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"Capital punishment Asia Case studies."
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The next frontier : national development, political change, and the death penalty in Asia
Asia is the next frontier in the campaign to end state execution because more than 95 percent of the executions in the world take place there. This book combines detailed case studies of the death penalty in major Asian nations with cross-national comparisons. It demonstrates decline in the number of Asian countries using execution as a criminal sanction and a decline in the rate of executions in most nations that retain the death penalty. Few Asian nations conduct executions with any regularity, and even major nations with death penalties in their criminal codes use the sanction rarely. What separates the low-execution nations from the very few states with high execution rates is, more than anything, politics. All of Asia's high execution states are hard-line authoritarian regimes of the left or right. When former right-wing authoritarian states experience democratic reforms, the rate of executions drops sharply and the only noncommunist government that maintains high executions is Singapore. The key question is not whether Asia will end state executions, but when it can be expected to do so. If the end of executions depends on the democratization of relatively stable hard-line communist regimes, many decades may be required, but if the stigma of state executions continues to increase, the end of capital punishment in Asia could happen before more comprehensive political change occurs.
eBook
Proceduralism, Political Embeddedness and Death Penalty Lawyers in China
Research suggests that cause lawyers are a diverse group. Death penalty lawyers with attachment to political institutions and a strong commitment to procedurals tend to have a unique path to professional identification, participation in the legal process and acquiring the ability to affect case outcomes. Borrowing from Hilbink's typologies and Liu and Halliday's analytical framework, this study examines in detail the practices of proceduralist and progressive elite lawyers. It uses a high-profile capital case, the Nian Bin case, as a case study to analyse the motivation and strategies of the lead defence lawyer in the context of progressive proceduralist cause lawyers. Relevant theoretical and policy implications as well as suggestions for future studies are discussed. 法社会学研究表明事业律师有多种类型。死刑案件代理律师通常会因为对政治机构的依赖性，或对程序的信奉和恪守，而形成独特的职业特质，法律程序的参与度，以及锻造有效推进案子的能力。本文借鉴 Hilbink, 和刘思达和 Hallliday 的分析模式，对注重程序的改革精英派律师进行深入分析。以念斌案为案例，本文着重剖析念斌律师的动力，策略，和改革程序派律师的职业特征。文章结尾总结了该分析对相关的理论及政策的意义并提出对将来类似研究的建议。
Journal Article
Between Emotion, Politics and Law: Narrative Transformation and Authoritarian Deliberation in a Land Dispute-triggered Social Drama in China
Through studying a revenge murder triggered by a land dispute in China and the subsequent trial, this article explores “narrative transformation” in a social drama and proposes an event-based model for authoritarian deliberation. It argues that an obscure murder rose to prominence because it came to be narrated as a different kind of story. Initially viewed as “a normal killing,” it was transformed to represent a “contest” between a law-and-order frame, which emphasizes individual guilt, and a righteous-revenge frame, which symbolizes wider conflicts. The article also contends that in the absence of an institutionalized issue forum, contentious events present a model for authoritarian deliberation. That is to say, deliberation is often pegged to social dramas on the “judicial periphery,” thanks to a liminal phase inviting reflexivity, and exposes elite dissent that is otherwise veiled by an interest-driven alliance. In this case study, the media engaged with other institutions in contentious performances that affirmed hidden social fault-lines but also encouraged deliberation.
Journal Article
The Next Frontier: National Development, Political Change, and the Death Penalty in Asia
The authors explore the changing penal landscape in Asia through comparative analysis and detailed case studies of certain countries. [...] this book should be of interest not only to scholars, but also to activists, advocates, and legislators in Asia, and beyond.
Book Review
A VIEW TO A KILL
In Japan, a high wall of secrecy surrounds the gallows. Executions are not announced until after the fact, and even then official spokespeople say only that they have occurred. Even members of the Diet, Japan's parliament, get no access. Not only is Japan the only member of the Group of Seven industrialized countries other than the US to retain capital punishment, it is also increasing its use of the death penalty. In Japan, death row prisoners are not told in advance of their execution dates - a practice international human rights organizations condemn as a form of psychological torment. But the government argues that the process is compassionate and prudent, insisting that advance notice would create unnecessary anxiety when prisoners should be adjusting to the inevitable.
Magazine Article