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Document(s)

The abolition of the death penalty and its alternative sanction in Eastern Europe: Belarus, Russia and Ukraine

By Penal Reform International / Alla Pokras, on 1 January 2012


2012

NGO report

ru
More details See the document

This research paper focuses on the application of the death penalty and its alternative sanction in three countries of Eastern Europe: the Republic of Belarus, the Russian Federation and kraine. Its aim is to provide up-to-date information about the laws and practices relating to the application of the death penalty in this region, including an analysis of the alternative sanctions to the death penalty and whether they reflect international human rights standards and norms.

Document(s)

UNITED STATES OF AMERICA: Indecent and internationally illegal: The death penalty against child offenders

By Amnesty International, on 1 January 2002


2002

NGO report


More details See the document

This report gives details of the national picture of the execution of juveniles, looking particularly at how two key decisions of the US Supreme Court have widened the gap between the USA and most other countries on this issue. The report examines the arguments used by those who oppose the execution of juvenile offenders and provides an overview of the international situation on the use of the death penalty against child offenders.

  • Document type NGO report
  • Themes list Juveniles,

Document(s)

Human Rights and Vulnerable Prisoners (pages 121-132)

By Penal Reform International, on 1 January 2003


2003

Working with...

fafres
More details See the document

This manual is a resource for those who deliver training and workshops on human rights in prisons. It explores the fundamentals of good prison management, focusing specifically on international standards for the treatment of prisoners and the special needs of vulnerable categories of prisoner.

Document(s)

Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases

By American Bar Association, on 1 January 2003


Working with...


More details See the document

The objective of these Guidelines is to set forth a national standard of practice for the defense of capital cases in order to ensure high quality legal representation for all persons facing the possible imposition or execution of a death sentence by any jurisdiction. These Guidelines apply from the moment the client is taken into custody and extend to all stages of every case in which the jurisdiction may be entitled to seek the death penalty, including initial and ongoing investigation, pretrial proceedings, trial, post-conviction review, clemency proceedings and any connected litigation.

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

Document(s)

Juvenile Death Penalty: Is It Cruel and Unusual in Light of Contemporary Standards

By American Bar Association / Adam Caine Ortiz, on 1 January 2003


NGO report


More details See the document

Reviews the use of the death penalty on juveniles in light of contemporary standards.

  • Document type NGO report
  • Themes list Juveniles,

Document(s)

Broken Justice: The Death Penalty in Virginia

By Rachel King / American Civil Liberties Union / Virginia, on 1 January 2003


NGO report


More details See the document

In April of 2000, the ACLU of Virginia published its first report on the status of the death penalty in Virginia. Since that time, a remarkable number of changes have taken place on this issue both in Virginia and throughout the country, which necessitated a second edition of the report. The first report examined four aspects of the administration of capital punishment in Virginia: prosecutorial discretion in the charging of capital crimes, quality of legal representation for the accused at trial, appellate review of trials resulting in the death penalty and the role of race. This report will look at those four areas and also add several other issues: the problem of prosecutorial misconduct in capital cases, the problem of executing mentally retarded offenders, the question of executing juvenile offenders and the danger of executing wrongfully convicted persons, as shown by the growing number of individuals who have been exonerated while on death row.

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

Document(s)

Children of parents sentenced to death

By Helen F. Kearney / Quaker United Nations Office, on 1 January 2012


2012

NGO report


More details See the document

This paper will raise awareness of some of the issues facing the child. It will consider and elaborate on each of these issues in as much detail as the current literature permits.

  • Document type NGO report
  • Themes list Murder Victims' Families, Country/Regional profiles,

Document(s)

The death penalty worldwide: developments in 2002

By Amnesty International, on 1 January 2003


2003

NGO report

fres
More details See the document

This paper covers significant events concerning the death penalty during the year 2002. Other subjects covered in this paper include significant judicial decisions; important studies; the use of the death penalty against the innocent; reductions in the scope of the death penalty; moratoria and commutations; and moves to restrict appeals in capital cases.

Document(s)

The exclusion of child offenders from the death penalty under general international law

By Amnesty International, on 1 January 2003


NGO report

fres
More details See the document

In October 2002 the Inter-American Commission on Human Rights held that “a norm of international customary law has emerged prohibiting the execution of offenders under the age of 18 years at the time of their crime” and that “this rule has been recognized as being of a sufficiently indelible nature to now constitute a norm of jus cogens”. This paper examines the evidence supporting the conclusion that the use of the death penalty against child offenders (people convicted of crimes committed under the age of 18) is prohibited under customary international law and as a peremptory norm of general international law (jus cogens).

Document(s)

Middle East and North Africa: Algeria, Egypt, Jordan, Lebanon, Morocco and Tunisia

By Penal Reform International, on 1 January 2012


2012

NGO report


More details See the document

The aim of this research paper is to provide upto-date information about the laws and practices relating to the application of the death penalty. It includes an analysis of the alternative anctions to the death penalty (life and long-term imprisonment) and whether they reflect international human rights standards and norms.

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

Document(s)

Manual for Civil Society Participation in OAS Activities

By Organization of American States, on 1 January 2009


2009

Working with...

es
More details See the document

The purpose of this Manual for Civil Society Participation in OAS Activities, prepared by the Department of International Affairs, is to clarify the mechanisims through which CSOs can participate in OAS activities and contribute to the formulation of hemispheric policies. In addition, the Manual provides a summary of the structure and work areas of the Organization as well as the guiding principles for CSO participation.

Document(s)

Mental retardation and the death penalty

By Amnesty International, on 1 January 2001


2001

NGO report


More details See the document

This paper attempts to summarise the issues arising from the practice of executing prisoners who have mental retardation. It draws mainly on the US experience but makes reference to other jurisdictions.

  • Document type NGO report
  • Themes list Intellectual Disability,

Document(s)

Sentenced to Death: A Report on Washington Supreme Court Rulings In Capital Cases

By American Civil Liberties Union / Washington, on 1 January 2001


NGO report


More details See the document

The ACLU conducted an analysis of court rulings in the 25 Washington cases in which the death sentence has been imposed since 1981, when the current death penalty statute took effect. That analysis of almost two decades of death sentences and executions makes it clear that the system by which we impose and review death sentences in Washington is fundamentally flawed.

  • Document type NGO report
  • Themes list Networks,

Document(s)

The death penalty worldwide: Developments in 2000

By Amnesty International, on 1 January 2001


NGO report

arfres
More details See the document

This paper covers events around the exercise of the death penalty during the year 2000, including such subjects as significant national and international court cases and decisions; important studies; the use of the death penalty against the mentally ill and those with mental retardation; its use against the `innocent’ and against women; medical and religious perspectives and public opinion polls and surveys.

Document(s)

Evaluating fairness and accuracy in state death penalty systems: The Missouri Death Penalty Assessment Report

By American Bar Association, on 1 January 2012


2012

NGO report


More details See the document

This study reflect on the aspects of fairness and accuracy as foundation of the American criminal justice system. As the Supreme Court of the United States has recognized, these goals are particularly important in cases in which the death penalty is sought. A system cannot claim to provide due process or protect the innocent unless it offers a fair and accurate system for every person who faces the death penalty.

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

Document(s)

Death sentences and executions in 2011

By Amnesty International, on 1 January 2012


NGO report

enenfafrzh-hantes
More details See the document

Developments on the use of the death penalty in 2011 confirmed the global trend towards abolition. The number of countries that were known to have carried out death sentences decreased compared to the previous year, and overall, progress was recorded in all regions of the world. In this report, Amnesty International analyses some of the key developments in the worldwide application of the death penalty, citing figures it has gathered on the number of death sentences handed down and executions carried out during the year.

Document(s)

Zambia: Time to abolish the death penalty

By Amnesty International, on 1 January 2001


2001

NGO report


More details See the document

This report aims at focusing attention on the country’s use of the death penalty, particularly as Zambia does not apply international standards for fair trials in its use of the death penalty.

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

Document(s)

Death without Justice: A Guide for Examining the Administration of the Death Penalty in the United States

By American Bar Association, on 1 January 2001


Working with...


More details See the document

This guide was created because of the growing flaws in the adminstration of the death penatly, it provides a guide to the death penalty administration process and vulnerable populations in death row administration.

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

Document(s)

Human rights, capital punishment and the Commonwealth: still behind the curve

By William A. Schabas / Institute of Commonwealth Studies / Commonwealth Advisory Bureau, on 1 January 2012


2012

Article


More details See the document

In this Opinion, Professor Schabas argues that the Commonwealth is behind the curve of the international trend towards the abolition of the death penalty. He analyses the status and use of capital punishment in Commonwealth countries, as compared to all UN member states more broadly.

  • Document type Article
  • Themes list International law,

Document(s)

Physicians Willingness to Participate in the Process of lethal Injection for Capital Punishment

By Joan Weiner / Brian M. Aboff / Neil J. / Farber / Annals of Internal Medecine 135(10), 884-888 / Elizabeth B. Davis / E. Gil Boyer / Peter A. Ubel, on 1 January 2001


2001

Article

United States


More details See the document

Occasionally, physicians’ personal values conflict with their perceived societal duties. One example is the case of lethal injection for the purpose of capital punishment. Some states require that such lethal injections be performed by physicians. At the same time, leading medical societies have concluded that physicians should avoid participating in capital punishment. Physicians’ attitudes toward involvement in capital punishment may depend on how they balance their responsibilities to individuals against their duties to society. Other factors may include a desire to provide a more painless death for the prisoner or concern over the competency of other health care personnel. In a previous survey, we found that a majority of physicians condoned involvement of their fellow physicians in capital punishment. For the current study, we conducted another survey to ascertain physicians’ attitudes about their own involvement in capital punishment, as well as factors associated with these attitudes.

  • Document type Article
  • Countries list United States
  • Themes list Lethal Injection,

Document(s)

Guidelines on human rights education, for law enforcement officials

By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2011


2011

Working with...


More details See the document

These guidelines aim to support systemic and effective human rights education for police and other law enforcement personnel. They were prepared on the basis of broad consultations involving police trainers, university lecturers, national human rights institutions and individuals involved in the design and delivery of educational curricula for law enforcement officials.

  • Document type Working with...

Document(s)

Poster World Day 2004

By World Coalition against the death penalty , on 10 October 2004


2004

Campaigning

Trend Towards Abolition

esfr
More details Download [ pdf - 17 Ko ]

Poster world day against the death penalty 2004

Document(s)

Guidelines on human rights education, for secondary school systems

By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2011


2011

Working with...


More details See the document

These guidelines, which focus on human rights education in secondary schools, aim to support systemic and effective human rights learning for all young people.

  • Document type Working with...

Document(s)

MVFHR 飄洋過海來看你:看見被害人 20100704 台北信義誠品

By Taiwan Alliance to End the Death Penalty / Murder Victims' Families for Human Rights / YouTube, on 1 January 2011


Working with...

en
More details See the document

這部短片是2010年美國被害人團體來台的報導(很抱歉,晚了一年才整理出來),今年,MVFHR將再度來台,並且也邀請日本的被害人團體一起在台灣巡迴演講「夜照亮了夜­:身為被害人」(http://www.taedp.org.tw/index.php?load=read&id=964)

Document(s)

Ghosts of Executions Past: A Case Study of Executions in South Carolina in the Pre-Furman Era

By John H. Blume, Samuel F. Leibowitz, on 1 September 2022


2022

Academic report

Cruel, Inhuman and Degrading Treatment and Punishment

United States


More details See the document

The protracted and (somewhat) ongoing debate over whether lethal injection—in some or all of its forms—is cruel and unusual punishment under the Eighth Amendment is the newest variation on the question of whether a particular form of capital punishment is inhumane and cruel. The history of capital punishment in the United States over the last two centuries has been punctuated by attempts to find less painful and gruesome ways to kill persons society has condemned to die. Ironically, at least from a historical perspective, some recent executions have seen condemned inmates or their attorneys elect some of the older methods, i.e., electrocution, or offer, as a potentially less painful alternative, the firing squad or death by lethal gas. And some states, including the main subject of this article, have resurrected electrocution and the firing squad because of a claimed inability or difficulty in obtaining execution drugs. In this article, the authors trace the history of execution methods in the pre-modern era of capital punishment (before 1972), primarily in South Carolina, pointing out the often-intractable problems with their implementation process (including specific “botches”), and then address other aspects of executions that have relevance to the current debate about the wisdom and efficacy of retaining the “modern” American death penalty in the twenty-first century.

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

Document(s)

Seven Winters in Teheran

By Steffi Niederzoll, on 24 March 2023


2023

Multimedia content

Gender

Iran (Islamic Republic of)

Women

fr
More details See the document

In the summer of 2007, an older man approaches Reyhaneh Jabbari and asks the architecture student who has a side job as an interior decorator for her help in the design of offices. During the site inspection, he tries to rape her. Reyhaneh stabs him in self-defence. She is arrested for murder and sentenced to death. Reyhaneh was to spend the next seven years in prison while her family hired lawyers and made the public aware of the case. However, in spite of the efforts of national and international politicians and human rights organisations, the Iranian judiciary continued to cite the “right of blood-revenge”. This meant that, as long as Reyhaneh did not withdraw her accusations against the man, his family could demand her death. Reyhaneh stuck to her testimony and was hanged at the age of 26.
In her moving and shockingly topical documentary debut, director Steffi Niederzoll uses among other things original audio and visual material that was smuggled out of Iran. This film, in which Holy Spider actor Zar Amir Ebrahimi lends Reyhaneh her voice, makes visible the injustice in Iranian society and portrays an involuntary heroine who gave her life in the fight for women’s rights.

  • Document type Multimedia content
  • Countries list Iran (Islamic Republic of)
  • Themes list Gender / Women
  • Available languages Sept hivers à Téhéran

Document(s)

Kit Cities for Life – 2016

By Community of Saint Egidio, on 8 September 2020


2020

Academic report

fres
More details Download [ pdf - 344 Ko ]

The International DayCities for Life – Cities against the DeathPenalty, is the largest international mobilization ofthe abolitionist movement.Its objective is to establish a dialogue within thecivil society on the topic and involve localadministrators, aiming at abolishing the deathpenalty and making the rejection of violence thetrue identity of a city and its citizens.

Document(s)

Somebody’s Child: Amid the Lingering Trauma of Trump’s Executions, a New Project Brings Families to Federal Death Row

By The Intercept, on 15 February 2024


2024

Article

United States


More details See the document

Published on February 11, 2024.

In 2002, Ra’id was arrested alongside several other suspects following a botched bank robbery that left two people dead and another paralyzed. His co-defendants pointed to him as the mastermind, which Ra’id adamantly denied. “I did not take part in that atrocity,” he told the court following his trial. “I did not shoot and kill anyone.”

Newson attended his father’s sentencing hearing, along with his mother, Jeannie Gipson-Newson. A death sentence would be “devastating to my child,” she remembered testifying. But it felt futile. The jurors seemed to have made up their minds. In 2004, Ra’id was sentenced to die.

  • Document type Article
  • Countries list United States

Document(s)

Making the Media Work for You

By European Journalism Centre, on 1 January 2015


2015

Arguments against the death penalty


More details See the document
  • Document type Arguments against the death penalty
  • Themes list Public opinion, Networks, Member organizations,

Document(s)

Innocence Case: Matt Ruskin

By Death Penalty Focus, on 1 January 2017


2017

Multimedia content

United States


More details See the document
  • Document type Multimedia content
  • Countries list United States

Document(s)

Responsible Business Engagement on the Death Penalty. A Practical Guide

By Responsible Business Initiative on the Death Penalty, on 1 January 2019


2019

Working with...

fr
More details See the document

Business engagement in the death penalty is critical because of the impact it can have. Putsimply: the power is in your hands. If your business is looking for a human rights issue whereit can achieve measurable change, advocacy on the death penalty must be considered.Global support for the death penalty is declining. Meanwhile, competition for investment isfierce. Governments and the public at large care more about job creation and a healthy economythan a system of executions. Therefore, the voices of businesses and business leaders havea huge role to play in shaping public dialogue about whether to keep – or end – the use ofcapital punishment.

Document(s)

Death in the time of Covid-19: Efforts to restore the death penalty in the Philippines

By Jose M.Jose and Maria Corazon A.De Ungria, on 10 August 2021


2021

Academic report

Drug Offenses

Philippines


More details See the document

The Philippine Congress recently passed a bill amending the Dangerous Drugs Act of 2002 and reimposing the penalty of life imprisonment to death for specific-drug related offenses. House Bill No. 7814 also allows the presumption of guilt in certain drug-related crimes unless otherwise proven, thereby overturning the long-standing constitutional presumption of innocence.

The bill has been sent to the Senate for its concurrence and could only be several steps away before being signed into law by President Rodrigo R. Duterte. This paper discusses the ramifications of the new bill and the questioned timeliness of its passage when the country continues to have a large and overcrowded prison population and a significant number of deaths due to SARS-CoV-2 in Southeast Asia.

The government’s lapses in following the 2021 national vaccination plan became apparent in the 31 March 2021 assessment made by the congressional health panel on the government’s response to the pandemic.

From the authors’ perspective, the urgency of using the country’s limited resources to help medical frontliners and local government units prevent further infections and save lives should have outweighed the efforts exerted to pass a law that legalized the death penalty for the third time in the Philippines.

  • Document type Academic report
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

The politics of capital punishment for foreign nationals in Iran

By Death Penalty Research Unit (DPRU), University of Oxford, on 5 February 2024


2024

Academic Article

Iran (Islamic Republic of)


More details See the document

Published in December 2023.

This paper seeks to map the political economy of capital punishment in Iran, in particular in relation to dual and foreign nationals, and examines its external and internal functions. The external functions include suppressing the ‘cultural threat’ of cross-border drug trafficking, achieving more power in sanctions negotiations, seeking reciprocal prisoner swaps or demanding recompense for outstanding multinational debt. The internal functions include quashing protests against the regime, supressing separatist movements, or even just ‘otherness’. It is evident that those facing disadvantage across foreign national and intersectional lines face the death penalty disproportionately. In addition, although only representing a fraction of the overall population of death row, the arbitrary detention of dual nationals has a disproportionate political function.

  • Document type Academic Article
  • Countries list Iran (Islamic Republic of)

Document(s)

Detailed Factsheet

By World coalition against the death penalty , on 10 October 2011


2011

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 201 Ko ]

Detailed Factsheet 2019

Document(s)

Death penalty – Beyond abolition

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


2020

Book

France

fr
More details See the document

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

Document(s)

The Death Penalty Is Dead Wrong: Jus Cogens Norms and the Evolving Standard of Decency

By Geoffrey Sawyer / Penn State International Law Review, on 1 January 2004


2004

Article

Nigeria


More details See the document

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

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

Document(s)

10 Steps to Writing a UPR Stakeholder Report

By The Advocates for Human Rights, on 1 January 2014


2014

Working with...


More details See the document

This four-page document proposes a roadmap for organisations interested in submitting reports to the United Nations’ Universal Periodic Review of Human Rights.

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

Document(s)

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

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


2020

Article

Republic of Korea


More details See the document

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

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

Document(s)

China Executed 2,400 People in 2013, Dui Hua

By Dui Hua Human Rights Journal, on 1 January 2014


2014

Article

China


More details See the document

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

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

Document(s)

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

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


2006

Article

United States


More details See the document

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

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

Document(s)

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

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


Article

United States


More details See the document

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

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

Document(s)

Retribution and Redemption in the Operation of Executive Clemency

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


2000

Article

United States


More details See the document

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

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

Document(s)

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

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


2021

World Coalition


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

Document(s)

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

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


2001

Article


More details See the document

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

  • Document type Article
  • Themes list Mandatory Death Penalty,

Document(s)

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

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


2008

Article


More details See the document

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

  • Document type Article
  • Themes list Death Row Phenomenon,

Document(s)

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

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


2004

Article

United States


More details See the document

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

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

Document(s)

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

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


Article

United States


More details See the document

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

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

Document(s)

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

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


2001

Article

United States


More details See the document

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

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

Document(s)

The Failed Failsafe: The Politics of Executive Clemency

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


2003

Article

United States


More details See the document

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

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

Document(s)

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

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


2004

Article

United States


More details See the document

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

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

Document(s)

No Human Way to Kill

By Robert Priseman / Artfractures, on 1 January 2009


2009

Working with...


More details See the document

‘No Human Way to Kill’ comprises an exhibition of twelve etchings produced by the Goldmark Atelier in 2007 and a 102 page book published by Seabrook Press in association with the Human Rights Centre at the Universtiy of Essex in 2009. The etchings were first displayed at the University of San Francisco in 2008 and the European Commission Gallery in 2009.

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

Document(s)

Crossing the River Styx, The Memoir of a Death Row Chaplain

By Russ Ford. Charles Peppers. Todd C. Peppers, on 24 March 2023


2023

Book

Death Row Conditions 

United States


More details See the document

The Reverend Russ Ford, who served as the head chaplain on Virginia’s death row for eighteen years, raged against the inequities of the death penalty—now outlawed in Virginia—while ministering to the men condemned to die in the 1980s and 1990s. Ford stood watch with twenty-eight men, sitting with them in the squalid death house during the final days and hours of their lives. In July 1990 he accidentally almost became the 245th person killed by Virginia’s electric chair as he comforted Ricky Boggs in his last moments, a vivid episode that opens this haunting book. Many chaplains get to know the condemned men only in these final moments. Ford, however, spent years working with the men of Virginia’s death row, forging close bonds with the condemned and developing a nuanced understanding of their crimes, their early struggles, and their challenges behind bars. His unusual ministry makes this memoir a unique and compelling read, a moving and unflinching portrait of Virginia’s death row inmates. Revealing the cruelties of the state-sanctioned violence that has until recently prevailed in our backyard, Crossing the River Styx serves as a cautionary tale for those who still support capital punishment.

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

Document(s)

Closing the Slaughterhouse

By Dale M Brumfield, on 8 December 2022


2022

Book

United States


More details See the document

On July 1, 2021, Virginia ended a 413-year tradition by abolishing the death penalty.
Many of those convicted from 1608 to 2017 deserved harsh punishment – but Virginia took harsh to a whole new level with its “finality over fairness” philosophy. Four hundred years of her racist, mob-driven capital punishment system ensnared many innocent and undeserving victims under the toxic guises of protecting white citizens or being “tough on crime.” So many of those killed by the state died with their guilt or innocence lost to history.
Virginia leads the nation with 1,390 executions. After a 1976 Supreme Court decision, Virginia institutionalized and streamlined the parade to the death chamber more efficiently than any other state, executing between 1976 and 2017 a breathtaking 73 percent of all who received death sentences. The national average is 16 percent.

  • Document type Book
  • Countries list United States

Document(s)

Capital Punishment: New Perspectives

By Peter Hodgkinson / Ashgate Publishing, on 1 January 2013


2013

Book


More details See the document

The authors argue that capital litigators should use their skills challenging the abuses not just of process, but of the conditions in which the condemned await their fate, namely prison conditions, education, leisure, visits, medical services, etc. In the aftermath of successful constitutional challenges it is the beneficiaries (arguably those who are considered successes, having been ‘saved’ from the death penalty and now serving living death penalties of one sort or another) who are suffering the cruel and inhumane alternative.Part I of the book offers a selection of diverse, nuanced examinations of death penalty phenomena, scrutinizing complexities frequently omitted from the narrative of academics and activists. It offers a challenging and comprehensive analysis of issues critical to the abolition debate. Part II offers examinations of countries usually absent from academic analysis to provide an understanding of the status of the debate locally, with opportunities for wider application.

  • Document type Book

Document(s)

Hindi : 17 भारतीयों की अपील पर यूएई करे निष्पक्ष जांच: एमनेस्टी

By BBC, on 8 September 2020


2020

Academic report

India


More details See the document

युक्त अरब अमीरात में एक पाकिस्तानी नागरिक की हत्या के लिए मौत की सज़ा पाने वाले 17 भारतीयों के मामले में मानवाधिकार संस्था एमनेस्टी इंटरनेशन ने यूएई की कड़ी आलोचना की है. एमनेस्टी ने भारतीयों को कथित तौर पर ‘प्रताड़ित किए जाने और ज़बरदस्ती उनसे अपराध मनवाने’ के बारे में यूएई की आलोचना की है.

  • Document type Academic report
  • Countries list India
  • Themes list Networks,

Document(s)

Capital Punishment A Hazard to a Sustainable Criminal Justice System?

By Ashgate Publishing / Lill Scherdin, on 8 September 2020


Book


More details See the document

This book questions whether the death penalty in and of itself is a hazard to a sustainable development of criminal justice. As most jurisdictions move away from the death penalty, some remain strongly committed to it, while others hold on to it but use it sparingly. This volume seeks to understand why, by examining the death penalty’s relationship to state governance in the past and present. It also examines how international, transnational and national forces intersect in order to understand the possibilities of future death penalty abolition.The chapters cover the USA – the only western democracy that still uses the death penalty – and Asia – the site of some 90 per cent of all executions. Also included are discussions of the death penalty in Islam and its practice in selected Muslim majority countries. There is also a comparative chapter departing from the response to the mass killings in Norway in 2011. Leading experts in law, criminology and human rights combine theory and empirical research to further our understanding of the relationships between ways of governance, the role of leadership and the death penalty practices.

  • Document type Book
  • Themes list Due Process , International law, Trend Towards Abolition,

Document(s)

The International Library of Essays on Capital Punishment, Volume 3 : Policy and Governance

By Peter Hodgkinson / Ashgate Publishing, on 8 September 2020


Book


More details See the document

This volume provides analyses of a range of subjects and issues in the death penalty debate, from medicine to the media. The essays address in particular the personal complexities of those involved, a fundamental part of the subject usually overridden by the theoretical and legal aspects of the debate. The unique personal vantage offered by this volume makes it essential reading for anyone interested in going beyond the removed theoretical understanding of the death penalty, to better comprehending its fundamental humanity. Additionally, the international range of the analysis, enabling disaggregation of country specific motivations, ensures the complexities of the death penalty are also considered from a global perspective.

  • Document type Book
  • Themes list Death Penalty,

Document(s)

Deterrence and the Death Penalty

By John V. Pepper / Daniel S. Nagin / Committee on Deterrence and the Death Penalty / Committee on Law and Justice / Division on Behavioral and Social Sciences and Education / National Research Council , on 1 January 2012


2012

Book


More details See the document

Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious.

  • Document type Book
  • Themes list Deterrence ,

Document(s)

The International Library of Essays on Capital Punishment, Volume 2 : Abolition and Alternatives to Capital Punishment

By Peter Hodgkinson / Ashgate Publishing, on 8 September 2020


2020

Book


More details See the document

The essays selected for this volume develop conventional abolition discourse and explore the conceptual framework through which abolition is understood and posited. Of particular interest is the attention given to an integral but often forgotten element of the abolition debate: alternatives to capital punishment. The volume also provides an account of strategies employed by the abolition community which challenges tired methodologies and offers a level of transparency previously unseen. This collection tackles complex but fundamental components of the capital punishment debate using empirical data and expert observations and is essential reading for those wishing to comprehend the fundamental issues which underpin capital punishment discourse.

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

Document(s)

The International Library of Essays on Capital Punishment, Volume 1 : Justice and Legal Issues

By Peter Hodgkinson / Ashgate Publishing, on 8 September 2020


Book


More details See the document

This volume provides up-to-date and nuanced analysis across a wide spectrum of capital punishment issues. The essays move beyond the conventional legal approach and propose fresh perspectives, including a unique critique of the abolition sector. Written by a range of leading experts with diverse geographical, methodological and conceptual approaches, the essays in this volume challenge received wisdom and embrace a holistic understanding of capital punishment based on practical experience and empirical data. This collection is indispensable reading for anyone seeking a comprehensive and detailed understanding of the complexity of the death penalty discourse.

  • Document type Book
  • Themes list Death Penalty,

Document(s)

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

By Carolyn Hoyle and Lucrezia Rizzelli, on 24 January 2023


2023

Book

Kenya


More details See the document

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

  • Document type Book
  • Countries list Kenya

Document(s)

SUMMARY OF THE MOST IMPORTANT FACTS OF 2002

By HANDS OFF CAIN, on 1 January 2003


2003

NGO report

en
More details See the document

The worldwide situation to date: The practice of the death penalty has drastically diminished in the past few years. Today the countries or territories that have abolished it or decline to apply it number 130. Of these: 78 are totally abolitionist; 14 are abolitionist for ordinary crimes; 2 are committed to abolition as members of the Council of Europe and in the meanwhile observe a moratorium; 6 countries are currently observing a moratorium and 30 are de facto abolitionist, not having executed any death sentences in the past ten years.

Document(s)

Peculiar Institution: America’s Death Penalty in an Age of Abolition

By David Garland / Belknap Press of Harvard University Press, on 8 September 2020


2020

Book

United States


More details See the document

This book offers a fresh perspective on why the death penalty endures in the United States when so many other countries in the Western world have already abolished it. The book seeks to understand the persistence of the death penalty in the U.S. as a social fact, using sociological, historical and legal analyses to explain the unique and peculiar manner in which the death penalty is applied. Garland concludes that the death penalty has survived in the United States because it is deeply connected to the fundamentally American institutions of local autonomy and popular democracy.

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

Document(s)

Death Penalty: The Political Foundations of the Global Trend Towards Abolition

By Eric Neumayer / Human Rights Review, on 1 January 2008


2008

Article


More details See the document

The death penalty is like no other punishment. Its continued existence in many countries of the world creates political tensions within these countries and between governments of retentionist and abolitionist countries. After the Second World War, more and more countries have abolished the death penalty. This article argues that the major determinants of this global trend towards abolition are political, a claim which receives support in a quantitative cross-national analysis from 1950 to 2002. Democracy, democratisation, international political pressure on retentionist countries and peer group effects in relatively abolitionist regions all raise the likelihood of abolition. There is also a partisan effect, as abolition becomes more likely if the chief executive’s party is left wing-oriented. Cultural, social and economic determinants receive only limited support. The global trend towards abolition will go on if democracy continues to spread around the world and abolitionist countries stand by their commitment to press for abolition all over the world.

  • Document type Article
  • Themes list Trend Towards Abolition,

Document(s)

THE MOST IMPORTANT FACTS OF 2001

By HANDS OFF CAIN, on 1 January 2002


2002

NGO report

en
More details See the document

The year 2001 has confirmed the accelerated trend towards the abolition of the death penalty on course for the past ten years. In 2001 the Federal Republic of Yugoslavia became totally abolitionist, Chile abolished the death penalty for ordinary crimes, Ireland removed all references to the death penalty from its constitution, Burkina Faso joined the group of de facto abolitionists not having carried out any executions for more than ten years, and Lebanon has imposed a moratorium on executions.

Document(s)

COMPETENT CAPITAL REPRESENTATION: THE NECESSITY OF KNOWING AND HEEDING WHAT JURORS TELL US ABOUT MITIGATION

By John H. Blume / Sheri Lynn Johnson / Scott E. Sundby / Hofstra Law Review, on 1 January 2008


2008

Article

United States


More details See the document

While there are antecedent factual determinations jurors must make, including the existence of a statutory aggravating circumstance, the final decision the jurors must make is not factual in nature. As the courts have noted, this is an “awesome responsibility,” and the jury must make a “reasoned moral” decision whether life imprisonment without the possibility of parole or the death penalty is the appropriate punishment.

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

Document(s)

Viêt Namese : Liệu Hình phạt Tử hình Có Tác dụng Ngăn chặn Tội phạm Giết người ở Nhật Bản?

By David T. Johnson / Asian Law Centre, on 8 September 2020


2020

Multimedia content

Japan


More details See the document

Không giống như ở Mỹ, nơi tràn ngập các nghiên cứu về tử hình và tác dụng răn đe của hình phạt này, có rất ít nghiên cứu về hình phạt tử hình và tác dụng răn đe của nó ở Nhật Bản. Mặc dù vậy, người dân và các quan chức nước này vẫn đưa ra những nhậnđịnh đầy tự tin đối với chủ đề này. Trên thực tế, tác dụng răn đe được xem là “điểm tranh cãi chủ chốt giữa các lập luận ủng hộ và phản đối” hình phạt tử hình ở Nhật Bản. Khó khăn trong việc thu thập các số liệu chuẩn mực về tội phạm từ Chính phủ Nhật Bản đã khiến cho việc tiến hành một nghiên cứu nghiêm túc về đề tài này gần như là bất khả thi. Bài viết này sử dụng các số liệu thống kê hàng tháng về tội phạm giết người và tộiphạm giết người cướp mà trước không thể tiếp cận được để xem xét liệu việc tuyên và thực thi án tử hình ở Nhật Bản có tác dụng ngăn chặn những tội phạm kể trên trong giai đoạn từ năm 1990 đến 2010 hay không. Và phát hiện chính của nghiên cứu này là hình phạt tử hình không có tác dụng răn đe tội phạm giết người và tội phạm cướp của giết người trong giai đoạn nói trên. Cần phải có thêm nghiên cứu về đề tài này, tuy nhiên, tại thời điểm hiện tại Chính phủ Nhật Bản không có bất cứ căn cứ chắc chắn nào để tiếp tục khẳng định nước này cần duy trì hình phạt tử hình vì hình phạt này giúp ngăn chặn tội phạm có tính đặc biệt nghiêm trọng.

  • Document type Multimedia content
  • Countries list Japan

Document(s)

Towards the abolition of the death penalty in Lebanon

By LACR / National Campaign for the Abolition of Death Penalty in Lebanon, on 1 January 2009


2009

Campaigning


More details See the document

Educational booklet compiling testimonies, arguments, legal and historical facts about the path towards abolition in Lebanon.

  • Document type Campaigning
  • Themes list Public opinion, Public debate, Trend Towards Abolition,

Document(s)

Does the Death Penalty Deter Homicide in Japan?

By David T. Johnson / Asian Law Centre, on 1 January 2017


2017

Multimedia content

Japan


More details See the document

Unlike the United States, where death penalty and deterrence studies are legion, there has been little research about the death penalty and deterrence in Japan, though the paucity of studies has not discouraged citizens and officials from making confident claims about this issue. Indeed, deterrence has been called “the core of argumentation for and against” the death penalty in Japan. Serious research on this subject has beenall but impossible because of difficulties obtaining decent crime data from the Japanese government. This paper uses monthly homicide and robbery-homicide statistics thatwere previously unavailable to examine whether death sentences and executions in Japan deterred these crimes from 1990 to 2010. The main finding is that the death penalty did not deter homicide or robbery-homicide during this period. More research is needed on this subject, but at present the Japanese government has no sound basis for continuing to claim that the country needs to retain the death penalty because it detersheinous crime.

  • Document type Multimedia content
  • Countries list Japan
  • Themes list Deterrence , Death Penalty,

Document(s)

Annual Report: Death Penalty in Iran 2011

By Iran Human Rights (IHR), on 1 January 2011


2011

NGO report

enfafrfafr
More details See the document

The execution wave that began after the June 2009 post-election protests in Iran continues with high frequency. According to the present report, the execution figure in 2011 is currently the highest since the beginning of 1990’s.

Document(s)

When Justice Fails: Thousands executed in Asia after unfair trials

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


NGO report


More details See the document

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

  • Document type NGO report
  • Themes list Fair Trial,

Document(s)

A BRIEF INTRODUCTION TO THE INDIAN JUDICIAL SYSTEM AND COURT HIERARCHY

By MARY KOZLOVSKI / Asian Law Centre, on 1 January 2019


2019

Multimedia content

India


More details See the document

This paper provides an introduction to the Indian judicial system and court hierarchy, outlining the jurisdiction of constitutional and statutory courts and tribunals and the appointment, tenure and removal of judges. It describes forms of alternative dispute resolution that have emerged in recent decades, partly to combat delays in the court system, and informal dispute resolution bodies that mediate family disputes, such as Sharia courts. The paper concludes by discussing the contentious issues of delay in the court system, public interest litigation, and appointments to the Supreme and High Courts of India.

  • Document type Multimedia content
  • Countries list India

Document(s)

Capital Punishment, 2009 – Statistics Tables

By Bureau of Justice Statistics / US Department of Justice, on 8 September 2020


2020

NGO report

United States


More details See the document

At yearend 2009, 36 states and the Federal Bureau of Prisons held 3,173 inmates under sentence of death, which was 37 fewer inmates than at yearend 2008. This represents the ninth consecutive year that the population has decreased. California, Florida, Texas, and Pennsylvania held half of all inmates on death row as of December 31, 2009. The Federal Bureau of Prisons held 55 inmates.

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

Document(s)

Too Broken to Fix: Part I – An In-depth Look at America’s Outlier Death Penalty Counties

By Fair Punishment Project, on 8 September 2020


NGO report

United States


More details See the document

The trends are clear. In 2015, juries returned the fewest number of new death sentences—49—since the death penalty was reinstated in 1976.Of the 3,143 county or county equivalents in the United States, only 16—or one half of one percent—imposed five or more death sentences between 2010 and 2015.This report takes a close look at how capital punishment operates on the ground in half of these active death-sentencing counties. In this first report, we dig deep into Caddo, Clark, Duval, Harris, Maricopa, Mobile, Kern, and Riverside counties. Our review reveals that these counties frequently share at least three systemic deficiencies: a history of overzealous prosecutions, inadequate defense lawyering, and a pattern of racial bias and exclusion. These structural failings regularly produce two types of unjust outcomes which disproportionately impact people of color: the wrongful conviction of innocent people, and the excessive punishment of persons who are young or suffer from severe mental illnesses, brain damage, trauma, and intellectual disabilities.

  • Document type NGO report
  • Countries list United States
  • Themes list Trend Towards Abolition, Country/Regional profiles,

Document(s)

Restraints on Death Penalty in Europe: A Circular Process

By Stefano Manacorda / Journal of International Criminal Justice, on 1 January 2003


2003

Article


More details See the document

That the European area is a zone free of capital punishment is the result of a complex process of restraints that has evolved over the last 50 years. Domestic, regional and universal international law, as well as certain components within each level, have influenced each other to produce a dynamic, circular movement towards abolition. Starting from the internal level, restraints on the death penalty rose up to the regional and universal levels, and then descended back down into domestic law. This process, however, has not produced a completely closed circle, and certain countries in Europe retain legislation permitting recourse to the death penalty for certain crimes, especially war crimes and, according to recent interpretations, criminal offences related to terrorist activity. Extradition or other administrative mechanisms of expulsion also illustrate potential disjunctions in the circle, as they may allow persons to be transferred to retentionist countries. Even though the legislative framework has significantly evolved in the last few years, the dominant role played by political evaluations creates new fissures in the abolitionist circle. Only recently have new abolitionist perspectives emerged from the ‘right of interference’ in foreign death penalty cases, which some countries try to exercise when their own nationals are involved.

  • Document type Article
  • Themes list Networks,

Document(s)

Indigenous constitutionalism and the death penalty: The case of the Commonwealth Caribbean

By Margaret A. Burnham / International Journal of Constitutional Law, on 1 January 2005


2005

Article

Antigua and Barbuda


More details See the document

The Commonwealth Caribbean remains an obstinate holdout against the international trend limiting use of the death penalty. The death row population in the region per capita is about four times that of the United States. Widely debated in legal circles for a decade, capital punishment jurisprudence will be affected by the creation of the regional appellate court that was launched in April 2005. Modeled after the European Court of Justice, the Caribbean Court of Justice (CCJ) will assume the constitutional jurisdiction currently exercised by the Judicial Committee of the London-based Privy Council. Critics claim the CCJ was created to undo the constraints on the death penalty decreed by the Privy Council and international human rights tribunals, while proponents maintain that the new court completes the region’s assumption of sovereignty. This article situates the debate in the constitutional history of the independence era, the current regionalization movement, and the interplay between international norms and domestic fundamental rights.

  • Document type Article
  • Countries list Antigua and Barbuda

Document(s)

Status of signature and ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

By United Nations, on 1 January 1989


1989

NGO report

frfr
More details See the document

Status of signature ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, including declarations, reservations and objections.

Document(s)

The Pros and Cons of Life Without Parole

By Bent Grover / Catherine Appleton / British Journal of Criminology, on 1 January 2007


2007

Article

United States


More details See the document

The question of how societies should respond to their most serious crimes if not with the death penalty is ‘perhaps the oldest of all the issues raised by the two-century struggle in western civilization to end the death penalty’ ( Bedau, 1990: 481 ). In this article we draw attention to the rapid and extraordinary increase in the use of ‘life imprisonment without parole’ in the United States. We aim to critically assess the main arguments put forward by supporters of whole life imprisonment as a punishment provided by law to replace the death penalty and argue against life-long detention as the ultimate sanction.

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

Document(s)

Educational Curriculum on the Death Penalty Classroom Resource Manual

By Death Penalty Information Center, on 1 January 2003


2003

Campaigning


More details See the document

This web site and its accompanying materials are designed to assist both teachers and students in an exploration of capital punishment, presenting arguments for and against its use, as well as issues of ethics and justice that surround it.

  • Document type Campaigning
  • Themes list Networks,

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)

THE DEATH PENALTY IN 2014: YEAR END REPORT

By Death Penalty Information Center, on 1 January 2014


2014

NGO report


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With 35 executions this year, 2014 marks the fewest people put to death since 1994, according to this report by the Death Penalty Information Center (DPIC). The 72 new death sentences in 2014 is the lowest number in the modern era of the death penalty, dating back to 1974. Executions and sentences have steadily decreased, as Americans have grown more skeptical of capital punishment. The states’ problems with lethal injections also contributed to the drop in executions this year.Death sentences—a more current barometer than executions—have declined by 77% since 1996, when there were 315. There were 79 death sentences last year. This is the fourth year in a row that there have been fewer than 100 death sentences.

  • Document type NGO report
  • Themes list Mental Illness, Innocence, Intellectual Disability, Lethal Injection, Statistics,

Document(s)

Too Broken to Fix: Part II – An In-depth Look at America’s Outlier Death Penalty Counties

By Fair Punishment Project, on 8 September 2020


2020

NGO report

United States


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The trends are clear. In 2015, juries returned the fewest number of new death sentences—49—since the death penalty was reinstated in 1976.Of the 3,143 county or county equivalents in the United States, only 16—or one half of one percent—imposed five or more death sentences between 2010 and 2015.This report takes a close look at how capital punishment operates on the ground in half of these active death-sentencing counties. In Part II, we highlight Dallas (TX), Jefferson(AL), San Bernardino (CA), Los Angeles (CA), Orange (CA), Miami-Dade (FL),Hillsborough (FL), and Pinellas (FL) counties.Our review of these counties, like the places profiled in Part I, reveals thatthese counties frequently share at least three systemic deficiencies: a history ofoverzealous prosecutions, inadequate defense lawyering, and a pattern of racialbias and exclusion. These structural failings regularly produce two types of unjustoutcomes which disproportionately impact people of color: the wrongful convictionof innocent people, and the excessive punishment of persons who are young or sufferfrom severe mental illnesses, brain damage, trauma, and intellectual disabilities.

  • Document type NGO report
  • Countries list United States
  • Themes list Trend Towards Abolition, Country/Regional profiles,

Document(s)

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

By United Nations, on 1 January 2011


2011

International law - United Nations

ruzh-hantes
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The present report contains information covering the period from July 2010 to June 2011, and draws attention to a number of phenomena, including the continuing trend towards abolition, the ongoing difficulties in gaining access to reliable information on executions, and various international efforts towards the universal abolition of the death penalty.

Document(s)

Texas Death Penalty Developments in 2019: The Year in Review

By Texas Coalition to Abolish the Death Penalty / Kristin Houlé / Grace Rudser, on 1 January 2019


2019

NGO report


More details See the document

The Texas Coalition to Abolish the Death Penalty (TCADP) – a statewide advocacy organization based in Austin, Texas – publishes this annual report to inform the public and elected officials about issues associated with the death penalty over the past year. The report includes illustrative charts and graphs, and cites the death penalty developments in Texas (USA).

  • Document type NGO report
  • Themes list Death Penalty,

Document(s)

Enduring Injustice. The Peristence of Racial Discrimination in the U.S. Death Penalty

By Death Penalty Information Center / Ngozi Ndulue, on 1 January 2020


2020

NGO report

United States


More details See the document
  • Document type NGO report
  • Countries list United States

Document(s)

The Decline of the Judicial Override

By Ben Cohen / Michael L. Radelet / Annual Review of Law and Social Science, on 1 January 2019


2019

Academic report


More details See the document

This article discusses the role of judges in death determinations, identifying jurisdictions that initially (post-1972) allowed judge sentencing and naming the individuals who today remain under judge-imposed death sentences. The decisions guaranteeing a jury determination have so far been applied only to cases that have not undergone initial review in state courts. Key questions remain unresolved, including whether the evolving standards of decency permit the execution of more than 100 individuals who were condemned to death by judges without a jury’s death verdict before implementation of the rules that now require unanimous jury votes.

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

Document(s)

Malawian Traditional Leaders’ Perspectives on Capital Punishment

By Cornell Law School / Malawi’s Paralegal Advisory Services Institute (PASI), on 1 January 2018


2018

NGO report


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On 18 April 2018, the Cornell Center on the Death Penalty Worldwide and Malawi’s Paralegal Advisory Services Institute (PASI) released their report on “Malawian Traditional Leaders’ Perspectives on Capital Punishment” before a group of public officials and stakeholders in Lilongwe.The report analyses data from surveys of 102 traditional leaders in villages across Malawi. Clifford Msiska, the National Director of PASI, informed an audience in Lilongwe that over ninety percent of traditional leaders surveyed did not support the use of the death penalty to punish individuals convicted of murder. Only six traditional leaders stated that death was the appropriate penalty for murder. The rest preferred a term of years, life imprisonment with opportunity for early release, or (least frequently of all) life imprisonment with no opportunity for release.

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

Document(s)

General comment No. 36 on article 6 of the International Covenant on Civil and Political Rights, on the right to life

By Office of the High Commissioner for Human Rights (OHCHR) , on 1 January 2018


United Nations report


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General comment No. 36 on article 6 of the International Covenant on Civil and Political Rights, on the right to life.

  • Document type United Nations report
  • Themes list International law, Right to life, Death Penalty,

Document(s)

Moving away from the death penalty

By Office of the High Commissioner for Human Rights (OHCHR) , on 1 January 2015


2015

International law - United Nations


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The present publication provides an extensive review of global trends in death penalty matters, a summary of the applicable international legal standards, and the current status of legislative reform related to the death penalty in South-East Asia. As a product of the OHCHR Regional Office for South-East Asia, this publication is intended to be a resource for further discussions in the region toward the abolition of the death penalty.

  • Document type International law - United Nations
  • Themes list Trend Towards Abolition,

Document(s)

The Role of Race in Washington State Capital Sentencing, 1981-2014

By Katherine Beckett / University of Washington, on 1 January 2014


2014

Academic report


More details See the document

This report assesses whether race influences the administration of capital punishment in Washington State, and if so, where in the process it matters.

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

Document(s)

Juan Melendez-6446

By Comision de Derechos Civiles / Luis Rosario Albert, on 1 January 2014


Working with...


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This educational guide accompany the documentary Juan Melendez 6446.

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

Document(s)

Nobody To Talk To: Barriers to Mental Health Treatment for Family Members of Individuals Sentenced to Death and Executed

By Texas After Violence Project, on 1 January 2019


2019

NGO report


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Four decades after the reinstatement of the death penalty in the United States, the harmful impact of death sentences and executions on persons other than the individual offender is still not widely recognized – not even among mental health professionals who specialize in responding to individual and community needs in the aftermath of traumatic events.

  • Document type NGO report
  • Themes list Mental Illness, Murder Victims' Families,

Document(s)

Cameroun: NGO Report on the Implementation of the ICCPR

By Gender Empowerment and Development / Association de Lutte contre les Violences faites aux Femmes / Centre for Civil and Political Rights / Solidarité Pour la Promotion des Droits de l’Homme et des Peuples / Association pour la défense de l’homosexualité / Syndicat National des Journalistes du Cameroun, on 1 January 2010


2010

NGO report

fr
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Cameroon, with a population of approximately 18 million, has a multiparty system of government, with the current ruling party Cameroon People’s Democratic Movement (CPDM) in power since it was created in 1985. The president retains the power to control legislation or to rule by decree. Although the civilian authorities do generally maintain effective control of the security forces, security forces sometimes act independently of government authority. Authorities arbitrarily arrest and detain citizens for different reasons. Among those arbitrarily arrested and detained are human rights defenders and other activists and persons not carrying government-issued identity cards. There are incidents of prolonged and sometimes incommunicado pretrial detention and infringement on privacy rights. The government restricts freedom of speech, press, assembly, and association, and harasses journalists and human rights defenders. Other problems include widespread official corruption, societal violence, discrimination against women, the trafficking of children and girls, and discrimination against homosexuals. The government restricts worker rights and activities of independent labor organizations. The diverse cultural beliefs and ethnic groups promote to a large extend discrimination against and violations of women and young people, widows and the divorced. This report specifically highlights violations in 2008 and 2009, with a few violations in other years.

Document(s)

Position Paper: Death Penalty under the Palestinian National Authority

By Palestinian Centre for Human Rights, on 1 January 2010


NGO report


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This paper describes the international law surrounding the trend towards abolition. It then discusses this in relation to the death penalty in Palestine which has come under criticism from Human Rights NGO’s to provide prisoners with international standards regarding their detention and providing a fair trial.

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

Document(s)

Indonesian : Praktek Hukuman Mati Di Indonesia

By Kontras, on 8 September 2020


2020

NGO report

Indonesia


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

  • Document type NGO report
  • Countries list Indonesia

Document(s)

The European Parliament 2004-2009 and European Civil Society: A Guide for Partnership

By European Union, on 1 January 2010


2010

Working with...

enfr
More details See the document

The handbook is intended to introduce you to the rights and value based NGO sectors in the EU and helps you to navigate your way around Civil Society. Part I gives a general overview of the context of dialogue between the EU institutions and NGOs – as it has been established over the last 20 years – and how NGOs would like civil dialogue to develop in the context of the new Constitution. In Part II you will find an overview of the policy areas that each of the 6 sectors will work on during the EP period 2004-2009. This is intended to help you identify the areas of expertise European NGOs can offer for your specific work in the EP. The values and objectives of the EU Civil Society Contact Group from Part III and the annex contain a comprehensive contact list for European NGOs within the 6 sectors.

Document(s)

The Death Penalty in Alabama: Judge Override

By Equal Justice Initiative, on 1 January 2011


2011

NGO report


More details See the document

In Alabama, elected trial judges can override jury verdicts of life and impose death sentences. Although judges have authority to override life or death verdicts, in 92% of overrides elected judges have overruled jury verdicts of life to impose the death penalty.

  • Document type NGO report
  • Themes list Fair Trial, Arbitrariness, Sentencing Alternatives,

Document(s)

The Report of the Oklahoma Death Penalty Review Commission

By The Constitution Project, on 1 January 2016


2016

NGO report


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The Oklahoma Death Penalty Review Commission (Commission) came together shortly after the state of Oklahoma imposed a moratorium on the execution of condemned inmates. In late 2015, Oklahoma executions were put on hold while a grand jury investigated disturbing problems involving recent executions, including departures from the execution protocols of the Department of Corrections. The report of the grand jury, released in May of 2016, was highly critical and exposed a number of deeply troubling failures in the final stages of Oklahoma’s death penalty

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

Document(s)

Whom the State Kills

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


2020

Article

United States


More details See the document

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)

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

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


2019

NGO report


More details See the document

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

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