Australia

Abolitionist for all crimesLegal status of the death penalty*

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Document(s)

Ambivalent Abolitionism in the 1920s: New South Wales, Australia

By Carolyn Strange, on 1 September 2022


2022

Academic report

Australia


More details Download [ pdf - 355 Ko ]

In the former penal colony of New South Wales (NSW), a Labor government attempted what its counterpart in Queensland had achieved in 1922: the abolition of the death penalty. Although NSW’s unelected Legislative Council scuttled Labor’s 1925 bill, the party’s prevarication over capital punishment and the government’s poor management of the campaign thwarted abolition for a further three decades. However, NSW’s failure must be analysed in light of ambivalent abolitionism that prevailed in Britain and the US in the postwar decade. In this wider context, Queensland, rather than NSW, was the abolitionist outlier.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report
  • Countries list Australia

Document(s)

‘Upholding the Cause of Civilization’: The Australian Death Penalty in War and Colonialism

By Mark Finnane, on 1 September 2022


Academic report

Australia


More details Download [ pdf - 353 Ko ]

The abolition of the death penalty in Queensland in 1922 was the first in Australian jurisdictions, and the first in the British Empire. However, the legacy of the Queensland death penalty lingered in Australian colonial territories. This article considers a variety of practices in which the death penalty was addressed by Australian decision-makers during the first half of the 20th century. These include the exemption of Australian soldiers from execution in World War I, use of the death penalty in colonial Papua and the Mandate Territory of New Guinea, hanging as a weapon of war in the colonial territories, and the retrieval of the death penalty for the punishment of war crimes. In these histories, we see not only that the Queensland death penalty lived on in other contexts but also that ideological and political preferences for abolition remained vulnerable to the sway of other historical forces of war and security.
This article was first pubished in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report
  • Countries list Australia

Document(s)

Anti–Death Penalty Advocacy: A Lawyer’s View from Australia

By Julian McMahon SC, on 1 September 2022


Article

Australia


More details Download [ pdf - 412 Ko ]

This article reviews the executions of Australians in the region and the Australian responses over the past two decades. Informed by the author’s legal defence role in death penalty cases in Singapore and Indonesia and other countries, the article explores developments in anti–death penalty advocacy since 2015: the parliamentary enquiry, the ‘whole of government’ strategy led by the Department of Foreign Affairs and Trade and the efforts made by Australia and Australians in Asia.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Article
  • Countries list Australia

Document(s)

State-Sanctioned Killing of Sexual Minorities: Looking Beyond the Death Penalty

By Mai Sato, Christopher Alexander - Eleos Justice and Capital Punishment Justice Project, Monash University, on 10 August 2021


2021

Academic report

Australia

Cruel, Inhuman and Degrading Treatment and Punishment


More details See the document

This report examines the extent to which states sanction the killing of sexual minorities. It looks beyond those countries that impose the death penalty for same-sex intimacy to the far greater number of countries in which state actors commission, condone, endorse and enable such killings.
He argues that the state-sanctioned killing of sexual minorities is often perpetrated well beyond the boundaries of the law, and even in countries that do not criminalise such conduct.

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