INDEX
Document(s)
The Decline of the Judicial Override
By Ben Cohen / Michael L. Radelet / Annual Review of Law and Social Science, on 1 January 2019
2019
Academic report
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This article discusses the role of judges in death determinations, identifying jurisdictions that initially (post-1972) allowed judge sentencing and naming the individuals who today remain under judge-imposed death sentences. The decisions guaranteeing a jury determination have so far been applied only to cases that have not undergone initial review in state courts. Key questions remain unresolved, including whether the evolving standards of decency permit the execution of more than 100 individuals who were condemned to death by judges without a jury’s death verdict before implementation of the rules that now require unanimous jury votes.
- Document type Academic report
- Themes list Due Process , Fair Trial,
Document(s)
Prosecutorial Discretion and Sentencing in Singapore
By Oxford University Commonwealth Law Journal / Kumaralingam Amirthalingam, on 1 January 2018
2018
Academic report
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Singapore recently amended its laws to replace the mandatory death penalty regime for murder and drug trafficking with a discretionary sentencing regime under certain conditions. One of the conditions with respect to drug trafficking was that the convicted trafficker had to be granted a certificate by the Public Prosecutor stating that the trafficker had provided substantive assistance that led to the disruption of drug trafficking activities. That decision is not subject to judicial review except under very narrow circumstances, protected in the same way as the constitutionally protected prosecutorial discretion.
- Document type Academic report
- Themes list Due Process , Fair Trial, Death Penalty,
Document(s)
Capital and punishment: Resource scarcity increases endorsement of the death penalty
By Arizona State University (ASU), on 1 January 2018
Academic report
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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)
3 questions to Ndume Olatushani, former death row prisoner
By Ensemble contre la peine de mort (ECPM), on 1 January 2018
Academic report
United States
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Ndume, 56 years old, spent 28 years in prison in the US, 20 of which on death row, for a crime he did not commit. Today, he is human rights activist, and fight with us for the abolition of the death penalty. He is also a very gifted painter.
- Document type Academic report
- Countries list United States
- Themes list Death Row Conditions, Death Penalty,
Document(s)
Death Qualification in Black and White: Racialized Decision Making and Death‐Qualified Juries
By Craig Haney / Mona Lynch / SSRN, on 1 January 2018
Academic report
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Death qualification has been shown to have a number of biasing effects that appear to undermine a capital defendant’s Sixth Amendment right to a fair jury. Attitudes toward the death penalty have shifted modestly but consistently over the last several decades in ways that may have changed the overall impact of death qualification. Specifically, the very large gap between black and white Americans’ current support for capital punishment raises the question of whether death qualification procedures disproportionately exclude African Americans from capital jury participation. In order to examine this possibility, we conducted two countywide death penalty attitude surveys in the California county that has the highest percentage of African American residents in the state. Results show that death qualification continues to have a number of serious biasing effects—including disproportionately excluding death penalty opponents—which result in the significant underrepresentation of African Americans. This creates a death‐qualified jury pool with the potential to be significantly more likely to ignore and even misuse mitigating factors and to rely more heavily on aggravating factors in their death penalty decision making. The implications of these findings for the fair administration of capital punishment are discussed.
- Document type Academic report
Document(s)
Justice Denied : A Global Study of Wrongful Death Row Convictions January 2018
By Sandra Babcock / Cornell Law School / Madalyn Wasilczuk and Sharon Pia Hickey / Delphine Lourtau / Katie Campbell / Julie Bloch, on 1 January 2018
Academic report
frMore details See the document
On March 7, 2018, the Cornell Center on the Death Penalty Worldwide launched its new report entitled Justice Denied: A Global Study of Wrongful Death Row Convictions at the United Nations in Geneva, Switzerland. The report is a first-of-its-kind comparative study of the risk factors that increase the likelihood of wrongful convictions. The report illuminates the similarities in wrongful conviction risk factors in six countries across the geographical and political spectrum: Cameroon, Indonesia, Jordan, Malawi, Nigeria, and Pakistan.
- Document type Academic report
- Themes list Innocence, Death Row Conditions, Death Penalty,
- Available languages Déni de justice : Une étude mondiale sur les erreurs judiciaires dans les couloirs de la mort
Document(s)
Public Opinion On The Death Penalty In Singapore: Survey Findings
By National University of Singapore / Chan Wing Cheong / Tan Ern Ser / Jack Lee / Braema Mathi, on 1 January 2018
Academic report
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Informations and survey findings about the public opinion on the death penalty in Singapore
- Document type Academic report
- Themes list Public opinion, Death Penalty,
Document(s)
Matters of Judgment
By National Law University, New Delhi Press, on 1 January 2017
2017
Academic report
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The aim of this study was to explore the opinions of former judges of the Supreme Court of India on the death penalty and more generally on the state of India’s criminal justice system as far as it was relevant to the death penalty. The study did not focus on the position that former judges took on the death penalty but was instead interested in understanding the reasons they saw for both abolition and retention. In addition to exploring those reasons, the study also wanted to map the understanding of the ‘rarest of rare’ doctrine among former judges and get insights into the manner in which judicial discretion is exercised in death penalty cases. Finally, we wanted to locate all these discussions on the death penalty in the context of an evaluation of the criminal justice system by the former judges.
- Document type Academic report
- Themes list Networks, Death Penalty, Country/Regional profiles,
Document(s)
Reforming Criminal Justice
By Arizona State University (ASU), on 1 January 2017
Academic report
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Reforming Criminal Justice is a four-volume report meant to enlighten reform efforts in the United States with the research and analysis of leading academics. Broken down into individual chapters—each authored by a top scholar in the relevant field—the report covers dozens of topics within the areas of criminalization, policing, pretrial and trial processes, punishment, incarceration, and release. The chapters seek to enhance both professional and public understanding of the subject matter, to facilitate an appreciation of the relevant scholarly literature and the need for reform, and to offer potential solutions. The ultimate goal is to increase the likelihood of success when worthwhile reforms are debated, put to a vote or otherwise considered for action, and implemented in the criminal justice system.
- Document type Academic report
- Themes list Due Process , Fair Trial, Legal Representation, Death Penalty,
Document(s)
In Defense of the Right to Life: International Law and Death Penalty in the Philippines
By Commission on Human Rights of the Philippines , on 1 January 2017
Academic report
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This study is a joint collaboration between international law expert Dr Christopher Ward SC, Senior Counsel of the New South Wales Bar and Adjunct Professor of the Australian National University, and the Commission on Human Rights of the Philippines.
- Document type Academic report
- Themes list International law, Death Penalty, Country/Regional profiles,