Your search “Keep the Death Penalty Abolished fin the philippines /page/www.deathpenalty.org/downloads/RadeletDeterrenceStudy2009.pdf ”

View all document types 2948 Document(s)

Document(s)

ICCPR Case Law on Detention, the Prohibition of Cruel Treatment and Some Issues Pertaining to the Death Row Phenomenon

By Eva Rieter / Journal of the Institute of Justice and International Studies, on 1 January 2002


2002

Article


More details See the document

This paper discusses some case law on detention issues by the Human Rights Committee (HRC) that supervises the International Covenant on Civil and Political Rights (ICCPR), as well as HRC case law on the so-called “death row phenomenon,” which involves forcing a person to live under conditions that spawn intense fear, distress, and the virtual destruction of the personality while awaiting execution.

  • Document type Article
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Phenomenon,

Document(s)

Joint Letter Calling on the HRC to Renew the Mandate of the Special Rapporteur on Human Rights in Iran

By Human Rights Watch / Impact Iran , on 1 January 2018


2018

Multimedia content

Iran (Islamic Republic of)


More details See the document

In this joint letter many Iranian and international human rights organizations, urge the governments they called to support the renewal of the mandate of the Special Rapporteur on human rights in the Islamic Republic of Iran, during the 37th session of the UN Human Rights Council.

  • Document type Multimedia content
  • Countries list Iran (Islamic Republic of)
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Discrimination,

Document(s)

Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran

By Human Rights Council, on 1 January 2012


2012

Working with...


More details See the document

The present report, the first to be submitted to the Human Rights Council, is submitted pursuant to Council resolution 16/9 and covers the human rights developments since the commencement of the mandate of the Special Rapporteur on 1 August 2011.

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

Document(s)

Death IS Different: An Editorial Introduction to the Theme Issue.

By Richard L. Wiener / Craig Haney / Psychology, Public Policy and Law, on 1 January 2004


2004

Article

United States


More details See the document

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

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

Document(s)

When the State Kills: Capital Punishment and the American Condition

By Austin Sarat / Princeton University Press, on 1 January 2001


2001

Book

United States


More details See the document

Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society.Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans’ evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile.Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people’s sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America’s killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life’s complexities, and much further from solving the nation’s ills. In short, it leaves us with an impoverished democracy.The book’s powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish.

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

Document(s)

International Views on the Death Penalty

By Death Penalty Focus, on 1 January 2011


2011

Arguments against the death penalty


More details See the document

The vast majority of countries in Western Europe, North America and South America – more than 139 nations worldwide – have abandoned capital punishment in law or in practice. This document goes through the death penalty status of countries world wide.

  • Document type Arguments against the death penalty
  • Themes list Networks,

Document(s)

Life After the Death Penalty: Implications for Retentionnist States

By American Bar Association / Death Penalty Information Center, on 1 January 2017


2017

Multimedia content

United States


More details See the document
  • Document type Multimedia content
  • Countries list United States
  • Themes list Moratorium , Public debate, Death Penalty, Country/Regional profiles,

Document(s)

Position Paper: Death Penalty under the Palestinian National Authority

By Palestinian Centre for Human Rights, on 1 January 2010


2010

NGO report


More details See the document

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)

Discrimination, Torture, and Execution: A Human Rights Analysis of the Death Penalty in California and Louisiana

By International Federation for Human Rights (FIDH) / Jessica Lee and Susan Hu, on 1 January 2013


2013

NGO report


More details See the document

This report focuses itsanalysis on discrimination and torture, cruel inhuman and degrading treatment and foundnumerous human rights violations, including the most basic right – the right to life – in theuse of the death penalty in California and Louisiana.

  • Document type NGO report
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Discrimination,

Document(s)

International Commission against the Death Penalty (ICDP) Review 2013

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


NGO report


More details See the document

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

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

Document(s)

America has abandoned the death penalty

By The Charles Hamilton Houston Institute for Race & Justice / Harvard Law School, on 1 January 2015


2015

Academic report


More details See the document

In 2015, America had the lowest number of executions in 25 years. Of the 28 people executed, 68% suffered from severe mental disabilities or experienced extreme childhood trauma and abuse according to a new report released by Harvard Law School’s Charles Hamilton Houston Institute for Race & Justice. A significant number of the executed individuals had multiple mental impairments. Two individuals were executed despite doubts about their guilt.

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

Document(s)

Advocacy Toolkit on Abolition of the Death Penalty in West Africa

By Amnesty International, on 1 January 2016


2016

Lobbying

fr
More details See the document

This toolkit is for the use of activists who are working on the abolition of the death penalty in West Africa. It is intended to equip activists with some key advocacy tools to effectively influence the institutions and individuals who can make abolition a reality.

Document(s)

Broken Justice: The death penalty in Alabama

By Rachel King / American Civil Liberties Union / Alabama, on 1 January 2005


2005

NGO report


More details See the document

This report documents unfairness and unreliability that plague the death penalty system in Alabama and makes several recommendations, including a moratorium on executions. The major areas of focus the report examines are: Inadequate Defence, Prosecutorial Misconduct, Judicial Overrides, Execution of the Mentallly Retarded, Racial Discrimination, and Geographic Disparities.

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

Document(s)

The Death Penalty for Drug Offences: Global Overview 2011. Shared responsibility and shared consequences.

By Patrick Gallahue / Harm Reduction International, on 1 January 2011


2011

NGO report


More details See the document

The Global Overview 2011. It provides a country-by-country analysis of the death penalty for drugs, and is intended to inform policy-makers of the potential for change as well as to shed some light on the environments in which the international fight against illicit drugs is pursued.

  • Document type NGO report
  • Themes list Drug Offences,

Document(s)

Chinas Death Penalty: History, Law and Contemporary Practices

By Terance D. Miethe / Hong Lu / Routledge, on 1 January 2007


2007

Book

China


More details See the document

This book examines the death penalty within the changing socio-political context of China. The authors’ treatment of China’s death penalty is legal, historical, and comparative. In particular, they examine; the substantive and procedures laws surrounding capital punishment in different historical periods the purposes and functions of capital punishment in China in various dynasties changes in the method of imposition and relative prevalence of capital punishment over time the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries. Their analyses of the death penalty in contemporary China focus on both its theory – how it should be done in law – and actual practice – based on available secondary reports/sources.

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

Document(s)

The Death Penalty in 2019: Year End Report

By Death Penalty Information Center, on 1 January 2019


2019

NGO report


More details See the document

The US death penalty usage remains near record lows in 2019.

  • Document type NGO report
  • Themes list Due Process , Innocence, Statistics,

Document(s)

The Death Penalty in 2016: video summary of DPIC Year End Report.

By Death Penalty Information Center, on 1 January 2016


2016

NGO report


More details See the document

DPIC’s 2016 Year-End Report: another record decline in death penalty use in the US. A video summary of the report.

  • Document type NGO report
  • Themes list Trend Towards Abolition, Death Penalty, Statistics, Country/Regional profiles,

Document(s)

Malay : Poster – 17th World Day Against the Death Penalty (Malay)

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


Multimedia content

enenarfarufrzh-hantes
More details Download [ pdf - 35 Ko ]

Document(s)

German : Poster – 17th World Day Against the Death Penalty (German)

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


Multimedia content

enenarfarufrzh-hantes
More details Download [ pdf - 34 Ko ]

Document(s)

Fact Sheet – Death Penalty in the Caribbean

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


Academic report

fr
More details Download [ pdf - 437 Ko ]

Detailed information on the death penalty in the Greater Caribbean

Document(s)

Poster – 17th World Day Against the Death Penalty (Black and White)

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


Multimedia content

fr
More details Download [ pdf - 35 Ko ]

17th World Day Against the Death Penalty Poster in black and white

Document(s)

Does the death penalty give victims closure? Science says no

By Linda Lewis Griffith / San Luis Obispo Tribune, on 1 January 2019


2019

Article

United States


More details See the document

This article deals with one of the main arguments of defenders of the capital sentence: is the death penalty a source of relief for the victims?

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

Document(s)

The Death Penalty for Drug Offences: Global Overview 2019

By Harm Reduction International / Giada Girelli, on 1 January 2020


2020

NGO report


More details See the document

Harm Reduction International (HRI) has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007. This report, our ninth on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international law.

  • Document type NGO report
  • Themes list Drug Offences,

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)

UN advocacy: the universal periodic review – Death penalty

By The Advocates for Human Rights / Amy Bergquist / Rosalyn Park / Jennifer Prestholdt, on 8 September 2020


2020

Academic report


More details See the document

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

  • Document type Academic report
  • Themes list International law,

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)

Advocacy Toolkit: Abolition Of The Death Penalty In Africa

By Amnesty International, on 1 January 2019


2019

Lobbying


More details See the document

This advocacy toolkit is for the use of activists working on the abolition of the death penalty in Africa. It is intended to equip them with some key advocacy tools to effectively influence the institutions and individuals who can make abolition a reality in the region.

  • Document type Lobbying

Document(s)

Why Do White Americans Support the Death Penalty?

By Journal of Politics / Alan R. Metelko / Laura Langbein, on 1 January 2003


2003

Article

United States


More details See the document

This article explores the roots of white support for capital punishment in the United States. Our analysis addresses individual-level and contextual factors, paying particular attention to how racial attitudes and racial composition influence white support for capital punishment. Our findings suggest that white support hinges on a range of attitudes wider than prior research has indicated, including social and governmental trust and individualist and authoritarian values. Extending individual-level analyses, we also find that white responses to capital punishment are sensitive to local context. Perhaps most important, our results clarify the impact of race in two ways. First, racial prejudice emerges here as a comparatively strong predictor of white support for the death penalty. Second, black residential proximity functions to polarize white opinion along lines of racial attitude. As the black percentage of county residents rises, so too does the impact of racial prejudice on white support for capital punishment.

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

Document(s)

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

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


2010

Article

United States


More details See the document

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

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

Document(s)

Deterrence and the Death Penalty

By The National Academies Press / John V. Pepper, 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)

America’s Experiment With Capital Punishment: Reflections on the Past, Present, and Future of the Ultimate Penal Sanction

By Carol S. Steiker / James R. Acker / Jordan M. Steiker / Richard J. Wilson / Robert Blecker / Stephen B. Bright / Charles S. Lanier / Robert M. Bohm / Carolina Academic Press / Ernest van den Haag / Ruth D. Peterson / William C. Bailey / Jon Sorensen / James Marquart / Victor L., on 8 September 2020


2020

Book

United States


More details See the document

The second edition of America’s Experiment with Capital Punishment is an updated and expanded version of the comprehensive first edition. Chapters, authored by the country’s leading legal and social science scholars, have been revised to include a host of important developments since the 1998 edition. Thus, new evidence and information is presented concerning racial disparities in the administration of the death penalty, wrongful convictions, deterrence, the prediction of future dangerousness, jury decision-making, public opinion about the death penalty, the effects of the capital punishment process on murder victims’ and offenders’ relatives, death row incarceration, the costs of capital punishment, execution methods, and many other issues.

  • Document type Book
  • Countries list United States

Document(s)

Wounds That Do Not Bind: Victim-based Perspectives on the Death Penalty

By James R. Acker / David R. Karp / Carolina Academic Press, on 1 January 2006


2006

Book

United States


More details See the document

This book examines how family members and advocates for victims address the impact of capital punishment. The book presents the personal stories of victims’ family members and their interactions with the criminal justice system. It also examines the relevant areas of legal research, including the use of victim impact evidence in capital trials, how capital punishment affects victims’ family members, and what is known about addressing the needs of the survivors after a murder.

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

Document(s)

Not “Waiving” But Drowning: The Anatomy of Death Row Syndrome and Volunteering for Execution

By Amy Smith / Boston University Public Interest Law Journal, on 8 September 2020


2020

Article

United States


More details See the document

Within the international community, other countries have recognized the potential for harm caused by our current system, and as a result have refused to extradite back to the United States individuals who might face the death penalty. These countries cite not only the possibility of execution as reason for refusal, but the waiting process which attends that death as a separate, independent violation of human rights. If we remain unpersuaded by the international community, the behavioral trends of those individuals awaiting execution are telling as well. Within one week in 2008, two individuals awaiting death in Texas committed suicide, reflecting the heightened suicide rates on death row, estimated at ten times greater than those in society at large and several times greater than those in a general prison population. In addition, the widely-recognized practice of “volunteering” for execution permits condemned inmates to waive their state and federally mandated rights to appeal in order to speed up the execution process, in essence “volunteering” to be executed.

  • Document type Article
  • Countries list United States
  • Themes list Death Row Phenomenon, Extradition,

Document(s)

Iraq : Twentieth Session of the Working Group on the Universal Periodic Review

By World Coalition Against the Death Penalty / The Advocates for Human Rights / Iraqi Coalition Against the Death Penalty, on 1 January 2014


2014

Multimedia content

Iraq


More details See the document

This submission addresses Iraq’s compliance with its human rights obligations withregard to its use of the death penalty. This submission concludes that Iraq cannotguarantee its citizens adequate domestic and international guarantees against the arbitrarydeprivation of life and therefore should abolish the death penalty.

  • Document type Multimedia content
  • Countries list Iraq
  • Themes list Fair Trial, Arbitrariness,

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


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)

Death Penalty Can Prolong the Suffering of a Vicitm’s Family

By Death Penalty Focus, on 8 September 2020


2020

Academic report

United States


More details See the document

Many family members who have lost loved ones to murder feel that the death penalty will not heal their wounds nor will it end their pain. This webpage provides resources for those looking to connect with murder victims’ families organisations.

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

Document(s)

Death Penalty and Deterrence

By Amnesty International - USA, on 8 September 2020


Arguments against the death penalty


More details See the document

An argument against deterrence is made by looking at a survey which found that during the last 20 years, the homicide rate in states with the death penalty has been 48 to 101 percent higher than in states without the death penalty.

  • Document type Arguments against the death penalty
  • Themes list Deterrence ,

Document(s)

International Law Issues in Death Penalty Defense

By Richard J. Wilson / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

This short article will explore some additional issues regarding the relationship between international law and the death penalty. First, it will discuss some additional aspects of the representation of foreign nationals in capital cases. Second, it will discuss additional instances in which defense counsel can make international law arguments, regardless of the client’s nationality. Third, because international law issues are new to most lawyers in the United States, even those who are seasoned in capital litigation, it will suggest some alternative ways in which international law arguments can be made. The conclusion will put theUnited States experience with the death penalty into the broader context of world practice on the death penalty.

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

Document(s)

Barbados: Death Penalty Stakeholder Report for the Universal Periodic Review

By The Advocates for Human Rights, on 1 January 2017


2017

NGO report


More details See the document
  • Document type NGO report
  • Themes list International law, Member organizations, Death Penalty,

Document(s)

Unjust and Unwanted: Malaysia’s Mandatory Death Penalty

By Death Penalty Project, on 8 September 2020


2020

Multimedia content

Malaysia


More details See the document

Malaysia is one of only a handful of countries around the world that continues to retain a mandatory death penalty. The newly elected Malaysian government has promised to abolish mandatory death sentences and other “oppressive laws”. This short animation sheds light on what the mandatory death penalty is, what the Malaysian public think about it and why it is time to consign this abhorrent punishment to history.

  • Document type Multimedia content
  • Countries list Malaysia
  • Themes list Public opinion, Drug Offences, Mandatory Death Penalty,

Document(s)

Training Resource: Reporting on the Death Penalty

on 1 January 2011


2011

NGO report


More details See the document

This resource targets journalists. The aim of this resource is to build and strengthen the knowledge and raise awareness of how to report on the death penalty and alternative sanctions. This training resource has been developed in conjunction with PRI’s partner, Inter Press Service (IPS).

  • Document type NGO report

Document(s)

Reporting on the death penalty: training resource for journalists

By Penal Reform International, on 1 January 2011


NGO report


More details See the document

The aim of this resource is to build and strengthen the knowledge and raise awareness of journalists on how to report on the death penalty and alternative sanctions. This training resource has been developed in conjunction with PRI’s partner, Inter Press Services (IPS).

  • Document type NGO report
  • Themes list Public opinion, Networks,

Document(s)

The death penalty worldwide: Developments in 1999

By Amnesty International, on 1 January 2000


2000

NGO report

fres
More details See the document

This paper is an attempt to cover developments during 1999 and provide information current at the end of the year concerning the death penalty worldwide, different aspects of its use and attempts to abolish it or reduce its application.

Document(s)

Japan’s Secretive Death Penalty Policy: Contours, Origins, Justifications, and Meanings

By David T. Johnson / Asian-Pacific Law & Policy Journal, on 1 January 2006


2006

Article

Japan


More details See the document

The secrecy that surrounds capital punishment in Japan is taken to extremes not seen in other nations. This article describes the Japanese state’s policy of secrecy and explains how it developed in three historical stages: the “birth of secrecy” during the Meiji period (1867 – 1912); the creation and spread of “censored democracy” during the postwar Occupation (1945 – 1952); and the “acceleration of secrecy” during the decades that followed. The article then analyzes several justifications for secrecy that Japanese prosecutors provide. None seems cogent. The final section explores four meanings of the secrecy policy that relate to the sources of death penalty legitimacy, the salience of capital punishment, the nature of Japan’s democracy, and the role and rule of law in Japanese society.

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

Document(s)

People’s Republic of China: Executed “according to law”? The death penalty in China

By Amnesty International, on 8 September 2020


2020

NGO report

China

fr
More details See the document

This document describes the process that someone suspected of committing a capital crime goes through under the Chinese criminal justice system, from detention through to execution. This process will be described using examples of cases researched by Amnesty International, and others monitored in the official press in China. As shown, there is potential for the violation of human rights at every stage of the criminal justice process leading to execution.

Document(s)

China: The Olympics Countdown: Repression of activists overshadows death penalty and media reforms

By Amnesty International, on 1 January 2007


2007

NGO report

fres
More details See the document

Amnesty International remains deeply concerned that several senior Chinese officials continue to use ‘strike hard’ policies to constrain the legitimate activities of a range of peaceful activists, including journalists, lawyers and human rights defenders. This report updates concerns in these areas, illustrated by the experiences of several individuals who have been detained or imprisoned in violation of their fundamental human rights. The failure of the Chinese authorities to address the legal and institutional weaknesses that allow such violations to flourish continues to hamper efforts to strengthen rule of law in China.

Document(s)

Death Penalty Debate

By Council of Europe, on 1 January 2009


2009

Arguments against the death penalty


More details See the document

During a televised panel discussion on the death penalty on 9th October, Slovenian law professor Dragan Petrovec said victims should play no role in the sentencing of offenders. ”The victim is never objective,” he said. ”Victims can’t be judges.” The discussion, organised by the Council of Europe to mark the European day against the death penalty, also featured Sweden’s Human Rights Ambassador Jan Axel Nordlander. Council of Europe’s Head of Department Jeroen Schokkenbroek said the organisation was critical of the United States and Japan over their use of the death penalty . He added that ”dialogue was continuing” with both countries towards ending the practice.

  • Document type Arguments against the death penalty

Document(s)

Ten myths and facts about the death penalty

By Reprieve / Clive Stafford Smith , on 1 January 2011


2011

Campaigning


More details See the document

Every 3 hours someone is put to death by their government. Is this justice? Watch first-hand testimonies by Reprieve lawyers and clients. Read ten hard facts about the death penalty. Decide for yourself.

  • Document type Campaigning
  • Themes list Public debate, Death Penalty,

Document(s)

Myth #3 – The death penalty saves money

By Reprieve / Clive Stafford Smith , on 8 September 2020


2020

Academic report


More details See the document

MYTH: The death penalty saves money. It costs less to kill people than to imprison them for life. FACT:The death penalty costs millions more than a sentence of life without parole. Taxpayers’ money could be used more efficiently on crime prevention programs and police.

  • Document type Academic report
  • Themes list Sentencing Alternatives, Financial cost,

Document(s)

Myth #10 – The death penalty is not political

By Reprieve / Emmanuelle Purdon , on 8 September 2020


Academic report


More details See the document

MYTH: The death penalty is not political. FACT: The death penalty is often driven by politics rather than a desire to repair social problems and bring justice.

  • Document type Academic report
  • Themes list Fair Trial,

Document(s)

Stop the Death Penalty: Worldwide Abolition Now

By Amnesty International, on 1 January 2007


2007

Arguments against the death penalty

arfres
More details See the document

This video by Amnesty International talks about how the administration of the death penalty is cruel, often sought after unfair trials and how innocent people have been wrongfully convicted. Voice over by Colin Firth.

Document(s)

Myth #2 – The death penalty reduces crime

By Reprieve / Clive Stafford Smith , on 8 September 2020


2020

Academic report


More details See the document

MYTH: The death penalty acts as a deterrent to potential criminals. FACT: The death penalty does not deter crime. It stimulates it.

  • Document type Academic report
  • Themes list Deterrence ,

Document(s)

End of its Robe: How Killing the Death Penalty can Revive Criminal Justice

By Brandon L. Garrett , on 1 January 2017


2017

Book

United States


More details See the document

Brandon Garrett hand-collected and analyzed national data, looking for causes and implications of this turnaround. End of Its Rope explains what he found, and why the story of who killed the death penalty, and how, can be the catalyst for criminal justice reform.

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

Document(s)

Poster – 14th Wold Day against the death penalty

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


2020

Multimedia content

enenfaruzh-hantzh-hantesfr
More details Download [ jpeg - 239 Ko ]

Document(s)

Killing as Punishment: Reflections on the Death Penalty in America

By Hugo Adam Bedau / Northeastern, on 1 January 2004


2004

Book

United States


More details See the document

Drawing on his encyclopedic knowledge of the field, Bedau addresses topics such as strong public suppport for the death penalty, wrongful convictions, the disappearance of executive clemency, constitutional arguments surronding the Eight Amendment, and procedural reforms under consideration that move toward abolition.

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

Document(s)

Myth #6 – The death penalty applies to everyone equally

By Reprieve / Emmanuelle Purdon , on 8 September 2020


2020

Academic report


More details See the document

MYTH: The death penalty applies to everyone equally, regardless of race, wealth or background. FACT: People who are convicted of the same crime receive vastly different penalties, across the world and within the same country or even case.

  • Document type Academic report
  • Themes list Arbitrariness,

Document(s)

The Penalty

By Will Francome / Mark Pizzey, on 1 January 2017


2017

Multimedia content

United States


More details See the document

The penalty follows three people caught in the crosshairs of capital punishment, and the political landscape thatcould decide their fate. Going behind the scenes of some of the biggest headlines in the history of America’sdeath penalty, the film follows the lethal injection protocol crisis that resulted in a botched execution, therehabilitation of a man who spent 15 years on death row for a crime he didn’t commit, and the family of a youngwoman – brutally murdered – split by the state’s pursuit of the ultimate punishment.

  • Document type Multimedia content
  • Countries list United States
  • Themes list Fair Trial, Right to life, Murder Victims' Families, Death Row Phenomenon, Lethal Injection, Death Penalty,

Document(s)

Iran : 20 th Session of the Working Group on the Universal Periodic Review

By Iran Human Rights (IHR) / World Coalition Against the Death Penalty / The Advocates for Human Rights / Abdorrahman Boroumand Foundation for the Promotion of Human Rights and Democracy in Iran / Association for Human Rights in Kurdistan of Iran-Geneva (KMMK-G), on 1 January 2014


2014

Multimedia content

Iran (Islamic Republic of)


More details See the document

Thisreport examines the imposition of the death penalty in Iran in light of international human rightsstandards.This report will also examine and discuss the judicial process applied in casesinvolving punishment by the death penalty.

  • Document type Multimedia content
  • Countries list Iran (Islamic Republic of)
  • Themes list Due Process , Fair Trial, International law,

Document(s)

Making the Last Chance Meaningful: Predecessor Counsel’s Ethical Duty to the Capital Defendant

By Lawrence J. Fox / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

The thesis of this paper is that lawyers who have represented clients in capital murder cases at trial and appeal—not unlike all criminal trial and initial appeal counsel, but more urgently because of the circumstances—continue to owe important obligations to their former clients. These obligations have been just recently included in the latest version of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death PenaltyCases: In accordance with professional norms, all persons who are or have been members of the defense team have a continuing duty to safeguard the interests of the client and should cooperate fully with successor counsel. This duty includes, but is not limited to: A. maintaining the records of the case in a manner that will inform successor counsel of all significant developments relevant to the litigation; B. providing the client’s files, as well as information regarding all aspects of the representation, to successor counsel; C. sharing potential further areas of legal and factual research with successor counsel; and D. cooperating with such professionally appropriate legal strategies as may be chosen by successor counsel. It is my hope that this article will demonstrate that these Guidelines reflect not just best practice, but actual ethical mandates that trial counsel, like Bryan Saunders, owe their former clients as those clients negotiate the jurisprudential maze known as habeas corpus.

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

Document(s)

In the Shadow of Death: Restorative Justice and Death Row Families

By Elizabeth Beck / Oxford University Press / Sarah Britto / Arlene Andrews, on 1 January 2007


2007

Article

United States


More details See the document

The stories of parents, siblings, children, and cousins chronicled in this book-vividly illustrate the precarious position family members of capital offenders occupy in the criminal justice system. They live in the shadow of death, crushed by trauma, grief, and helplessness. In this penetrating account of guilt and innocence, shame and triumph, devastating loss and ultimate redemption, the voices of these family members add a new dimension to debates about capital punishment and how communities can prevent and address crime.

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

Document(s)

Unstacking the Deck – A Handbook for Capital Defense Attorneys on Challenging the State’s Case in Aggravation

By John H. Blume / Death Penalty Resource & Defense Center, on 8 September 2020


2020

Academic report

United States


More details See the document

When the state decides to seek the death penalty against a criminal defendant, the cards are heavily stacked against him before the trial even starts. First, the defendant must face a jury that already assumes he is guilty simply because he has been charged with a crime. They will assume this all the more given that it is a capital case. Moreover, the jury selection process itself will produce a jury that is predisposed to vote both for guilt and for death.The purpose of this handbook is to provide some suggestions for ways to “unstack the deck” for capital defendants by challenging the state’s case in aggravation.

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

Document(s)

Lethal Rejection: An Empirical Analysis of the Astonishing Plunge in Death Sentences in the United States from Their Post-Furman Peak

By Talia Roitberg Harmon / David McCord / Albany Law Review, on 1 January 2018


2018

Article

United States


More details See the document

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

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

Document(s)

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

By Joint State Government Commission, on 1 January 2018


Government body report


More details See the document

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

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

Document(s)

The Right to Life: A Guide to the Implementation of Article 2 of the European Convention on Human Rights

By Council of Europe, on 1 January 2006


2006

Working with...

fr
More details See the document

This Handbook deals with the right to life, as guaranteed by Article 2 of the European Convention on Human Rights (ECHR or “the Convention”), and with the case-law of the European Court of Human Rights (“the Court”) under that article.

Document(s)

ASSESSING THE IMPACT OF THE ULTIMATE PENAL SANCTION ON HOMICIDE SURVIVORS: A TWO STATE COMPARISON

By Marilyn Peterson Armour / Marquette Law Review, on 1 January 2012


2012

Academic report


More details See the document

Numerous studies have examinedthe psychological sequelae thatresult from the murder of a loved one. Except for the death penalty,however, sparse attention has been paidto the impact of the murderer’ssentence on homicide survivors’ well-being. Given the steadfastness ofthe public’s opinion that the death penalty brings satisfaction and closureto survivors, it is surprising thatthere has been no systematic inquirydirectly with survivors about whether obtaining the ultimate punishmentaffects their healing. This Study used in-person interviews with arandomly selected sample of survivorsfrom four time periods to examinethe totality of the ultimate penal sanction (UPS) process and itslongitudinal impact on their lives. Moreover, it assessed the differentialeffect of two types of UPS by comparing survivors’ experiences in Texas,a death penalty state, and Minnesota, a life without the possibility ofparole (LWOP) state. Comparing states highlights differences primarilyduring the postconviction stage, specifically with respect to the appealsprocess and in regard to survivor well-being. In Minnesota, survivors ofadjudicated cases show higher levels of physical, psychological, andbehavioral health. This Study’s findings have implications for trialstrategy and policy development.

  • Document type Academic report
  • Themes list Murder Victims' Families,

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)

Call Tender Evaluation 2021

By World Coalition Against the Death Penalty, on 15 June 2021


2021

World Coalition

Maldives

Philippines

Turkey

fr
More details Download [ pdf - 491 Ko ]

External Evaluation of the project “Preventing the risk of resurgence of the death penalty in three abolitionist countries” of 36 months in the Maldives, Philippines and Turkey

Document(s)

Strengthening death penalty standards

By Penal Reform International, on 1 January 2015


2015

NGO report


More details See the document

Where the death penalty is applied, international law, jurisprudence and practice require that certain minimum standards are applied. The standards include international and regional treaties that are legally binding on states that have ratified them, customary international law that is binding on all states without exception, and non-binding standards and resolutions that nonetheless command the support of the majority of states. International understanding of these minimum standards has continued to evolve in the years since they were drafted, but the documents themselves do not always keep pace. This paper brings together international, regional and national standards, the most recent understandings of relevant experts and appropriate insights from other connected disciplines. It explores possible ways in which international minimum standards could be further strengthened at this time, whether through ECOSOC, the UN Human Rights Council, the UN Commission on Crime Prevention and Criminal Justice, regional bodies or national amendments to laws and policies. In each section, the issue and current practice is described, followed by examples of good practice or suggestions for improvement, finishing with a short list of recommendations for strengthening existing standards. These issues and recommendations are not final, but are intended to provide a point from which discussion can begin.

  • Document type NGO report
  • Themes list International law, Legal Representation,

Document(s)

Death Penalty and Mental Illness

By Amnesty International - USA, on 1 January 2013


2013

Arguments against the death penalty

es
More details See the document

The execution of those with mental illness or “the insane” is clearly prohibited by international law. Virtually every country in the world prohibits the execution of people with mental illness. This webpage explores international law and the death penalty in relation to the USA.

Document(s)

Death penalty developments in 2005

By Amnesty International, on 1 January 2006


2006

NGO report

fres
More details See the document

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

Document(s)

Factsheet – Death Penalty Abolition

By European Court of Human Rights, on 8 September 2020


2020

United Nations report


More details See the document

Court’s case-law and pending cases on abolition of the death penalty. It deals with death-row phenomenon – the risk of being stoned to death / of being sentended to death and the death penalty as result of unfair trial.

  • Document type United Nations report
  • Themes list Death Row Phenomenon, Stoning, Death Penalty,

Document(s)

Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores

By International Federation for Human Rights (FIDH) / Mahfoudh Ould Bettah / Isabelle Gourmelon / Olivier Foks, on 1 January 2004


2004

NGO report

fr
More details See the document

The report is damning, showing a system of justice which attaches little importance to regional and international instruments for the protection of human rights ratified by Chad. The case was conducted with a haste wholly incompatible with the respect for the right to a fair trial – proceedings exclusively for the prosecution, confessions obtained under torture, refusal to take account of evidence brought by the defence during the investigation, no lawyer present during the investigation stage. This iniquitous trial proves the hypothesis that justice has been manipulated in order to hide the true nature of a crime and the identity of its perpetrators, whilst securing the executions of persons judged undesirable.

Document(s)

Stolen Youth. Juvenils, mass trials and the death penalty in Egypt

By Reprieve, on 1 January 2019


2019

NGO report


More details See the document
  • Document type NGO report
  • Themes list Juveniles, Fair Trial, Death Penalty,

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)

People’s Republic of China: The Death Penalty Log in 2000

By Amnesty International, on 8 September 2020


2020

NGO report

China


More details See the document

The Death Penalty Log gives available details of death sentences and executions occurring in China throughout 2000.

  • Document type NGO report
  • Countries list China
  • Themes list Statistics,

Document(s)

Justice Crucified: The Death Penalty in Saudi Arabia

By Reprieve, on 1 January 2015


2015

NGO report


More details See the document

The Reprieve’s report analyses data on prisoners currently on death row in Saudi Arabia. It finds that 72 per cent of those prisoners whose alleged offences Reprieve has been able to determine were sentenced to death for non-violent crimes, including attendance at political protests and drug offences. Reprieve has also established that many prisoners estimated to have been executed in Saudi Arabia, since January 2014, had been sentenced to death for non-violent offences.

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

Document(s)

Counter terrorism in Kazakhstan: why the death penalty is no solution

By Penal Reform International, on 1 January 2013


2013

NGO report

en
More details See the document

This report focuses on the death penalty for terrorism related offences, an issue that has exercised many countries. It looks at evolving standards and practice internationally and considers how Kazakhstan can meet its human rights obligations while countering terrorism and maintaining the security of its people.

Document(s)

Abolition of the Death Penalty: China in World Perspective

By Roger Hood / City University of Hong Kong Law Review 1-21, on 1 January 2009


2009

Academic report


More details See the document

This article outlines changes that the author has observed in the debate on the death penalty.

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

Document(s)

These families lost loved ones to violence. Now they are fighting the death penalty;

By The America Magazine , on 1 January 2017


2017

Working with...


More details See the document
  • Document type Working with...
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Murder Victims' Families, Death Penalty,

Document(s)

Capital and punishment: Resource scarcity increases endorsement of the death penalty

By Arizona State University (ASU), on 1 January 2018


2018

Academic report


More details See the document

A new study by an interdisciplinary team of Arizona State University psychology researchers has found a link between the actual and perceived scarcity of resources and support for capital punishment. The study discovered that countries with greater resource scarcity were more likely to have a death penalty, as were U.S. states with lower per capita income.

  • Document type Academic report
  • Themes list Death Penalty, Financial cost,

Document(s)

The Death Penalty in 2014: infographic

By Death Penalty Information Center, on 1 January 2014


2014

NGO report


More details See the document

DPIC’s 2014 Year-End Report. Death sentences were at a 40-year low and executions were at a 20-year low. Texas, Missouri, and Florida accounted for 80% of all the executions in the United States. There were 7 exonerations this year and it took an average of 30 years to discover their innocence.

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

Document(s)

Poster – 15th World Day against the Death Penalty

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


2020

Multimedia content

enenfaruzh-hantzh-hantfres
More details Download [ jpeg - 374 Ko ]

Document(s)

Beating the Death Penalty in Illinois

By World Coalition Against the Death Penalty / Aurélie Plaçais, on 1 January 2011


2011

Lobbying

fr
More details Download [ html - 16 Ko ]

In a video interview at the NCADP conference in Chicago, leading Illinois abolitionist Jeremy Schroeder explains how grassroots activism and political lobbying was an important factor in abolishing the death penalty in Illinois.

Document(s)

The Egypt Death Penalty Index

By Reprieve / Daftar Ahwal Data Research Center, on 1 January 2019


2019

Multimedia content


More details See the document

The Egypt Death Penalty Index is a joint initiative of Reprieve and the Daftar Ahwal Data Research Center. The Index tracks Egypt’s use of capital punishment between 25 Janurary 2011 and 23 Septembrer 2018.

  • Document type Multimedia content
  • Themes list Death Penalty, Country/Regional profiles,

Document(s)

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

By Antoinette Bosco, on 1 January 2001


2001

Working with...


More details See the document

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

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

Document(s)

Summaries of Key Supreme Court Cases Related to the Death Penalty

By Capital Punishment in Context, on 1 January 2012


2012

Legal Representation


More details See the document

Summary of key supreme court cases in the United States, these cases deal with juror problems, the constitutionality of the death penalty and juveniles amongst key cases discussed.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Training on death penalty advocacy for the Universal Periodic Review of human rights

By The Advocates for Human Rights / Amy Bergquist / Rosalyn Park / Jennifer Prestholdt, on 1 January 2015


2015

Working with...


More details See the document

Video recording of a training session by The Advocates for Human Rights on death penalty advocacy for the United Nations’ Universal Periodic Review of human rights. Download the PowerPoint presentation here.

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

Document(s)

Beyond Reason: The Death Penalty and Offenders with Mental Retardation

By Human Rights Watch, on 1 January 2001


2001

NGO report


More details See the document

Twenty-five U.S. states still permit the execution of offenders with mental retardation and should pass laws to ban the practice without delay. The United States appears to be the only democracy whose laws expressly permit the execution of persons with this severe mental disability.

  • Document type NGO report
  • Themes list Intellectual Disability,

Document(s)

Malawi : 22nd Session of the Working Group on the Universal Periodic Review

By World Coalition Against the Death Penalty / The Advocates for Human Rights, on 1 January 2014


2014

Multimedia content

Malawi


More details See the document

This submission informs on Malawi’s international human rights obligations with regard to its use of the death penalty.This report will also examine and discussthe judicial process applied in cases involving punishment by the death penalty.

  • Document type Multimedia content
  • Countries list Malawi
  • Themes list Due Process , Death Penalty,

Document(s)

Deciding Death

By Corinna Barrett Lain / Duke Law Journal, on 1 January 2007


2007

Article

United States


More details See the document

When the Supreme Court is deciding death, how much does law matter? Scholars long have lamented the majoritarian nature of the Court’s Eighth Amendment “evolving standards of decency” doctrine, but their criticism misses the mark. Majoritarian doctrine does not drive the Court’s decisions in this area; majoritarian forces elsewhere do. To make my point, I first examine three sets of “evolving standards” death penalty decisions in which the Court implicitly or explicitly reversed itself, attacking the legal justification for the Court’s change of position and offering an extralegal explanation for why those cases came out the way they did. I then use political science models of Supreme Court decisionmaking to explain how broader social and political forces push the Court toward majoritarian death penalty rulings for reasons wholly independent of majoritarian death penalty doctrine. Finally, I bring the analysis full [*pg 2] circle, showing how broader sociopolitical forces even led to the development of the “evolving standards” doctrine. In the realm of death penalty decisionmaking, problematic doctrine is not to blame for majoritarian influences; rather, majoritarian influences are to blame for problematic doctrine. The real obstacle to countermajoritarian decisionmaking is not doctrine, but the inherently majoritarian tendencies of the Supreme Court itself.

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

Document(s)

The Death of Innocents: An Eyewitness Account of Wrongful Executions

By Helen Prejean / Vintage , on 1 January 2005


2005

Book

United States


More details See the document

She tells the story of two inmates she came to know as a spiritual adviser. Dobie Williams, a poor black man with an IQ of 65 from rural Louisiana, was executed after being represented by incompetent counsel and found guilty by an all-white jury based mostly on conjecture and speculation. Joseph O’Dell was convicted of murder after the court heard from an inmate who later admitted to giving false testimony for his own benefit. O’Dell received neither an evidentiary hearing nor potentially exculpatory DNA testing and was executed, insisting on his innocence the whole while. Besides exploring the shaky cases against them, Prejean describes in vivid detail the thoughts and feelings of Williams and O’Dell as their bids for clemency fail and they are put to death. The second part of the book details “the machinery of death,” the legal process that Supreme Court Justice Harry Blackmun, dismayed at the inequities of the death penalty, cited as his reason for resigning and that current justice Antonin Scalia has boasted of being a part of.

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