INDEX

The purpose of this paper is to offer a critique and commentary on the European agenda on the abolition of the death penalty, and in so doing the author has relied heavily on the contributions made by a number of commentators to the recent Council of Europe publication, “The Death Penalty: Abolition in Europe”.

• Document type Article
• Themes list International law, Trend Towards Abolition,

In her paper, Professor Kimberly J. Cook uses statistics to illustrate the role the Christian Right plays in the public discourse over two issues permeated with religious overtones: abortion and the death penalty. She shows how the Christian Right’s approach to these issues is based on an ideological notion of ‘Justice ” that is primarily focused on vengeance and punishment, to the exclusion of forgiveness. Professor Cook’s exploration of the modern roots of this ideology leads to a movement dating from the 1960s known as Christian Reconstructionism, which advocates using state action to enforce its unique interpretation of “God’s Will.” This interpretation not only advocates an expansive view of the death penalty, but also patriarchal gender roles backed by force of law, religious intolerance, and the manifest goal of establishing a global Christian theocracy. Though it has been publicly disavowed by mainstream Christian Fundamentalists, Professor Cook argues that Reconstructionism has become the cornerstone of the Christian Right. To support this assertion, she compares current Christian Right socio-political goals with Reconstructionist theology. Professor Cook concludes with a warning that the Christian Right’s political power, coupled with its Reconstructionist influenced ideology, places our constitutional protections at risk.

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

This Ratification Kit is designed for government decision-makers. It gives the procedure to ratify or accede to the Protocol and arguments to convince target countries to endorse it. Governments are not likely to have an expert understanding of the Second Optional Protocol. This document may contain answers to government concerns that will be addressed to you during your lobbying action.

• Document type Article
• Countries list Marshall Islands
• Themes list International law,

This review addresses four key issues in the modern (post-1976) era of capital punishment in the United States. First, why has the United States retained the death penalty when all its peer countries (all other developed Western democracies) have abolished it? Second, how should we understand the role of race in shaping the distinctive path of capital punishment in the United States, given our country’s history of race-based slavery and slavery’s intractable legacy of discrimination? Third, what is the significance of the sudden and profound withering of the practice of capital punishment in the past two decades? And, finally, what would abolition of the death penalty in the United States (should it ever occur) mean for the larger criminal justice system?

• Document type Article
• Countries list United States
• Themes list Country/Regional profiles,

An unexpected feature of the modern death penalty is the fact that most persons sentenced to death are not executed […]. Death sentences are remarkably poor predictors of who will ultimately be executed. An even more salient feature of the death penalty is the fat that race matters […]. Rarity and race, then, stand as hallmarks of the American death penalty. But until now the interaction of these two phenomena has not been studied. This Article examines whether race is relevant for understanding the fate of the unfortunate few […]. By combining Baldus’s sentencing data whith original execution data, we demonstrate that the overall execution is susbsentially greater for defendants convicted of killing a white victim than for those convicted of killing a Black victim.

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

This article reports the results of a two-part investigation of psychological assessments proposed as expert evidence in legal context.

• Document type Article
• Countries list United States
• Themes list Mental Illness, Death Penalty,

In the judicial discourse on the relationship between human sacrifice and punishment in criminal law, there are glaring errors. Looking closely at the Supreme Court’s judgment in Ishwari Lal Yadav v State of Chhattisgarh, the deviation from the principle of individualised sentencing and the consequences of ignoring evidence on the complex anthropological and psychological dimensions of human sacrifice are reflected upon.

• Document type Article
• Countries list India
• Themes list Hanging,

The racial dimensions of the death penalty are well-documented. Many observers assume this state of affairs derives from bias—often implicit and occasionally explicit—against black defendants in particular. Research points to an even more alarming factor. The race of the victim, not the defendant, steers cases in the direction of death. Regardless of the perpetrator’s race, those who kill whites are more likely to face capital charges, receive a death sentence, and die by execution than those who murder blacks. This short Essay adds a contemporary gloss to the race-of-victim effect literature, placing it in the context of the Black Lives Matter movement and showing how it relates to the broader, systemic devaluation of African-American lives.

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

This article draws on two original empirical research projects that explored judges’ opinions on the retention and administration of capital punishment in India and Bangladesh. The data expose justice systems marred by corruption, incompetence, abuses of due process, and arbitrary and inconsistent treatment of defendants from arrest through to conviction and sentencing. It shows that those with the power to sentence to death have little faith in the integrity of the criminal process. Yet, a startling paradox emerges from these studies; despite personal knowledge of its flaws, judges have trust in the death penalty to deter crime and to realise other sentencing aims and feel retention benefits society. This is explained by reference to utilitarian values. Not only did our judges express strongly utilitarian justifications for sentencing people to death, in terms of their erroneous belief in its deterrent effect, but some also articulated utilitarian justifications for misconduct in pre-trial processes, suggesting that it was necessary to break the rules to secure convictions when the system was dysfunctional and ineffective.

• Document type Article
• Countries list Bangladesh
• Themes list Arbitrariness, Death Penalty,

This article deals with one of the main arguments of defenders of the capital sentence: is the death penalty a source of relief for the victims?

• Document type Article
• Countries list United States
• Themes list Public debate, Death Penalty,