The Global Decline Of The Mandatory Death Penalty

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The Global Decline of the Mandatory Death Penalty

Andrew Novak
The Global Decline of the Mandatory Death Penalty Book PDF

Author : Andrew Novak
Publisher : Routledge
Page : 200 pages
File Size : 46,5 Mb
Release : 2016-03-16
Category : Political Science
ISBN : 9781317030270

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The Global Decline of the Mandatory Death Penalty by Andrew Novak Pdf

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

Andrew Novak
Global Decline of the Mandatory Death Penalty Book PDF

Author : Andrew Novak
Publisher : Unknown
Page : 195 pages
File Size : 48,7 Mb
Release : 2014
Category : Capital punishment
ISBN : 130684066X

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Global Decline of the Mandatory Death Penalty by Andrew Novak Pdf

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.

Comparative Capital Punishment

Carol S. Steiker,Jordan M. Steiker
Comparative Capital Punishment Book PDF

Author : Carol S. Steiker,Jordan M. Steiker
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 47,5 Mb
Release : 2019
Category : Law
ISBN : 9781786433251

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Comparative Capital Punishment by Carol S. Steiker,Jordan M. Steiker Pdf

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

Andrew Novak
The Global Decline of the Mandatory Death Penalty Book PDF

Author : Andrew Novak
Publisher : Routledge
Page : 200 pages
File Size : 54,8 Mb
Release : 2016-03-16
Category : Political Science
ISBN : 9781317030287

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The Global Decline of the Mandatory Death Penalty by Andrew Novak Pdf

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 Death Penalty in Africa: Foundations and Future Prospects

A. Novak
The Death Penalty in Africa Foundations and Future Prospects Book PDF

Author : A. Novak
Publisher : Springer
Page : 122 pages
File Size : 53,6 Mb
Release : 2014-04-16
Category : Social Science
ISBN : 9781137438775

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The Death Penalty in Africa: Foundations and Future Prospects by A. Novak Pdf

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

Mr Peter Hodgkinson
Capital Punishment New Perspectives Book PDF

Author : Mr Peter Hodgkinson
Publisher : Ashgate Publishing, Ltd.
Page : 443 pages
File Size : 53,7 Mb
Release : 2014-01-28
Category : Law
ISBN : 9781472412225

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Capital Punishment: New Perspectives by Mr Peter Hodgkinson Pdf

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 Death Penalty's Denial of Fundamental Human Rights

John Bessler
The Death Penalty s Denial of Fundamental Human Rights Book PDF

Author : John Bessler
Publisher : Cambridge University Press
Page : 387 pages
File Size : 46,8 Mb
Release : 2022-12-31
Category : Law
ISBN : 9781108845571

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The Death Penalty's Denial of Fundamental Human Rights by John Bessler Pdf

This book details how capital punishment violates universal human rights and traces the evolution of the world's understanding of torture.

Compliance with International Human Rights Law in Africa

Aderomola Adeola
Compliance with International Human Rights Law in Africa Book PDF

Author : Aderomola Adeola
Publisher : Oxford University Press
Page : 273 pages
File Size : 47,7 Mb
Release : 2022-02-03
Category : Law
ISBN : 9780192671110

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Compliance with International Human Rights Law in Africa by Aderomola Adeola Pdf

This collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.

Arcs of Global Justice

Margaret M. DeGuzman,Diane Marie Amann
Arcs of Global Justice Book PDF

Author : Margaret M. DeGuzman,Diane Marie Amann
Publisher : Oxford University Press
Page : 593 pages
File Size : 50,5 Mb
Release : 2018
Category : Law
ISBN : 9780190272654

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Arcs of Global Justice by Margaret M. DeGuzman,Diane Marie Amann Pdf

M. Cherif Bassiouni / Human rights and international criminal justice in the twenty first century : the end of the post-WWII phase and the beginning of an uncertain new era -- Thomas A. Cromwell and Bruno Gélinas-Faucher, William Schabas / The Canadian Charter of rights and freedoms, and international human rights law -- Emmanuel Decaux / The International Convention on the Protection of All Persons from Enforced Disappearance, as a victim-oriented treaty --Kathleen Cavanaugh and Joshua Castellino / The politics of sectarianism and its reflection in questions of international law & state formation in The Middle East -- Sandra L. Babcock / International law and the death penalty : a toothless tiger, or a meaningful force for change? -- Marc Bossuyt / The UN optional protocol on the abolition of the death penalty --Christof Heyns and Thomas Probert and Tess Borden / The right to life and the progressive abolition of the death penalty -- Zhao Bingzhi / Progress and trend of the reform of the death penalty in China -- Margaret M. DeGuzman / Criminal law philosophy in international criminal law scholarship -- Frédéric Mégret / Is the ICC focusing too much on non-state actors? -- Shane Darcy / The principle of legality at the crossroads of human rights and international criminal law -- Alain Pellet / Revisiting the sources of applicable law before the ICC -- Mireille Delmas-Marty / The ICC as a work in progress, for a world in process -- Carsten Stahn / Legacy in international criminal justice -- Andrew Clapham and Paola Gaeta / Torture by private actors and 'gold plating' the offence in national law : an exchange of emails in honour of William Schabas -- Hirad Abtahi and Philippa Webb / Secrets and surprises in the Travaux préparatoires of the genocide convention -- Jérémie Gilbert / Perspectives on cultural genocide : from criminal law to cultural diversity -- Beth Van Schaack / Crimes against humanity : repairing Title 18's blind spots -- Leila Nadya Sadat / A new global treaty on crimes against humanity : future prospects -- Mark A. Drumbl / Justice outside of criminal courtrooms and jailhouses -- Charles Chernor Jalloh / Toward greater synergy between courts and truth commissions in post-conflict contexts : lessons from Sierra Leone -- Geoffrey Nice and Nevenka Tromp / Criminal trial as a tool to control historical narrative -- Mary Ellen O'Connell / The arc toward justice and peace -- Adama Dieng / The maintenance of international peace and security through prevention of atrocity crimes : the question of co-operation between the UN and regional arrangements -- Emma Sandon / Law and film : curating rights cinema -- Wayne Jordash / The role of advocates in developing international law -- Diane Marie Amann / Bill the blogger

Transnational Human Rights Litigation

Andrew Novak
Transnational Human Rights Litigation Book PDF

Author : Andrew Novak
Publisher : Springer Nature
Page : 191 pages
File Size : 47,9 Mb
Release : 2019-10-02
Category : Law
ISBN : 9783030285463

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Transnational Human Rights Litigation by Andrew Novak Pdf

This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

Comparative Executive Clemency

Andrew Novak
Comparative Executive Clemency Book PDF

Author : Andrew Novak
Publisher : Routledge
Page : 218 pages
File Size : 43,5 Mb
Release : 2015-08-20
Category : Law
ISBN : 9781317602651

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Comparative Executive Clemency by Andrew Novak Pdf

Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

The Death Penalty

Roger Hood,Carolyn Hoyle
The Death Penalty Book PDF

Author : Roger Hood,Carolyn Hoyle
Publisher : Unknown
Page : 612 pages
File Size : 48,8 Mb
Release : 2015
Category : Capital punishment
ISBN : 9780198701736

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The Death Penalty by Roger Hood,Carolyn Hoyle Pdf

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. Emphasizing the impact of international human rights principles and evidence of abuse, the authors examine how this has fueled challenges to the death penalty and they analyze 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.

Human Rights in India

Satvinder Juss
Human Rights in India Book PDF

Author : Satvinder Juss
Publisher : Routledge
Page : 320 pages
File Size : 46,7 Mb
Release : 2019-09-24
Category : Law
ISBN : 9781000690972

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Human Rights in India by Satvinder Juss Pdf

This volume presents an integrated collection of essays around the theme of India’s failure to grapple with the big questions of human rights protections affecting marginalized minority groups in the country’s recent rush to modernization. The book traverses a broad range of rights violations from: gender equality to sexual orientation, from judicial review of national security law to national security concerns, from water rights to forest rights of those in need, and from the persecution of Muslims in Gulberg to India’s parallel legal system of Lok Adalats to resolve disputes. It calls into question India’s claim to be a contemporary liberal democracy. The thesis is given added strength by the authors’ diverse perspectives which ultimately create a synergy that stimulates the thinking of the entire field of human rights, but in the context of a non-western country, thereby prompting many specialists in human rights to think in new ways about their research and the direction of the field, both in India and beyond. In an area that has been under-researched, the work will provide valuable guidance for new research ideas, experimental designs and analyses in key cutting-edge issues covered in this work, such as acid attacks or the right to protest against the ‘nuclear’ state in India.

The Decline of the Death Penalty and the Discovery of Innocence

Frank R. Baumgartner,Suzanna L. De Boef,Amber E. Boydstun
The Decline of the Death Penalty and the Discovery of Innocence Book PDF

Author : Frank R. Baumgartner,Suzanna L. De Boef,Amber E. Boydstun
Publisher : Cambridge University Press
Page : 10 pages
File Size : 49,7 Mb
Release : 2008-01-07
Category : Political Science
ISBN : 9781139469203

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The Decline of the Death Penalty and the Discovery of Innocence by Frank R. Baumgartner,Suzanna L. De Boef,Amber E. Boydstun Pdf

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.

Moving Away from the Death Penalty

Ivan Šimonović
Moving Away from the Death Penalty Book PDF

Author : Ivan Šimonović
Publisher : UN
Page : 212 pages
File Size : 41,8 Mb
Release : 2014
Category : Law
ISBN : 9211542154

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Moving Away from the Death Penalty by Ivan Šimonović Pdf

Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.