Pub Date : 2019-11-04DOI: 10.4337/9781786433251.00029
Jon Yorke, Amna Nazir
The utopia of a world without the death penalty is the approaching good place, the better country, and this chapter sets out a multi-disciplinary analysis of how global abolition can be achieved. Upon the horizon, sovereignty used to occupy a stalwart place casting an imposing shadow of the possibility of the death penalty, and it effectively placed those within the worst aspect of human government; the initiation of a criminal justice thanatos. But following the solidification of the international human rights project the death penalty can no longer be applied as a manifestation of acceptable sovereign power. If executions do occur, they are revealed the world over for what they are – inhumane acts of shameful narcissism and expressions of dystopian horror; they brutalize those with whom they come into contact. The emerging utopia of global abolition is composed of a growing number of countries that are encouraged and empowered by the United Nations and the other political regions, with the support of the network of nongovernmental organizations. The seeds for the demise of the death penalty were planted by the imagination of the authors of utopian fiction and these valiant expositors have been emulated and reflected within the practical examples that have paved the way for the removal of the punishment globally.
{"title":"Imagining utopia: the global abolition of the death penalty","authors":"Jon Yorke, Amna Nazir","doi":"10.4337/9781786433251.00029","DOIUrl":"https://doi.org/10.4337/9781786433251.00029","url":null,"abstract":"The utopia of a world without the death penalty is the approaching good place, the better country, and this chapter sets out a multi-disciplinary analysis of how global abolition can be achieved. Upon the horizon, sovereignty used to occupy a stalwart place casting an imposing shadow of the possibility of the death penalty, and it effectively placed those within the worst aspect of human government; the initiation of a criminal justice thanatos. But following the solidification of the international human rights project the death penalty can no longer be applied as a manifestation of acceptable sovereign power. If executions do occur, they are revealed the world over for what they are – inhumane acts of shameful narcissism and expressions of dystopian horror; they brutalize those with whom they come into contact. The emerging utopia of global abolition is composed of a growing number of countries that are encouraged and empowered by the United Nations and the other political regions, with the support of the network of nongovernmental organizations. The seeds for the demise of the death penalty were planted by the imagination of the authors of utopian fiction and these valiant expositors have been emulated and reflected within the practical examples that have paved the way for the removal of the punishment globally.","PeriodicalId":348391,"journal":{"name":"Comparative Capital Punishment","volume":"372 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124663183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-04DOI: 10.4337/9781786433251.00008
Richard C. Dieter
{"title":"Introduction: international perspectives on the death penalty","authors":"Richard C. Dieter","doi":"10.4337/9781786433251.00008","DOIUrl":"https://doi.org/10.4337/9781786433251.00008","url":null,"abstract":"","PeriodicalId":348391,"journal":{"name":"Comparative Capital Punishment","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121957979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-04DOI: 10.4337/9781786433251.00010
Delphine Lourtau
{"title":"Deserving of death: the changing scope of capital offenses in an age of death penalty decline","authors":"Delphine Lourtau","doi":"10.4337/9781786433251.00010","DOIUrl":"https://doi.org/10.4337/9781786433251.00010","url":null,"abstract":"","PeriodicalId":348391,"journal":{"name":"Comparative Capital Punishment","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133380768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-04DOI: 10.4337/9781786433251.00013
Bharat Malkani
{"title":"Extradition and non-refoulement","authors":"Bharat Malkani","doi":"10.4337/9781786433251.00013","DOIUrl":"https://doi.org/10.4337/9781786433251.00013","url":null,"abstract":"","PeriodicalId":348391,"journal":{"name":"Comparative Capital Punishment","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130868310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-04DOI: 10.4337/9781786433251.00014
Sandra L. Babcock
{"title":"An unfair fight for justice: legal representation of persons facing the death penalty","authors":"Sandra L. Babcock","doi":"10.4337/9781786433251.00014","DOIUrl":"https://doi.org/10.4337/9781786433251.00014","url":null,"abstract":"","PeriodicalId":348391,"journal":{"name":"Comparative Capital Punishment","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126699690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-04DOI: 10.4337/9781786433251.00027
Mai Sato
{"title":"Reframing the debate on attitudes towards the death penalty","authors":"Mai Sato","doi":"10.4337/9781786433251.00027","DOIUrl":"https://doi.org/10.4337/9781786433251.00027","url":null,"abstract":"","PeriodicalId":348391,"journal":{"name":"Comparative Capital Punishment","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115171130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-04DOI: 10.4337/9781786433251.00022
W. Schabas
{"title":"International law and the abolition of the death penalty","authors":"W. Schabas","doi":"10.4337/9781786433251.00022","DOIUrl":"https://doi.org/10.4337/9781786433251.00022","url":null,"abstract":"","PeriodicalId":348391,"journal":{"name":"Comparative Capital Punishment","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133002572","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-04DOI: 10.4337/9781786433251.00025
Saul Lehrfreund
{"title":"Undoing the British colonial legacy: the judicial reform of the death penalty","authors":"Saul Lehrfreund","doi":"10.4337/9781786433251.00025","DOIUrl":"https://doi.org/10.4337/9781786433251.00025","url":null,"abstract":"","PeriodicalId":348391,"journal":{"name":"Comparative Capital Punishment","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124656938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-04DOI: 10.4337/9781786433251.00017
P. Jabbar
{"title":"Imposing a mandatory death penalty: a practice out of sync with evolving standards","authors":"P. Jabbar","doi":"10.4337/9781786433251.00017","DOIUrl":"https://doi.org/10.4337/9781786433251.00017","url":null,"abstract":"","PeriodicalId":348391,"journal":{"name":"Comparative Capital Punishment","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116504693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-04DOI: 10.4337/9781786433251.00019
C. Hoyle
Around the world, differential rates and experiences of victimization, criminalization and punishment can be largely accounted for by race, religion and citizenship.2 Death sentences and executions are extreme examples of the effects of disempowerment, disadvantage and discrimination on certain populations subject to the criminal process. While some groups recognized as vulnerable—such as juveniles, pregnant women or the intellectually disabled—are in most countries excluded from the ultimate penalty by categorical exemptions, characteristics such as race, religion and citizenship status are not protective and are sites of discrimination in the administration of the death penalty. Furthermore, these characteristics can interact with each other to create a sum of disadvantage greater than its parts. To date, most research on the death penalty has been conducted in the US and has focused on discrimination on grounds of race, although empirical research has also demonstrated the adverse impact of inadequate resources.3 Much less attention has been paid to factors such as religion, citizenship, gender and sexual orientation. Beyond the US, there is a paucity of empirical data on jurisdictions that make regular use of the death penalty, especially those that rely on migrant workers. This chapter will focus on under-researched countries in the Gulf and Asia, particularly Saudi Arabia, the United Arab Emirates (UAE), Pakistan, Malaysia and Indonesia. In such jurisdictions, we learn little by focusing only on race. There, it will be argued, discrimination and arbitrariness in the administration of the death penalty would be better understood in relation to disadvantage at the intersections of ethnicity, religion and citizenship. In considering these under-researched sites of discrimination and disadvantage, this chapter adopts an intersectionality approach, turning the lens on foreign nationals who do not enjoy
{"title":"Capital punishment at the intersections of discrimination and disadvantage: the plight of foreign nationals","authors":"C. Hoyle","doi":"10.4337/9781786433251.00019","DOIUrl":"https://doi.org/10.4337/9781786433251.00019","url":null,"abstract":"Around the world, differential rates and experiences of victimization, criminalization and punishment can be largely accounted for by race, religion and citizenship.2 Death sentences and executions are extreme examples of the effects of disempowerment, disadvantage and discrimination on certain populations subject to the criminal process. While some groups recognized as vulnerable—such as juveniles, pregnant women or the intellectually disabled—are in most countries excluded from the ultimate penalty by categorical exemptions, characteristics such as race, religion and citizenship status are not protective and are sites of discrimination in the administration of the death penalty. Furthermore, these characteristics can interact with each other to create a sum of disadvantage greater than its parts. To date, most research on the death penalty has been conducted in the US and has focused on discrimination on grounds of race, although empirical research has also demonstrated the adverse impact of inadequate resources.3 Much less attention has been paid to factors such as religion, citizenship, gender and sexual orientation. Beyond the US, there is a paucity of empirical data on jurisdictions that make regular use of the death penalty, especially those that rely on migrant workers. This chapter will focus on under-researched countries in the Gulf and Asia, particularly Saudi Arabia, the United Arab Emirates (UAE), Pakistan, Malaysia and Indonesia. In such jurisdictions, we learn little by focusing only on race. There, it will be argued, discrimination and arbitrariness in the administration of the death penalty would be better understood in relation to disadvantage at the intersections of ethnicity, religion and citizenship. In considering these under-researched sites of discrimination and disadvantage, this chapter adopts an intersectionality approach, turning the lens on foreign nationals who do not enjoy","PeriodicalId":348391,"journal":{"name":"Comparative Capital Punishment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131281914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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