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Document(s)

Pathways to abolition

By Death Penalty Worldwide / Cornell Law School, on 1 January 2016


2016

Academic report


More details See the document

This report documents the processes by which 14 jurisdictions abolished the death penalty in law. The conclusions attempt to identify patterns and draw conclusions in the hope that they will provide ideas, insights and inspiration to countries that either already are on their path to abolition or yet have to embark on it.

  • Document type Academic report
  • Themes list Trend Towards Abolition, Country/Regional profiles,

Document(s)

A Penalty Without Legitimacy: The Mandatory Death Penalty in Trinidad and Tobago

By Douglas Mendes / Florence Seemungal / Jeffrey Fagan / Roger Hood / The Death Penalty Project, on 1 January 2009


2009

NGO report


More details See the document

As a result of legal challenges, and in line with the trend worldwide, the mandatory death penalty has now been abolished in nine Caribbean countries and a discretion to impose a lesser sentence has been given to the judges of the Eastern Caribbean, Belize, Jamaica and the Bahamas. However, in relation to Trinidad & Tobago, in the case of Charles Matthew (Matthew v The State [2005] 1 AC 433), a majority of the Judicial Committee of the Privy Council decided – notwithstanding that the mandatory death penalty was cruel and unusual punishment in violation of entrenched fundamental freedoms and human rights established in the Constitution of Trinidad & Tobago – that it remained protected from constitutional challenge by the operation of the “savings clause” in the Constitution. As a result, Trinidad & Tobago remains one of only three Commonwealth Caribbean countries (Barbados and Guyana being the other two) that still retains the mandatory death penalty.

  • Document type NGO report
  • Themes list Mandatory Death Penalty,

Document(s)

International Covenant on Civil and Political Rights

By United Nations, on 1 January 1966


1966

United Nations report

arrufrzh-hantes
More details See the document

Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Document(s)

Death penalty developments in 2005

By Amnesty International, on 1 January 2006


2006

NGO report

fres
More details See the document

This document covers significant events concerning the death penalty during the year 2005. Two countries abolished the death penalty for all crimes, bringing to 86 the number of totally abolitionist countries at year end. Moratoria or suspensions of executions were being observed in several countries. At least 2,148 people were executed in 22 countries, and at least 5,186 were sentenced to death in 53 countries. Eight child offenders were executed in Iran. Other sections include significant judicial decisions; the use of the death penalty against child offenders and resumptions of executions.

Document(s)

Safeguards guaranteeing protection of the rights of those facing the death penalty

By United Nations, on 1 January 1984


1984

United Nations report

arrufrzh-hantes
More details See the document

Approved by Economic and Social Council resolution 1984/50 of 25 May 19841. In countries which have not abolished the death penalty, capital punishment may be imposed only for the most serious crimes, it being understood that their scope should not go beyond intentional crimes with lethal or other extremely grave consequences.

Document(s)

The Shadow of the Gallows: The Death Penalty and the British Labour Government, 1945-51

By Victor Bailey / Law and History Review, on 1 January 2000


2000

Article

United Kingdom


More details See the document

Exactly what went wrong and why is the theme of this article. How and why did the Labour government, despite its massive majority in Parliament and a long-standing commitment to abolition, fail to get rid of the death penalty? Why was this “window of opportunity” to abolish capital punishment shut for another decade and a half? The answers to these questions will be sought primarily in the realm of government and Parliament.

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

Document(s)

Akmal Shaikh

By Reprieve, on 1 January 2009


2009

Legal Representation


More details See the document

It was during this time Akmal met a man who claimed to be in the music industry; he told Akmal he could help him realise his dream of becoming a pop, When Akmal landed in China on 12 September 2007 the police stopped him, searched his bag, where they alleged they found around 4 kg of heroin, and arrested him on drug charges sensation and sent him to Kyrgyzstan to meet with his “colleagues”. In Kyrgyzstan Akmal was asked to accompany one of the men to China. The man claimed to own a nightclub there and said he wanted Akmal to sing in his club. Excited at the prospect, Akmal agreed to travel to China with him; Before boarding the plane Akmal was asked to carry this mans suitcase, he did so without knowing that there were drugs in it.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Exploring the Effects of Altitudes Toward the Death Penalty on Capital Sentencing Verdicts

By Kevin O’Neil / Psychology, Public Policy and Law / Marc W. Patry / Steven D. Penrod, on 1 January 2004


2004

Article

United States


More details See the document

Attitudes toward the death penalty are multifaceted and strongly held, but little research outside of the death-qualification literature has focused on the role that such attitudes and beliefs play in jurors’ capital sentencing verdicts. A single item is insufficient to properly measure attitudes toward the death penalty; therefore, a new 15-item, 5-factor scale was constructed and validated. Use of this scale in 11 studies of capital jury decision making found a large effect of general support of the death penalty on sentencing verdicts as well as independent aggravating effects for the belief that the death penalty is a deterrent and the belief that a sentence of life without parole nonetheless allows parole. These effects generally were not completely mediated by, nor did attitudes moderate the effects of, aggravating and mitigating factors.

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

Document(s)

Philippines: March 2018 National Survey on Public Perceptions on the Death Penalty

By Social Weather Stations (SWS), on 1 January 2018


2018

NGO report


More details See the document

This is the main finding of the March 2018 National Survey on Public Perception on the Death Penalty, conducted by Social Weather Stations (SWS) for the Commission on Human Rights of the Philippines (CHRP). This is the first survey in the Philippines to explore thought processes and disentangle layers of perceptions about the death penalty. It did face-to-face interviews of 2,000 respondents aged 15 and above nationwide during the period March 22 to 27, 2018.

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

Document(s)

Iran must halt execution of web programmer

By Amnesty International - Canada, on 1 January 2012


2012

Legal Representation


More details See the document

Saeed Malekpour was sentenced to death in December 2010 following what appears to have been an unfair trial, without access to his lawyer, and amid allegations that he was tortured and forced to confess to crimes which he did not commit. Iran must not execute this web programmer sentenced to death after one of his web programs was used to post pornographic images without his knowledge, Amnesty International said today, as the Iranian authorities continue their crackdown on bloggers and other users of the internet.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Infographic: Death Penalty in California

By California Innocence Project, on 1 January 2013


2013

Lobbying


More details See the document

The death penalty in the state of California continues to be a major focus, due in part to the burden it places on tax payers. Our goal with this infographic was to examine the facts, and the facts alone. Even though Proposition 34 did not pass in the most recent election, this issue will continue to be argued and remain a pressing issue, especially during difficult economic times.

  • Document type Lobbying
  • Themes list Minorities, International law, Public debate,

Document(s)

Myth #5 – Death penalty trials are a fair process

By Reprieve / Emmanuelle Purdon , on 8 September 2020


2020

Academic report


More details See the document

MYTH: Death penalty trials are a fair process. Trials and appeals are closely scrutinised. The defendant’s basic rights are protected. FACT: People are executed around the world every day because they did not have a fair trial.

  • Document type Academic report
  • Themes list Fair Trial,

Document(s)

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

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


Academic report

United States


More details See the document

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

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

Document(s)

He Called Me Sister

By Suzanne Craig Robertson, on 24 February 2023


2023

Book

Death Row Conditions 

United States


More details See the document

The fascinating, moving story of a friendship with an inmate on death row. It was a clash of race, privilege, and circumstance when Alan Robertson first signed up through a church program to visit Cecil Johnson on Death Row, to offer friendship and compassion. Alan’s wife Suzanne had no intention of being involved, but slowly, through phone calls and letters, she began to empathize and understand him. That Cecil and Suzanne eventually became such close friends—a white middle-class woman and a Black man who grew up devoid of advantage—is a testament to perseverance, forgiveness, and love, but also to the notion that differences don’t have to be barriers. This book recounts a fifteen-year friendship and how trust and compassion were forged despite the difficult circumstances, and how Cecil ended up ministering more to Suzanne’s family than they did to him. The story details how Cecil maintained inexplicable joy and hope despite the tragic events of his life and how Suzanne, Alan, and their two daughters opened their hearts to a man convicted of murder. Cecil Johnson was executed Dec. 2, 2009.

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

Document(s)

The Constitution in Crisis Pt 4

By The New School / Fora TV, on 1 January 2007


2007

Arguments against the death penalty


More details See the document

Bryan Stevenson discusses criminal justice in the United States. He discusses the influence of race in the outcome of criminal justice cases and uses social statistics to give the listeners a broader view of why the US state prisons are comprised of more of one race or another. Between chapter 4 and 8 Stevenson discusses the seemingly inherent racial bias to the administration of capital punishment in the United States.

  • Document type Arguments against the death penalty
  • Themes list Minorities, Discrimination,

Document(s)

Northwestern Death Penalty Project

By Northwestern University Centre on Wrongful Convictions, on 1 January 1998


1998

Working with...


More details See the document

The Center on Wrongful Convictions is dedicated to identifying and rectifying wrongful convictions and other serious miscarriages of justice. The Center has three components: representation, research, and community services. Center faculty, staff, cooperating outside attorneys, and Bluhm Legal Clinic students investigate possible wrongful convictions and represent imprisoned clients with claims of actual innocence. The research component focuses on identifying systemic problems in the criminal justice system and, together with the community services component, on developing initiatives designed to raise public awareness of the prevalence, causes, and social costs of wrongful convictions and promote reform of the criminal justice system. In addition, the community services component helps exonerated former prisoners cope with the difficult process of reintegration into free society.

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

Document(s)

Should Abolitionists Support Legislative “Reform” of the Death Penalty?

By Carol S. Steiker / Jordan M. Steiker / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


More details See the document

We assessed the Court’s reformist project on its own terms, asking whether the Court achieved the goals explicit or tolerated, if not invited, the inequalities and capriciousness characteristic of the pre-Furman era. We also argued that, apart from its failure on its own terms, the Supreme Court’s reformist regulation of capital punishment might well have carried an additional unanticipated cost. Whereas abolitionists initially sought judicial regulation of the death penalty as at least a first step towards abolition, judicial reform actually may have helped to stabilize the death penalty as a social practice. We argued that the appearance of intensive regulation of state death penalty practices, notwithstanding its virtual absence, played a role in legitimizing the practice of capital punishment in the eyes of actors both within and outside the criminal justice system, and we pointed to some objective indicators—such as the dramatic decline in the use of executive clemency in the post-Furman era[12] —as support for this thesis. Implicit in Furman and the 1976 foundational cases. Our assessment was not a positive one. Although the reformist approach spawned an extraordinarily intricate and detailed capital punishment jurisprudence, the resulting doctrines were in practical terms largely unresponsive to the underlying concerns for fairness and heightened reliability that had first led to the constitutional regulation of the death penalty. We described contemporary capital punishment law as the worst of all possible worlds. Its sheer complexity led to numerous reversals of death sentences and thus imposed substantial costs on state criminal justice systems. On closer inspection, however, the complexity concealed the minimalist nature of the Court’s reforms.

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

Document(s)

Innocence Lost … and Found: An Introduction to The Faces of Wrongful Conviction Symposium Issue

By Daniel S. Medwed / Golden Gate University Law Review, on 1 January 2006


2006

Article

United States


More details See the document

Each wrongful conviction signifies an acute failure of the criminal justice system, a loss of innocence for those of us who want to believe in its merits, each exoneration constitutes an affirmation of the system’s potential value – not so much in the sense that the post-conviction system “works” (given that it often does not) but that learning about the uniquely human details of individual exonerations serves as a powerful motivating force to revamp the process through which guilt or innocence is adjudicated. Our criminal justice system is changeable, its flaws possibly remediable, and it is this prospect of a revised, superior method of charging and trying those accused of crimes.

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

Document(s)

The Needs of the Wrongfully Convicted: A Report on a Panel Discussion

By Illinois Criminal Justice Information Authority's Research & Analysis Unit / Northwestern University School of Law, on 1 January 2002


2002

Working with...


More details See the document

This report has been prepared for Governor Ryan’s Commission on Capital Punishment to provide additional information on those who have been wrongfully convicted of murder and subsequently incarcerated. It is hoped that this information is useful in the Commission’s consideration of possible improvements in the way criminal justice agencies and allied entities meet the needs of those who have been wrongfully convicted.

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

Document(s)

The People Decide: The Effect of the Introduction of the Quasi-Jury System (Saiban-In Seido) on the Death Penalty in Japan

By Leah Ambler / Northwestern Journal of International Human Rights, on 1 January 2007


2007

Article

Japan


More details See the document

This article examines the potential impact of the new lay assessor system, or saiban-in seido, on capital punishment in Japan, and considers whether it may reduce death sentences to the point of effectively abolishing them at trial stage in the District Court. The article posits that the introduction of the lay assessor system may create the momentum for Japan to align its criminal justice system with that of other developed countries—that is, abolition of the death penalty as an available criminal sanction.

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

Document(s)

The Professional Obligation to Raise Frivolous Issues in Death Penalty Cases

By Monroe H. Freedman / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

Lawyers are generally familiar with the ethical rule forbidding frivolous arguments, principally because of sanctions imposed under rules of civil procedure for making such arguments. Not all lawyers are aware, however, of two ways in which the prohibitions of frivolous arguments are restricted in both the rules themselves and in their enforcement. First, the ethical rules have express limitations with respect to arguments made on behalf of criminal defendants, and courts are generally loath to sanction criminal defense lawyers. Second, the term “frivolous” is narrowed, even in civil cases, by the way it is defined and explained in the ethical rules and in court decisions.

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

Document(s)

Designed to break you: Human Rights Violations in Texas’ Death Row

By The Human Rights Clinic at the University of Texas School of Law, on 1 January 2017


2017

Academic report


More details See the document

The State of Texas stands today as one of the most extensive utilizers of the death penalty worldwide. Consequently, inmate living conditions on Texas’ death row are ripe for review. This report demonstrates that the mandatory conditions implemented for death row inmates by the Texas Department of Criminal Justice(TDCJ) are harsh and inhumane. Particular conditions of relevance include mandatory solitary confinement, a total ban on contact visits with both attorneys and friends and family, substandard physical and psychological health care, and a lack of access to sufficient religious services.

  • Document type Academic report
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Conditions, Death Row Phenomenon, Death Penalty, Country/Regional profiles,

Document(s)

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

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


2005

Article

United States


More details See the document

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

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

Document(s)

: Waiting for capital punishment

By Sadegh Souri, on 8 September 2020


2020

Academic report

Iran (Islamic Republic of)


More details See the document

According to Iranian law, the age when girls are held accountable for criminal punishment is nine years old, while international conventions have banned the death penalty for persons under 18. In Iran, the death penalty for children is used for crimes such as murder, drug trafficking, and armed robbery.Pursuant to the passing of new laws in recent years, the Iranian Judiciary System detains children in Juvenile Delinquents Correction Centers after their death sentence verdict, and a large number of them are hanged upon reaching age 18.

  • Document type Academic report
  • Countries list Iran (Islamic Republic of)
  • Themes list Juveniles, Women, Death Row Conditions,

Document(s)

Arcs of Global Justice

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


2018

Book


More details See the document

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

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

Document(s)

Death Sentencing Database

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


Working with...


More details See the document

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

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

Document(s)

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

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


2008

Book

United States


More details See the document

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

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

Document(s)

Death Penalty in India: Annual Statistics Report 2020

By Project 39A, on 1 January 2020


2020

Academic report

India


More details See the document

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

  • Document type Academic report
  • Countries list India

Document(s)

NGO Media Outreach: Using the Media as an Advocacy Tool

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


2003

Working with...


More details See the document

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

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

Document(s)

Remedying Wrongful Execution

By Meghan J. Ryan / University of Michigan, on 1 January 2011


2011

Article

United States


More details See the document

The Article highlights that statutory compensation schemes overlook the case of Cameron Todd Willingham, executed in 2004, of wrongful execution and the greater injustice it entails and urges that the statutes be amended in light of this grievous wrong that has come to the fore of American criminal justice systems.

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

Document(s)

The Abolition of the Death Penalty in International Law

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


2002

Book


More details See the document

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

  • Document type Book
  • Themes list Networks,

Document(s)

Film “Kill Troy Killing Me”

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


2020

Academic report

United States


More details See the document

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

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

Document(s)

Racial Disparity and Death Sentences in Ohio

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


2001

Article

United States


More details See the document

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

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

Document(s)

Film: “The Execution of Wanda Jean”

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


2020

Academic report

United States


More details See the document

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

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

Document(s)

Death Row – The Final Minutes

By Blink Publishing / Michelle Lyons, on 8 September 2020


Book

United States


More details See the document

First as a reporter and then as a spokesperson for the Texas Department of Criminal Justice, Michelle was a frequent visitor to Huntsville’s Walls Unit, where she recorded and relayed the final moments of death row inmates’ lives before they were put to death by the state.Michelle was in the death chamber as some of the United States’ most notorious criminals, including serial killers, child murderers and rapists, spoke their last words on earth, while a cocktail of lethal drugs surged through their veins.

  • Document type Book
  • Countries list United States
  • Themes list Right to life, Death Penalty,

Document(s)

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

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


2004

Article

United States


More details See the document

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

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

Document(s)

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

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


2013

Book


More details See the document

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

  • Document type Book
  • Themes list Due Process ,

Document(s)

The Death Penalty: America’s Experience with Capital Punishment

By Ray Paternoster / Robert Brame / Oxford University Press / Sarah Bacon, on 8 September 2020


2020

Book

United States


More details See the document

This book addresses one of the most controversial issues in the criminal justice system today—the death penalty. Paternoster et al. present a balanced perspective that focuses on both the arguments for and against capital punishment. Coverage draws on legal, historical, philosophical, economic, sociological, and religious points of view.

  • Document type Book
  • Countries list United States
  • Themes list Due Process , Public opinion, Country/Regional profiles,

Document(s)

The Future of the Federal Death Penalty

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


2000

Article

United States


More details See the document

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

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

Document(s)

Death Penalty in India: Annual Statistics Report 2019

By NLU Delhi , on 1 January 2020


2020

Academic report


More details See the document

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

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

Document(s)

Exonerations in the United States 1989 Through 2003

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


2005

Article

United States


More details See the document

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

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

Document(s)

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

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


2001

Article

United States


More details See the document

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

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

Document(s)

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

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


Article

United States


More details See the document

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

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

Document(s)

Last Day of Freedom

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


2015

Working with...


More details See the document

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

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

Document(s)

Criminological analysis on deterrent power of death penalty

By Yuanhuang Zhang / Frontiers of law in China, on 1 January 2009


2009

Article

China

zh-hant
More details See the document

Death penalty is the most effective deterrence to grave crimes, which has been the key basis for the State to retain death penalty. In fact, either in legislation or in execution, death penalty can not produce the special deterrent effect as expected. With respect to this issue, people tend to conduct normative exploration from the perspective of ordinary legal principles or the principle of human rights, which is more speculative than convincing. Correct interpretation based on the existing positive analysis and differentiation based on human nature which sifts the true from the false will not only help end the simple, repetitive and meaningless arguments regarding the basis for the existence of death penalty, but also help understand the rational nature of both the elimination and the preservation of death penalty, so as to define the basic direction towards which the State should make efforts in controlling death penalty in the context of promoting social civilization.

Document(s)

White Female Victims and Death Penalty Disparity Research

By Stephen Demuth / Marian R. Williams / Jefferson E. Holocomb / Justice Quarterly, on 1 January 2004


2004

Article

United States


More details See the document

Empirical studies of the death penalty continue to find that the race and gender of homicide victims are associated with the severity of legal responses in homicide cases even after controlling for legally relevant factors. A limitation of this research, however, is that victim race and gender are examined as distinct and independent factors in statistical models. In this study, we explore whether the independent examination of victim race and gender masks important differences in legal responses to homicides. In particular, we empirically test the hypothesis that defendants convicted of killing white females are significantly more likely to receive death sentences than killers of victims with other race-gender characteristics. Findings indicate that homicides with white female victims were more likely to result in death sentences than other victim race-gender dyads. We posit that this response may be unique and result in differential sentencing outcomes.

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

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)

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)

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


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)

Capital Punishment Views in China and the United States: A Preliminary Study Among College Students

By Eric G. Lambert / International Journal of Offender Therapy and Comparative Criminology / Shanhe Jiang, on 1 January 2007


2007

Article

China


More details See the document

There is a lack of research on attitudes toward capital punishment in China, and there is even less research on cross-national comparisons of capital punishment views. Using data recently collected from college students in the United States and China, this study finds that U.S. and Chinese students have differences in their views on the death penalty and its functions of deterrence, rehabilitation, and incapacitation. This study also reveals that the respondents’ perspectives of deterrence, rehabilitation, retribution, and incapacitation all affect their attitudes toward the death penalty in the United States, whereas only the first three views affect attitudes toward capital punishment in China. Furthermore, retribution is the strongest predictor in the United States, whereas deterrence is the strongest predictor in China.

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

Document(s)

Chinese Executions: Visualising their Differences with European Supplices

By Bourgon J / European Journal of East Asian Studies, on 1 January 2003


2003

Article

China


More details See the document

European executions obeyed a complex model that the author proposes to call ‘the supplice pattern’. The term supplice designates tortures and tormented executions, but it also includes their cultural background. The European way of executing used religious deeds, aesthetic devices and performing arts techniques which themselves called for artistic representations through paintings, theatre, etc. Moreover, Christian civilisation was unique in the belief that the spectacle of a painful execution had a redemptive effect on the criminals and the attendants as well. Chinese executions obeyed an entirely different conception. They were designed to show that punishment fitted the crime as provided in the penal code. All details were aimed to highlight and inculcate the meaning of the law, while signs of emotions, deeds, words, that could have interfered with the lesson in law were prohibited. In China, capital executions were not organized as a show nor subject to aesthetic representations, and they had no redemptive function. This matter-of-fact way of executing people caused Westerners deep uneasiness. The absence of religious background and staging devices was interpreted as a sign of barbarity and cruelty. What was stigmatised was not so much the facts that their failure to conform to the ‘supplice pattern’ that constituted for any Westerner the due process of capital executions.

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

Document(s)

Failure to Apply the Flynn Correction in Death Penalty Litigation: Standard Practice of Today Maybe, but Certainly Malpractice of Tomorrow

By John E. Wright / John Niland / Cecil R. Reynolds / Journal of Psychoeducational Assessment / Michal Rosenn, on 1 January 2010


2010

Article

United States


More details See the document

The Flynn Effect is a well documented phenomenon demonstrating score increases on IQ measures over time that average about 0.3 points per year. Normative adjustments to scores derived from IQ measures normed more than a year or so prior to the time of testing an individual have become controversial in several settings but especially so in matters of death penalty litigation. Here we make the argument that if the Flynn Effect is real, then a Flynn Correction should be applied to obtained IQs in order to obtain the most accurate estimate of IQ possible. To fail to provide the most accurate estimate possible in matters that are truly life and death decisions seems wholly indefensible.

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

Document(s)

Racial Differences in Death Penalty Support and Opposition: A Preliminary Study of White and Black College Students

By Morris Jenkins / Eric G. Lambert / David N. Baker / Journal of Black Studies, on 1 January 2005


2005

Article

United States


More details See the document

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,

Document(s)

Too Late for Luck: A Comparison of Post-Furman Exonerations and Executions of the Innocent

By Talia Roitberg Harmon / William S. Lofquist / Crime and Delinquency, on 1 January 2005


Article

United States


More details See the document

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,

Document(s)

Mass Injustice: Statistical Findings on the Death Penalty in Egypt

By Reprieve, on 1 January 2019


2019

NGO report


More details See the document

This report, Mass Injustice, presents the Egypt Death Penalty Index (“the Index”), a first-of-its-kind website and statisticaldatabase on Egypt’s application of thedeath penalty. The report provides background information on Egypt’s growing unlawful application of the death penalty, and explains how the Index was compiled.

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

Document(s)

Taking Capital Punishment Seriously

By Franklin E. Zimmering / David T. Johnson / Asian Journal of Criminology, on 1 January 2006


2006

Article


More details See the document

Although Asia is the most important region of the world when it comes to capital punishment, it is also one of the most understudied. This article identifies four research questions that deserve attention from students and scholars who believe taking capital punishment seriously requires studying Asia seriously too. What are the empirical contours of capital punishment in contemporary Asia? What are the histories of capital punishment in Asia? Can Western theories of capital punishment explain patterns and changes in Asia? And what is the future of capital punishment in Asia? If researchers take the trouble to explore these questions, the death penalty will not only become an interesting window into law and society in Asia, but Asia will prove to be an instructive window into the death penalty—the gravest real-life problem in the law.

  • Document type Article
  • Themes list Networks,

Document(s)

South Korea’s changing capital punishment policy: The road from de facto to formal abolition

By Byung-Sun Cho / Punishment and Society, on 8 September 2020


2020

Article

Republic of Korea


More details See the document

The most recent executions in South Korea took place in December 1997, when 23 people were executed at short notice on the same day. Similarly, nineteen executions occurred in 1995 and 15 in 1994, in each instance occurring all on the same day. These group executions seem to reflect cultural factors that monthly statistics alone do not capture. No executions have occurred since 1998, but this de facto suspension has not been reinforced by law. Since 1999, lawmakers have thrice endorsed a bill favoring life imprisonment without parole in place of the death penalty, but each time the proposal has stalled and failed to move forward. The need remains to develop a culturally appropriate pro-abolition argument that could persuade the Korean public that the death penalty is unworkable and wrong. On 21 January 2007, in the Inhyeokdang case, the Korean Court acquitted 8 persons who had been executed 32 years earlier. The hope is that, in light of strong arguments based on the risk to innocent persons and the irreversibility of capital punishment, Korea will effectively transition from de facto to formal abolition.

  • Document type Article
  • Countries list Republic of Korea
  • Themes list Trend Towards Abolition,

Document(s)

Capital Punishment: A Global Perspective

By Roger Hood / Punishment and Society, on 1 January 2001


2001

Article


More details See the document

This article reviews the extent to which the movement to abolish capital punishment has been successful and discusses some of the influences which have produced a remarkable increase in the number of abolitionist countries in the past two decades. It asks whether this trend has now come to an end as many countries which retain the death penalty continue to defy, for a variety of reasons, international pressure to change their laws and practices. Finally, it discusses some actions that might prove effective in overcoming these obstacles.

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

Document(s)

Murderers’ Relatives: Managing Stigma, Negotiating Identity

By Hazel May / Journal of Contemporary Ethnography, on 1 January 2000


2000

Article

United States


More details See the document

Drawing on in-depth interviews with the relatives of convicted murderers, this article interrogates the concept of stigma through an everyday notion of familial toxicity and commonsense understandings of murder. Identifying moments of stigmatizing strain, the article examines moments of opportunity for managing stigma through three metatactics: management of space, information, and self-presentation. However, due to the problems in carrying out sensitive research with a hidden population, there are limits to how far arguments made can be generalized. Therefore, the article concludes by raising questions for future research.

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

Document(s)

Handbook of Forensic Psychiatric Practice in Capital Cases

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


2018

Working with...


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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,

Document(s)

Fact Finding Report of LFHRI of the Sentencing of 17 Indians to Death by the Shariat Court of Sharjah, United Arab Emirates

By Lawyers for Human Rights International, on 1 January 2010


2010

Legal Representation


More details See the document

Lawyers For Human Rights International an Organisation of Lawyers having its base in Punjab, India, being part of an International movement against Death Penalty, decided to visit Sharjah jail in UAE to meet the 17 prisoners who have been sentenced to Death for killing a Pakistani youth. Two member team comprising of Navkiran Singh a Human Rights Lawyer & Activist from Panjab, practicing in the High Court at Chandigarh and who is the General Secretary of LFHRI along with another Lawyer Gagan Aggarwal, visited Dubai and Sharjah on 13th and 14th of April 2010 and met the Lawyers who have been hired to defend these 17 Indians by the Indian Consulate of UAE and also visited Sharjah jail and met all the prisoners. This report presents their findings.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Gall, Gallantry, and the Gallows: Capital Punishment and the Social Construction of Gender, 1840-1920

By Gender and Society / Alana van Gundy-Yoder, on 1 January 2008


2008

Article

United States


More details See the document

In this article, the authors examine how the debate over women’s executions during the nineteenth and early twentieth century funneled and in various ways processed the contrary demands of gender and capital justice. They show how encounters with capital punishment both reflected and reinforced dominant interpretations of womanhood and as such contributed to the intricate web of normative strictures that affected all women at the time. At the same time, however, the often heated debates that accompanied such cases pried open some of the contradictions inherent in the dominant interpretations and, as a result, came to challenge the boundaries that separated not only women from men but also women from each other. Rather than viewing gender as a unidirectional influence on capital punishment, the authors argue that gender is best approached as an evolving social category that gets reconstructed, modified, and transformed whenever it is implicated in social practices and public debates.

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

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)

Fair Trial Rights and Their Relation to the Death Penalty in Africa

By Lilian Chenwi / International and Comparative Law Quarterly, on 1 January 2006


2006

Article


More details See the document

A fair trial is a basic element of the notion of the rule of law, and the principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. At the centre of any legal system, therefore, must be a means by which legal rights are asserted and breaches remedied through the process of a fair trial in court, as the law is useless without effective remedies. The fairness of the legal process has a particular significance in criminal cases, as it protects against human rights abuses. Hence, constitutional due process and elementary justice require that the judicial functions of trial and sentencing be conducted with fundamental fairness, especially where the irreversible sanction of the death penalty is involved.

  • Document type Article
  • Themes list Fair Trial,

Document(s)

The Debate Over the Death Penalty in Today’s China

By Zhang Ning / China perpectives, on 1 January 2005


2005

Article

China


More details See the document

Despite the sensitivity of the subject, the death penalty is currently a topic of public discussion among Chinese legal experts who are now openly wondering about its possible abolition. This debate is of interest on three counts. First, it goes hand-in-hand with a retrospective reading of the Chinese penal tradition, highlighting the succession of attempts at modernising criminal law for over a century. It also shows the ever present weight of the Maoist legacy and the contradictions of the present policy, caught between a concern for legality and continuing recourse to exceptional measures. Lastly, legal professionals and theorists alike are engaging in a review—based on specific cases—of the particular features of contemporary Chinese society and culture.

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

Document(s)

The Peculiar Forms of American Capital Punishment

By David Garland / Social Research: An International Quarterly, on 1 January 2007


2007

Article

United States


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There are two puzzles that confront observers of American capital punishment at the start of the 21st century. One concerns the legal and administrative arrangements through which it is enacted, which strike many commentators as irrational, or at least poorly adapted to the traditional ends of criminal justice. The other concerns the persistence of capital punishment in the USA in a period when comparable nations have decisively abandoned its use. In this essay, I will address both of these two questions, beginning with the first and offering conclusions that bear upon the second.The historical struggles around issues of capital punishment, structured as they have been by the American polity with its distinctive mix of federalism, sectionalism, and democratic populism, form the necessary basis for understanding the American present and for comparing America’s current practices with those of other western nations. Any explanation of American capital punishment ought to begin by focusing attention on these structures and these struggles.

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

Document(s)

‘A “Most Serious Crime”? – The Death Penalty for Drug Offences and International Human Rights Law’

By Rick Lines / Amicus Journal, on 1 January 2010


2010

Article


More details See the document

An in-depth analysis of the international law ramifications of applying the death penalty for drug offences. It reviews the the ‘most serious crimes’ threshold for the lawful application of capital punishment as established in the International Covenant on Civil and Political Rights. It then explores the question of whether drug offences meet this threshold by examining the issue through the lenses of international human rights law, the domestic legislation in retentionist states, international narcotics control law, international refugee law and international criminal law. The article concludes that drug offences do not constitute ‘most serious crimes’, and that executions of people for drug offences violates international human rights law.

  • Document type Article
  • Themes list Drug Offences, Most Serious Crimes,

Document(s)

Mandatory Justice: Eighteen Reforms to the Death Penalty

By The Constitution Project, on 1 January 2001


2001

NGO report


More details See the document

One major goal of these recommendations is to create additional safeguards against the endemic tendency of decision-makers in the criminal justice system to “pass the buck.” The system is far too lax in catching errors and injustices in part because many of those who might catch these errors and injustices do not fully understand their own duty to ensure that a death sentence is the appropriate punishment. Several of these recommendations are addressed to those who occupy critical roles in the capital punishment system, including the defense attorney, the prosecutor, the jury, the trial judge, and the reviewing courts. They emphasize that each, individually, has the responsibility to ensure, to the best of his or her ability, that justice is done.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Mental Illness and the Death Penalty in North Carolina

By American Civil Liberties Union, on 1 January 2007


2007

NGO report


More details See the document

As this report lays bare, entrenched obstacles within the criminal justice system impede efforts to recognize those with severe mental illness and to treat them fairly. As detailed in this report, these obstacles include the fact that: 1, mentally ill offenders, because of their impairments, often undermine their own defenses in a variety of ways that contribute directly to their convictions, death sentences and executions; 2, although state law exclusively defines mental illness as a mitigating factor for sentencing purposes, juries often perceive mental illness as an aggravating (rather than mitigating) factor. 3, the law governing mental illness in the context of the death penalty does not often align itself with clinical realities; thus mental health experts must often answer legal questions that do not conform to their medical analyses.

  • Document type NGO report
  • Themes list Mental Illness,

Document(s)

Death In Decline ’09: Los Angeles Holds California Back as Nation Shifts to Permanent Imprisonment

By American Civil Liberties Union / Northern California, on 8 September 2020


2020

NGO report

United States


More details See the document

The tide is turning in the United States from death sentences to permanent imprisonment. A growing number of states are choosing permanent imprisonment over the death penalty, fueled by growing concerns about the wrongful conviction of innocent people and the high costs of the death penalty in comparison to permanent imprisonment. In 2009, the number of new death sentences nationwide reached the lowest level since the death penalty was reinstated in 1976. California lags behind in this national trend. The Golden State sent more people to death row last year than in the seven preceding years. By the close of 2009, California’s death row was the largest and most costly in the United States.

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

Document(s)

Promises Unfulfilled: An Assessment of China’s National Human Rights Action Plan

By Human Rights Watch, on 1 January 2011


2011

NGO report


More details See the document

In August 2010, the Chinese government announced a draft amendment to China’s criminal law which would eliminate the death penalty for a total of 13 “economy-related nonviolent offenses,” including the smuggling of precious metals and cultural relics out of the country. However, the government has provided no indication regarding if or when the draft amendment might be approved, and, in September 2010, Chen Sixi, member of the National People’s Congress (NPC) Standing Committee and vice chairman of the NPC’s Committee for Internal and Judicial Affairs, announced that the government would not in fact pursue these reforms.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Death by Geography: A County By County Analysis of the Road to Execution in California

By Natasha Minsker / Romy Ganschow / American Civil Liberties Union / Jeff Gillenkirk / Elise Banducci, on 1 January 2008


2008

NGO report


More details See the document

California’s death penalty is arbitary, unnecessary and a waste of critical resources. Whilst the vast majority of California’s counties have largely abandoned execution in favor of simply sentencing people to die in prison, 10 counties continue to aggressively sentence people to execution, accounting for nearly 85 percent of death sentences since 2000. California’s death penalty has become so arbitary that the county border, not the facts of the case, determines who is sentenced to execution and who is simply sentenced to die in prison. Pursuing executions provides no identifiable benefit to these counties but costs millions.

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

Document(s)

Blind Justice: Juries Deciding Life and Death With Only Half the Truth

By Death Penalty Information Center / Richard C. Dieter, on 1 January 2005


2005

NGO report


More details See the document

Blind Justice is a report which focuses on the problems of the death penalty from the perspective of jurors. While jurors have always occupied an esteemed position in the broader criminal justice system in the United States, in capital cases the responsibility of jurors is even more critical as they decide whether defendants should live or die. Even with this unique authority in capital cases, they are treated less than respectfully. Frequently, they are kept in the dark regarding key information about the case and are often barred from serving based on their beliefs or their race.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Nigeria: The death penalty and women under the Nigerian penal systems

By Amnesty International, on 1 January 2004


2004

NGO report

fres
More details See the document

The recent extension in parts of Nigeria of the death penalty to areas many consider to be private aspects of life has focused the debate on both the appropriateness of the death penalty in general and on the use of the criminal justice system as a way to regulate sexual behaviour. Amnesty International Believes that the death penalty in its application in Nigeria in particular violates women’’s human rights to access to justice, according to international human rights law and standards, and has a discriminatory effect on women in certain cases and for certain crimes. This becomes especially serious in cases of capital punishment which is severely affecting women from deprived socio-economic backgrounds and remote areas.

Document(s)

Uganda: Challenging the Death Penalty

By International Federation for Human Rights (FIDH) / Thomas Lemaire / Eric Mirguet / Mary Okosun, on 1 January 2005


2005

NGO report


More details See the document

The general feeling of NGOs and abolitionists in Uganda is that the most pressing issue is the situation of ordinary prisoners, while the death penalty as administered by the military should be addressed at a second stage. The questions relating to the military are sensitive issues in Uganda, which might also explain that position. The focus of the present report is consequently mainly on the death sentences pronounced by ordinary criminal courts.

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

Document(s)

The Death Penalty in Uzbekistan: Torture and Secrecy

By International Federation for Human Rights (FIDH) / Christine Martineau / Caroline Giraud / Richard Wild, on 1 January 2005


NGO report

rufr
More details See the document

On August 1, 2005, President Karimov announced, through a presidential decree, that the abolition of the death penalty was planned for January 1, 2008. The report concludes that the Uzbek authorities are responsible of serious and systematic human rights violations in the framework of the administration of criminal justice. The rights of those arrested are systematically violated. They often lack any access to a lawyer during their pre-trial detention, their families are not informed and torture is used in order to extort confessions, which often serve as a basis for their condemnation.

Document(s)

Investigating Attitudes to the Death Penalty in Indonesia, Part Two – Public Opinion: No Barrier to Abolition

By Carolyn Hoyle - The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, on 28 June 2021


2021

NGO report

Drug Offenses

Indonesia

Public Opinion 


More details See the document

In 2019-20, The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, commissioned Professor Carolyn Hoyle, of The Death Penalty Research Unit at the University of Oxford to conduct research investigating attitudes towards the death penalty in Indonesia. The findings have been presented in a two-part report; the first details the findings of a nuanced public survey and the second details the findings of interviews conducted with opinion formers. The public opinion research was undertaken by surveying a stratified random sample of 1,515 respondents – a sample large enough to make inferences from the data about the views of the overall population.

  • Document type NGO report
  • Countries list Indonesia
  • Themes list Drug Offenses / Public Opinion 

Document(s)

Wrongful Convictions and the Death Penalty Guide

By The Death Penalty Project, on 1 November 2022


2022

NGO report

Fair Trial


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One of the most compelling forces behind the evolution of international attitudes towards capital punishment in recent decades has been the increasing recognition of the potential for error in its use – that those states that choose to retain the practice may be taking the lives of innocent individuals. The Death Penalty Project produced this resource on wrongful convictions and the death penalty.

  • Document type NGO report
  • Themes list Fair Trial

Document(s)

The Decline of Juvenile Death Penalty: Scientific Evidence of Evolving Norms

By Valerie West / Jeffrey Fagan / Journal of Criminal Law and Criminology, on 1 January 2004


2004

Article

United States


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In 2003, the Missouri Supreme Court set aside the death sentence of Christopher Simmons, who was 17 when he was arrested for the murder of Shirley Crook. The Simmons court held that the “evolving standards of decency” embodied in the Eighth Amendment’s prohibition of cruel and unusual punishments barred execution of persons who committed capital crimes before their 18th birthday. This decision was based in part on the emerging legislative consensus in the states opposing execution of juvenile offenders and the infrequency with which the death penalty is imposed on juvenile offenders. The State sought a writ of certiorari, and the case is now before the U.S. Supreme Court. This article presents results of analyses of empirical data on the use of the death penalty for adolescent homicide offenders in state courts in the U.S. since 1990. The data shows that, since 1994, when death sentences for juvenile offenders peaked, juvenile death sentences have declined significantly. In particular, the decline in juvenile death sentences since 1999 is statistically significant after controlling for the murder rate, the juvenile homicide arrest rate, and the rate of adult death sentences. This downward trend in juvenile death sentences signals that there is an evolving standard in state trial courts opposing the imposition of death sentences on minors who commit capital offenses.

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

Document(s)

An Innocent Man: Hakamada Iwao and the Problem of Wrongful Convictions in Japan

By David T. Johnson / The Asia-Pacific Journal, on 1 January 2015


2015

Article

Japan


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The main aim of this article is to explore the problem of wrongful convictions in Japanese criminal justice by focusing on the case of Hakamada Iwao, who was sentenced to death in 1968 and released in 2014 because of evidence of his innocence.

  • Document type Article
  • Countries list Japan
  • Themes list Fair Trial, Innocence,

Document(s)

Death Row Fall 2014

By Criminal Justice Project / NAACP Legal Defense and Educational Fund, Inc., on 1 January 2014


2014

International law - Regional body


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The latest edition of the NAACP Legal Defense Fund’s Death Row, USA showed a continuing decline in the size of the death row population. The new total of 3,035 represented a 13% drop from 10 years earlier, when the death row population was 3,471. The racial demographics of death row have been steady, with white inmates making up 43% of death row, black inmates composing 42%, and Latino inmates 13%. California continued to have the largest death row, with 745 inmates, followed by Florida (404), Texas (276), Alabama (198), and Pennsylvania (188). Arkansas, which last carried out an execution nearly nine years ago, had a 13% decrease in its death row population since last year. The report also contains information about executions. Since 1976, 10% (143) of those executed were defendants who gave up their appeals.

  • Document type International law - Regional body
  • Themes list Due Process , Trend Towards Abolition,

Document(s)

Executing Those Who Do Not Kill

By Tracy Casadio / Joseph Trigilio / American Criminal Law Review, on 1 January 2011


2011

Article

United States


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This article explores the constitutionality of the death penalty for those convicted of felony murder, i.e., those who participated in a serious crime in which a death occurred, but were not directly responsible for the death.

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

Document(s)

Lightening the Load of the Parental Death Penalty on Children

By Oliver Robertson / Quaker United Nations Office, on 1 January 2013


2013

NGO report

enarfafres
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This paper begins by providing some basic information about children of parents sentenced to death, issues that persist through the whole of a parent’sinteraction with the criminal justice system. Next, it looks at issues that aresimilar to those faced by other children of prisoners, but focuses on the ways inwhich children of parents sentenced to death are different. For a more detailedaccount of the situation of children of prisoners worldwide, including recommendations and examples of good practice, read QUNO’s 2012 paperCollateral Convicts. Thirdly, the fundamentally different issues are considered, thoseonly children of parents sentenced to death experience. There are a limitednumber of recommendations included throughout: these are not intended to becomprehensive, instead only covering those areas where there is already clarity about a positive way forward.

Document(s)

The Death Penalty in 2014 : Year End Report

By Death Penalty Information Center, on 1 January 2014


2014

NGO report


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On December 18, DPIC released its annual report on the latest developments in capital punishment, “The Death Penalty in 2014: Year End Report.” In 2014, 35 people were executed, the fewest in 20 years. Death sentences dropped to their lowest level in the modern era of the death penalty, with 72 people sentenced to death, the smallest number in 40 years. Just seven states carried out executions, and three states (Texas, Missouri, and Florida) accounted for 80% of the executions. The number of states carrying out executions was the lowest in 25 years. Seven people were exonerated from death row this year, including three men in Ohio, who were cleared of all charges 39 years after their convictions, the longest time among all death row exonerees. There have now been 150 people exonerated from death row since 1973. “The relevancy of the death penalty in our criminal justice system is seriously in question when 43 out of our 50 states do not apply the ultimate sanction,” said Richard Dieter, DPIC’s Executive Director and the author of the report. “The U.S. will likely continue with some executions in the years ahead, but the rationale for such sporadic use is far from clear.”

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

Document(s)

California’s Death Penalty is Dead

By Natasha Minsker / American Civil Liberties Union / Miriam Gerace / Ana Zamora, on 1 January 2011


2011

NGO report


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California’s death penalty is dead. Prosecutors, legislators and taxpayers are turning to permanent imprisonment with no chance of parole as evidence grows that the system is costly, risky, and dangerous to public safety.

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

Document(s)

DO EXECUTIONS LOWER HOMICIDE RATES?: THE VIEWS OF LEADING CRIMINOLOGISTS*

By Michael L. Radelet / Tracy Lacock / The journal of criminal law and criminology, on 1 January 2009


2009

Article


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This study is about the question of whether the death penalty is a more effective deterrent than long-term imprisonment has been debated for decades or longer by scholars, policy makers, and the general public. In this Article the authors report results from a survey of the world’s leading criminologists that asked their expert opinions on whether the empirical research supports the contention that the death penalty is a superior deterrent.

  • Document type Article
  • Themes list Deterrence ,

Document(s)

China’s deadly secret

By Amnesty International, on 8 September 2020


2020

NGO report

China

zh-hant
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The Chinese government continues to conceal the extent to which capital punishment is being used in China, despite more than four decades of requests from UN bodies and the international community and despite the Chinese authorities’ own pledges to bring about increased openness in the country’s criminal justice system. This report focuses on the extent to which the authorities maintain near absolute secrecy over the death penalty system, while using partial and generally unverifiable disclosures to claim progress and reject demands for greater transparency.

  • Document type NGO report
  • Countries list China
  • Themes list Drug Offences, Death Penalty, Statistics, Country/Regional profiles,
  • Available languages 中国的致命秘密

Document(s)

Death Row U.S.A. Fall 2010

By National Coalition Against the Death Penalty, on 1 January 2010


2010

NGO report


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A quarterly report by the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, on the situation of the death penalty in the USA

  • Document type NGO report

Document(s)

Anthony Graves: The TT Interview

By Brandi Grissom / The Texas Tribune, on 1 January 2011


2011

Legal Representation


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The state of Texas incarcerated him for nearly two decades — and nearly executed him twice — for murders he didn’t commit. And now, the state is balking at giving him the $1.4 million he’s owed for all the years he spent wrongfully imprisoned.

  • Document type Legal Representation
  • Themes list Innocence,

Document(s)

Choosing Mercy: A Mother of Murder Victims Pleads to End the Death Penalty

By Antoinette Bosco, on 1 January 2001


2001

Working with...


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Written in the spirit of “Dead Man Walking,” this book by Antoinette Bosco conveys both the powerful personal experience of a mother whose son was murdered and a wealth of information about the criminal justice system in America. (Orbis Books, 2001)

  • Document type Working with...
  • Themes list Public opinion, Murder Victims' Families, Death Penalty,

Document(s)

Paralegals in Rwanda A Case Study by Penal Reform International

By Penal Reform International, on 1 January 2002


2002

Working with...


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Paralegals are becoming an increasingly important part of the criminal justice system in developing countries. By ensuring more people are aware of their rights within the prison system and can therefore represent themselves and follow up on their cases, paralegals contribute towards a reduction in numbers in pre-trial detention.

  • Document type Working with...
  • Themes list Country/Regional profiles,

Document(s)

Death Row USA – Spring 2020

By NAACP Legal Defense and Educational Fund, Inc. / Deborah Fins, on 8 September 2020


2020

NGO report

United States


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Spring 2020 edition of Death Row USA, on the situation of the death penalty in the USA as of April 2020

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

Document(s)

Investigating Attitudes to the Death Penalty in Indonesia in bahasa Indonesia

By Universitas Indonesia LBH Masyarakat Universitas Oxford The Death Penalty Project, on 10 August 2021


2021

NGO report

Drug Offenses

Indonesia

Public Opinion 


More details See the document

Pandangan Para Pembentuk Opini tentang Hukuman Mati di Indonesia

  • Document type NGO report
  • Countries list Indonesia
  • Themes list Drug Offenses / Public Opinion 

Document(s)

Whom the State Kills

By Harvard Law Review / Scott Phillips / Justin Marceau, on 1 January 2020


2020

Article

United States


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An unexpected feature of the modern death penalty is the fact that most persons sentenced to death are not executed […]. Death sentences are remarkably poor predictors of who will ultimately be executed. An even more salient feature of the death penalty is the fat that race matters […]. Rarity and race, then, stand as hallmarks of the American death penalty. But until now the interaction of these two phenomena has not been studied. This Article examines whether race is relevant for understanding the fate of the unfortunate few […]. By combining Baldus’s sentencing data whith original execution data, we demonstrate that the overall execution is susbsentially greater for defendants convicted of killing a white victim than for those convicted of killing a Black victim.

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

Document(s)

Outliers and Outcomes: How 9 of 10 Death Cases End with a Life Sentence & Why That Matters

By Ohioans to Stop Executions, on 8 September 2020


2020

NGO report

United States


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OTSE is a coalition of individuals and organizations working to reduce use of and ultimately end capital punishment in Ohio. The purpose of the report is to provide information and analysis to the media, members of the general public, legislators and state leaders.The death penalty in Ohio has become increasingly rare and is relegated to just a few high-use,outlier counties.Indeed, although Ohio has set an execution schedule unmatched by any state in the country up to the year 2023, it seems doubtful, based on its history of litigation and execution drug shortages, that Ohio will execute all those individuals.

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

Document(s)

A Matter of Life and Death: films, an assembly, lessons and information on the death penalty to inspire students aged 14+

By Amnesty International UK, on 8 September 2020


Campaigning


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Through A Matter of Life and Death lessons, assembly and films, students aged 14+ can explore the issues surrounding the use of the death penalty, one of Amnesty’s oldest and most established campaigns.

  • Document type Campaigning
  • Themes list Public opinion,

Document(s)

Social survey: public attitudes in Kazakhstan to the death penalty for terrorist offences

By Penal Reform International, on 1 January 2014


2014

NGO report


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This survey polled public opinion in Kazakhstan towards the use of the death penalty for terrorist offences resulting in death, and also for especially grave crimes committed inwartime.

  • Document type NGO report
  • Themes list Public opinion,

Document(s)

International Commission against the Death Penalty (ICDP) Review 2013

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


2013

NGO report


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The International Commission against theDeath Penalty (ICDP) undertook anumber of activities in 2013 to reinforce andconsolidate the global trend toward abolition ofcapital punishment. This is a full report on ICDP’s workin 2013 as well as statistics on global trends on capital punishment.

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

Document(s)

Irreversible Error: Recommended Reforms for Preventing and Correcting Errors in the Administration of Capital Punishment

By The Constitution Project, on 1 January 2014


2014

NGO report


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The Committee also offers a host of other recommendations to prevent and correct wrongfulconvictions. These include recommendations regarding the preservation, testing andpresentation of forensic evidence; the creation of statutory remedies for wrongful convictionsand the implementation of procedures for the systemic review to help avoid future errors; thevideotaping of custodial interrogations – where practical – in order to avoid the documentedproblem of false and otherwise inaccurate confessions; the adoption of best practices foreyewitness identifications; the effective implementation of prosecutors’ constitutionalobligation to disclose exculpatory evidence; and enforcement of the Vienna Convention onConsular Relations.

  • Document type NGO report
  • Themes list Innocence,

Document(s)

Терроризм в Казахстане Смертная казнь не решение проблемы

By Penal Reform International, on 1 January 2013


2013

NGO report

en
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