Capital Punishment New Perspectives 1st Edition by Peter Hodgkinson 1472412206 9781472412201

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ISBN 10: 1472412206 

ISBN 13: 9781472412201

Author: Peter Hodgkinson

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.

Table of contents:

Part I New Perspectives and Challenging Questions
1 A Critique of Litigation and Abolition Strategies: A Glass Half Empty
Introduction
Strategies for Abolition: Acts and Actors
Abolition’s Multinationals
Abolition Activities: A Cost-benefit Analysis
The Moratorium: An Opportunity to Delay?
Abolition in Post-conflict States
Strategic Capital Litigation in Commonwealth Countries: Collateral Benefit or Collateral Damage?
Uganda
Prior to Kigula
Kigula – the Litigation Process
Kigula: Proud Legacy or Squandered Opportunity?
Malawi and Kenya: More Collateral Damage?
Alternatives to the Death Sentence
The Rationale for Life Meaning Life30
Conclusion
References

2 Juvenile Death Penalty in Islamic Countries: The Road to Abolition is Paved with Paradox
The Story of the Juvenile Death Penalty in Islamic Countries
Saudi Arabia
Sudan
Yemen
Pakistan
Nigeria
Iran
Killing Kids: The Widening Divide between the United States and Iran
Criminal Liability Age in Islam
Practical Challenges: From Diminished Responsibility to Hudud-avoidance in Cases of Doubt
The Future of the Juvenile Death Penalty in Islamic Countries

3 Talking to Each Other in the Dark: The American Abolition Movement and the Christian Opportunity
Introduction
The Problem of Closed Circles
Finding and Talking to the Right Audience
The Trial of Jesus as a Death Penalty Argument
Conclusions
References

4 Non-refoulement Obligations Under International Law in the Context of the Death Penalty
Brief Remarks on Non-refoulement in Human Rights Law
The Absolute Non-refoulement Obligation of Abolitionist States
Assurances in Cases where there is a Real Risk of the Death Penalty
Concluding Observations
References

5 Victims: Transforming the Death Penalty Debate
Introduction
Why the Survivors Matter
The Past: Using Murder Victims’ Family Members to Support the Death Penalty
The Lives of Murder Victims Can Only be Vindicated by the Ultimate Punishment: Death
Murder Victims’ Family Members Need the Killer of their Loved One to be Executed to Achieve ‘Closure’ for their Grief
The Present and Future: Murder Victims’ Family Members Taking the Lead in Opposing Executions
New Jersey
New York
New Mexico
Illinois
Connecticut
Conclusion
References

6 The Greater Stigma? Family Visits to the Condemned
International Standards and the Worldwide Trend on the Death Penalty
Secrecy and the Death Penalty
Death Row: Contact with Family Members
International Standards on Imprisonment
After the Death Penalty: Practice in European States
Final Meetings, Final Words
Concluding Thoughts
References

7 Children of Parents Sentenced to Death
Existing Research on the Impacts of the Death Sentence on the Children of the Accused
Issues to Consider
The Scale of the Impacts
Impacts on Children
Grief
The Nature of the Crime
Comparison Groups
Representative Samples
Children of Parents Sentenced to Death or Executed Compared with the Children of Long-term Prisoners
Media Attention
Children of Parents Sentenced to Death Compared with Children of Parents Who Died of Natural or Accidental Causes
Victims in Need of Recognition and Support
Children of the Murdered Compared with Children of the Executed
Grief: Unsanctioned, Unresolved and Disenfranchised
Different Crimes, Different Contexts, Different Responses
Perception of Victimization and Disparities in the Administration of the Death Penalty
Emotional and Behavioural Responses: Shame, Guilt and Anger
Inter-generational Trauma
A Cruel, Inhuman and Degrading Treatment or Punishment?
Conclusion
References

8 Death Penalty Internships in the American South
Introduction
The Southern Internship Programme
Working with Clients
Visiting Prisons and Jails
Investigation
Encountering the Clients’ Communities
Researching Claims
Interviewing Jurors
Dealing with an Execution
The Impact of the Internships

Part II Country Perspectives
9 Reconciling Human Rights and the Application of the Death Penalty in Malawi: The Unfulfilled Promise of Kafantayeni v. Attorney General
Introduction
The Mandatory Death Penalty
The Death Penalty in Malawi
Abolition of the Mandatory Death Penalty in the Commonwealth Caribbean
Abolition of the Mandatory Death Penalty in Africa
Consideration of Mitigating Circumstances after the Mandatory Death Penalty’s Demise
General Principles of Mitigation
Jurisprudence from Uganda and the Caribbean
Uganda: The Bwenge Patrick decision
Caribbean re-sentencing hearings
Cross-cultural Issues in Mitigation
Implementation of the Kafantayeni Judgment
Overview of Malawi’s Judicial System
The Kafantayeni Judgment
Prospective and Retroactive Implementation of Kafanteyani
New sentences for murder convictions
Death penalty appeals
Final convictions
Is Commutation an Acceptable Alternative to Re-sentencing?
Offenders Sentenced to the Mandatory Death Penalty in Malawi
Juveniles
Elderly Prisoners and Health Problems
Case Facts
Pre-arrest Background
Behaviour in Prison and Capacity for Rehabilitation
Prison Conditions
Individual Mitigation Stories
Realizing Kafantayeni’s Promise
Barriers to Implementing Sentencing Principles: A Comparative View
Creating a Realistic Protocol for Capital Sentencing Proceedings
Conclusion
References

10 Taiwan: Cutting the Gordian Knot – Applying Article 16 of the ICCPR to End Capital Punishment
I Introduction
II The Death Penalty Debate Surrounding the ICCPR
i Background and History of the ICCPR
ii Article 6 of the ICCPR
iii Article 7 of the ICCPR
III Article 16: An Elegant Solution to an Intricate Conundrum
i Interpretative Rules of Treaties
ii Prohibition against Capital Punishment under Article 16
1 The inapplicability of originalism
2 Capital punishment and the right to recognition as a person
IV A Fresh Look at Capital Punishment
i Background and History of Capital Punishment in Taiwan
ii The ICCPR and Taiwan
iii A Fresh Interpretation of the ICCPR
V Conclusion
References

11 Transnational Networks and Norm Compliance: Stopping Executions in Belarus
Introduction
The Strength of the Norm against the Death Penalty
The Transnational Network Operating in Belarus
Norm Socialization Mechanisms
Strategic Calculation and Conditionality
From Role-playing to Linkage and Leverage Mechanisms
Abolishing the Death Penalty in Belarus: One Step Forward, Two Steps Back
Costs and Benefits of Abolishing the Death Penalty in Belarus
Domestic Adoption Costs
The Size of Rewards
Credibility
Linkage and Leverage in Belarus
Conclusion
References

12 Afghanistan: Death Penalty at the Crossroads
Introduction
I Historical Perspective on Afghanistan’s Death Penalty
II The Current State of the Death Penalty in Afghanistan
Legal Basis for Capital Punishment
The Sentencing Process
The Death Penalty Since the Fall of The Taliban in 2001
Karzai’s Reluctance to Execute
Resistance to International Influence
International Resistance
III Observing Rule of Law: Case Studies of Recent Death Row Prisoners
The Interviews
In Their Own Words …
Analysis
IV Capital Sentencing Discredited by due Process Challenges in the Justice Sector

13 The Death Penalty in Canada: Ethnicity, Abolition and the Current Debate
Introduction
Literature Review
Capital Punishment Since 1867 and its Relationship to Ethnicity, Gender and Nationality
Data
Method
Origins of capital defendants
European defendants
Aboriginal defendants
People of colour
Over-representation
Females
Religion
Summary of Findings
The Current Debate
International Obligations
Extradition
Clemency Support
The Position of the Canadian Government Since Abolition
Conclusion
References
Report
Online Publications

14 Successful Capital Litigation in Uganda: A Counterintuitive Approach?
Introduction
Legal Landscape
Abolition of the Mandatory Death Penalty: Kigula
The Meaning of a Life Sentence: Tigo
The Ugandan Penal System: Capital Offences in Context
Capital Offence Charges
Capital Offence Trials
Ugandan Prisons
Conclusion
References

15 The End of the End: Understanding the Paradox of Capital Sentencing in Liberia
The Legal Status of the Death Penalty in Liberia
The 2008 Amendment to the Penal Code
Rule of Law, the Death Penalty and International Justice
War Crimes Trials and the Death Penalty: The Rwandan Example
Conclusion
References

16 The Political Use of Capital Punishment in Communist Romania between 1969 and 1989
Introduction
1969: A New Penal Code
The Campaign against (Economic) Criminality
The Traitors
1989 and the Abolition
Conclusions

17 Capital Punishment in Vietnam: Status and Perspective
A Brief History of Capital Punishment in Vietnam
Capital Punishment: Modern Criminal Codes of Vietnam
Procedures to Impose and Implement Capital Punishment in Vietnam: A Summary
Transparency in the Application of Capital Punishment in Vietnam
The Trend Regarding Capital Punishment in Vietnam
References

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Tags: Peter Hodgkinson, Punishment, Capital, Perspectives