INDEX



Document(s)

Italian : La condanna a morte di Saddam Hussein. Riflessioni sul divieto di pena capitale e sulla “necessaria sproporzione” della pena nelle gross violations

By Massimo Donini / Diritti Umani E Diritto Internazionale, on 8 September 2020


2020

Article

Iraq


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L’articolo prende in considerazione la condanna a morte di Saddam Hussein e sottolinea come il principio di compensazione che sta alla base di numerosi ragionamenti a favore della pena di morte sia del tutto inapplicabile nel caso di violazioni dei diritti umani quali quelle compiute dal dittatore iracheno. Partendo da questa constatazione l’autore passa poi a descrivere come il valore di una persona non sia legato solamente alle proprie gesta e conclude che la pena di morte vada rifiutata proprio a causa dell’impossibilità di misurare la distanza tra il valore della vita di una persona e le sue azioni.

  • Document type Article
  • Countries list Iraq
  • Themes list Networks,

Document(s)

Killing the Willing: “Volunteers,” Suicide and Competency

By John H. Blume / Michigan Law Review, on 8 September 2020


Article

United States


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Every death-row volunteer inevitably presents us with the following question: Should a death-row inmate who wishes to waive his appeals be viewed as a client making a legal decision to accept the justness of his punishment, or as a person seeking the aid of the state in committing suicide?

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

Document(s)

The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes, January 1, 1973 – February 28, 2005

By Victor Streib / Ohio Northern University, on 8 September 2020


Article

United States


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This is Issue #77, the final issue of these periodic reports, having first been launched on June 15, 1984. On that date, the death penalty for juvenile offenders (defined as those under age 18 at the time of their crimes) was an obscure issue in law as well as in political and social arenas. During the last twenty-one years, these reports have been with us (1) through the intense litigation of the late 1980s, (2) through our society’s near hysteria about violent juvenile crime in the 1990s, (3) into the era of the international pressure on the United States to abandon this practice, and (4) now at the end of this practice. The validity and influence of these reports is indicated by thecitations to them in the opinions of leading courts, including the United States Supreme Court: Roper v. Simmons, 125 S.Ct. 1183, 1192, 1193, 1210, 1211, 1221 (2005); In re Stanford, 537 U.S. 968, 971 (2002); and Stanford v. Kentucky, 492 U.S. 361, 373 (1989). In the litigation leading up to the final juvenile death penalty case before the United States Supreme Court (Roper v. Simmons, 125 S.Ct. 1183 (2005)), the Missouri Supreme Court majority opinion included 12 citations to these reports: See Simmons v. Roper, 112 S.W.3d 397, 408, 409, 411 (Mo. 2003). This final issue of this periodic report is intended to document the status of the death penalty for juvenile offenders as ofthe day before the United States Supreme Court held this practice to be unconstitutional. These reports sketch the characteristics of the juvenile offenders and their crimes who have been sentenced to death, who have been executed, and who are currently under death sentences. —- See bottom left hand corner of web page.

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

Document(s)

Japanese : 特集/死刑を考える

By 現代人文社編集部・編 / 季刊刑事弁護, on 8 September 2020


Article

Japan


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【特集】死刑を考える・死刑代替刑としての終身刑・死刑廃止議員連盟の法案作成課程を振り返る・死刑廃止をめぐる最近の国際的動向・死刑求刑検察官上告5事件以降の死刑判決の分析・共犯事件の死刑適用基準・死刑判決に対する被告人による上訴取下げの問題点

  • Document type Article
  • Countries list Japan

Document(s)

Portuguese : A PENA DE MORTE NA LEGISLAÇÃO CRIMINAL COMUM DO BRASIL -O CASO MOTTACOQUEIRO E SUA REPERCUSSÃO

By SÉRGIO DA COSTA FRANCO, on 8 September 2020


Article

Brazil


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Este artigo trata da pena de morte dentro da legislação criminal brasileira, analisando algumas sanções impostas no período colonial, por meio do Livro V das Ordenações Filipinas, bem como da legislação pertinente no Brasil Império, pelo Código Criminal de 1830 e suas reformas de 1832 e 1835. Por fim, discorre sobre o processo Motta Coqueiro e sua repercussão na sociedade, após decisão condenatória do réu, posteriormente provado inocente, com o intuito de acabar com este tipo de penalidade no Brasil.

  • Document type Article
  • Countries list Brazil
  • Themes list Networks,

Document(s)

Explaining Death Row’s Population and Racial Composition

By Theodore Eisenberg / John Blume / Journal of Empirical Legal Studies / Martin T. Wells, on 8 September 2020


Article

United States


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Twenty-three years of murder and death sentence data show how murder demographics help explain death row populations. Nevada and Oklahoma are the most death-prone states; Texas’s death sentence rate is below the national mean. Accounting for the race of murderers establishes that black representation on death row is lower than black representation in the population of murder offenders. This disproportion results from reluctance to seek or impose death in black defendant-black victim cases, which more than offsets eagerness to seek and impose death in black defendant-white victim cases. Death sentence rates in black defendant-white victim cases far exceed those in either black defendant-black victim cases or white defendant-white victim cases. The disproportion survives because there are many more black defendant-black victim murders, which are underrepresented on death row, than there are black defendant-white victim murders, which are overrepresented on death row.

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

Document(s)

Courtroom Contortions: How America’s application of the death penalty erodes the principle of equal justice under law

By Anthony G. Amsterdam / American Prospect, on 8 September 2020


Article

United States


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One cost this country pays for the death penalty is that its courts are constantly compelled to corrupt the law in order to uphold death sentences. That corruption soils the character of the United States as a nation dedicated to equal justice under law.This is not the only price we pay for being one of the very few democracies in the world that retains capital punishment in the 21st century. But it is a significant item on the cost side of the cost-benefit ledger, something that each thinking person ought to balance in deciding whether he or she supports capital punishment. And it warrants discussion because this cost is little understood. I have spent much of my time for the past 40 years representing death-sentenced inmates in appeals at every level of the state and federal judicial systems, and I am only lately coming to realize how large a tax the death penalty imposes on the quality of justice in those systems.

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

Document(s)

Striving to Eliminate Unjust Executions: Why the ABA’s Individual Rights & Responsibilities Section Has Issued Protocols on Unfair Implementation of Capital Punishment

By Ronald J. Tabak / Ohio State Law Journal, on 8 September 2020


Article

United States


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The ABA concluded in 1997 that pervasive unfairness in capital punishment regimes warranted a halt to executions unless all of the systemic problems the ABA identified were corrected. Four years later, with those problems still pervasive, the ABA’s Section of Individual Rights and Responsibilities issued protocols designed to facilitate the evaluation of the fairness—or lack thereof—of a jurisdiction’s capital punishment system. The protocols are particularly timely because many state legislative bodies are authorizing, or considering authorizing, studies of death penalty implementation. The protocols provide an overview, a list of questions to consider, and recommendations with regard to each topic area they cover. While these are not exhaustive, and are not fully applicable in every death penalty jurisdiction, they should prove invaluable to any group seeking to seriously evaluate the manner in which capital punishment is actually administered today.

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

Document(s)

THE JURY IN THE TWENTY – FIRST CENTURY: AN INTERDISCIPLINARY CONFERENCE

By William J. Bowers / Ursula Bentele / Brooklyn Law Review, on 8 September 2020


Article

United States


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The first section below describes how, for many jurors, the decision about guilt appears to be so overwhelming that it prevents truly separate decision making about punishment. The second section focuses on the degree to which jurors feel constrained by what they view as a requirement to impose death if certain aggravating factors are present in the case. And finally, the third section explores the way in which mitigating evidence, even when it appears to have been extensive and credible, is ignored, devalued, or discredited.

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

Document(s)

An Ancient Precedent: Reflections on the Tale of Korea’s Abolitionist King

By Damien P. Horigan / Korean Journal of International and Comparative Law, on 8 September 2020


Article

Democratic People's Republic of Korea


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This article will first briefly describe the current situation in the two Koreas and the local anti-death penalty movement before turning to an examination of an ancient Korean precedent for abolition based on an understanding of Buddhist teachings.

  • Document type Article
  • Countries list Democratic People's Republic of Korea
  • Themes list Networks,