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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Chandrawati, I. G. A. A. Fitria. "PIDANA PENJARA SEUMUR HIDUP ATAU PIDANA MATI (KONFIGURASI DILEMATIS ANTARA HUKUM DAN KEMANUSIAAN)." Kertha Semaya : Journal Ilmu Hukum 8, no. 12 (December 10, 2020): 1984. http://dx.doi.org/10.24843/ks.2020.v08.i12.p15.
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Tujuan Penelitian adalah untuk menganalisis sanksi pidana penjara seumur hidup menjadi alternatif dari penjatuhan sanksi pidana mati dan mengidentifikasi esensi antara pidana penjara seumur hidup dengan pidana mati. Penelitian ini memakai jenis penelitian hukum normative dengan pendekatan perundang-undangan, pendekatan historis dan kasus. Dengan ditunjang bahan hukum primer beberapa undang – undang yang menganut penerapan pidana mati, bahan sekunder teks – buku – buku hukum pidana, bahan jurnal – jurnal hukum, bahan tersier, kamus, ensiklopedi, harian surat kabar, teknis analisis deskriptif interpretatif – evaluatif argumentatif. Dengan simpulan temuan bahwa pidana penjara seumur hidup sering sebagai alternatif (pengganti) dari pidana mati guna menghindari kekeliruan dalam penjatuhan sanksi, juga untuk menghargai hak hidup seseorang sesuai prinsip HAM. Esensi pidana penjara seumur hidup dibandingkan dengan pidana mati sama – sama menyebabkan penderitaan fisik dan psikis bagi terpidananya, sanksi pidana tetap menimbulkan rasa derita, pembalasan dan sebagai bentuk pertanggung jawaban hukum bagi pelaku tindak pidana.
The aim of this research is to analyze life criminal law into criminal sanctions and verified life imprisonment. This research using a type of normative legal research with an approach legislation, historical approach and case approach. With supported by primary legal material several laws that adhere application of capital punishment, secondary legal materials in the form of texts, books criminal law, legal journals, tertiary material in the form of dictionaries, encyclopedias, daily newspapers and using material analysis techniques law in the form of descriptive analysis techniques interpretative-evaluative-argumentative, with the conclusion that life imprisonment often as an alternative (substitute) to capital punishment to avoid mistakes in imposing sanctions, too to better respect the right to life of a person according to human rights principles. Essence life imprisonment compared to capital punishment together causing physical and psychological suffering for the conviction, sanctions crime still causes pain, retribution and forms legal liability for perpetrators of criminal acts.
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Godek, Sławomir. "O PRAWNOKARNEJ OCHRONIE NASCITURUSA W III STATUCIE LITEWSKIM." Zeszyty Prawnicze 5, no. 1 (June 10, 2017): 175. http://dx.doi.org/10.21697/zp.2005.5.1.07.
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Legal and Criminal Protection of ‘nasciturus’ in the Third Lithuanian StatuteSummary The Third Lithuanian Statute of 1588 regulated the issue specified in the title only partly and quite inconsistently. On the one hand, the Third Statute introduced criminal responsibility for injuring a pregnant woman, which caused a miscarriage; nevertheless, the penalty was insignificant. On the other hand, the legislation stipulated that carrying out a capital punishment must be put off until a child’s birth, which shows the the Lithuanian legislator’s intention to respect the fetus’ right to life. The Statute also provided for the death penalty for abortion and infanticide; nevertheless - contrary to the German law applied in cities - it did notintroduce an explicit distinction between these two crimes. Another inconsistency of the Statute is a lack of punishment in case of a homicide of a bastard child.
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Nawawie, A. Hasyim. "Eksistensi Hukuman Mati di Indonesia." Jurnal Pemikiran Keislaman 28, no. 1 (December 21, 2017): 177–205. http://dx.doi.org/10.33367/tribakti.v28i1.475.
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This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.
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Hamm, Mark S. "Legislator ideology and capital punishment: The special case for Indiana juveniles." Justice Quarterly 6, no. 2 (June 1, 1989): 219–32. http://dx.doi.org/10.1080/07418828900090151.
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Suartha, I. Dewa Made. "Criminal Policy Formulation on Regulation of Death Penalties for Criminal Actors." Journal of Morality and Legal Culture 1, no. 1 (July 30, 2020): 12. http://dx.doi.org/10.20961/jmail.v1i1.44743.
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This article is encouraging this problem solving with finding and analyzing the formulation of the criminal offense criteria to punishable by death in Indonesian criminal law and reformulation of setting the criminal offender measurement that sentenced to death from the perspective of ius constituendum. The article based on normative legal research by examining primary and secondary legal materials by collecting legal-materials using a card system. The analytical approach uses legislation, concepts, and comparisons. The research analysis was present in the form of descriptive analysis with evaluative, systematic, formulating, and argumentative techniques in this article. The results of this research that conducted are the Indonesian criminal law does not regulate the criminal act criteria that punishable by death so that the execution of the death penalty results in injustice to both the perpetrator, the victim, and the community. The reformulation of Indonesian criminal law shall focus on the objectives and guidelines for the punishment of perpetrators of criminal offenses punishable by death refers to the Draft Criminal Code and the involvement of the victim and the community in their interests if in the execution of capital punishment there is a change to imprisonment or life imprisonment
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Simović, Miodrag, Marina Simović, and Vladimir Simović. "SENTENCE OF LIFE IMPRISONMENT IN THE LAW OF BOSNIA AND HERZEGOVINA AND CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS." Journal of Criminology and Criminal Law 59, no. 1 (May 21, 2021): 109–30. http://dx.doi.org/10.47152/rkkp.59.1.3.
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In the system of measures of societal reaction towards the perpetrators of criminal offences, all the modern criminal laws, including the new legislation of Bosnia and Herzegovina, recognise sentences in the first place. They are the main types of criminal sanctions whose purpose can be achieved to the fullest, and that is the protection of society and social goods from all forms and types of injury and threat caused by the commission of criminal offences. Given that in the structure of criminal offences occur those with serious consequences, violating the highest social values, committed with a severe form of guilt by a repeat offender, in concurrence or by a group or organised crime group, it is logical that all penal systems recognise the harshest sentence - longterm or life imprisonment - especially after the abolition of the death sentence - capital punishment, for the severest forms of crimes. The paper analyses issues related to the harshest sentence, long-term, or life imprisonment in Bosnia and Herzegovina, with the special emphasis on the European Court of Human Rights case law.
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Kamga, Gerard Emmanuel Kamdem. "Killing two birds with one stone: insights into the recent counterterrorism legislation in Cameroon." Verfassung in Recht und Übersee 53, no. 2 (2020): 190–208. http://dx.doi.org/10.5771/0506-7286-2020-2-190.
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The paper reviews counterterrorism legislation in Cameroon in relation to (in-) security, human rights and the rule of law. In December 2014, to step up the fight against the terrorist group Boko Haram, the Parliament of Cameroon enacted a new law on the suppression of acts of terrorism. However, owing to both its suppressive nature and serious threat to the security and rights of the people it claims to protect, the content of this law appears to be controversial. The author attempts to break down this legislation and argues that the distinctive feature of the recent counterterrorism legislation in Cameroon is the disappearance of the distinction between the perpetrators of terrorist activities and civilian populations as well as political opponents involved in national protests both being subject to capital punishment. In so doing, the author provides critical insights into a unique anti-terror universe, that is, the current socio-political situation in Cameroon. From the recent unrests and arrests following the controversial outcome of the 2018 presidential elections, to the crisis in the English speaking regions of Cameroon as well as the (bloody) suppression of journalists, emphasis is put on the extent to which the current legal architecture of the state has been overshadowed by a fearsome piece of legislation coupled with the hyperactivity of military judges who have been busy leading Kafkaesque trials almost on a full-time basis. In the end, what is noticeable is the extent to which the counterterrorism legislation of December 2014 unveiled itself as a suppressive device aiming at protecting the regime instead of a security arsenal for the sake of the society.
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JONES, PETER R. "It's Not What You Ask, It's the Way That You Ask It: Question Form and Public Opinion on the Death Penalty." Prison Journal 74, no. 1 (March 1994): 32–50. http://dx.doi.org/10.1177/0032855594074001003.
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For all their faults, public opinion polls are of great importance to public policymaking, especially on issues that are highly visible and controversial. In the context of capital punishment, researchers have repeatedly documented the strong relationship that exists among public, judicial, and legislative opinion. During the past two decades, popular public opinion poll results in the United States have shown considerable growth in the support of capital punishment. Although criticized as grossly overly simplistic, these polls are often employed to show that legislative and judicial decision making is “grounded” in consensual public opinion. A number of studies have questioned the validity of opinion polls as measures of attitudes on this issue—with apparent support for capital punishment dropping precipitously when alternative options, such as life imprisonment with absolutely no possibility of parole, are provided. The present article suggests that we are misinterpreting poll information in a more basic way—by effectively dissuading a “no opinion“ response through the use of a standard “no filter” question format. Even without providing additional information or alternatives to respondents, the present research suggests that reliance on standard questions that simply seek a favor/oppose response can overestimate support for and opposition to the death penalty. More important, the number of people with no clear opinion on this issue can almost double, simply by employing a different question format. Put simply, one of the most important determinants of public opinion on the death penalty is the way in which we pose the question.
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Niven, David, and Ellen A. Donnelly. "Who challenges disparities in capital punishment?: An analysis of state legislative floor debates on death penalty reform." Journal of Ethnicity in Criminal Justice 18, no. 2 (January 9, 2020): 95–122. http://dx.doi.org/10.1080/15377938.2019.1710316.
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Echeverri, Marcela. "Slave Exports and the Politics of Slave Punishment during Colombia’s Abolition Process (1820s–1840s)." Journal of Global Slavery 7, no. 1-2 (March 28, 2022): 73–102. http://dx.doi.org/10.1163/2405836x-00701006.
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Abstract This article focuses on the contentious process that characterized the slow, gradual abolition of slavery in Colombia and New Granada between 1821 and 1852. I investigate how in this period slaveowners in the southwest advocated for their right to export their slaves as a form of punishment. In the foundation of the antislavery Colombian Republic, the 1821 manumission law had prohibited Colombians from participating in slave trading. Yet the slave-owning elite justified their appeal for exporting their enslaved property by claiming that selling the slaves outside of Colombian territory (New Granadan after Colombia was dissolved in 1830) was a strategy to get rid of the Afro-descendant populations, whom they considered to be dangerous to the social order. I also study how the position of the enslaved in the southwestern region was politicized both by the military dynamics and legal changes underway after independence. Justifying slave exports as a punishment of the “unruly slaves” was not only a strategy of the slaveowners to regain their capital. It was, mainly, a form of empowerment in response to the challenges they faced as a class in the context of gradual abolition, including the state’s courting of slaves through antislavery legislation.
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Payana, I. Made Dwi, Ida Ayu Putu Widiati, and Ni Made Sukaryati Karma. "Penegakan Hukum terhadap Narapidana yang Melakukan Transaksi Narkotika di dalam Lembaga Pemasyarakatan." Jurnal Preferensi Hukum 1, no. 1 (July 27, 2020): 80–85. http://dx.doi.org/10.22225/jph.1.1.1988.80-85.
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Narcotics transaction or narcotics distribution, especially in correctional institutions has been very widespread; this is the impact of the loss of control of the existing system. This condition has an impact on the formation of a negative view of the community on the implementation of law enforcement, especially in the prison environment. So the problem under study is how to regulate sanctions related to narcotics transactions that occur within prison and how enforcement against inmates conducting drug transactions in prison law. By using the empirical normative legal research method (mix method) whit primary data sourced from Class II Penitentiary Kerobokan. The results of the study showed that the regulation of sanctions for prisoners who carry out narcotics transactions in prisons, namely the threat of capital punishment, life imprisonment, maximum imprisonment of 20 years and a minimum of 5 years. Whereas law enforcement in correctional institutions, namely severe disciplinary penalties, entered into a register, handed down register F, all prisoners’ rights will be lost, and passed on to the competent authority. The government in this case is the Ministry of Law and Human Rights should always collaborate with the National Narcotics Agency by visiting prisons regularly or allegedly as a place for narcotics transactions or distribution. Then with regard to legislation products that are already in force it should be noted again.
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Strange, Carolyn. "Ambivalent Abolitionism in the 1920s: New South Wales, Australia." International Journal for Crime, Justice and Social Democracy 11, no. 3 (September 1, 2022): 33–42. http://dx.doi.org/10.5204/ijcjsd.2474.
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In the former penal colony of New South Wales (NSW), a Labor government attempted what its counterpart in Queensland had achieved in 1922: the abolition of the death penalty. Although NSW’s unelected Legislative Council scuttled Labor’s 1925 bill, the party’s prevarication over capital punishment and the government’s poor management of the campaign thwarted abolition for a further three decades. However, NSW’s failure must be analysed in light of ambivalent abolitionism that prevailed in Britain and the US in the postwar decade. In this wider context, Queensland, rather than NSW, was the abolitionist outlier.
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SINARYATI, Ni Wayan, and I. Gede ARTHA. "Formulative Policy of Death Penalty for Corruptors in Indonesia." PRIZREN SOCIAL SCIENCE JOURNAL 4, no. 2 (August 31, 2020): 55–69. http://dx.doi.org/10.32936/pssj.v4i2.151.
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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.
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Khairunisa, Kania, and Dey Ravena. "Analisis Hambatan Pelaksanaan Eksekusi Pidana Mati pada Pelaku Tindak Pidana Peredaran Narkotika di Dalam Lembaga Pemasyarakatan Dihubungkan dengan Putusan Mahkamah Konstitusi Nomor 107/PUU-XIII/2015." Jurnal Riset Ilmu Hukum 1, no. 1 (July 5, 2021): 15–20. http://dx.doi.org/10.29313/jrih.v1i1.59.
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Abstract. Narcotics crime is one of the crimes categorized as extraordinary crimes or also called extraordinary crimes. Even though there are special rules on narcotics crimes, they also cannot hold back the circulation of narcotics crimes up to the correctional institutions which can even be carried out by death row inmates who have not yet been executed. This study aims to determine and understand the implementation of law enforcement in Indonesia for prisoners who commit narcotics crime in prison and to analyze what are the factors that hinder the execution of capital punishment in the case of narcotics distribution in prison by convicted prisoners who have been convicted capital punishment is connected with the Constitutional Court Decision Number 107 / PUU-XIII / 2015. This study uses a normative juridical approach. The research specifications used are descriptive analysis. Sources and types of legal materials used are primary legal materials supported by secondary legal materials. The data in this study were obtained through literature study. The data obtained were then analyzed by qualitative analysis methods to obtain conclusions from the problems studied. Based on the results of this research and discussion, it can be concluded that first, the perpetrators of narcotics trafficking offenses carried out in prison can be given prison sanctions and administrative sanctions. Second, the factors that cause obstacles in the implementation of capital punishment include the factors of legislation (legal substance), law enforcement factors, facilities and facilities factors, and community factors.
Abstrak. Tindak pidana narkotika merupakan salah satu tindak pidana yang di kategorikan ke dalam kejahatan luar biasa atau disebut juga extraordinary crime. Meskipun telah aturan khusus terhadap tindak pidana narkotika tetapi juga tidak dapat menahan peredaran tindak pidana narkotika hingga di dalam lembaga pemasyarakatan yang bahkan masih bisa dilakukan oleh terpidana hukuman mati yang belum dieksekusi. Penelitian ini bertujuan untuk mengetahui dan memahami pelaksanaan penegakkan hukum di Indonesia terhadap narapidana yang melakukan tindak pidana peredaran narkotika di dalam lembaga pemasyarakatan serta menganalisis apa sajakah faktor yang menghambat terlaksananya eksekusi hukuman atas pidana mati dalam hal peredaran narkotika di dalam lembaga pemasyarakatan oleh narapidana yang telah divonis hukuman mati dihubungkan dengan Putusan Mahkamah Konstitusi Nomor 107/PUU-XIII/2015. Penelitian ini menggunakan metode pendekatan yuridis normatif. Spesifikasi penelitian yang digunakan bersifat deskriptif analisis. Sumber dan jenis bahan hukum yang digunakan adalah bahan hukum primer yang didukung bahan hukum sekunder. Data dalam penelitian ini diperoleh melalui studi kepustakaan. Data yang diperoleh kemudian dianalisis dengan metode analisis kualitatif untuk memperoleh kesimpulan dari permasalahan yang diteliti. Berdasarkan hasil penelitian dan pembahasan ini dapat disimpulkan yaitu pertama, pelaku tindak pidana peredaran narkotika yang dilakukan di dalam lembaga pemasyarakatan dapat diberikan sanksi pidana penjara dan sanksi administrative. Kedua, faktor-faktor yang menjadi penyebab adanya hambatan dalam pelaksaan pidana mati di antaranya ialah faktor perundang - undangan (subtansi hukum), faktor penegakan hukum, faktor sarana dan fasilitas, serta faktor masyarakat.
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Guntara, Bima, and Fikri Jamal. "Penerapan Pidana Mati di Indonesia dalam Literatur Hukum dan Hak Asasi Manusia." Rechtsregel : Jurnal Ilmu Hukum 4, no. 2 (December 2, 2021): 237. http://dx.doi.org/10.32493/rjih.v4i2.16155.
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Sentencing is an important part of the criminal justice process. The implementation of the death penalty by the state through a court decision means that the state takes the convict's right to life which is a human right that cannot be reduced under any circumstances (non-derogable rights). Therefore, its implementation must pay attention to the human rights of the convict. The purpose of this study is to find out how the death penalty is applied in Indonesia and how to analyze the death penalty in Indonesia in the legal and human rights literature. The research method in this study includes library research, the main method that the author uses in collecting data is documentation. While the primary data is in the form of sources of Indonesian Criminal Law in the form of the Criminal Code and in particular some documentation on human rights and legislation outside the Criminal Code applicable in Indonesia. The secondary data are materials or references obtained from books, articles, journals and from the internet that are relevant to this problem. The regulation of the death penalty in Indonesia is contained in the Criminal Code legislation and outside the Criminal Code. According to statistical data and the hypotheses of several criminologists, the practice of capital punishment in Indonesia has not been proven to provide a deterrent effect to reduce crime rates. In addition to not providing a deterrent effect, the death penalty also violates the convict's right to life. The right to life is guaranteed in several human rights instruments, as stated in several articles of the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, American Convention on Human Rights, Law no. 39 of 1999 on Human Rights, and the Charter of Fundamental Rights of the European Union. In fact, the right to life is also guaranteed in Indonesia's highest constitution, namely Article 28I of the 1945 Constitution Keywords: Death Penalty, Law and Human Rights
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Ricciardelli, Lauren A., and Kevin M. Ayres. "The Standard of Proof of Intellectual Disability in Georgia." Journal of Disability Policy Studies 27, no. 3 (July 24, 2016): 158–67. http://dx.doi.org/10.1177/1044207316637546.
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Despite being the first state to abolish the capital punishment of defendants with intellectual disability (ID), Georgia is currently the only state to uphold what is considered to be the most stringent standard of proof of ID in the United States: beyond a reasonable doubt. Other states have implemented less stringent standards of proof (i.e., a preponderance of the evidence and clear and convincing evidence). Although the U.S. Supreme Court ruled the execution of persons with ID unconstitutional in the 2002 Atkins decision, states are at this juncture considered to have a great deal of discretion in defining what constitutes ID. In addition to raising concerns about the Eighth Amendment’s protection against cruel and unusual punishment, variation between state-determined definitions of ID raises important questions of equal protection of the law. On January 27, 2015, Mr. Warren Lee Hill was executed by method of lethal injection in the state of Georgia after the U.S. Supreme Court denied Mr. Hill’s claim to have met the state’s legal definition of ID beyond a reasonable doubt. This article provides a historical and legislative background for the case of Warren Lee Hill, while examining the definitions of ID (including adaptive functioning) in the legal and clinical arenas. Last, this article will take a critical stance with regard to the current diagnostic criteria being used in the state of Georgia.
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Westen, Peter. "Lex Mitior." New Criminal Law Review 18, no. 2 (2015): 167–213. http://dx.doi.org/10.1525/nclr.2015.18.2.167.
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In 2009, New Mexico prospectively repealed the death penalty. Three years later in 2012, New Mexico prosecuted a defendant for a capital murder that was committed before repeal, and it sought to subject him to the death penalty. If state prosecutors had prevailed with the jury, they would have secured the very kind of sentence—death—that state officials had been lauded in Europe for outlawing three years earlier. A prosecution like New Mexico’s could never occur in Europe, and not merely because Europe has long outlawed the death penalty. It could never occur because, in contrast to the law of most American jurisdictions, European states embrace a doctrine known as “lex mitior” (“the milder law”). The latter doctrine is a counterpart to the ex post facto prohibition. Both doctrines concern retroactivity in criminal law, but they are the converse of one another. The ex post facto doctrine prohibits retroactivity by prohibiting the state from prosecuting persons under criminal statutes that either retroactively criminalize conduct that was hitherto lawful or retroactively increase penalties for conduct that, while unlawful all along, was hitherto punishable less severely. In contrast, lex mitior mandates retroactivity by mandating that criminal defendants receive the retroactive benefits of repealing statutes that either decriminalize conduct altogether or reduce punishment for it. After surveying laws in the United States regarding the retroactive effect of ameliorative repeals, the author addresses whether punishing offenders under harsher laws that obtained at the time of their conduct can serve consequentialist and/or retributive purposes of punishment. He concludes that, although doing so can be morally justified under limited circumstances, typically it is not—a conclusion that bears upon lex mitior’s proper scope, whether it consists of a binding norm (as it is among European nations), a nonconstitutional norm (as it presently is within the United States), or, when legislative intent is uncertain, a function of the rule of lenity.
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Трощинский, Павел, and Pavel Troshchinskiy. "REGULATORY MEASURES AGAINST “DRUNK DRIVING”: CHINA’S EXPERIENCE." Journal of Foreign Legislation and Comparative Law 1, no. 6 (February 7, 2016): 0. http://dx.doi.org/10.12737/17115.
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The subject of this research includes legal regulations imposed by the Chinese government to combat alcohol (drug-)-impaired driving, and the most high-profile cases containing the elements of the offence at hand are listed as well. The author analyzes the current legislation of the People’s Republic of China that sets out criminal, administrative and disciplinary liability for “drunk drivers”. The research also includes provisions of the PRC Criminal Code, the Law of the People’s Republic of China on Road Traffic Safety, several regulatory instruments adopted by various national authorities, the PRC’s Supreme People’s Court’s elucidation on applying the existing legal regulations in the analyzed sphere. Special attention is paid to the statistical data that confirm the high degree of public danger of the offence at hand, as well as its influence on the overall criminal situation in the country. The conducted research is based on the comparative law methodology; a systematic approach, technical, historical and statistical methods are used to achieve objectives stated in the article. The academic novelty of the research is that comprehensive analysis of the Chinese government’s fight against “drink driving” (its regulatory aspect) has been carried out for the first time in the Russian Jurisprudence and Chinese studies. It is worth mentioning that Chinese law-makers have chosen to include into the Criminal Law a provision criminalizing the alcohol-(drug-) impaired driving regardless of the consequences. This step was preceded by a considerable increase in the number of road accidents caused by drunk drivers. Should two or more people die, Chinese courts impose harsh criminal liability measures on the perpetrator, up to life imprisonment or, in certain cases, even to capital punishment. Moreover, the “drunk driver” is to be dismissed from the civil service and expelled from the ruling party, if he was convicted of the offence at hand. Measures imposed by Chinese law-makers resulted in drastic decrease in the number of road accidents caused by drunk drivers, as well as in considerable decrease in the number of people killed on the Chinese roads.
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Munandar, Evan, Suhaimi Suhaimi, and Muhammad Adli. "Penanggulangan Tindak Pidana Kepemilikan Dan Penggunaan Senjata Api Tanpa Izin Dalam Sistem Peradilan Pidana." Syiah Kuala Law Journal 2, no. 3 (November 30, 2018): 338–53. http://dx.doi.org/10.24815/sklj.v2i3.11763.
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Pasal 1 ayat (1) dan ayat (2) Undang-Undang Darurat Nomor 12 Tahun 1951, menyatakan bahwa “Barang siapa, yang tanpa hak memasukkan ke Indonesia membuat, menerima, mencoba memperoleh, menyerahkan atau mencoba menyerahkan, menguasai, membawa, mempunyai persediaan padanya atau mempunyai dalam miliknya, menyimpan, mengangkut, menyembunyikan, mempergunakan, atau mengeluarkan dari Indonesia sesuatu senjata api, amunisi atau sesuatu bahan peledak, dihukum dengan hukuman mati atau hukuman penjara seumur hidup atau hukuman penjara sementara setinggi-tingginya dua puluh tahun. Namun pada kenyataannya di Wilayah Hukum Pengadilan Negeri Jantho masih terjadi tindak pidana penggunaan senjata api tanpa izin. Penelitian ini bertujuan untuk menganalisis faktor penyebab terjadinya tindak pidana kepemilikan dan penggunaan senjata api tanpa izin, upaya penanggulangan dan hambatan dalam penanggulangan tindak pidana tersebut. Jenis penelitian hukum dan pendekatan yuridis empiris, dengan teknik pengumpulan data melalui penelitian kepustakaan untuk memperoleh data sekunder dan penelitian lapangan untuk memperoleh data primer. Analisis data dengan metode kualitatif. Berdasarkan hasil penelitian diketahui bahwa faktor penyebab terjadinya tindak pidana kepemilikan dan penggunaan senjata api tanpa izin di wilayah hukum Pengadilan Negeri Jantho karena tujuan membela diri, alat untuk mencari nafkah, melaksanakan tugas sebagai anggota GAM. Upaya penanggulangan dilakukan secara preventif dan represif. Hambatan yang dihadapi kurangnya pengawasan oleh kepolisian maksimal.On the paragraph 1 article 1 and 2 of the emergency legislation no 12 of 1951, it was mentioned that “whoever, without permission producing, accepting, trying to attain, giving, trying to give, controlling, carrying, having, keeping, taking, hiding, using, or taking out the firearm, ammunition, or dynamite in Indonesia will be punished capital punishment, life imprisonment, or twenty years imprisoned punishment”. However, in the reality, in Jantho Jurisdiction region, there are still many of criminal act related to the unauthorized use of firearms. It was caused of the security factor in the living area and the lack of knowledge factor on unauthorized ownership of the firearms. This research aims to describe and analyze the causal factor of the criminal act on the unauthorized firearms in the jurisdiction region of Jantho and the effort made to overcome the criminal act of unauthorized ownership and use of firearm. This research is a type of law research, empirical juridical research, or sociology law research, with the technique of data collection conducted through library research to attain the secondary research and field research to attain the primary data. The technique of data analysis used in this research is qualitative. This method is used to easily to understand the causes observed and to connect the problem discussed. Based on the research result, it was revealed that the causal factor of the criminal act on the unauthorized gun ownership in the law area of Jantho court are: self-defense factor, earning money, the responsibility as an Aceh Free Movement member, the preparation to did other criminal act. The effort made to overcome the criminal act of unauthorized gun use by regularly giving the law and police raid. The repressive efforts made are by investigating, sue the perpetrators of criminal act on unauthorized gun use to the court based on the legislation, and deciding the criminal decision to the perpetrators by the judge.
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ZAIETS, O. "INSTITUTE OF MILITARY RISKS INSURANCE: IMPLEMENTATION OF NORMS OF INTERNATIONAL LEGISLATION." Economic innovations 24, no. 3(84) (September 20, 2022): 43–50. http://dx.doi.org/10.31520/ei.2022.24.3(84).43-50.
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Topicality. In almost all historical eras there have been attempts to reduce the misery caused by armed conflicts. The armed aggression of the Russian Federation against Ukraine, which began with the occupation of Crimea in February-March 2014, the hybrid war in Donbas since April 2014, and the open full-scale armed invasion on February 24, 2022, is not an exception, and is accompanied by an unprecedented destruction of the Ukrainian civilian population, including children, the destruction of Ukrainian cities, cultural and spiritual values forces the leadership of the country and ordinary people, in search of international protection, justice and punishment of the aggressor, to appeal to the norms of international law, regarding the search for compensation mechanisms for damages caused by using the possibilities of the insurance institute.Acquaintance with the foreign experience of conducting international insurance business will allow to form the prerequisites for the implementation of Ukraine's strategic course for integration into the global economic space. After all, the functioning of the insurance market of Ukraine in conditions of strengthening globalization and integration processes, trends of capital concentration in the financial sector of the economy determines the need to improve the methodical support of the functioning of the risk management system in insurance companies, taking into account world experience and military aggression from the Russian Federation.Aim and tasks. The purpose of the article is to contribute to the formation of fundamental knowledge regarding the peculiarities of conducting international insurance business and the functioning of the military risk insurance institute, its problems and modern trends, organizational-legal and financial-economic bases of activity and peculiarities of the implementation of international types of insurance and reinsurance for financing military risks, international experience of using financial instruments, forms of interaction between the insurance market and the capital market, the foundations of banking and insurance groups as institutions of the international insurance market.Research results. The implementation of the norms of international law covers various spheres of activity, starting from the adoption of legislative measures and ending with practical issues, for example, the implementation of certain methods and means of compensation for damages.The War Insurance Institute traces its origins to World War I legislation that created the agency to supplement the inadequate war insurance then available in the commercial insurance market. This agency, the Bureau of War Risk Insurance, had the authority to insure American vessels, freight, cargo, and crew against loss or damage caused by the risks of war. This agency was later abolished and its merchant shipping functions were taken over by the Maritime Administration, Department of Commerce.Risk is a concept that is universal in everyday use. It is simply an expression of the potential of a certain action to result in a certain loss. Risk is a combination of the probability of an event and its consequences. awareness of the consequences of various actions or events is clearly necessary to make informed decisions about public safety. If the core of a nuclear reactor melts down, there will be a massive release of radioactivity. Even if it were contained to a nuclear plant, the public trauma would cause pressure to shut down the nuclear industry, as happened in Japan. This key paradigm, which has been highlighted in the risk literature for more than half a century, shows that awareness of the probability of an adverse event should also be important to decision makers.War risk insurance is an insurance policy that provides financial protection to the policyholder against losses due to events such as invasions, insurrections, riots, strikes, revolutions, military coups and terrorism.Conclusion. The possibilities of insurance companies are also limited in the context of compensation for losses from hostilities. The Government of Ukraine should work on this complex issue. Carry out work on the assessment of losses that have already been caused or may be caused in the future in order to have grounds for bringing the aggressor to justice. The Russian Federation must pay. Also, the mechanism needs to attract international assistance to create a Fund from which compensation will be paid. The creation of such a Fund guarantees the coverage of losses of vehicles - wagons, planes, barges, etc.The Institute of Military Risk Insurance needs to focus on the following conclusions: military risk insurance is the coverage of losses arising from such events as war, invasion, insurrection, riots, strikes and terrorism; military risk insurance is offered as a separate policy, as it is excluded from standard insurance policies due to high risks; companies operating in high-risk countries are good candidates for military risk insurance; military risk insurance is often excluded from standard policies due to the inability of insurance companies to accurately predict losses and, therefore, charge appropriate premiums.
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Febrian, Nurhidayatuloh, Helena Primadianti, Ahmaturrahman, and Fatimatuz Zuhro. "A Gap Between Right to Live Protection and Death Penalty in Indonesia (Judges Decision on Cases Threatened Death Penalty)." SHS Web of Conferences 54 (2018): 02005. http://dx.doi.org/10.1051/shsconf/20185402005.
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In Indonesia, right to life and death penalty has been perceived separately both by legislative and judiciary institutions. It can be seen from the government stand to ratify covenant regarding to right to life, but impose death penalty. This article is trying to elaborate judges’ decisions to cases threatened to death at district courts in South Sumatra and Yogyakarta Province. The research will contribute to provide an understanding of judges to the Article 6(2) ICCPR in both provinces. The main methods for this research comprise literature review and review of selected verdicts from district courts in both provinces. The data will be supported by several interviews to several judges serving in the district courts. As a result, none of the verdicts provide a consideration on human rights law set forth in the Article 6(2) for the cases threatened to death. In contrast, some judges believe that capital punishment has a deterrent effect for others. Fortunately, in some district courts, the judges are for sure that death penalty is the very last choice for very sadistic culprit when there is no mitigating circumstance in sentencing.
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Tarasevich, Tetyana, and Vitaliy Lazarenko. "Criminal liability for bringing bankruptcy of certain business entities." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 378–82. http://dx.doi.org/10.36695/2219-5521.2.2020.72.
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The article distinguishes between financial insolvency and bankruptcy, which is recognized by the economic court as the debtor’sinability to satisfy monetary claims of creditors differently than through the application of the liquidation procedure. The legislation ofUkraine on criminal liability for bankruptcy provides for a fine of two thousand to three thousand non-taxable minimum incomes ofcitizens with the deprivation of the right to occupy certain positions or engage in certain activities for up to three years.Bringing an enterprise to bankruptcy, in particular state or state-owned, is very common in Ukraine and outwardly manifests itselfmainly as covert forms of privatization. Such actions against state-owned enterprises result not only in dubious privatization agreements,but also in the destruction of integral property complexes of strategically important objects for the state, a sharp rise in unemployment,and so on.The activity of agricultural enterprises plays an extremely important role in the development of the market economy of Ukraine,as it is caused by attracting a significant amount of investment in the economy of our country and improving the economic situation inUkraine. The share of agriculture in Ukraine’s GDP in 2019 was 8.9%, or almost 360 billion hryvnias.At the same time, for the bankruptcy of an agricultural or state-owned enterprise, the guilty person may be punished by a finewith restriction of the right to hold certain positions or engage in certain activities. The imposition of a penalty in the form of a finewith restriction of certain rights for the commission of this crime is not sufficient to achieve the purposes of punishment and entails aninjustice in the application of criminal law, which cannot be considered acceptable. Conclusions have been drawn on the need tostrengthen criminal liability for bankruptcy of an agricultural, state-owned enterprise and enterprise, in the authorized capital of whichthe share of state ownership exceeds 50 percent.
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Powell, Lewis F. "Capital Punishment." Harvard Law Review 102, no. 5 (March 1989): 1035. http://dx.doi.org/10.2307/1341469.
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CHOI, Jihee. "Changes in pharmaceutical market and “fake drug” problem in the Qing period." Korean Journal of Medical History 30, no. 2 (August 31, 2021): 277–315. http://dx.doi.org/10.13081/kjmh.2021.30.277.
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Since ancient times, fake drugs have been on the market in Chinese society. However, during the Ming-Qing Dynasty, this problem intensified as the size of the pharmaceutical market grew, the collection and distribution structure of pharmaceutical products became increasingly complex, and the phenomenon of separation between the prescription and distribution of drugs advanced. Additionally, the government did not manage the manufacturing or quality of drugs and there was no law or institution designed to solve the problem of fake drugs. Furthermore, social opinion also criticized the widespread problem of fake drugs, and patients and doctors had to rely on various pharmacognostic books and medical knowledge to find reliable drugs in the drug market. Meanwhile, as merchants participated and invested commercial capital in the pharmaceutical industry, large reputable pharmacies began to emerge in large cities and produced drugs. With the commercialization of the pharmaceutical market, the public gained interest in drugs and consumed drugs produced by these pharmacies. Moreover, there were frequent problems in the market as fake drugs imitating popular drugs were distributed and the names of famous pharmacies were stolen. Although fake drugs were a universal social problem, the Qing government was reluctant to strictly control them tried to solve this issue by enforcing banning and punishment through local governments. Prominent pharmacies filed several lawsuits against the government over the theft of fake drugs and drug names. They also advertised the legitimacy and authenticity of drugstore to the public and customers. Doctors and merchants responded to the problem of fake drugs by following occupational morality, developing drug discrimination, cracking down on organizational discipline, filing complaints with government offices, and advertising their authenticity. However, the fake medicines did not easily disappear despite such a response, as there was no state control or legislation. Evidently, the pharmaceutical market was already highly commercialized and its structure were complex. Moreover, the financial benefits of fake drugs, competition in the pharmaceutical market, and public demand for drugs with similar effects at low prices also affected the popularity of fake drugs. Hence, the distribution of fake medicine in the Qing society can be seen as a phenomenon of separation between the prescription and distribution of drugs, commercialization and consumption of drugs, and competition on the medical market.
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van den Haag, Ernest. "For Capital Punishment." Israel Law Review 25, no. 3-4 (1991): 460–65. http://dx.doi.org/10.1017/s0021223700010542.
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The moral argument contends that crimes deserve retribution, that to impose the deserved punishment is to do justice, and that justice is a moral requirement, an end in itself, independent of any useful effects. The moral desirability of justice can be explained, but not demonstrated in non-deontological fashion. In penal matters, justice and deserved retribution are synonymous. It is for the sake of justice that we try to punish the guilty and not the innocent. Innocents do not deserve punishment. Because of justice, we would not impose punishment on them, even if it were useful to do so.
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HOOD, ROGER. "Capital Punishment." Punishment & Society 3, no. 3 (July 2001): 331–54. http://dx.doi.org/10.1177/1462474501003003001.
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Rossetti, Livio. "El ateísmo considerado como delito extremo en las Leyes de Platón." Theoría. Revista del Colegio de Filosofía, no. 6 (November 1, 1998): 75–86. http://dx.doi.org/10.22201/ffyl.16656415p.1998.6.197.
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This article focuses on Plato’s conception of atheism in the tenth book of the Laws. The Laws themselves are seen as Plato’s last great effort to propose a written code, a project that involves major theorizing. In contrast, the treatment of atheism as a capital crime appears merely as the working out of questions of detail (which feature prevention, a subtle typological analysis of atheists, and the means of eventual repression). Punishment of atheism is a strategic principle, closely associated with a new conception of punishment that includes the possibility of long-term imprisonment for offenders that commit serious crimes. The set of the relevant legislative dispositions against religious offenders is thus put in context (of which the broad outlines are the civil and penal codes), payingspecial attention to ‘unspeakable crimes’. The paper puts in perspective the significance of Plato’s last written work (particularly its pioneering character in the history of formal codification of law) and stresses how he restates his thoughts on what political life and its rules should be, thus substantially (and valuably) revising the utopia of the Republic. The main point of contrast between these works can be said to consist in a shift from the philosopher-king to the embodiment of values in the laws, the promotion of a complex system of internalization of rules and values in all citizens and by all citizens, the establishment of numerous means to achieve the conditions and social atmosphere in which the laws can actually come to live inside each and every one. This represents a considerable change if we compare it to the absolute trust put upon philosopher kings in the earlier work. It is, then, against this general background that Plato’s notion of atheism as “the worst of crimes” should be understood. The strong bond between religion and public morality is the basis supporting the set of social policies, measures of detection and strategies of repression of atheism that Plato proposes (described and briefly discussed by Rossetti). So, considering all that Plato carefully prescribes in the tenth book of the Laws, if atheism and impiety appear as the worst sort of crimes, punishable in a few extreme cases by death, this suggests, on the one hand, that the level of cruelty known in classical times was quite low by modern standards, and secondly, that Plato shows a rather admirable moderation for his time. Making atheism punishable by death and so perhaps the only really unspeakable crime is then only an “extreme prophylactic measure”, not “vengeance of the state”.
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White, Welsh S., Franklin E. Zimring, and Gordon Hawkins. "Patterns in Capital Punishment." California Law Review 75, no. 6 (December 1987): 2165. http://dx.doi.org/10.2307/3480550.
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Schnapper, Eric, and Welsh S. White. "The Capital Punishment Conundrum." Michigan Law Review 84, no. 4/5 (February 1986): 715. http://dx.doi.org/10.2307/1288842.
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Robertson, James E., and Roger E. Schwed. "Abolition and Capital Punishment." Journal of Criminal Law and Criminology (1973-) 76, no. 2 (1985): 553. http://dx.doi.org/10.2307/1143625.
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Heyd, David. "Capital Punishment: A Comment." Israel Law Review 25, no. 3-4 (1991): 481–87. http://dx.doi.org/10.1017/s0021223700010566.
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It seems that nothing new can be said about the issue of capital punishment. And of course even this apologetic proposition itself is hardly original as is attested by the opening remark of Justice Mosk's paper. Yet, this is not an uncommon plight for a commentator in a philosophical conference on capital punishment, and particularly so when his task is to join into a long, comprehensive, and sophisticated debate between two of the major contestants in this battle. Actually, I feel almost like a child invading the privacy of its parents engaged in one of their quarrels. I use this metaphor because, for me, the names Bedau and van den Haag connote the “pro” and “con” attitudes to capital punishment since my philosophical childhood. I still have my notes, taken twenty years ago while reading as a student the exciting exchange in Ethics between these two sharp, persistent, uncompromisingly critical philosophers. They have introduced me into the subject which has interested me since, without of course imagining at the time that I will ever have the chance to get personally involved in their debate.
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Schwarzschild, Henry. "Reflections on Capital Punishment." Israel Law Review 25, no. 3-4 (1991): 505–11. http://dx.doi.org/10.1017/s002122370001058x.
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I, too, want to express my gratitude to Mishkenot Sha'ananim and to Ms. Karin Moses for their organization of this Conference and for their accommodating hospitality, and to Prof. Igor Primoratz of the Hebrew University for his thoughtful invitation to me to participate and for his almost inexhaustible patience in waiting for my paper.I should mention also the pleasure of being with so many distinguished scholars from Israel, Europe and America, some of them old comrades (or antagonists) in the work for social justice, all of them, I fear, the intellectual betters of someone who, like myself, is (as it were) a professional activist rather than a systematic thinker. I am honoured to be in their company.
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Johnson, David T., and Franklin E. Zimring. "Taking Capital Punishment Seriously." Asian Journal of Criminology 1, no. 1 (September 1, 2006): 89–95. http://dx.doi.org/10.1007/s11417-006-9002-z.
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Gorecki, Jan, Ernest van den Haag, and John Conrad. "Capital Punishment: For or against?" Michigan Law Review 83, no. 4 (February 1985): 1180. http://dx.doi.org/10.2307/1288813.
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Burgess‐Jackson, Keith. "Sham arguments and capital punishment." Criminal Justice Ethics 16, no. 2 (June 1997): 3–6. http://dx.doi.org/10.1080/0731129x.1997.9992031.
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Ten, C. L. "Mill’s Defense of Capital Punishment." Criminal Justice Ethics 36, no. 2 (May 4, 2017): 141–51. http://dx.doi.org/10.1080/0731129x.2017.1358919.
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Feng, Jun. "Capital punishment, criminals and enemies." Frontiers of Law in China 1, no. 2 (June 2006): 210–20. http://dx.doi.org/10.1007/s11463-006-0005-6.
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Walsh, Anthony, and Virginia L. Hatch. "Capital Punishment, Retribution, and Emotion." New Criminal Law Review 21, no. 2 (2018): 267–90. http://dx.doi.org/10.1525/nclr.2018.21.2.267.
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This article explores the emotions behind the retributive urge as it applies to the death penalty in the United States. It is argued that the retributive urge is so strong because it engages the most primitive of our emotions, and that these emotions served adaptive purposes over the course of human evolution. Many scholars offended by the retributive instinct insist that we must put emotions aside when discussing the death penalty, even as jurors in death penalty cases, and rely on our rationality. To ask this is to ask what almost all normal people find impossible because the emotions evoked in capital cases (disgust, anger, sympathy for the victim, desire for justice) evolved for the purpose of maintaining group stability and survival by punishing freeloaders. Modern neuroscience has destroyed the traditional notion that rationality and emotion are antagonists. Brain imaging techniques show that they are fully integrated in our brain wiring, and both are engaged in decision making, but when reason and emotion yield conflicting judgments, the latter almost always triumphs. The evolutionary rationales for why emotions conducive to punitive responses for wrongdoers exist are examined.
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Davidson, Mark. "The ritual of capital punishment." Criminal Justice Studies 24, no. 3 (August 9, 2011): 227–40. http://dx.doi.org/10.1080/1478601x.2011.593341.
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SPOIALA, Loredana Catalina. "Capital Punishment - between Crime and Law." Logos Universality Mentality Education Novelty: Law 7, no. 1 (June 25, 2019): 36–40. http://dx.doi.org/10.18662/lumenlaw/16.
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