The Global Decline Of The Mandatory Death Penalty
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The Global Decline Of The Mandatory Death Penalty
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Author : Andrew Novak
language : en
Publisher: Routledge
Release Date : 2016-03-16
The Global Decline Of The Mandatory Death Penalty written by Andrew Novak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-16 with Political Science categories.
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
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Author : Andrew Novak
language : en
Publisher:
Release Date : 2014
Global Decline Of The Mandatory Death Penalty written by Andrew Novak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Capital punishment categories.
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
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Author : A. Novak
language : en
Publisher: Springer
Release Date : 2014-04-16
The Death Penalty In Africa Foundations And Future Prospects written by A. Novak and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-16 with Social Science categories.
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.
Comparative Capital Punishment
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Author : Carol S. Steiker
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Comparative Capital Punishment written by Carol S. Steiker and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
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
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Author : Roger Hood
language : en
Publisher: OUP Oxford
Release Date : 2015-01-08
The Death Penalty written by Roger Hood and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-08 with Political Science categories.
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 Decline Of The Death Penalty And The Discovery Of Innocence
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Author : Frank R. Baumgartner
language : en
Publisher: Cambridge University Press
Release Date : 2008-01-07
The Decline Of The Death Penalty And The Discovery Of Innocence written by Frank R. Baumgartner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-07 with Political Science categories.
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.
The Global Decline Of The Mandatory Death Penalty
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Author : Andrew Novak
language : en
Publisher: Routledge
Release Date : 2016-03-16
The Global Decline Of The Mandatory Death Penalty written by Andrew Novak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-16 with Political Science categories.
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
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Author : Roger Hood
language : en
Publisher: Oxford University Press, USA
Release Date : 1989
The Death Penalty written by Roger Hood and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Capital punishment categories.
In this third volume of his award-winning American Crisis series, James Gustave Speth makes his boldest and most ambitious contribution yet. He looks unsparingly at the sea of troubles in which the United States now finds itself, charts a course through the discouragement and despair commonly felt today, and envisions what he calls America the Possible, an attractive and plausible future that we can still realize. The book identifies a dozen features of the American political economy--the country's basic operating system--where transformative change is essential. It spells out the specific changes that are needed to move toward a new political economy--one in which the true priority is to sustain people and planet. Supported by a compelling "theory of change" that explains how system change can come to America, the book also presents a vision of political, social, and economic life in a renewed America. Speth envisions a future that will be well worth fighting for. In short, this is a book about the American future and the strong possibility that we yet have it in ourselves to use our freedom and our democracy in powerful ways to create something fine, a reborn America, for our children and grandchildren.
Comparative Executive Clemency
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Author : Andrew Novak
language : en
Publisher: Routledge
Release Date : 2015-08-20
Comparative Executive Clemency written by Andrew Novak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-20 with Law categories.
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.
Capital Punishment New Perspectives
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Author : Mr Peter Hodgkinson
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2014-01-28
Capital Punishment New Perspectives written by Mr Peter Hodgkinson and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-28 with Law categories.
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.