ohio Northern Law Review 26(3), 581-600, on 1 January 2000


2000

Article

United States


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This article explores why women are rarely executed and examines the execution of four women in the Post-Furman Era, focusing on the execution of Karla Faye Tucker. The execution of Karla Faye Tucker in 1998, the second of the four women to be executed, occured in hte midst of relentless publicity. The Tucker execution revived interest in gender equity in the administration of capital punishment.

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

Document(s)

Death Row Stories

By CNN, on 1 January 2020


2020

Multimedia content

United States


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This docu-series investigate the fallibility of the death penalty in the United States.

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

Document(s)

Portuguese : UM BREVE DISCURSO SEDICIOSO ACERCA DA PENA DE MORTE

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


2020

Article

Brazil


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

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

Document(s)

Death Penalty in India: Annual Statistics Report 2019

By NLU Delhi , on 1 January 2020


2020

Academic report


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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)

The Challenge to the Mandatory Death Penalty in the Commonwealth Caribbean

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


2004

Article


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

  • Document type Article
  • Themes list Mandatory Death Penalty,

Document(s)

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

By Amnesty International / Anti-Death Penalty Asia Network, on 1 January 2011


2011

Academic report

enenenenenenzh-hant
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Document(s)

Confronting the Death Penalty. How Language Influences Jurors in Capital Cases

By Oxford University Press / Robin Conley, on 1 January 2015


2015

Book

United States


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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,