The Global Decline of the Mandatory Death Penalty

The Global Decline of the Mandatory Death Penalty PDF Author: Andrew Novak
Publisher: Routledge
ISBN: 1317030273
Category : Political Science
Languages : en
Pages : 200

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Book Description
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.

The Global Decline of the Mandatory Death Penalty

The Global Decline of the Mandatory Death Penalty PDF Author: Andrew Novak
Publisher: Routledge
ISBN: 1317030273
Category : Political Science
Languages : en
Pages : 200

Get Book

Book Description
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.

Global Decline of the Mandatory Death Penalty

Global Decline of the Mandatory Death Penalty PDF Author: Andrew Novak
Publisher:
ISBN: 9781306840668
Category : Capital punishment
Languages : en
Pages : 195

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Book Description
Over the last three decades many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, this book examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia.

The Death Penalty in Africa: Foundations and Future Prospects

The Death Penalty in Africa: Foundations and Future Prospects PDF Author: A. Novak
Publisher: Springer
ISBN: 1137438770
Category : Social Science
Languages : en
Pages : 122

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Book Description
In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital punishment in Africa in terms of culturally specific notions of life and death as well as the colonial-era imposition of criminal and penal policy.

Capital Punishment: New Perspectives

Capital Punishment: New Perspectives PDF Author: Mr Peter Hodgkinson
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472412222
Category : Law
Languages : en
Pages : 443

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Book Description
This collection asks questions about the received wisdom of the debate about capital punishment. Woven through the book, questions are asked of, and remedies proposed for, a raft of issues identified as having been overlooked in the traditional discourse. It provides a long overdue review of the disparate groups and strategies that lay claim to abolitionism. The authors argue that capital litigators should use their skills challenging the abuses not just of process, but of the conditions in which the condemned await their fate, namely prison conditions, education, leisure, visits, medical services, etc. In the aftermath of successful constitutional challenges it is the beneficiaries (arguably those who are considered successes, having been ‘saved’ from the death penalty and now serving living death penalties of one sort or another) who are suffering the cruel and inhumane alternative. Part I of the book offers a selection of diverse, nuanced examinations of death penalty phenomena, scrutinizing complexities frequently omitted from the narrative of academics and activists. It offers a challenging and comprehensive analysis of issues critical to the abolition debate. Part II offers examinations of countries usually absent from academic analysis to provide an understanding of the status of the debate locally, with opportunities for wider application.

The Decline of the Death Penalty and the Discovery of Innocence

The Decline of the Death Penalty and the Discovery of Innocence PDF Author: Frank R. Baumgartner
Publisher: Cambridge University Press
ISBN: 1139469207
Category : Political Science
Languages : en
Pages : 10

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Book Description
Since 1996, death sentences in America have declined by more than 60 percent, reversing a generation-long trend toward greater acceptance of capital punishment. In theory, most Americans continue to support the death penalty. But it is no longer seen as a theoretical matter. Prosecutors, judges, and juries across the country have moved in large numbers to give much greater credence to the possibility of mistakes - mistakes that in this arena are potentially fatal. The discovery of innocence, documented in this book through painstaking analyses of media coverage and with newly developed methods, has led to historic shifts in public opinion and to a sharp decline in use of the death penalty by juries across the country. A social cascade, starting with legal clinics and innocence projects, has snowballed into a national phenomenon that may spell the end of the death penalty in America.

Comparative Capital Punishment

Comparative Capital Punishment PDF Author: Carol S. Steiker
Publisher: Edward Elgar Publishing
ISBN: 1786433257
Category : Law
Languages : en
Pages : 448

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Book Description
Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.

The Death Penalty

The Death Penalty PDF Author: Roger Hood
Publisher: Oxford University Press, USA
ISBN: 0199228469
Category : Law
Languages : en
Pages : 500

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Book Description
This new edition of a classic study assesses the global status of capital punishment. As in previous editions, this work draws on Roger Hood's experiences as consultant to the United Nations for the Secretary General's five-yearly surveys of capital punishment as well as the latest literature from non-governmental organizations and academic experts. This edition examines significant developments around the world including the Chinese plan for the People's Supreme Court to review all death sentences, and the abolition in the USA of the death penalty for offenders who committed murder while under the age of 18. Recent legal challenges to lethal injection as a form of execution are also examined. This edition also includes an additional chapter on the role and influence of victims' families and victim interest movements. This volume shows how, despite a number of set-backs, the movement to abolish the death penalty has continued to gather pace; that international organizations and human rights treaties continue to put pressure on retentionist countries; that further developments have been made in securing protection for those facing the death penalty in retentionist counties; and that, despite such advances, in some parts of the world the range of crimes subject to the death penalty remains wide and the number of executions considerable. This work engages with the latest debates on the realities of capital punishment, with claims that the death penalty is a unique deterrent to murder and other serious crimes, and contains expanded coverage of arguments about the role of public opinion in the debate on capital punishment.

The Global Decline of the Mandatory Death Penalty

The Global Decline of the Mandatory Death Penalty PDF Author: Andrew Novak
Publisher: Routledge
ISBN: 1317030281
Category : Political Science
Languages : en
Pages : 200

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Book Description
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.

Against the Death Penalty

Against the Death Penalty PDF Author: Jon Yorke
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754674139
Category : Law
Languages : en
Pages : 344

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Book Description
This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse.

Executions in the United States, 1608-1987

Executions in the United States, 1608-1987 PDF Author: M. Watt Espy
Publisher: Inter-University Consortium for Political & Social Research
ISBN:
Category : Social Science
Languages : en
Pages : 124

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Book Description
This study furnishes data on executions performed in the United States under civil authority. It includes a description of each individual executed and the circumstances surrounding the crime for which the person was convicted. Variables include age, race, name, sex, and occupation of the offender, place, jurisdiction, date and method of execution and the crime for which the offender was executed.