INDEX
Document(s)
Silently Silenced: State-Sanctioned Killing of Women
By Eleos Justice, Cornell Center on the Death Penalty Worldwide , on 30 March 2023
2023
Academic report
Women
More details See the document
Silently Silenced: State-Sanctioned Killing of Women examines States’ involvement in ‘feminicide’. Feminicide is understood as the gender-motivated killing of women and girls that States actively engage in, condone, excuse, or fail to prevent. We use the term ‘feminicide’ to refer to the various forms of State-sanctioned killing of women and girls. In this report, we outline States’ direct involvement and complicity in the killings of women and girls and explain these deaths as a product of gendered forms of structural violence upheld and sustained by the State. We examine 3 types of feminicide: gender- related killings of women directly perpetrated by the State, such as the death penalty and extrajudicial killings; gender-related killings of women committed by non-State actors that are excused or condoned by the State; and gender-related killings of women that the State failed to prevent.
- Document type Academic report
- Themes list Women
Document(s)
Getting to Death: Race and the Paths of Capital Cases after Furman
By Fagan, Jeffrey and Davies, Garth and Paternoster, Raymond, Columbia Public Law Research Paper, Forthcoming, Cornell Law Review, Vol. 107, No. 1565, 2022, on 13 January 2023
2023
Academic report
Fair Trial
United States
More details See the document
Decades of research on the administration of the death penalty have recognized the persistent arbitrariness in its implementation and the racial inequality in the selection of defendants and cases for capital punishment. This Article provides new insights into the combined effects of these two constitutional challenges. We show how these features of post-Furman capital punishment operate at each stage of adjudication, from charging death-eligible cases to plea negotiations to the selection of eligible cases for execution and ultimately to the execution itself, and how their effects combine to sustain the constitutional violations first identified 50 years ago in Furman. Analyzing a dataset of 2,328 first- degree murder convictions in Georgia from 1995–2004 that produced 1,317 death eligible cases, we show that two features of these cases combine to produce a small group of persons facing execution: victim race and gender, and a set of case-specific features that are often correlated with race. We also show that these features explain which cases progress from the initial stages of charging to a death sentence, and which are removed from death eligibility at each stage through plea negotiations. Consistent with decades of death penalty research, we also show the special focus of prosecution on cases where Black defendants murder white victims. The evidence in the Georgia records suggests a regime marred less by overbreadth in its statute than capriciousness and randomness in the decision to seek death and to seek it in a racially disparate manner. These two dimensions of capital case adjudication combine to sustain the twin failures that produce the fatal lottery that is the death penalty.
- Document type Academic report
- Countries list United States
- Themes list Fair Trial
Document(s)
Roper and Race: the Nature and Effects of Death Penalty Exclusions for Juveniles and the “Late Adolescent Class”
By Craig Haney, Frank R. Baumgartner and Karen Steele, on 20 October 2022
2022
Academic report
United States
More details See the document
In Roper v. Simmons (2005), the US Supreme Court raised the minimum age at which someone could be subjected to capital punishment, ruling that no one under the age of 18 at the time of their crime could be sentenced to death. The present article discusses the legal context and rationale by which the Court established the current age-based limit on death penalty eligibility as well as the scientific basis for a recent American Psychological Association Resolution that recommended extending that limit to include members of the “late adolescent class” (i.e., persons from 18 to 20 years old). In addition, we present new data that address the little-discussed but important racial/ethnic implications of these age-based limits to capital punishment, both for the already established Roper exclusion and the APA-proposed exclusion for the late adolescent class. In fact, a much higher percentage of persons in the late adolescent class who were sentenced to death in the post-Roper era were non-White, suggesting that their age-based exclusion would help to remedy this problematic pattern.
- Document type Academic report
- Countries list United States
Document(s)
Estimating the effect of death penalty moratoriums on homicide rates using the synthetic control method
By Stephen N. Oliphant, on 18 September 2022
2022
Academic report
Moratorium
United States
More details See the document
Research examining death penalty deterrence has been characterized as inconclusive and uninformative. The present analysis heeds a recommendation from prior research to examine single-state changes in death penalty policy using the synthetic control method. Data from the years 1979–2019 were used to construct synthetic controls and estimate the effects of death penalty moratoriums on homicide rates in Illinois, New Jersey, Washington, and Pennsylvania. Moratoriums on capital punishment resulted in nonsignificant homicide reductions in all four states.
- Document type Academic report
- Countries list United States
- Themes list Moratorium
Document(s)
(Not) Talking about Capital Punishment in the Xi Jinping Era
By Tobias Smith, Matthew Robertson and Susan Trevaskes, on 1 September 2022
2022
Academic report
China
More details See the document
An investigation into the death penalty in the People’s Republic of China in the Xi Jinping era (2012–) shows that unlike previous administrations, Xi does not appear to have articulated a signature death penalty policy. Where policy in China is unclear, assessing both the quality and frequency of discourse on the topic can provide evidence regarding an administration’s priorities.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Academic report
- Countries list China
Document(s)
Framing Death Penalty Politics in Malaysia
By Thaatchaayini Kananatu, on 1 September 2022
Academic report
Malaysia
More details See the document
The death penalty in Malaysia is a British colonial legacy that has undergone significant scrutiny in recent times. While the Malaysian Federal Constitution 1957 provides that ‘no person shall be deprived of his life or personal liberty save in accordance with law’, there are several criminal offences (including drug-related crimes) that impose the mandatory and discretionary death penalty. Using Benford and Snow’s framing processes, this paper reviews death penalty politics in Malaysia by analysing the rhetoric of abolitionists and retentionists. The abolitionists, comprising activist lawyers and non-government organisations, tend to use ‘human rights’ and ‘injustice’ frames, which humanise the ‘criminal’ and gain international support. The retentionists, such as victims’ families, use a ‘victims’ justice’ frame emphasising the ‘inhuman’ nature of violent crimes. In addition, the retentionist state shifts between ‘national security’ and ‘national development’ frames. This paper finds that death penalty politics in Malaysia is predominantly a politics of framing.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Academic report
- Countries list Malaysia
Document(s)
Holdouts in the South Pacific: Explaining Death Penalty Retention in Papua New Guinea and Tonga
By Daniel Pascoe and Andrew Novak, on 1 September 2022
Academic report
Papua New Guinea
Tonga
More details See the document
The South Pacific forms a cohesive region with broadly similar cultural attributes, legal systems and colonial histories. A comparative analysis starts from the assumption that these countries should also have similar criminal justice policies. However, until 2022, both Papua New Guinea and Tonga were retentionist death penalty outliers in the South Pacific, a region home to seven other fully abolitionist members of the United Nations. In this article, we use the comparative method to explain why Papua New Guinea and Tonga have pursued a different death penalty trajectory than their regional neighbours. Eschewing the traditional social science explanations for death penalty retention, we suggest two novel explanations for ongoing retention in Papua New Guinea and Tonga: the law and order crisis in the former and the traditionally powerful monarchy in the latter.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Academic report
- Countries list Papua New Guinea / Tonga
Document(s)
Ambivalent Abolitionism in the 1920s: New South Wales, Australia
By Carolyn Strange, on 1 September 2022
Academic report
Australia
More details See the document
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 See the document
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)
Politics of International Advocacy Against the Death Penalty: Governments as Anti–Death Penalty Crusaders
By Mai Sato, on 1 September 2022
Academic report
More details See the document
Two-thirds of the countries worldwide have moved away from the death penalty in law or in practice, with global and regional organisations as well as individual governments working towards universal abolition. This article critically examines the narratives of these abolitionist governments that have abolished the death penalty in their country and have adopted the role of ‘moral crusaders’ (Becker 1963) in pursuit of global abolition. In 2018, the Australian Government, while being surrounded by retentionist states in Asia, joined the anti–death penalty enterprise along with the European Union, the United Kingdom and Norway. Using the concepts of ‘moral crusader’ (Becker 1963) and ‘performativity’ (Butler 1993), this article argues that advocacy must be acted on repeatedly for governments to be anti–death penalty advocates. Otherwise, these government efforts serve political ends in appearance but are simply a self-serving form of advocacy in practice.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Academic report