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Document(s)

Forensic Mental Health: Assessments in Death Penalty Cases

By Oxford University Press / David DeMatteo / Daniel C. Murrie / Natalie M. Anumba / Michael E. Keesler, on 1 January 2011


2011

Book

United States


More details See the document

Forensic mental health assessments in death penalty cases are on the rise due in part to the continuing growth of forensic psychology and psychiatry as professions, combined with several recent U.S. Supreme Court decisions. Forensic mental health professionals are now conducting assessments at every stage of death penalty proceedings, ranging from pre-trial evaluations to determine eligibility for the death penalty to evaluations conducted post-sentencing and closer to the date of execution.

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

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)

The Death Penalty in the United States: An International Human Rights Perspective

By Anthony N. Bishop / Texas Law Review, on 1 January 2002


2002

Article

United States


More details See the document

On December 10, 1998, the fiftieth anniversary of the Universal Declaration of Human Rights, former President William J. Clinton signed Executive Order No. 13107 stating, “It shall be the policy and practice of the Government of the United States, being committed to the protection and promotion of human rights and fundamental freedoms, fully to respect and implement its obligations.

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

Document(s)

Does the Rest of the World Matter? Sovereignty, International Human Rights Law and the American Death Penalty

By Oko Elechi / Eric Lamber / Alan W. Clarke / Queen's Law Journal / Laurie Anne Whitt, on 1 January 2004


2004

Article

United States


More details See the document

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

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

Document(s)

Compliance with ICJ Provisional Measures and the Meaning of Review and Reconsideration Under the Vienna Convention on Consular Relations: Avena and other Mexican Nationals (Mex. v. U.S.)

By Linda E. Carter / Michigan Journal of International Law, on 1 January 2003


2003

Article

Mexico


More details See the document

For the third time in a span of five years, a country has brought suit against the United States in the International Court of Justice (ICJ) for violations of the Vienna Convention on Consular Relations (VCCR) in capital cases. 1 And, for the third time, the ICJ has issued an order of provisional measures. The most recent order indicates that: “the United States shall take all measures necessary to ensure that [three named Mexican defendants] are not executed pending final judgment in these proceedings.” (Avena case)

  • Document type Article
  • Countries list Mexico
  • Themes list Foreign Nationals,

Document(s)

Death Penalty Issues Checklist – Universal Periodic Review Stakeholder Reports

By The Advocates for Human Rights, on 8 September 2020


2020

Academic report


More details See the document

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

  • Document type Academic report
  • Themes list International law,

Document(s)

The ‘Shocking Truth’ About the Electric Chair: An Analysis of the Unconstitutionality of Electrocution

By Dawn Macready / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


More details See the document

Cruel and unusual punishment, as prohibited by the Eighth Amendment of the United States Constitution, encompasses punishment that amounts to torture and barbarity, cruel and degrading punishment not known to the common law, and punishment so disproportionate to the offense as to shock the moral sense of the community. Thus, contained in the Eighth Amendment is a fundamental respect for humanity. For the imposition of a death sentence, the trier is constitutionally mandated to take into account the character and record of the individual offender and the circumstances of the particular offense. What constitutes cruel and unusual punishment?

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

Document(s)

A Tale of Two (and Possibly Three) Atkins: Intellectual Disability and Capital Punishment Twelve Years after The Supreme Court’s Creation of a Categorical Bar

By John H. Blume / Sheri Lynn Johnson / William and Mary Bill of Rights Journal, on 8 September 2020


2020

Article

United States


More details See the document

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

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

Document(s)

Against Capital Punishment: The Anti-Death Penalty Movement in America, 1972-1994

By Oxford University Press / Herbert H. Haines, on 8 September 1999


1999

Book

United States


More details See the document

While most western democracies have renounced the death penalty, capital punishment enjoys vast and growing support in the United States. A significant and vocal minority, however, continues to oppose it. Against Capital Punishment is the first full account of anti-death penalty activism in America during the years since the ten-year moratorium on executions ended.

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

Document(s)

Execution and Invention: Death Penalty Discourse in Early Rabbinic and Christian Cultures

By Oxford University Press / Beth A. Berkowitz, on 1 January 2006


2006

Book


More details See the document

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

  • Document type Book
  • Themes list Religion ,

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)

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

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


2000

Article

United States


More details See the document

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

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

Document(s)

Death Penalty 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)

Confronting Capital Punishment in Asia: Human Rights, Politics and Public Opinion

By Roger Hood / Oxford University Press / Surya Deva, on 1 January 2013


Book


More details See the document

This book shows that the majority of Asian countries have been particularly resistant to the abolitionist movement and tardy in accepting their responsibility to uphold the safeguards. The essays contained in this volume provide an in-depth analysis of changes in the scope and application of the death penalty in Asia with a focus on China, India, Japan, and Singapore. They explain the extent to which these nations still fail to accept capital punishment as a human rights issue, identify impediments to reform, and explore the prospects that Asian countries will eventually embrace the goal of worldwide abolition of capital punishment.

  • Document type Book
  • Themes list Trend Towards Abolition, Death Penalty, Country/Regional profiles,

Document(s)

The Death Penalty: A Worldwide Perspective

By Roger Hood / Oxford University Press, on 1 January 2014


2014

Book


More details See the document

The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns.

  • Document type Book
  • Themes list Trend Towards Abolition,

Document(s)

Imprisoned by the Past: Warren McCleskey and the American Death Penalty

By Jeffrey L. Kirchmeier / Oxford University Press, on 1 January 2015


2015

Book

United States


More details See the document

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

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

Document(s)

The Death Penalty: Should the Judge or the Jury Decide Who Dies?

By John H. Blume / Theodore Eisenberg / Sheri Lynn Johnson / Cornell Law Review / Martin T. Wells / Valerie P. Hans / Amelia Courtney Hritz / Caisa E. Royer, on 1 January 2014


2014

Academic report


More details See the document

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

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

Document(s)

Explaining Death Row’s Population and Racial Composition

By Theodore Eisenberg / John Blume / Journal of Empirical Legal Studies / Martin T. Wells, on 8 September 2020


2020

Article

United States


More details See the document

Twenty-three years of murder and death sentence data show how murder demographics help explain death row populations. Nevada and Oklahoma are the most death-prone states; Texas’s death sentence rate is below the national mean. Accounting for the race of murderers establishes that black representation on death row is lower than black representation in the population of murder offenders. This disproportion results from reluctance to seek or impose death in black defendant-black victim cases, which more than offsets eagerness to seek and impose death in black defendant-white victim cases. Death sentence rates in black defendant-white victim cases far exceed those in either black defendant-black victim cases or white defendant-white victim cases. The disproportion survives because there are many more black defendant-black victim murders, which are underrepresented on death row, than there are black defendant-white victim murders, which are overrepresented on death row.

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

Document(s)

The Unusualness of Capital Punishment

By Louis D. Bilionis / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


More details See the document

The order struck during the regulatory years following Furman v. Georgia and Gregg v. Georgia has been inverted. Executions once were rarities of newsworthy moment; now, they are nearly twice-a-week occurrences that often pass with nary a notice. Skeptical scrutiny of death penalty cases once was the professed and practiced mission of the federal judiciary; now, words like weariness, ennui, and resentment seem better choices to capture the spirit of the federal courts when confronted with complaints from death row. As we will see, the various lines of objection join to form a sophisticated and comprehensive critique.

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

Document(s)

A Summary Report on Public Support for the Death Penalty in Ghana

By University of Cambridge / Peter Atupare Atudiwe, on 1 January 2014


2014

Academic report


More details See the document

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

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

Document(s)

Rewriting History: the Use of Feminist Narrative to Deconstruct the Myth of the Capital Defendant

By Francine Banner / New York University (NYU), on 1 January 2000


2000

Article

United States


More details See the document

In the past thirty years, American attitudes towards those convicted of crimes have followed a devastating progression toward the dehumanization of criminal defendants. The evolution of law and policy has mirrored these changing attitudes. The philosophies behind incarceration have shifted from “facilitat[ing inmates’] productive re-entry back into the free world” to “using imprisonment merely to punish criminal offenders by … “containing’ them behind bars … for as long as possible.” 4 Rather than preventing crime or rehabilitating offenders, incarceration has become a means to satisfy society’s desire for vengeance and retribution. Responding to this push to punish, prosecutors in their haste to obtain a conviction are more likely to stress the heinousness of crimes rather than questioning the circumstances surrounding …

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

Document(s)

Executing the Innocent: the Next Step in the Marshall Hypotheses

By Eric G. Lambert / Alen W. Clarke / New York University (NYU) / Laurie Anne Whitt, on 1 January 2000


Article

United States


More details See the document

The study results indicate that when test subjects, many of whom are likely retributivists, are presented with information about the problem of innocence, the drop in support for capital punishment spans all points on the Likert scale. Our study suggests that more rigorous testing may demonstrate that an individual’s knowledge of the “innocence problem” can generate more profond changes in attitudes toward the death penalty than indicted by previous studies of the marshall Hypotheses.

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

Document(s)

Putting Them There, Keeping Them There, and Killing Them: An Analysis of State-Level Variations in Death Penalty Intensity

By William S. Lofquist / Iowa Law Review, on 1 January 2002


2002

Article

United States


More details See the document

The landscape of the American death penalty is diverse. Though death penalty attitudes show a remarkable and increasing degree of homogeneity by region, race, gender, religion, and other factors, the actual practice of the death penalty varies substantially from region to region, and even from state to state. While these variations are widely recognized, they are not widely studied or understood. The lack of attention paid to the actual practice of the death penalty in different states and regions, the patterns that contribute to its use, and the factors associated with these patterns represents a substantial and troubling gap in our knowledge of an issue as widely studied as the death penalty.

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

Document(s)

Frequency and Predictors of False Conviction: Why We Know So Little, and New Data on Capital Cases

By Barbara O'Brien / Samuel R. Gross / Journal of Empirical Legal Studies, on 1 January 2007


2007

Article

United States


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

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

Document(s)

Tessie Hutchinson and the American System of Capital Punishment

By Earl F. Martin / Maryland Law Review, on 1 January 2000


2000

Article

United States


More details See the document

The story focuses on Tessie Hutchinson, who was selected by the communal lottery for execution; her only sin was to live in a village that had the tradition of stoning one of its inhabitants each year. This paper suggests some ways that the life of America’s death penalty mirrors the art of “The Lottery.” The author comments on the “masking of evil,” the execution of the innocent, the arbitrariness in selecting those who die, the search for justification, and the brutality of the death penalty. In “The Lottery,” the tradition of the stoning was so embedded in tradition and its administration was so formal and precise that the ultimate outcome of the tradition, the killing of a fellow human being, was sanitized and unexamined. In America, the net effect of the bureaucratization of executions is to give those who implement them and those who receive reports of them a sense of sterility and mundaneness that should never accompany the state’s killing of its own. Although proponents of capital punishment in America argue that the chances that an innocent person will be executed are slim, history shows that it has occurred. It was no comfort to Tessie Hutchinson that she was to be the only member of her village to be stoned that year. So it is no comfort to the innocent who are executed that each is only one of a small number of innocent people who have been killed by the state. The arbitrariness of the lottery in selecting who will be executed may not be so obvious in the selection of those who will be killed by the state in America. Still, random and arbitrary circumstances impact who is selected to be executed, circumstances such as the race and wealth of the defendant, the race of the victim, the quality of the defense counsel, the particular trial judge, and the State in which the crime occurs. Although there is no unequivocal evidence that the death penalty achieves some monumentally positive benefit for American society, support for it by the community persists, along with its brutality and cruelty. It is difficult to avoid the conclusion that a “thinly veiled cruelty keeps the custom alive.”

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

Document(s)

Death Row Stories

By CNN, on 1 January 2020


2020

Multimedia content

United States


More details See the document

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

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

Document(s)

Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิต

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


2020

NGO report

enenenenenenenenzh-hant
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Document(s)

Urdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغ

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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

Document(s)

Tagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang Pagbitay

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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

Document(s)

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

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


2011

Academic report


More details See the document

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

  • Document type Academic report
  • Themes list Arbitrariness,

Document(s)

Incendiary: the Willingham case

By Joe Bailey Jr. / Indira Barykbayeva / YOKEL production, on 1 January 2011


Legal Representation


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After its national release in October, “Incendiary: The Willingham Case” is now available on DVD and through Apple’s iTunes Movie Store.The film examines the execution of Cameron Todd Willingham in Texas for the murder of his children by arson and centers around evolving standards of scientific evidence and the notion that an innocent man was executed

  • Document type Legal Representation
  • Themes list Innocence,

Document(s)

Mongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъя

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


2020

NGO report

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

Document(s)

Japanese : 不当に奪われる生命 ~アジアにおける不公正な裁判を止め、 死刑執行の停止を~

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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

Document(s)

Hindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करो

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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

Document(s)

Indonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusi

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

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

Document(s)

Portuguese : UM BREVE DISCURSO SEDICIOSO ACERCA DA PENA DE MORTE

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


Article

Brazil


More details See the document

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

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

Document(s)

The Next Frontier: National Development, Political Change, and the Death Penalty in Asia

By David T. Johnson / Franklin E. Zimring / Oxford University Press, on 1 January 2009


2009

Book

China


More details See the document

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

  • Document type Book
  • Countries list China

Document(s)

By Amnesty International / Anti-Death Penalty Asia Network, on 1 January 2020


2020

NGO report


More details See the document

Энэхүү илтгэлийг боловсруулахдаа хэд хэдэн хэргийг тоймлон бичсэн ба тэдгээр нь цаазын ялыг хэрэгжүүлэхийн бодит аюулыг ил тодорхой харуулж байна.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Chivalry is Not Dead: Murder, Gender, and the Death Penalty

By Naomi R. Shatz / Steven F. Shatz / University of San Francisco, on 1 January 2011


2011

Article

United States


More details See the document

Chivalry – that set of values and code of conduct for the medieval knightly class – has long influenced American law, from Supreme Court decisions to substantive criminal law doctrines and the administration of criminal justice. The chivalrous knight was enjoined to seek honor and defend it through violence and, in a society which enforced strict gender roles, to show gallantry toward “ladies” of the same class, except for the women of the knight’s own household, over whom he exercised complete authority. This article explores, for the first time, whether these chivalric values might explain sentencing outcomes in capital cases. The data for the article comes from our original study of 1299 first degree murder cases in California, whose death penalty scheme accords prosecutors and juries virtually unlimited discretion in making the death-selection decision. We examine sentencing outcomes for three particular types of murder where a “chivalry effect” might be expected – gang murders, rape murders and domestic violence murders. In cases involving single victims, the results were striking. In gang murders, the death sentence rate was less than one-tenth the overall death sentence rate. By contrast, in rape murder cases, the death sentence rate was nine times the overall death sentence rate. The death sentence rate for single-victim domestic violence murders was roughly 25% lower than the overall death sentence rate. We also examined, through this study and earlier California studies, more general data on gender disparities in death sentencing and found substantial gender-of-defendant and gender-of-victim disparities. Women guilty of capital murder are far less likely than men to be sentenced to death, and defendants who kill women are far more likely to be sentenced to death than defendants who kill men. We argue that all of these findings are consistent with chivalric norms, and we conclude that, in the prosecutors’ decisions to seek death and juries’ decisions to impose it, chivalry appears to be alive and well.

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

Document(s)

Towards an Islamic Critique of Capital Punishment

By Robert Postawko / Journal of Islamic and Near Eastern Law, on 1 January 2002


2002

Article

Iran (Islamic Republic of)


More details See the document

In general, Muslim nations recognize the validity of the death penalty, and many frequently impose it. According to Amnesty International, between 1985 and mid-1988, Saudi Arabia executed 140 prisoners for the crimes of murder, robbery with violence, drug smuggling or distribution, and adultery. During the same period, Pakistan executed 115, primarily for the crime of murder. Hundreds every year faced the firing squad in Iraq for murder, desertion, treason, sabotage, and economic corruption. At the same time, the Islamic Republic of Iran executed more than 743 inmates for murder, drug crimes, political offenses, prostitution, adultery and other “moral offenses,” including “being corrupt on earth” and “being at enmity with God.” In face of the widespread acceptance of the death penalty within the Muslim world, this essay explores the contours of an Islamic argument against capital punishment. The argument is not, and cannot be, an appeal for the abolition of the death penalty in all circumstances. It does call into question, however, the legitimacy – indeed, the legality in accordance with the principles of classical Islamic law, or the Shari’ah – of capital punishment as it is practiced in the era of Islamization.

  • Document type Article
  • Countries list Iran (Islamic Republic of)
  • Themes list Religion , Capital offences, Most Serious Crimes,

Document(s)

The Death Penalty in China: Towards the Rule of Law

By Nicola Macbean / Ashgate Publishing, on 1 January 2008


2008

Academic report


More details See the document

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

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

Document(s)

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

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


2020

Article

United States


More details See the document

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

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

Document(s)

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...


More details See the document

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)

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)

Executing The Innocent and Support for Capital Punishment: Implications for Public Policy

By Francis T. Cullen / James D. Unnver / Criminology and Public Policy, on 1 January 2005


2005

Article

United States


More details See the document

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

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

Document(s)

Finality Without Fairness: Why We Are Moving Towards Moratoria on Executions, and the potential Abolition of Capital Punishment

By Ronald J. Tabak / Connecticut Law Review, on 1 January 2001


2001

Article

United States


More details See the document

In the past several years, there has been a marked change in the climate with regard to public discourse about the death penalty in the United States. This is partly due to advances in DNA technology. This Article, in Part II, will address the impact that DNA testing has had on public discourse on capital punishment. In Part III, it will discuss the overall context in which public discourse has changed, and its likely impact on judges, prosecutors and governors dealing with capital cases. Finally, in Part IV, it will consider the broader implications of this change in climate, in leading to a moratorium on executions in Illinois, consideration of moratoria elsewhere, and potentially to abolition of capital punishment in this country.

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

Document(s)

Emerging Issues in Juvenile Death Penalty Law

By Victor L. Streib / Ohio Northern University Law Review, on 1 January 2000


2000

Article

United States


More details See the document

As our society’s enduring marriage to the death penalty prepares to enter yet another century, it is a marriage that places the children in danger. Why is it that we continue to impose the death penalty for crimes committed by juvenile offenders? As questionable as the death penalty is in general, might we not at least place an “adults only” label on it? The rest of the world has already done so. Only in America need children fear execution by their own government.

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

Document(s)

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

By Project 39A, on 1 January 2019


2019

Academic report


More details See the document

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

  • Document type Academic report
  • Themes list Death Penalty,

Document(s)

Peter Jackson talks about his innocence project: ‘West of Memphis’

By Chris Nashawaty / Entertainment Weekly, on 8 September 2020


2020

Academic report

United States


More details See the document

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

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

Document(s)

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

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


2011

Academic report

enenenenenenzh-hant
More details See the document

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)

Executing the Insane: The Story of Scott Panetti

By The Texas Defender Service / Google videos, on 1 January 2007


2007

Legal Representation


More details See the document

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

  • Document type Legal Representation
  • Themes list Networks,

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)

Amnesty International Death Penalty Awareness Weeks guide

By Amnesty International, on 1 January 2012


2012

Campaigning


More details See the document

This is a guide for preparing events against the death penalty. It includes a “How to” guide for holding different types of events. It also provides a short factsheet on death penalty information in the United States.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Minority Practice, Majority’s Burden: The Death Penalty Today

By James S. Liebman / Peter Clarke / Columbia School of Law, on 1 January 2011


2011

Article

United States


More details See the document

This article explores how, capital punishment in the United States is a minority practice. This feature of American capital punishment has become more pronounced recently, and is especially clear when death sentences, which are merely infrequent, are distinguished from executions, which are exceedingly rare.

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

Document(s)

The Execution of Cameron Todd Willingham: Junk Science, an Innocent Man, and the Politics of Death

By Paul C. Giannelli / Case Legal Studies Research Paper No. 2011-18 , on 1 January 2011


Article

United States


More details See the document

The case of Cameron Todd Willingham has become infamous and was enmeshed in the death penalty debate and the reelection of Texas Governor Rick Perry, who refused to grant a stay of execution. The governor has since attempted to derail an investigation by the Texas Forensic Science Commission.

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

Document(s)

Executions, Deterrence and Homicide: A Tale of Two Cities

By David T. Johnson / Jeffrey Fagan / Franklin Zimring / Columbia School of Law, on 1 January 2009


2009

Article

China


More details See the document

We compare homicide rates in two quite similar cities with vastly different execution risks. Singapore had an execution rate close to 1 per million per year until an explosive twentyfold increase in 1994-95 and 1996-97 to a level that we show was probably the highest in the world. Hong Kong,has no executions all during the last generation and abolished capital punishment in 1993. Homicide levels and trends are remarkably similar in these two cities over the 35 years after 1973. By comparing two closely matched places with huge contrasts in actual execution but no differences in homicide trends, we have generated a unique test of the exuberant claims of deterrence that have been produced over the past decade in the U.S.

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

Document(s)

Portuguese : Projecto de protocolo adicional à carta Africana dos direitos humanos e dos povos acerca da abolição da pena de morte em Africa

By FIACAT, on 8 September 2020


2020

Academic report

enfr
More details Download [ pdf - 350 Ko ]

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

Document(s)

Urdu : آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenzh-hant
More details See the document

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

Document(s)

Thai : แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenzh-hant
More details See the document

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

Document(s)

Tagalog : Eight kaso sheet (sumasakop sa China, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, Taiwan)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenzh-hant
More details See the document

Document(s)

Japanese : 八ケースシート(カバー中国、インド、インドネシア、日本、マレーシア、パキスタン、シンガポール、台湾)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenzh-hant
More details See the document

Document(s)

Pakistani Christian Woman Sentenced to Death

By Amnesty International / British Pakistani Christian Association, on 1 January 2010


2010

Legal Representation


More details See the document

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

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Lethal Injustice in Asia: End unfair trials, stop executions

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


2011

NGO report

enenenenenenenenzh-hant
More details See the document

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

Document(s)

Death and Harmless Error: A Rhetorical Response to Judging Innocence

By Colin P. Starger / Columbia School of Law, on 1 January 2011


Article

United States


More details See the document

The ‘Garret Study’ analyses the first 200 post conviction DNA exonerations in the United States. This article wheights the impact of the study and how it will depend on how jurists, politicians, and scholars extrapolate the explanatory power of the data.

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

Document(s)

The Story of Chiou Ho-shun

By Taiwan Alliance to End the Death Penalty / Ho Chao-ti, on 1 January 2011


Legal Representation


More details See the document

Chiou Ho-shun, a death row inmate in Taiwan, may be executed at any time. He said, ‘ I hope you can save me, but if it’s too late, please scatter my ashes in the Longfeng harbour, and buy a meatball, come and see me.’

  • Document type Legal Representation
  • Themes list Torture,

Document(s)

Indonesian : Delapan kasus lembar (meliputi Cina, India, Indonesia, Jepang, Malaysia, Pakistan, Singapura, Taiwan)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


2020

NGO report

enenenenenenzh-hant
More details See the document

Document(s)

Hindi : आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenzh-hant
More details See the document

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

Document(s)

Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenenenzh-hant
More details See the document

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

Document(s)

Danthong Breen – Union for Liberty

By Ensemble contre la peine de mort (ECPM), on 8 September 2020


Academic report

Thailand

fr
More details See the document

Danthong Breen, from the NGO Union for Liberty, based in Thailande, explains why the death penalty is torture.

Document(s)

Videos of the 4th World Congress

By Ensemble contre la peine de mort (ECPM), on 1 January 2010


2010

Arguments against the death penalty

fr
More details See the document

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

Document(s)

Execution Watch: Mitt Romney’s ‘Foolproof’ Death Penalty Act and the Politics of Capital Punishment

By Russell G. Murphy / Suffolk University Law Review, on 8 September 2020


2020

Article

United States


More details See the document

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

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

Document(s)

Capital Punishment and the Bible

By Gardner C. Hanks / Herald Press, on 1 January 2002


2002

Book

United States


More details See the document

Capital Punishment and the Bible goes beyond proof-text arguments to examine biblical statements about capital punishment in their historical contexts and for present meaning. Does the use of capital punishment in the USA meet Old Testament standards for fairness? How did Jesus and the early church extend God’s love in restorative justice? Gardner C. Hanks convincingly shows that the use of the death penalty is not consistent with Jesus’ call for love and forgiveness.

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

Document(s)

When Justice Fails: Thousands executed in Asia after unfair trials

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


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)

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

By Daniel Medwed / Northeastern, on 1 January 2020


2020

Article

United States


More details See the document

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

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

Document(s)

Showing Remorse: Reflections on the Gap between Expression and Attribution in Cases of Wrongful Conviction

By Richard Weisman / Canadian Journal of Criminology and Criminal Justice, on 1 January 2004


2004

Article

Canada


More details See the document

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

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

Document(s)

The Politics of Fear and Death: Successive Problems in Capital Federal Habeas Corpus.”

By Bryan A. Stevenson / New York University (NYU), on 1 January 2002


2002

Article

United States


More details See the document

The Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 was drafted, enacted, and signed in an atmosphere of anger and fear. The legislation, which includes substantial cutbacks in the federal habeas corpus remedy, was Congress’s response to the tragedy of the Oklahoma City bombing. During the congressional hearings on the bills that culminated in AEDPA, the proponents of the legislation claimed that its habeas corpus restrictions and other provisions were necessary to fight domestic terrorism. The Senate bill was approved by the House on April 18, 1996, the day before the one-year anniversary of the Oklahoma City bombing. President Bill Clinton invoked the bombing in a statement he issued at the time of the Senate’s passage of the legislation and again when he signed the legislation into law. Even at the time of the debates, some courageous legislators were willing to denounce the fallacious connection that the bill’s proponents drew between the bombing and the broader issues of the scope and availability of habeas corpus review. Many of the habeas corpus restrictions ultimately built into AEDPA had been under consideration by Congress since 1990, though none had been adopted. The congressional proponents of these restrictions seized upon the Oklahoma City tragedy as a means of accomplishing their longstanding goal to scale back federal habeas corpus review.

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

Document(s)

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

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


2005

Article

United States


More details See the document

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

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

Document(s)

Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate

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


2007

Article

United States


More details See the document

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

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

Document(s)

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

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


2001

Article

United States


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

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

Document(s)

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

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


2000

Article

United States


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

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

Document(s)

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)

Justice by Geography and Race: The Administration of the Death Penalty in Maryland 1978-1999

By Robert Brame / Raymond Paternoster / Margins Law Journal / Sarah Bacon / Andrew Ditchfield, on 1 January 2004


Article

United States


More details See the document

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

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

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


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

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

Document(s)

The Condemned

By The Intercept, on 1 January 2019


2019

International law - Regional body


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Forty-three years after the Supreme Court reversed course and reinstated the death penalty, reliable data on the individuals sent to death row is maddeningly difficult to obtain. The Intercept set out to compile a comprehensive dataset on everyone sentenced to die in active death penalty jurisdictions since 1976. The findings show that capital punishment remains as “arbitrary and capricious” as ever.

  • Document type International law - Regional body
  • Themes list Statistics, Country/Regional profiles,

Document(s)

The Effect of Race, Gender, and Location on Prosecutioral Decisions to Seek the Death Penalty in South Carolina

By Isaac Unah / Michael J. Songer / South Carolina Law Review, on 1 January 2006


2006

Article

United States


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

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

Document(s)

Commentary on Counsel’s Duty to Seek and Negotiate a Disposition in Capital cases (ABA Guideline 10.9.1)

By Russell Stetler / Hofstra Law Review, on 1 January 2003


2003

Article

United States


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

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

Document(s)

Public Executions in Virginia

By Harry M. Ward / McFarland Publishing, on 1 January 2012


2012

Book

United States


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A new book by Professor Harry M. Ward of the University of Richmond examines the death penalty in Virginia at a time when executions were carried out for all to see.

  • Document type Book
  • Countries list United States
  • Themes list Country/Regional profiles,

Document(s)

Poster World day against the death penalty 2024 – 2025 – Portuguese

By World coalition against the death penalty, on 8 July 2024


2024

Campaigning

World Coalition


More details Download [ pdf - 1590 Ko ]
  • Document type Campaigning / World Coalition

Document(s)

Voting record – Draft resolution A/C.3/75/L.41 as amended, Moratorium on the use of the death penalty

By United Nations General Assembly, on 18 November 2020


2020

International law - United Nations

zh-hant
More details See the document
  • Document type International law - United Nations
  • Available languages

Document(s)

Death Penalty: Majority of States Continue to Support UN Call for Moratorium on Executions at Committee Vote

on 1 January 2020


2020

NGO report

Antigua and Barbuda

Congo

Democratic Republic of the Congo

Djibouti

Dominica

Eswatini

Guinea

Lebanon

Libya

Nauru

Niger

Pakistan

Philippines

Republic of Korea

Sierra Leone

Solomon Islands

South Sudan

Tonga

Uganda

Zimbabwe


More details See the document
  • Document type NGO report
  • Countries list Antigua and Barbuda / Congo / Democratic Republic of the Congo / Djibouti / Dominica / Eswatini / Guinea / Lebanon / Libya / Nauru / Niger / Pakistan / Philippines / Republic of Korea / Sierra Leone / Solomon Islands / South Sudan / Tonga / Uganda / Zimbabwe

Document(s)

No one is spared – The widespread use of the death penalty in Iran

By League for the Defence of Human Rights in Iran, on 5 November 2020


2020

Drug Offenses

Fair Trial

Iran (Islamic Republic of)

Juveniles

Women


More details See the document
  • Document type Array
  • Countries list Iran (Islamic Republic of)
  • Themes list Drug Offenses / Fair Trial / Juveniles / Women

Document(s)

Respect for Minimum Standards? Report on the Death Penalty in China

on 1 January 2020


2020

NGO report

China


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

Document(s)

Human Rights Activists in Iran Annual Report on Executions in Iran 2019-2020

on 1 January 2020


NGO report


More details See the document
  • Document type NGO report

Document(s)

Report No. 211/20. Case 13.570. Report on admissibility and mertis. Lezmond C. Mitchell. United States of America

By Inter-american Commission on Human Rights, on 24 August 2020


2020

Regional body report

es
More details See the document

Document(s)

Efforts towards abolition of the death penalty: Challenges and prospects

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


2024

Academic Article

Trend Towards Abolition


More details See the document

Published in December 2023.

This paper reflects on the role of international human rights treaties in promoting universal abolition and progressive restriction of the death penalty. It suggests that over the past quarter of a century a ‘new human rights dynamic’ has aimed to generate universal acceptance that however it is administered, the death penalty violates the human rights of all citizens exposed to it. Nevertheless, defences of capital punishment based on principles of national sovereignty are engrained in some parts of the world, particularly in Asia and the Middle East. The human rights project struggles to make inroads into such jurisdictions where political will is opposed to abolition, and trenchant protection of sovereignty threatens the very universality of these rights.

  • Document type Academic Article
  • Themes list Trend Towards Abolition

Document(s)

Execution in Saudi Arabia 2023: Ongoing Bloodshed with Unusual Sentences

By The European Saudi Organization for Human Rights (ESOHR), on 23 January 2024


2024

NGO report

Saudi Arabia


More details See the document

Published on 22 January، 2024.

The European Saudi Organization for Human Rights views 2023 as a year that demonstrated Saudi Arabia’s inconsistency in using the death penalty. Besides the unexplained shift in the types of executed sentences, the implementation of death sentences for drug-related charges, and the disregard for international legal opinions, the high numbers indicate Saudi Arabia’s determination to use the death penalty without restraint.

In Saudi Arabia in 2023, 172 executions were carried out according to data from the Ministry of Interior published by the official news agency. The number of executions increased by 15% compared to the figure announced by the Ministry of Interior in 2022, where 147 sentences were reported, despite the mass execution of 81 individuals in 2022.

  • Document type NGO report
  • Countries list Saudi Arabia

Document(s)

21st World Day – Facts and Figures 2023

By the World Coalition Against the Death Penalty, on 12 June 2023


2023

Campaigning

World Coalition

fr
More details Download [ pdf - 239 Ko ]

Find the main facts and figures regarding the death penalty worldwide in 2022 and early 2023.