Relevant bibliographies by topics / Capital punishment – Law and legislation

Academic literature on the topic 'Capital punishment – Law and legislation'

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Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Capital punishment – Law and legislation"

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Kibalnik, Alexei, Pavel Volosyuk, and Rustam Abdulgaziev. "Research of Criminal Punishment in Russian Dissertation Theses: Key Trends in 2010-2019." Russian Journal of Criminology 13, no. 5 (October 31, 2019): 825–36. http://dx.doi.org/10.17150/2500-4255.2019.13(5).825-836.

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The article aims to reveal key trends in the studies of the problems of criminal punishment based on the analysis of Russian dissertation theses in the past decade (2010–2019). The authors stress that the problems of punishment are «eternal» for Russian and Western doctrines of criminal law, although there is some difference in their research trends. The authors conclude that Russian doctrine preserves continuity in its definition of punishment as a major category of criminal law, as well as of its attributes and goals. In 1990–2000s there were some attempts to renounce the penal nature of punishment. In the past decades this «bias» has been overcome and practically all authors recognize the priority of the penal character (content) of criminal punishment. At the same time, the doctrine incorporated new ideas regarding the understanding of the goals of punishment, their hierarchy and the actual possibilities of achieving them. The authors note that the positive feature of the Russian doctrine is the substantiation of the «functional» theory of building a system of punishments in criminal legislation. On the other hand, researchers have come to a disappointing conclusion regarding the breach in the orderly structure of the system of punishments. The analysis of Russian dissertation theses has shown that in 2010–2019 most attention was focused on «final» punishments (capital punishment and life imprisonment), imprisonment for a certain period of time, some punishments not connected with the deprivation of liberty (limitation of liberty, obligatory work). The authors point out that there remains a discrepancy in the understanding of the legal nature, purpose and effectiveness of these types of punishment (primarily, capital punishment, which is preserved in criminal legislation).
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Debita, Magdalena. "Sprawa Trynkiewicza a ustawa o nadzorze nad groźnymi przestępcami — na marginesie rozważań o karze śmierci." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 19 (December 28, 2016): 53–67. http://dx.doi.org/10.19195/1733-5779.19.6.

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The Trynkiewicz case and legislation on the supervision of dangerous offenders in connection with considerations on capital punishmentThe overall objective of this article is to present issues related to capital punishment. The paper presents selected international legal instruments on this issue. Thearticle focuses on historic Polish legislation concerning jurisdiction and the use of capital punishment. The subject of capital punishment in criminal law has long been acontentious issue. Capital punishment, its effectiveness, its reliability vis-à-vis rehabilitation and its substitution by another penalty, is analysed herein. In Poland, capital punishment has not been applied since 1988. The last death sentence was carried out in 1979, capital punishment having been removed by the legislature from the Criminal Code in 1997. When considering this issue, it is worthwhile to refer to some statistical data: 1 96 countries have abolished capital punishment in respect of all crimes; 2 9 countries have abolished capital punishment for all crimes, with the exception of offences committed in time of war; 3 34 countries have expunged capital punishment from their penal codes or have ceased to apply it, in practice, within the last decade; 4 139 states have either not included capital punishment in their regulations or have not used capital punishment; 5 58 countries still maintain capital punishment in their legislation; 6 in China, capital punishment may be imposed for 55 types of crime; 7 in 2010, at least 17,833 people were living under sentence of death.
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Jovašević, Dragan. "Execution of the death penalty pursuant to the new legislation." Glasnik Advokatske komore Vojvodine 71, no. 12 (1999): 352–57. http://dx.doi.org/10.5937/gakv9910352j.

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Although death penalty was abolished by the 1992 Constitution of the Federal Republic of Yugoslavia and by the 1993 Yugoslav Criminal Code for crimes provided by federal laws, it still exists as a penalty in our criminal law system. It is provided by the constitutions and criminal codes of the republics for the most serious forms of crimes - first degree murder and aggravated robbery. This is the reason for the fact that the new 1997 Law on enforcement of criminal sentences still contains provisions on the procedure, manner and conditions for enforcement of the capital punishment. The new legislation provides different, more humane and democratic and sometimes original solutions for a number of issues and sometimes original solutions for a number of issues related to the enforcement of the capital punishment.
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Callahan, Lisa, James R. Acker, and Catherine Cerulli. "Accommodating death penalty legislation: Personal and professional views of assistant district attorneys toward capital punishment." American Journal of Criminal Justice 25, no. 1 (September 2000): 15–29. http://dx.doi.org/10.1007/bf02886808.

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Ivanov, A. V. "The problem of the legislative sentence to the death penalty in russia in the context of international obligations." Russian Journal of Legal Studies 2, no. 2 (June 15, 2015): 153–61. http://dx.doi.org/10.17816/rjls18035.

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Legislative Sentence to the death penalty as an exceptional measure of capital punishment and its relation to the right to life have been a subject of public discussion for a long time, and nowadays they are topical ones for every civilized state.The International law prohibits the use of capital punishment by a country because the death penalty is the ultimate cruel, inhumanand degrading punishment as well as because the legislative Sentence to the death penalty is contrary to the basic principle of respectfor human rights and fundamental freedoms including the recognition of an absolute right to human life.One of the essential conditions for invitation of Russia to the Council of Europe has been the legislative Sentence for the abolition ofthe death penalty, but Russia still has not ratified Protocol No. 6, and has not taken action on the absolute refusal of the death penalty,so the problem of the Sentence to the death penalty as a capital punishment, continues to be topical more than ever.
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Thomai, Esmeralda. "Execution of Sentence of Life Imprisonment in Albania, in Violation of Fundamental Human Rights." Mediterranean Journal of Social Sciences 8, no. 1 (January 26, 2017): 169–75. http://dx.doi.org/10.5901/mjss.2017.v8n1p169.

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Abstract The goal of this article and of the analysis itself on which it is based, is to identify weaknesses in penitentiary legislation in force in the Republic of Albania, in order that the penal policy of the Albanian state, should respect the principles on which will be based to be effective. At the end of 2015 the number of persons who have been sentence to life imprisonment in Albanian prisons has been 159 people, convicted in 2895 of the total prison who were serving a sentence in Albanian prisons. The number of those sentenced to capital punishment has increased, compared with the statistics of 3-4 years ago. Albanian law on the punishment of life imprisonment presents serious problems in the modalities of execution of the punishment, violating the right and fundamental freedom of man, that lives in liberty, and break up the Article 3 of the ECHR, which prohibits placing under cruel punishments, inhuman and degrading. The Republic of Albania will need as soon as possible to change its legislation concerning the category of persons sentenced to life imprisonment. Condemned to life imprisonment, according to each individual case and referred to progress in the sentence, in view of the disappearance of the potential for recidivism and in view of correction, after the expiry of a time limit prescribed by law,they should have the right and opportunity in court jurisdiction to address the real execution of criminal sentences for the benefit of supervised freedom or conditional one. In this way, the hope of life again in freedom, will make the convicts to life imprisonment interested to educate themselves, by all the values that will be in accordance with social rules.
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Menshikov, P. V., and L. K. Mikhina. "The perniciousness of discussions on the reconsideration of international law in the field of protection from torture in the global media space." Journal of Law and Administration 17, no. 4 (February 21, 2022): 20–32. http://dx.doi.org/10.24833/2073-8420-2021-4-61-20-32.

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Introduction. The article reveals the inconsistency of the tendency in the international media space to question the universal principles of international law on the example of the discussion on the preservation of the provision of protection against torture and other cruel, inhuman or degrading treatment and punishment of people in the context of global terrorist threats. The activity of international governmental and nongovernmental organizations in the fight against torture is analyzed. The main emphasis is placed on the peculiarities and law enforcement practice of international legal legislation in the area of prohibition of the use of torture. Problems related to the prevention and spread of torture are studied, the dynamics of the development of national legislation in some states regarding the legalization of torture is examined, an example of violation of the prohibition of torture is given, as well as the position of the European Court of Human Rights regarding the use of torture.Materials and methods. The author of the article carries out a systematic analysis, comparative and formal legal methods of international legislation against torture and other cruel, inhuman or degrading treatment or punishment. Scientific and general scientific methods of cognition of the specifics of international legal legislation in the field of prohibition of the use of torture and the death penalty as a capital punishment, - namely descriptive, - are applied in this article.Results. For several decades, a system of international law has been created, which has given an interpretation of the concept of "torture", has introduced a complete ban on the use of torture and other cruel, inhuman or degrading treatment or punishment. The prohibition of torture is absolute. Torture is prohibited by international law, the laws of most countries in the world, the UN Convention against Torture, the Geneva Conventions and other international documents. This prohibition is absolute and does not allow any exceptions, which, however, is not always the case, giving rise to national and world media outlets to intensify discussions on the admissibility of revising these norms of international law in the interests of countering terrorist threats.Discussion and Conclusion. Despite the development of legislation in the field of combating torture, there are a number of problems of compliance with this norm of international law. Among them: the problem of defining the concept of "cruel, inhuman or degrading treatment or punishment", the problem of violation of international legal acts in this area, the ethical factor in the use of torture and others. An important problem is the issue of classifying the death penalty as the highest measure of torture and punishment, discussions about which will continue for a long time. In this situation, the important priority areas of the UN and other international organizations are the fight against the use of torture, the call for the introduction of a complete ban on torture, the strengthening of guarantees of the rights of citizens to be protected from them or the right to humanitarian, economic and psychological assistance in the event of torture in relation to him, encouraging the conduct of awareness-raising activities at the civil level, explaining their unconditional legislative prohibition, immorality and inhumanity. An important task for all states is to continue work to achieve a universal and complete prohibition of torture, protect the rights of citizens and build an inclusive, multilateral and trusting dialogue between all states, members of international organizations, as well as its provision at the federal, regional and local levels with the use of information and communication media policy tools and with the participation of the entire civil society.
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Susanto, Mei, and Ajie Ramdan. "KEBIJAKAN MODERASI PIDANA MATI." Jurnal Yudisial 10, no. 2 (September 12, 2017): 193. http://dx.doi.org/10.29123/jy.v10i2.138.

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ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.
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Jainah, Zainab Ompu. "ANALISIS PUTUSAN PIDANA MATI TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DAN PSIKOTROPIKA." PRANATA HUKUM 14, no. 1 (January 31, 2019): 25–37. http://dx.doi.org/10.36448/pranatahukum.v14i1.159.

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ABSTRAK The imposition of capital punishment on narcotics and psychotropic criminals in Indonesia in the perspective of human rights based on the 1945 Constitution needs to be reviewed to understand whether capital punishment is a way of law enforcement that is contrary to human rights. The main problem being the object of research, is the imposition of capital punishment against narcotics and psychotropic criminals violating human rights based on the 1945 Constitution. This research is a normative legal research through a legislative approach, conceptual, case. The data used is secondary data with qualitative data analysis. The results of the study show that the imposition of capital punishment on narcotics and psychotropic criminals does not violate human rights because it does not conflict with the provisions of Article 28A, Article 28I paragraph (1) and Article 28J paragraph (2) of the 1945 Constitution and does not violate Indonesia's international legal obligations that were born from international agreements on the eradication of illicit trafficking in narcotics and psychotropic substances. As a suggestion, law enforcement needs to be improved, because crime / narcotics and psychotropic crimes are transnational types of crime by using high modus operandi.
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Sarat, Austin. "The Politics of the Death Penalty." Perspectives on Politics 7, no. 4 (December 2009): 928–30. http://dx.doi.org/10.1017/s1537592709991915.

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What seemed unimaginable a decade ago, namely, the abolition of the death penalty in the United States, today seems well within the horizon of possibility. Indeed, supporters of capital punishment now seem to be very much on the defensive. To take but one example, in April 2005, then Massachusetts Governor Mitt Romney filed a long-awaited bill to reinstate the death penalty in his state. The bill, which Romney called “a model for the nation” and the “gold standard” for capital punishment legislation, was remarkable for its hesitations and qualifications. Thus, it limited death eligibility to a narrow set of crimes, including deadly acts of terrorism, killing sprees, murders involving torture, and the killing of law enforcement authorities. It excluded entire categories of crimes that many believe also warrant the death penalty, including the murders of children and the rape-murders of women. It also laid out a set of hurdles for meting out capital punishment sentences, in an effort to neutralize the kind of problems that have led to dozens of death row exonerations across the nation in recent years. The measure called for verifiable scientific evidence, such as DNA, to be required before a defendant can be sentenced to death, and a tougher standard of “no doubt” of guilt (rather than the typical “guilty beyond a reasonable doubt” standard) for juries to sentence defendants to death. The limited nature of Romney's bill, which nonetheless ultimately was defeated in the Massachusetts legislature, provides one vivid sign that the tide has turned in the national conversation about capital punishment.
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Dissertations / Theses on the topic "Capital punishment – Law and legislation"

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Du, Plessis Jan Andriaan. "The impact of minimum sentence legislation on South African criminal law." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020037x.

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The Criminal Law Amendment Act introduced a scheme where minimum sentences are prescribed for serious offences into the South African Criminal Law. The limitations put on the courts’ sentencing discretion were not received with unanimous approval from all quarters. The Constitutional Court declared the general working of the Act to be constitutional soon after its inception. Specific provisions pertaining to certain offences remained unpopular. The hefty sentence of 15 years imprisonment prescribed for the possession of a semi-automatic firearm is put forward as an example in this regard. High Courts avoid the minimum sentence prescribed for this offence by using different interpretational methods. Despite the sense of animosity towards the unfair contents of this provision, no ruling is made on the constitutionality thereof. An apparent deference towards the legislature could be detected on the part of the judiciary. South African jurisprudence discourages our courts to rule on the constitutionality of a law. It is only done when the defect could not be remedied by any other available means. The reluctance of our courts to make a ruling on the constitutionality of the semi-automatic provision does not promote legal certainty. High Courts attach different interpretations to the “true intention” of the legislature in order to bypass this provision. Logic dictates that inexperienced presiding officers with inferior interpretational skills would continue to hand down the minimum sentence while it remains on the law books. A sentence of fifteen years is also prescribed for robbery with aggravating circumstances. The existing common law on the interpretation of the definition of this offence provides for a wide range of human conduct to be included. Case law could be expected where the courts deviate from the prescribed sentence on a regular basis. This unscientific approach should be discouraged and a rethinking of the boundaries of this offence is suggested. The Act is doing more harm than good to our Criminal Law. The legislature could still provide other visible measures against serious crime without invading the sentencing discretion of the judiciary.
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Colyer, Greg Warren. "Is capital punishment a deterrent to crime?" CSUSB ScholarWorks, 1999. https://scholarworks.lib.csusb.edu/etd-project/1720.

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Burke, Daniel. "Morality in Law: Capital Punishment and the Mentally Retarded." Miami University Honors Theses / OhioLINK, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1111150529.

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Gradwell, Adriaan. "A survey of teachers' attitudes towards corporal punishment after the abolition of corporal punishment." Thesis, University of the Western Cape, 1999. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Education within South Africa has undergone significant change within a short period of time. This change has primarily been written in terms of human rights and the equitable distribution of educational resources. This has necessitated a paradigm shift for many teachers and the study explores some of the factors that have prevented teachers from experiencing a paradigm shift. The introduction of the South African Schools Act of 1996 heralded the start of the complete abolition of corporal punishment within all South African schools. The object of this investigation was to explore teachers' attitudes towards the abolition of corporal punishment and the factors that would contribute towards their attitude. The research explored whether the attitude of teachers, in relation to corporal punishment, had been influenced by the disruptive behaviour of pupils and their perceptions of the efficacy of alternate methods of behaviour management.
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Rumble, Tony Law Faculty of Law UNSW. "Synthetic equity and franked debt: capital markets savings cures." Awarded by:University of New South Wales. School of Law, 1998. http://handle.unsw.edu.au/1959.4/17591.

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Micro-economic reform is a primary objective of modern Australian socio-economic policy. The key outcome targetted by this reform is increased efficiency, measured by a range of factors, including cost reduction, increased savings, and a more facilitative environment for business activity. These benefits are sought by the proponents of reform as part of a push to increase national prosperity, but concerns that social equity is undermined by it are expressed by opponents of that reform. The debate between efficiency and equity is raging in current Australian tax policy, a key site for micro-economic reform. As Government Budget restructuring occurs in Australia, demographic change (eg, the ageing population) undermines the ability of public funded welfare to provide retirement benefits. Responsibility for self-funded retirement is an important contributor to increasing private savings. Investment in growth assets such as corporate stock is increasing in Australia, however concerns about volatility of asset values and yield stimulate the importance of investment risk management techniques. Financial contract innovation utilising financial derivatives is a dominant mechanism for that risk management. Synthetic equity products which are characterised by capital protection and enhanced yield are popular and efficient equity risk management vehicles, and are observed globally, particularly in the North American market. Financial contract innovation, risk management using financial derivatives, and synthetic equity products suffer from an adverse tax regulatory response in Australia, which deprives Australian investors from access to important savings vehicles. The negative Australian tax response stems from anachronistic legislation and jurisprudence, which emphasises tax outcomes based on legal form. The pinnacle of this approach is the tax law insistence on characterisation of financial contracts as either debt or equity, despite some important financial similarities between these two asset types. Since derivatives produce transactions with novel legal forms this approach is unresponsive to innovation. The negative tax result also stems from a perception that the new products are tax arbitrage vehicles, offering tax benefits properly available to investment in stocks, which is thought to be inappropriate when the new products resemble debt positions (particularly when they are capital protected and yield enhanced). The negative tax response reflects administrative concerns about taxpayer equity and revenue leakage. This approach seeks to impose tax linearity by proxy: rather than utilising systemic reform to align the tax treatment of debt and equity, the current strategy simply denies the equity tax benefits to a variety of innovative financial contracts. It deprives Australians of efficiency enhancing savings products, which because of an adverse tax result are unattractive to investors. The weakness of the current approach is illustrated by critical analysis of three key current and proposed tax laws: the ???debt dividend??? rules in sec. 46D Income Tax Assessment Act 1936 (the ???Tax Act???); the 1997 Budget measures (which seek to integrate related stock and derivative positions); and the proposals in the Taxation of Financial Arrangements Issues Paper (which include a market value tax accounting treatment for ???traded equity,??? and propose a denial of the tax benefits for risk managed equity investments). The thesis develops a model for financial analysis of synthetic equity products to verify the efficiency claims made for them. The approach is described as the ???Tax ReValue??? model. The Tax ReValue approach isolates the enhanced investment returns possible for synthetic equity, and the model is tested by application to the leading Australian synthetic equity product, the converting preference share. The conclusions reached are that the converting preference share provides the key benefits of enhanced investment return and lower capital costs to its corporate issuer. This financial efficiency analysis is relied upon to support the assertion that a facilitative tax response to such products is appropriate. The facilitative response can be delivered by a reformulation of the existing tax rules, or by systemic reform. The reformulation of the existing tax rules is articulated by a Rule of Reason, which is proposed in the thesis as the basis for the allocation and retention of the equity tax benefits. To avoid concerns about taxpayer equity and revenue leakage the Rule of Reason proposes a Two Step approach to the allocation of the equity tax benefits to synthetics. The financial analysis is used to quantify non-tax benefits of synthetic equity products, and to predict whether and to what extent the security performs financially like debt or equity. This financial analysis is overlayed by a refined technical legal appraisal of whether the security contains the essential legal ???Badges of Equity.??? The resulting form and substance approach provides a fair and equitable control mechanism for perceived tax arbitrage, whilst facilitating efficient financial contract innovation. The ultimate source of non-linearity in the taxation of investment capital is the differential tax benefits provided to equity and debt. To promote tax linearity the differentiation needs to be removed, and the thesis makes recommendations for systemic reform, particularly concerning the introduction of a system of ???Franked Debt.??? The proposed system of ???Franked Debt??? would align the tax treatment of debt and equity by replacing the corporate interest deduction tax benefit with a lender credit in respect of corporate tax paid. This credit would operate mechanically like the existing shareholder imputation credit. The interface of this domestic tax credit scheme with the taxation of International investment capital, and the problems occasioned by constructive delivery of franking credits to Australian taxpayers via synthetics, are resolved by the design and costings of the new system, which has the potential to be revenue positive.
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Miao, Michelle. "The politics of change : explaining capital punishment reform in China." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:524671ef-31e8-42ee-8b8c-34d8f3c408ef.

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The thesis seeks to enhance understanding of the recent reform of capital punishment law, policies and institutions in China by studying its causes, significance, and limits. The research surveys the reform initiated by China’s top judiciary – the Supreme People’s Court - around 2006-2007. It demonstrates a changing domestic socio-political context, within which the external and internal impetus to reform is inevitable. Drawn from elite interview evidence with penal policy makers including judges, prosecutors, and legislators, the thesis concludes that Europe-inspired, cross-border abolitionist sentiments created motivation for change in China through soft mechanisms of shaming and persuasion, albeit to a limited degree. In the domestic realm, the research identified three pairs of interrelated tensions – the contradiction between elites and the public, the conflict between political intervention and judicial autonomy, and the divergent interests and priorities between top judicial organs and lower courts. These tensions are useful social, political and legal indicators to explain why and how China reformed its capital punishment machinery.
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Braslaw, Truman. "An Arbitrary Death? Capital Punishment and the Supreme Court." Oberlin College Honors Theses / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1398962476.

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Bassi, Sasha. "Remedying Racial Discrimination in Capital Punishment: An Evaluation of the North Carolina Racial Justice Act." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/312.

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Racial discrimination in capital punishment has been documented from the 1700s to today. Among the 32 states that still have the death penalty, some have implemented measures at a legislative or judicial level to prevent the arbitrary imposition of the death penalty. The goal of this thesis is to evaluate the strengths and weaknesses of the result of one such effort, the North Carolina Racial Justice Act. Doing so will help determine if this is a model that other states should replicate, and if so, how it should be altered for a successful reimplementation.
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Petri, Hedwig. "A crime without punishment : policy advocacy for European Union Health and Safety legislation on harassment at work." Thesis, Middlesex University, 2001. http://eprints.mdx.ac.uk/6244/.

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The study is concerned about employers' liability to protect the mental welfare of employees alongside their physical health. The need for protection is demonstrated in several ways. Firstly, the introduction examines the statistical evidence of harassment in the workplace and its effect on its victims. Secondly, data was collected from nine participants who had taken their employer to court claiming that they had been bullied out of their jobs. These documents which were supplemented in some cases by personal statements, were analysed using the Glaser and Strauss Grounded Theory method tempered with Case Study method. Ethical issues coming to the fore during data collection supplied additional material for a chapter which eflects on problems researchers will encounter when working with vulnerable research participants. Analysis showed the importance of social support for victims and implicated the role the trade unions, the medical and legal professions plays in secondary victimisation for victims of workplace bullying. A review of existing legislation was conducted to determine if internal voluntary guidelines or new legislation would give best protection. Employer-led bullying was identified as the form on which internal guidelines have no impact. Workplace bullying was always found to be morally wrong and the issue of what is legally right but not morally right was discussed. The findings emerging from the analysis together with recommendation to place protection of harassment at work within Health and Safety policies was presented to opinion makers to gauge the level of interest in the investigator's recommendation that European Union Health and Safety officials should take the lead in advancing legislative change outlawing workplace harassment.
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Gitonga, Gitau Robert. "Legal and institutional frameworks as determinants of access to capital by developing countries." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7091_1215784196.

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The objective of this research was to draw a relationship between legal and institutional frameworks in a country, and the competitiveness of that country as a destination for investment either as real investment or portfolio investment for infrastructure development.

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Books on the topic "Capital punishment – Law and legislation"

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Committee, Nebraska Legislature Judiciary. Legislative resolution 272: An interim study of the current law on post conviction petitions : legislative resolution 275 : an interim study to gather information as to policy considerations relating to legislation that would repeal the death penalty. [Lincoln, Neb: The Committee, 1997.

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Hayʼah al-Filasṭīnīyah al-Mustaqillah li-Ḥuqūq al-Muwāṭin, ed. Murājaʻah qānūnīyah li-ʻuqūbat al-iʻdām fī al-niẓām al-qānūnī al-Filasṭīnī. Rām Allāh: al-Hayʼah al-Filasṭīnīyah al-Mustaqillah li-Ḥuqūq al-Muwāṭin, 2010.

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Evans, E. P. The criminal prosecution and capital punishment of animals. Union, N.J: Lawbook Exchange, 1998.

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Crime, United States Congress House Committee on the Judiciary Subcommittee on. Federal death penalty legislation: Hearings before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, second session, on H.R. 2102, Title II of H.R. 2709, Titles I and II of H.R. 3119, H.R. 3238, H.R. 3342, H.R. 3539, H.R. 3871, H.R. 3918, and H.R. 4002 ... March 14 and May 23, 1990. Washington: U.S. G.P.O., 1990.

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Austin, Sarat, ed. Pain, death, and the law. Ann Arbor: University of Michigan Press, 2001.

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1947-, Vila Bryan, and Morris Cynthia 1961-, eds. Capital punishment in the United States: A documentary history. Westport, Conn: Greenwood Press, 1997.

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Mirković, Zoran S. Smrtna kazna i kazna trčanja kroz šibe u Srbiji 1804-1860: Rituali pogubljenja i javnog mučenja. Beograd: Pravni fakultet Univerziteta u Beogradu, 2013.

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United States. President (1989-1993 : Bush). Proposed legislation--Violent Crime Control Act of 1992: Message from the President of the United States transmitting a draft of proposed legislation entitled, the "Violent Crime Control Act of 1992.". Washington: U.S. G.P.O., 1992.

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United States. President (1989-1993 : Bush). Proposed legislation--Violent Crime Control Act of 1992: Message from the President of the United States transmitting a draft of proposed legislation entitled, the "Violent Crime Control Act of 1992.". Washington: U.S. G.P.O., 1992.

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United States. President (1989-1993 : Bush). Proposed legislation--Violent Crime Control Act of 1992: Message from the President of the United States transmitting a draft of proposed legislation entitled, the "Violent Crime Control Act of 1992.". Washington: U.S. G.P.O., 1992.

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Book chapters on the topic "Capital punishment – Law and legislation"

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Avio, Kenneth L. "Capital Punishment." In The New Palgrave Dictionary of Economics and the Law, 201–6. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_43.

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Alasti, Sanaz, and Eric Bronson. "Death Penalty in Sharia Law." In Routledge Handbook on Capital Punishment, 231–43. 1 Edition. | New York : Routledge, 2018.: Routledge, 2017. http://dx.doi.org/10.4324/9781315624723-14.

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Erez, Edna, and Kathy Laster. "Capital Punishment in Jewish Law 1." In Routledge Handbook on Capital Punishment, 218–30. 1 Edition. | New York : Routledge, 2018.: Routledge, 2017. http://dx.doi.org/10.4324/9781315624723-13.

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Freedman, Eric M. "New Frontiers in American Capital Punishment Litigation." In Ius Gentium: Comparative Perspectives on Law and Justice, 203–11. Dordrecht: Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-7599-2_8.

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Chiao, Vincent. "Capital Punishment and the Owl of Minerva." In The Palgrave Handbook of Applied Ethics and the Criminal Law, 241–61. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-22811-8_11.

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Johnson, David T. "Is Death Different? Two Ways Law Can Fail." In The Culture of Capital Punishment in Japan, 19–36. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-32086-7_2.

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Malton, Sara. "Remembering “The Hard Coinage of Punishment”: Forgery and the Legacy of Capital Legislation." In Forgery in Nineteenth-Century Literature and Culture, 19–46. New York: Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230619746_2.

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Bailey, Victor. "Sir Samuel Romilly, Observations on the Criminal Law of England as it Relates to Capital Punishments, 1810, Excerpts." In Nineteenth-Century Crime and Punishment, 184–95. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429504020-30.

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Atwell, Mary Welek. "The Legal Framework: Capital Punishment Law and the Rights of Foreign Nationals." In An American Dilemma, 23–39. New York: Palgrave Macmillan US, 2015. http://dx.doi.org/10.1057/9781137270375_3.

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Salomão Filho, Calixto, and Rachel Avellar Sotomaior Karam. "Social Enterprises and Benefit Corporations in Brazil: Projects for Corporate Qualification and Capital Market Regulation." In The International Handbook of Social Enterprise Law, 425–40. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_20.

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AbstractThe new economy challenges companies to identify ways to generate positive social and environmental impact through their activities so that a corporation’s purpose lies in not only making a profit for the shareholders but also adding value to its stakeholders. The article addresses the economic legal concepts by looking at the impact of economic activity on the collective and sets out the legal principles, grounds, and limits of application to concrete cases. An overview of social enterprises in Brazil is presented, considering the particularities of the national context and the absence of a specific legal format. Through legislation, the proposal to create the qualification of benefit corporations is laid out as a useful and ready-to-use tool to foster entrepreneurial initiatives. Additionally, capital market self-regulation is explored, as a measure aligned with sustainable development.
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Conference papers on the topic "Capital punishment – Law and legislation"

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Segeš, Vladimír. "Velezrada v uhorskom stredovekom práve." In Protistátní trestné činy včera a dnes. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9976-2021-3.

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Treason, or crime of unfaithfulness (nota infidelitatis) was considered as the most serious crime in Hungarian legislation and it included several crimes. It is first mentioned in a law enacted by king Matthias in 1462 that lists approximately 20 crimes. In the 1514 Tripartitum lists more than 30 crimes in 18 points which could be subdivided into 6 subgroups: malice against property (meaning the sovereign), treason and rebellion, violence against authorities and officials, heresy, forging of official documents and money, murder and defilement of relatives. Treason was punished by head and property of the perpetrator. Eventual granting of mercy by the ruler was usually related to the capital punishment but not confiscation of property.
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Liu, Mei. "Legislation on Educational Punishment." In 2016 2nd International Conference on Economy, Management, Law and Education (EMLE 2016). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/emle-16.2017.83.

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Kosorukova, Irina. "Causes FOR EXEMPTION FROM LEGAL LIABILITY AND PUNISHMENT." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/199-204.

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The article provides a general overview of such legal aspects as exemption from administrative responsibility and criminal punishment. Since the Russian Federation is a state governed by the rule of law, in which legal institutions must fully protect the rights and freedoms of citizens, it is necessary to try to study this issue so that it is possible to propose new or alternative solutions to the problems that exist today. Namely, the gaps in the legislation.
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Zaharia, Virginia. "The Philosophical Vision of Legal Punishment." In World Lumen Congress 2021, May 26-30, 2021, Iasi, Romania. LUMEN Publishing House, 2022. http://dx.doi.org/10.18662/wlc2021/73.

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The concept of punishment represents one of the most difficult legal issues that are related to the concept of human freedom and responsibility. Since Antiquity, the brilliant minds of humanity contemplated about the sense of punishment and the function of this institution. Each epoch analyses this concept from different aspects and some of them are reflected in the actual legislation. The most important principles of contemporary criminal law were expounded by the Ancient, Modern and Contemporary philosophers. The field of research of this article is the philosophy of punishment of criminal law. In this study, we have applied the method of historical research of the proposed topic, which gives us the opportunity to analyze the development of criminal punishment and its goals from a historical perspective. In this paper, we aimed to determine the philosophical base of the legal punishment that legitimizes the application of sanctions to the person who committed the crime. We established the importance of the theories developed by brilliant thinkers for the contemporary concept of penal retribution and legal regulation of this institution. This theme generates several discussions that are formed in the process of comparison and debating of the ideas of influential philosophers regarding the purpose of criminal punishment. Therefore, we consider that the analysis of the theories of great thinkers gives us the possibility to understand the complexity of the phenomenon of criminal punishment, and leads to the more effective application of state constraint towards the offender.
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Bokhan, Andrey Petrovich, Sergey Petrovich Bondarev, Khaet Saidamir Safarzoda, and Irina Anatolevna Sementsova. "Additional Type of Punishment for Road Traffic Crimes: Possible Ways of Reform." In VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010629400003152.

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Chistyakov, Kirill A., Elnur Fazil ogly Gadzhiev, and Normunds Ilmarovich Pavlukevich. "Peculiarities of the Criminal and Intelligence Nature of Imposing Punishment in the Form of Restriction of Freedom." In VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010635800003152.

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Konovalchyk, Ye O. "The imposition of a milder punishment than provided by law under the legislation of Ukraine and the Republic of Latvia." In NEW APPROACHES AND CURRENT LEGAL RESEARCH. Baltija Publishing, 2022. http://dx.doi.org/10.30525/978-9934-26-263-0-40.

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Vetešník, Pavel. "Urážka prezidenta republiky po roce 1945 až do současnosti." In Protistátní trestné činy včera a dnes. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9976-2021-7.

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The article deals with the definition of the legal regulation of insult of the President of the Republic and its punishment in the territory of the Czech Republic after 1945 up to the present. Due to the fact that such a definition has not always been made exclusively by legislation of a criminal law nature, the contribution will also focus on legislation of an administrative and private nature. During the elaboration of the contribution, mainly explanatory memoranda to the laws that introduced, changed or deleted the legal regulation of insulting the President of the Republic will be drawn. Periodical comments explaining the individual starting points of these legal regulations and related case law will also be a necessary helper. This will show an overall view of the legal regulation of insults of the President of the Republic in the period under review.
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Brilliantov, Aleksander, Andrey Aryamov, Sergey Sklyarov, and Mikhail Prostoserdov. "Russian experience in the implementation of the provisions of international legislation on criminal responsibility for an act of international terrorism." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.qdkh5591.

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This work aims to address the completeness and comprehensiveness of implementing the provisions of international law on criminal responsibility for an international terrorism act. The work used the method of dialectical knowledge, the comparative-legal method, the method of analysis of legal documents, and the synthesis of scientific data. The findings of the work are scientific data on the completeness and comprehensiveness of the implementation of the provisions of international legislation on criminal responsibility for an international terrorism act. The Russian experience in implementing the provisions of international legislation on criminal responsibility for an international terrorism act is comprehensive and complete, although it is debatable. The legislation considers both the criminal responsibility for committing an international terrorism act and its financing. Peculiarities of criminal responsibility and punishment for an international terrorism act are indicated that this crime is the most dangerous of those prohibited by the national legislation of the Russian Federation.
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Alade, Idowu Mojeed. "In Quest for Sanctity and Inviolability of Human Life: Capital Punishment in Herodotus Book 1." In 27th iSTEAMS-ACity-IEEE International Conference. Society for Multidisciplinary and Advanced Research Techniques - Creative Research Publishers, 2021. http://dx.doi.org/10.22624/aims/isteams-2021/v27p33.

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It is a common knowledge that workers both in the public and private sector spends their wages on critical needs such as rent, school fees, food, transportation, recharge cards and healthcare (moller,2004). They are also predominantly expose to economic risk, natural risk, health risk, life cycle risks, policy based and institutional risks, social and political risk (Geneva, ILO-STEP). Various government including Nigeria, historically have been able to introduce some forms of ad-hoc interventions programmes such as mortgage rent reduction, reduction in taxes, cancellation or postponement of loan payment and other form of direct subsidies (Townsend, 1994). Majority of these measures are privileges and not “right” in most developing countries including Nigeria (Sigma, 2005; UNDP 2003). Practiced in almost all ancient and traditional societies, with debates for and against, among lawgivers and philosophers, Capital punishment, also known as death penalty, was a part of the Athenian Greek law code as early as the time of Draco during the 7th Century BC. The debates and controversies continue until date. Is it just, unjust or a false justice? As at the year 2018, according to Amnesty International,1 55 countries of modern civilized world retain death penalty while a certain number have completely abolished it. Herodotus, the ancient Greek historian, in his Histories, record many instances of state sanctioned capital punishments. This paper, an attempt to accentuate the unjust nature of capital punishment and support its complete universal abolition, identifies three references to death penalty in Herodotus Book 1: combing, impaling and stoning. Book I of Herodotus was context analysed and interpreted with evidence from other relevant literary and historical sources. Arguments for death penalty include serving as deterrent to potential offenders and some sort of justice for the victims and family, especially in the case of murder; and the state, in the case of treason and other capital offences. Findings, however, revealed that capital punishment seldom curb potential criminals and might embittered and encouraged grievous crimes while discoveries of errors in judgment, among other reasons, could make death sentences unjust. The paper concluded by recommending prevention of such crimes necessitating capital punishments and proffered making greater efforts towards total abolition. Keywords: Capital punishment, Herodotus, Herodotus Histories, Justice, Death penalty.
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Reports on the topic "Capital punishment – Law and legislation"

1

Bohrer, Mandi L. Assessing the Efficacy of Capital Punishment in the War on Terror through the Lenses of History, Law and Theory. Fort Belvoir, VA: Defense Technical Information Center, May 2009. http://dx.doi.org/10.21236/ada512430.

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