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The Global Decline of the Mandatory Death Penalty

The Global Decline of the Mandatory Death Penalty
Author: Andrew Novak
Publisher: Routledge
Total Pages: 200
Release: 2016-03-16
Genre: Political Science
ISBN: 1317030273

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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
Author: Andrew Novak
Publisher:
Total Pages: 195
Release: 2014
Genre: Capital punishment
ISBN: 9781306840668

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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
Author: A. Novak
Publisher: Springer
Total Pages: 130
Release: 2014-04-16
Genre: Social Science
ISBN: 1137438770

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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.


The Decline of the Death Penalty and the Discovery of Innocence

The Decline of the Death Penalty and the Discovery of Innocence
Author: Frank R. Baumgartner
Publisher: Cambridge University Press
Total Pages: 10
Release: 2008-01-07
Genre: Political Science
ISBN: 1139469207

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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
Author: Carol S. Steiker
Publisher: Edward Elgar Publishing
Total Pages: 448
Release: 2019
Genre: Law
ISBN: 1786433257

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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 Global Decline of the Mandatory Death Penalty

The Global Decline of the Mandatory Death Penalty
Author: Andrew Novak
Publisher: Routledge
Total Pages: 195
Release: 2016-03-16
Genre: Political Science
ISBN: 1317030281

Download The Global Decline of the Mandatory Death Penalty Book in PDF, ePub and Kindle

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.


Capital Punishment: New Perspectives

Capital Punishment: New Perspectives
Author: Peter Hodgkinson
Publisher: Routledge
Total Pages: 409
Release: 2016-04-08
Genre: Social Science
ISBN: 1317169905

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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.


Against the Death Penalty

Against the Death Penalty
Author: Jon Yorke
Publisher: Ashgate Publishing, Ltd.
Total Pages: 344
Release: 2008
Genre: Law
ISBN: 9780754674139

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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.


The Death Penalty

The Death Penalty
Author: Roger Hood
Publisher: OUP Oxford
Total Pages: 480
Release: 2015-01-08
Genre: Political Science
ISBN: 0191005304

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The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.


The Case Against the Death Penalty

The Case Against the Death Penalty
Author: Hugo Adam Bedau
Publisher:
Total Pages: 0
Release: 1984
Genre: Capital punishment
ISBN: 9780914031017

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