Defining Death-Eligible Murder in China

2019 ◽  
Vol 67 (2) ◽  
pp. 327-382
Author(s):  
Michelle Miao
Keyword(s):  
The United States ◽  
Death Sentence ◽  
Reform Era ◽  
Life And Death ◽  
Capital Murder ◽  
Death Sentences ◽  
Elite Interviews ◽  
Substantial Decline ◽  
Defining Death ◽  
Central Purpose

Abstract The central purpose of this Article is to illuminate the process and politics of China’s sentencing regime for capital murder. Since 2007, China’s death penalty reform has resulted in a recalibration of the convicted murderer’s eligibility for execution. The reform heralded a substantial decline in the number of capital sentences, as well as a rise of an alternative to execution: the suspended death sentence. In the reform era, how do Chinese courts determine who should be spared from execution and who deserves the ultimate punishment of death? This Article uses a quantitative analysis of 369 capital murder cases, as well as elite interviews with forty judges—from China’s provincial-level Higher People’s Courts and the Supreme People’s Court—to analyze the political logic behind Chinese courts’ approach to defining the execution worthiness of convicted murderers. While there is a rich literature on capital sentencing in the United States, there is a dearth of comparative analysis of the challenges Chinese courts face in drawing the distinction between life and death sentences in the country’s unique social and political context. This Article seeks to make a contribution to this crucial topic.

Death Penalty Disposition in China: What Matters?

2016 ◽  
Vol 62 (1) ◽  
pp. 253-273 ◽  
Author(s):  
Yudu Li ◽  
Dennis Longmire ◽  
Hong Lu
Keyword(s):  
United States ◽  
Death Penalty ◽  
The United States ◽  
Death Sentence ◽  
Court Cases ◽  
Sentencing Decisions ◽  
Significant Relationships ◽  
Death Sentences ◽  
Capital Cases ◽  
Using Data

In theory, sentencing decisions should be driven by legal factors, not extra-legal factors. However, some empirical research on the death penalty in the United States shows significant relationships between offender and victim characteristics and death sentence decisions. Despite the fact that China frequently imposes death sentences, few studies have examined these sanctions to see if similar correlations occur in China’s capital cases. Using data from published court cases in China involving three violent crimes—homicide, robbery, and intentional assault—this study examines the net impact of offender’s gender, race, and victim–offender relationship on death sentence decisions in China. Our overall multiple regression results indicate that, after controlling for other legal and extra-legal variables, an offender’s gender, race, and victim–offender relationship did not produce similar results in China when compared with those in the United States. In contrast, it is the legal factors that played the most significant role in influencing the death penalty decisions. The article concludes with explanations and speculations on the unique social, cultural, and legal conditions in China that may have contributed to these correlations.

Stabilizing violence

2010 ◽  
Vol 20 (2) ◽  
pp. 296-324
Author(s):  
Sara Cobb
Keyword(s):  
Causal Relation ◽  
Structural Complexity ◽  
Death Sentence ◽  
Juror Decision Making ◽  
Life And Death ◽  
Sentencing Decisions ◽  
Capital Trials ◽  
Capital Murder ◽  
Capital Trial ◽  
Penalty Phase

Narratives matter. They shape the social world in which they circulate, reflecting and refracting the cultural limits of what narratives can be told, in what setting, to whom. From this perspective, they structure how we make sense of ourselves, as members of a community, but they also structure how we understand right and wrong, good and evil. Nowhere is this more apparent than in capital murder trials in which the narratives that are constructed are literally life and death matters. The research on narrative processes in capital trials documents how the courtroom is a place for “story-battles” where each narrative works to disqualify the other and legitimize itself, in an effort to structure jurors’ decisions. This is accentuated in the penalty phase of the capital trial where both mitigating and aggravating narratives “thicken” the narratives told in the guilt phase; in the penalty phase jurors make the decision to sentence the defendant to either life without the possibility of parole, or to death. While some research of juror decision-making shows that jurors favor the prosecution narrative and make up their minds to give the death sentence independent of the penalty phase narratives, other research on mitigation narratives shows that contextualizing the defendant, via mitigating narratives, can overturn the power of the prosecution narrative and lead to a life, rather than a death, sentence. This research seeks to avoid efforts to associate juror cognitive processes to narrative processes and instead seeks to examine the connection between jury sentencing decisions, for life or death, as a function of narrative closure which is, in turn, defined in terms of two narrative dimensions: structural complexity and moral transparency. Using this framework, the penalty phase narratives in two capital trials are compared along these dimensions; the findings suggest that moral transparency and structural complexity provide the foundations for narrative closure in the penalty phase, as both structural simplicity and moral obtuseness are characteristic of narratives that are not adopted by the jury. While the sample size is small, the narrative data is rich, and the study, overall, is intended not to suggest a causal relation between dimensions of narrative closure and jury sentencing, but rather aims to illustrate a method for assessing narratives in relation to jury sentencing in the penalty phase of capital trials. However, at the broadest level, the paper offers a framework for examining the way that narrative works to contain violence.

Horror and Death: Rethinking Coco's Border Politics

2020 ◽  
Vol 73 (4) ◽  
pp. 41-49
Author(s):  
Orquidea Morales
Keyword(s):  
The United States ◽  
Horror Film ◽  
Walt Disney Company ◽  
Life And Death ◽  
Walt Disney ◽  
Day Of The Dead ◽  
Animated Film ◽  
Border Politics ◽  
The Dead ◽  
The U.S

In 2013, the Walt Disney Company submitted an application to trademark “Día de los muertos” (Day of the Dead) as they prepared to launch a holiday themed movie. Almost immediately after this became public Disney faced such strong criticism and backlash they withdrew their petition. By October of 2017 Disney/Pixar released the animated film Coco. Audiences in Mexico and the U.S. praised it's accurate and authentic representation of the celebration of Day of the Dead. In this essay, I argue that despite its generic framing, Coco mobilizes many elements of horror in its account of Miguel's trespassing into the forbidden space of the dead and his transformation into a liminal figure, both dead and alive. Specifically, with its horror so deftly deployed through tropes and images of borders, whether between life and death or the United States and Mexico, Coco falls within a new genre, the border horror film.

The Use of the Death Penalty

1969 ◽  
Vol 15 (1) ◽  
pp. 43-56 ◽  
Author(s):  
Walter C. Reckless
Keyword(s):  
United States ◽  
Death Penalty ◽  
Capital Punishment ◽  
The United States ◽  
Death Sentence ◽  
Dramatic Reduction ◽  
Public Sentiment ◽  
Discernible Effect ◽  
The World ◽  
Important Trend

Undoubtedly the most important trend in capital punishment has been the dramatic reduction in the number of offenses statutorily punishable by the death penalty. About two hundred years ago England had over two hundred offenses calling for the death penalty; it now has four. Some countries have abolished capital punishment completely; a few retain it for unusual offenses only. The trend throughout the world, even in the great number of countries that retain the death penalty, is definitely toward a de facto, not a de jure, form of abolition. In the United States, where the death penalty is possible in three-fourths of the states, the number of executions has declined from 199 in 1935 to an average of less than three in the last four years. This change is related to public sentiment against the use of the death penalty and even more directly to the unwillingness of juries and courts to impose a first-degree sentence. The increasing willingness of governors to commute a death sentence and of courts to hear appeals also contributes to this decline. A review of the evidence indicates that use of the death penalty has no discernible effect on the commission of capital offenses (especially murder).

scholarly journals An EU recovery programme for Ukraine? Towards a new narrative for EU—Ukraine relations?

2018 ◽  
Keyword(s):  
The United States ◽  
Marshall Plan ◽  
Sovereign State ◽  
Success Stories ◽  
Self Help ◽  
Mixed Feelings ◽  
Elite Interviews ◽  
Post War ◽  
Shared Narrative ◽  
The Eu

In 1947, the United States of America launched the European Recovery Programme to support the post-war reconstruction of Europe. The Marshall Plan, as it became known after U.S. Secretary of State George C. Marshall, was one of the major success stories of US foreign policy in the twentieth century. The notion of an EU Recovery Programme for Ukraine provoked interest – and division in Ukraine. The enlargement of the EU in 2004 and 2007 demonstrated the EU’s capacity to mount grand economic and political projects. However, since then, the EU has faced difficulties exerting influence and constructing a coherent narrative of its role in the European neighbourhood and the wider world. Would a more transformative aid and development programme for its Ukrainian neighbour offer an opportunity for the EU as well as Ukraine? In this article we use a series of elite interviews conducted across Ukraine in 2016-17 to explore how such a notion is understood. We find that Ukrainian elites have mixed feelings about existing EU aid programmes; many respondents resented the conditions the EU imposes, but nor do they want or expect aid to be given unconditionally. Whilst many aspire for Ukraine to reach EU standards of law and prosperity, Ukrainian elites favour self-help in their efforts to forge a stable sovereign state. Both the EU and Russia are understood as metonymies – as standing for two sets of values and geopolitical futures – and neither quite fit what Ukrainians seek. We conclude that whilst a Marshall Plan-style action could have benefits, it is not desired as a basis for a shared narrative and basis of cooperation and development.

scholarly journals Confronting the North’s South: On Race and Violence in the United States

2017 ◽  
Vol 6 (1) ◽  
pp. 23-34 ◽  
Author(s):  
Elliot Currie
Keyword(s):  
United States ◽  
Social Economic ◽  
The United States ◽  
Cultural Development ◽  
Southern History ◽  
Life And Death ◽  
Crime And Punishment ◽  
The Us ◽  
Northern Country ◽  
Structural Roots

More than any other ‘Northern’ country, the United States is distinctive in the degree to which its social, economic, and cultural development has been entwined with the global South from the beginning: and we cannot adequately understand the state of crime and punishment in the US without taking that uniquely ‘Southern’ history into account. In this paper, I sketch some of the dimensions of one crucial reflection of that Southern legacy: the extraordinary racial disparities in the experience of violent death between African-Americans and Whites. These disparities contribute substantially to radically different patterns of life and death between the races, and constitute a genuine social and public health emergency. But their structural roots remain largely unaddressed; and in some respects, the prospects for seriously confronting these fundamental inequalities may be receding.

Race and the Death Penalty

2021 ◽  
Author(s):  
Anthony G. Vito
Keyword(s):  
Death Penalty ◽  
Racial Bias ◽  
The United States ◽  
Death Sentence ◽  
White Female ◽  
Court Cases ◽  
Wrongful Convictions ◽  
Black Defendants ◽  
Black Defendant ◽  
Modern Era

The relation of race and the death penalty has been a consistent issue in the United States in what is known as the “modern era” of capital punishment. The modern era is defined as being from 1972 to the present, following the Furman v. Georgia decision. Supreme Court cases examining race and the death penalty have considered the application of the death penalty. Issues and concerns have been brought up about whether using statistical evidence is appropriate to determine racial bias that can be used in court cases, the role of a mandatory death penalty, and concern over striking jurors from the jury pool due to race. A wealth of empirical evidence has been done in different areas of the country and has shown some evidence of bias or disparities based on various statistical analyses. One of the more common issues found is issues regarding the race of the defendant (i.e., Black defendant or Black male defendant), the race of the victim (i.e., White victim or White female victim), or interracial dyad (i.e., Black defendant and White victim) that impacts whether the death penalty is sought or imposed. Another concern is wrongful convictions and exonerations. The criminal justice system is not infallible, and this is no more so apparent when deciding to give a death sentence. Prior research has shown that Black defendants are more likely to be involved in cases later found to be wrongful convictions or exonerations. Due to the issue regarding race and the death penalty, two states Kentucky and North Carolina, have created Racial Justice Acts. The creation of these two acts is a good sign of efforts to deal with race and the death penalty. However, how its use and when shows that there is much more work is needed.

Measuring Innocence

2021 ◽  
Vol 24 (4) ◽  
pp. 601-654
Author(s):  
Marvin Zalman ◽  
Robert J. Norris
Keyword(s):  
United States ◽  
The United States ◽  
Wrongful Conviction ◽  
Conviction Rate ◽  
Felony Conviction ◽  
Time Period ◽  
Death Sentences

What is the rate of wrongful conviction? This question may be implicit in Blackstone’s ratio: “It is better that ten guilty persons escape than that one innocent suffer.” Scholarship designed to provide an empirical answer, however, emerged only with the rise of the “innocence movement” in the United States. This article does not provide another study estimating the rate of wrongful felony conviction either for a specified sample, such as death sentences within a specified time period, or for an entire jurisdiction. Instead, we evaluate the rate question itself and assess its importance to innocence scholarship and action. We first trace the question’s intellectual lineage, and its historical and ideological roots among innocence believers and innocence skeptics. We then describe and evaluate all or most of the published studies attempting to estimate the wrongful conviction rate. Next, we discuss a reoccurring limitation of this published work, namely, its failure to account for or its unsubstantiated assumptions about guilty pleas and misdemeanor convictions among innocent defendants. Finally, we question the continued importance of the rate question in light of the modern innocence movement and its growing accomplishments.

EARLY NEONATAL MORTALITY

PEDIATRICS ◽  
1979 ◽  
Vol 64 (5) ◽  
pp. 645-645
Author(s):  
R. H. R.
Keyword(s):  
Birth Weight ◽  
Low Birth Weight ◽  
Medical Technology ◽  
The United States ◽  
Mortality Rates ◽  
Good News ◽  
Low Birth Weight Infants ◽  
Low Birth Weight Infant ◽  
Early Neonatal Mortality ◽  
Substantial Decline

The United States has had a substantial decline in infant mortality rates. Mortality rates for low birth weight infants remained fairly stable prior to 1965, but have "decreased sharply" since then. The decrease in mortality among these infants accounted for more than half of the overall fall. The most likely explanation is the development and proliferation of medical technology for management of the low birth weight infant. Comment: Nice to hear some good news of what we are doing well. Regionalization and intensive care do make a difference.

Immigration and the Nation-State: The United States, Germany, and Great Britain. By Christian Joppke. Oxford: Oxford University Press, 1999. 356p. $72.00 cloth, $22.95 paper.

2001 ◽  
Vol 95 (1) ◽  
pp. 260-261
Author(s):  
Gary P. Freeman
Keyword(s):  
United States ◽  
Empirical Work ◽  
The United States ◽  
Nation State ◽  
Oxford University ◽  
Basic Law ◽  
National Comparison ◽  
Elite Interviews ◽  
Primary Materials ◽  
Cross National

This book will enhance Christian Joppke's growing reputa- tion as one of the most thoughtful commentators on the politics of international migration and citizenship. Immigra- tion and the Nation-State is an impressive cross-national comparison that builds on elite interviews and reanalysis of primary materials, but its chief value is in its bold synthesis and critique of a rapidly growing and highly disjointed secondary literature. Although it assesses a variety of theo- retical concepts, the book is primarily a historically rooted, richly empirical work of analysis and interpretation. Joppke deals expertly with three liberal states with different nation- hood traditions and immigration histories. The United King- dom is distinctive in that it was at once a nation-state and an empire. The United States is the only case of the three in which governments deliberately sought to foster immigration for settlement. Germany was a divided nation whose com- mitment to reunification, embedded in the Basic Law, posed particularly troublesome issues for immigration and citizen- ship policy.

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