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"death penalty"
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Death penalty politics: The fragility of abolition in Asia and the Pacific
2022
Despite a steady increase worldwide in the number of states that have abolished the death penalty, capital punishment remains a troubling presence in the international order. In Europe and Latin America, abolition dominates. However, the world’s leading powers in terms of economics and population include the retentionist states of China, India, Japan and the United States of America (USA). It seems there is no linear path to abolition, and its achievement is indeterminate. Yet, in international human rights law, death penalty abolition is a powerful norm embraced by half the countries across the world.
Journal Article
Deconstructing the Death Penalty
2018
The questions at stake run from the politics of death penalty abolition to broader questions of the nature of sovereignty and democracy, the human and the animal, mass incarceration, gender, and religion.The first major body of work to appear in English on Jacques Derrida's seminars on the death penalty, which have just been published.This volume represents the first collection of essays devoted exclusively to Jacques Derrida's Death Penalty Seminars, conducted from 1999 to 2001. The volume includes essays from a range of scholars working in philosophy, law, Francophone studies, and comparative literature, including established Derridians, activist scholars, and emerging scholars. These essays attempt to elucidate and expand upon Derrida's deconstruction of the theologico-political logic of the death penalty in order to construct a new form of abolitionism, one not rooted in the problematic logics of sovereign power. These essays provide remarkable insight into Derrida's ethical and political projects; this volume will not only explore the implications of Derrida's thought on capital punishment and mass incarceration, but will also help to further elucidate the philosophical groundwork for his later deconstructions of sovereign power and the human/animal divide. Because Derrida is deconstructing thelogicof the death penalty, rather than the death penalty itself, his seminars will prove useful to scholars and activists opposing all forms of state sanctioned killing. In compiling this volume, our goals were twofold: first, to make a case for Derrida's continuing importance in debates on capital punishment, mass incarceration, and police brutality, and second, to construct a new, versatile abolitionism, one capable of confronting all forms the death penalty might take.
Deconstructing the Death Penalty
by
Straub, Stephanie M.
,
Oliver, Kelly
in
American Studies
,
Capital Punishment
,
Capital punishment -- Moral and ethical aspects
2018,2020
This volume represents the first collection of essays devoted exclusively to Jacques Derrida's Death Penalty Seminars, conducted from 1999 to 2001. The volume includes essays from a range of scholars working in philosophy, law, Francophone studies, and comparative literature, including established Derridians, activist scholars, and emerging scholars. These essays attempt to elucidate and expand upon Derrida's deconstruction of the theologico-political logic of the death penalty in order to construct a new form of abolitionism, one not rooted in the problematic logics of sovereign power. These essays provide remarkable insight into Derrida’s ethical and political projects; this volume will not only explore the implications of Derrida’s thought on capital punishment and mass incarceration, but will also help to further elucidate the philosophical groundwork for his later deconstructions of sovereign power and the human/animal divide. Because Derrida is deconstructing the logic of the death penalty, rather than the death penalty itself, his seminars will prove useful to scholars and activists opposing all forms of state sanctioned killing. In compiling this volume, our goals were twofold: first, to make a case for Derrida's continuing importance in debates on capital punishment, mass incarceration, and police brutality, and second, to construct a new, versatile abolitionism, one capable of confronting all forms the death penalty might take.
A New Paradigm in the Application of Criminal Sanctions Against Corruption (Legal and Political Studies to Find Effective Criminal Sanctions for Corruption Eradication in Indonesia, Especially about the Application of Death Penalty)
2024
Purpose: Corruption remains pervasive in Indonesia, damaging the nation's finances and economy while infringing on the economic and social rights of the community. This study aims to explore efficient criminal sanctions to eradicate corruption in Indonesia, particularly focusing on the application of the death penalty. Theoretical Framework: This study employs normative legal research and secondary information based on literature to analyze the application of criminal sanctions for acts of corruption. Method: The research utilizes a data analysis technique involving problem identification, data gathering, data reduction, conclusion formulation, and verification. Result and Discussion: The study concludes that emphasizing the law's provisions is crucial for applying the death penalty to corruption cases. This has led to the Constitutional Court amending Articles 603 and 604 of the Criminal Code to include the threat of the death penalty. However, there is a debate among law enforcement officials regarding the violation of human rights (HAM) that could occur with the implementation of the death penalty. Therefore, revisions to the Criminal Code's articles are proposed to facilitate the death penalty's implementation, considering the quality and quantity of corrupt individuals. Conclusion: The anticipated outcome is that authorities will use the death penalty as a symbol of their commitment to combatting worsening corruption annually in Indonesia.
Journal Article
Framing innocence: an experimental test of the effects of wrongful convictions on public opinion
2020
Objectives
Discourse about criminal justice in the USA increasingly revolves around wrongful convictions. Research has documented the emergence of the “innocence frame,” but relatively little is known about its effects on public opinion. We utilize framing theory to examine how various presentations of wrongful conviction information affect attitudes toward the justice system and highlight the consequences of the innocence movement for public opinion.
Methods
We implement two survey experiments to test the effects of innocence information for criminal justice attitudes. In the first experiment, we test the impact of wrongful conviction numbers relative to a control group for death penalty support. In the second experiment, we analyze the effects—both separately and jointly—of exoneration numbers and a wrongful conviction narrative relative to a control group for attitudes toward the death penalty and police reform, trust in the justice system, and personal concern.
Results
We demonstrate that the presentation of factual numbers of exonerations reduces support for capital punishment and erodes trust in the justice system, but fails to garner support for police reforms or increase personal concern about wrongful convictions. However, a narrative about an individual wrongful conviction predictably has more pronounced effects on death penalty attitudes and increases personal concern and support for police reform, but has little effect on trust in the justice system more broadly.
Conclusions
Wrongful convictions are consequential for public opinion, but the effects are contingent on how the information is framed and the attitudinal outcome of interest. Our findings have implications for criminal justice attitudes and policy, the innocence movement, and framing theory.
Journal Article
Contemplations on the Death Penalty Abolition under the International Criminal Court’s Justice System
The state’s choice to retain the death penalty within its penal system, traditionally, has been within the realm of its sovereignty. A dynamic, however, materialized when the International Criminal Court (ICC) took a zero-sum approach in its criminal justice system by abolishing the death penalty. Consequently, a potential erosion of what has been traditionally recognized as the state’s choice arises. This article will assess the evolution of the criminal justice system in the international law context, which eventually influenced the ICC’s position. Following such observation, this article will inquire whether the ICC’s abolitionist approach could be universally embraced, especially in a world filled with diverse legal traditions. Finally, this article will probe the leeway within the complementarity principle, which for so long has been regarded as the retentionist states’ last line of defence in preserving the death penalty when the ICC has jurisdiction.
Journal Article
An Examination of Social-Psychological Factors and Support for the Death Penalty: Attribution, Moral Disengagement, and the Value-Expressive Function of Attitudes
by
Vollum, Scott
,
Buffington-Vollum, Jacqueline
in
Attitudes
,
Capital punishment
,
Death attitudes
2010
This study examines the social-psychological factors of attributional styles, moral disengagement, and the value-expressive function of attitudes in relation to death penalty support and the robustness of that support. Respondents were first asked whether or not they supported the death penalty and were then presented several paragraphs of information exposing flaws or failures in the death penalty and asked how compelling they found the information and whether it impacted their death penalty attitudes. Results suggest that attributional style has little if any effect on death penalty support and that only a few aspects of moral disengagement seem to play a role. Value-expressiveness, on the other hand, appears to play a critical role in death penalty attitudes and support. Our findings suggest that when support is based on value-expressive foundations, it is more robust and unlikely to wane regardless of information or knowledge indicating problems with the death penalty. [PUBLICATION ABSTRACT]
Journal Article
Formulative Policy of Death Penalty for Corruptors in Indonesia
2020
Corruption is committed by state officials, law enforcement and other related parties. Various efforts have been made by the government in preventing and eradicating corruption in Indonesia, but the efforts that have been made have not yet gotten optimal results. The fundamental weakness in eradicating corruption in Indonesia is the formulation of the main criminal sanctions in the form of criminal threats that are facultative, uncertain or must be. So that the corruptors are never deterred or afraid. In the future, the legislators need to reformulate the provisions of Article 2 paragraph (2) of the Republic of Indonesia Law Number 31 of 1999 as amended to Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption. Various criminal law policies still need to be carried out by the state in order to eradicate corruption to achieve the expected results. This type of research in this paper uses the type of normative legal research. The type of approach is in the form of a legal approach related to corruption. There are two legal materials used, namely primary legal materials and secondary legal materials, with legal material collection techniques used in the form of library studies. The analysis technique used is descriptive, interpretation, evaluation and argumentative techniques. The research in this paper intends and aims to examine and analyze the facts and phenomena of corruption that are stated in specific legislation concerning criminal sanctions (capital punishment) for corruptors in Indonesia. Moreover, corruption is qualified as an extraordinary crime so it needs extraordinary handling as well.
Journal Article
Formulative Policy of Death Penalty for Corruptors in Indonesia
2020
Corruption is committed by state officials, law enforcement and other related parties. Various efforts have been made by the government in preventing and eradicating corruption in Indonesia, but the efforts that have been made have not yet gotten optimal results. The fundamental weakness in eradicating corruption in Indonesia is the formulation of the main criminal sanctions in the form of criminal threats that are facultative, uncertain or must be. So that the corruptors are never deterred or afraid. In the future, the legislators need to reformulate the provisions of Article 2 paragraph (2) of the Republic of Indonesia Law Number 31 of 1999 as amended to Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption. Various criminal law policies still need to be carried out by the state in order to eradicate corruption to achieve the expected results. This type of research in this paper uses the type of normative legal research. The type of approach is in the form of a legal approach related to corruption. There are two legal materials used, namely primary legal materials and secondary legal materials, with legal material collection techniques used in the form of library studies. The analysis technique used is descriptive, interpretation, evaluation and argumentative techniques. The research in this paper intends and aims to examine and analyze the facts and phenomena of corruption that are stated in specific legislation concerning criminal sanctions (capital punishment) for corruptors in Indonesia. Moreover, corruption is qualified as an extraordinary crime so it needs extraordinary handling as well.
Journal Article
Cheap on crime
by
Aviram, Hadar
in
21st century american history
,
american correctional system
,
american politics
2015,2019
After forty years of increasing prison construction and incarceration rates, winds of change are blowing through the American correctional system. The 2008 financial crisis demonstrated the unsustainability of the incarceration project, thereby empowering policy makers to reform punishment through fiscal prudence and austerity. In Cheap on Crime, Hadar Aviram draws on years of archival and journalistic research and builds on social history and economics literature to show the powerful impact of recession-era discourse on the death penalty, the war on drugs, incarceration practices, prison health care, and other aspects of the American correctional landscape.