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

• Document type Article
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• Themes list Trend Towards Abolition,
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While research abounds on attitudes toward capital punishment in the United States, such work has been lacking in non-western nations — particularly in India, the world’s largest democracy. Data recently collected have revealed variance in levels of support for the death penalty among Indian college students: 44 percent express some degree of opposition, 13 percent are uncertain, and 43 percent express some degree of support. Reasons for support or opposition also exhibited variance. According to a multivariate analysis, statistically significant reasons for support included retribution, instrumentalist goals, and incapacitation; while significant reasons for opposition included morality and the belief that deterrence could be achieved by imposing sentences of life without parole.

• Document type Article
• Countries list India
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• Themes list Public opinion, Public debate,
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We examine sources of variation in possession and use of the death penalty using data drawn from 193 nations in order to test theories of punishment. We find the death penalty to be rooted in a country’s legal and political systems, and to be influenced by its religious traditions. A country’s level of economic development, its educational attainment, and its religious composition shape its political institutions and practices, indirectly affecting its use of the death penalty. The article concludes by discussing likely future trends.

• Document type Article
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• Themes list Networks,
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This empirical study examines for the first time how the criminal system in the United States handled the cases of people who were subsequently found innocent through postconviction DNA testing. The data collected tell the story of this unique group of exonerees, starting with their criminal trials, moving through levels of direct appeals and habeas corpus review, and ending with their eventual exonerations. Beginning with the trials of these exonerees, this study examines the leading types of evidence supporting their wrongful convictions, which were erroneous eyewitness identifications, forensic evidence, informant testimony, and false confessions. Yet our system of criminal appeals and postconviction review poorly addressed factual deficiencies in these trials. Few exonerees brought claims regarding those facts or claims alleging their innocence. For those who did, hardly any claims were granted by courts. Far from recognizing innocence, courts often denied relief by finding errors to be harmless.

• Document type Article
• Countries list United States
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• Themes list Innocence,
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This article provides an overview of the legal regime governing the death penalty and the on-going debate on the death penalty in Korea. It begins by briefly reviewing international treaties that call for the abolition of the death penalty, contrasting them with the retentionist trend in most Asian countries. It then reviews the major decisions of the Korean Supreme Court and the Korean Constitutional Court. It also discusses recent moves in the National Assembly and the National Human Rights Commission to abolish the death penalty. It suggests that the Korean death penalty debate has potentially significant implications for its retentionist Asian neighbours grappling with similar issues.

• Document type Article
• Countries list Democratic People's Republic of Korea
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Since World War, a growing number of countries around the world have joinedthe movement to abolish capital punishment. Asia remains the exception and ithas been argued by some Asian leaders that the abolition of capital punishmentis in conflict with “Asian values” and that the abolitionist argument constitutesan illegitimate interference in what is essentially a domestic concern. Thisarticle reviews the death penalty in the context of international human rightsand examines the Asian values argument. Reviewing the teachings of Confuciusand other Asian philosophers, it suggests that the ongoing use of the deathpenalty in Asia is not rooted in intrinsic cultural traditions, but in fact is tiedto internal political decisions. The Asian values argument has been largelyused as a means to maintain political legitimacy, and not anything inherent tocultural factors.

• Document type Article
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• Themes list Networks,
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This article investigates the way in which the Council of Europe enforced the norm against capital punishment in Europe. The Council of Europe, through both moral persuasion and centripetal pressure, compelled its member states to adopt the regionally promoted human rights standard. Ukraine, where the very last execution in Europe took place, accepted the norm after a number of years of resistance and in the face of public opposition to abolition. It was possible because of the adamant role of the Council of Europe in attempting to build a death penalty-free zone in Europe and Ukraine’s strategic will to be integrated within the European regional community.

• Document type Article
• Countries list Ukraine
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• Themes list Trend Towards Abolition,
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This article provides an in-depth analysis of death row phenomenon.

• Document type Article
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• Themes list Death Row Phenomenon,
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This report is divided into three parts. In Part A, the Commission identifies flaws in California’s death penalty system that render it dysfunctional, and remedies we unanimously recommend to repair it. Repairing the system would enable California to achieve the national average of a twelve year delay between pronouncement of sentence and the completion of all judicial review of the sentence. In Part B, the Commission offers the Legislature, the Governor, and the voters of California information regarding alternatives available to California’s present death penalty law. The Commission makes no recommendation regarding these alternatives. In Part C, the Commission presents recommendations relating to miscellaneous aspects of the administration of California’s death penalty law. We were not able to reach unanimous agreement upon all of these recommendations, and dissents are noted where applicable. Commissioner Jerry Brown, Attorney General of California, agrees in principle with some of the Commission’s recommendations as set forth in his separate statement. Commissioner William Bratton, Chief of Police for the City of Los Angeles, abstains from the specific recommendations in this Report, and will issue a separate explanatory statement.

• Document type Government body report
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• Themes list Networks,
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The present report contains information covering the period from January 2006 to May 2008. The report indicates that the trend towards abolition of the death penalty continues; this is illustrated, inter alia, by the increase in the number of countries that are completely abolitionist and by the increase in ratifications of international instruments that provide for the abolition of this form of punishment.

• Document type International law - United Nations
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• Themes list Trend Towards Abolition,
• Available languages مسألة عقوبة الإعدام: تقرير مقدم من الأمين العامВопрос о смертной казни: Доклад Генерального секретаряQuestion de la peine de mort : Rapport du Secrétaire général死刑问题: 秘书长的报告La cuestión de la pena capital: Informe del Secretario General