Exception, Symbolism and Compromise: The Resilience of Treason as a Capital offence

Author(s):  
Ron Dudai

Abstract This article explores the causes, forms and consequences of the resilience of treason as a capital offence. Though generally overlooked by the literature on the death penalty, treason has been the second most common capital offence—after murder—in states’ law books in the post-WWII world and has had tangible effects on abolition trajectories. The article first traces the transformation of treason from the paradigmatic capital offence in the pre-modern era to a peripheral yet persistent component of contemporary death penalty. It then analyses and explains the dynamic of ‘exempting’ treason from abolition for common crimes. The third section examines situations where treason remains a capital offence on the books but is rarely used, functioning as ‘symbolic law’ with important consequences and spillover effects. In the conclusion, I argue that treason laws could become a central obstacle in the path to full global abolition of the death penalty.

Author(s):  
Kwaku Boamah

The formation of the Christian canon was not a one day venture. Some scholars maintain it spanned from the first up to about the fourth centuries. This paper has three main parts: the first draws a linear process of canon generation, beginning from text to scripture and possibly becoming canonical. The second focuses on the creation of the Christian canon by exploring the stages and the implications of naming the canon as `Testaments`. At the heart of the study is a consideration of the use and inclusion or exclusion of the Jewish scripture by Christians as discussed by a heretic (Marcion) and three Anti-heretics (Justin Martyr, Irenaeus and Tertullian) in the 2nd and/or 3rd centuries of the Roman Empire. The third part takes an example of a modern church (Church of Christ) whose reception to the Old Testament is one of skepticism. Furthermore, the level of usage of the Old Testament by the Church of Christ is key for the thesis of this paper. It is, therefore, important to assess a possible relationship between Marcion and the Church of Christ. Historical, theological and an interview are employed to explore these developments. The paper concludes that by the naming of the Christian canon and inclusion of the Jewish scriptures, the Christian identity can be described as Judeo-Christian. This description has impacted Christian formation and development a great deal from antiquity to the modern era. Marcion and his followers did not take this lightly in the first four centuries of the Christian history. On the other hand, in the nineteenth century the Church of Christ seemingly follows this example in antiquity on including the Old Testament as part of the Christian canon.


Author(s):  
Anthony G. Vito

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.


Author(s):  
Ravinder Kumar

A formal industrialization commenced with steam power generation and the application of machines that mechanized the industrial work in past. Subsequently, the development in electric power, the assembly lines, and mass manufacturing led toward the third era of numeric control and automation. Now in modern era of industry 4.0, robots connected with the computers and machines. Tools are working on machines learning algorithms and running the cyber physical manufacturing systems. Sensing the need of hour, Indian manufacturing organizations are working hard to implement the practices of Industry 4.0. Working on identical direction, the author has identified 12 enablers poignant the espousal of Industry 4.0 in Indian manufacturing sectors from literature review and by opinion of experts. Further, the author has used Decision Making Trial and Evaluation Laboratory (DEMATEL) technique for developing the structural and circumstantial kinship among the enablers of Industry 4.0.


2020 ◽  
Vol 16 (1) ◽  
pp. 421-431
Author(s):  
Sheri Lynn Johnson

With respect to African Americans, the history of racial discrimination in the imposition of the death penalty is well-known, and the persistence of racial disparities in the modern era of capital punishment is well-documented. In contrast, the influence of Latino ethnicity on the imposition of the death penalty has been studied very little. A review of the limited literature reveals evidence of discrimination against Latinos. Archival studies generally find ethnicity-of-victim discrimination, and some of those studies find ethnicity-of-defendant discrimination disadvantaging Latino defendants; these findings parallel the findings of the much more robust literature investigating bias against African American defendants and victims. The controlled experimental studies generally show both ethnicity-of-defendant and ethnicity-of-victim discrimination disadvantaging Latinos. Related literature investigating stereotypes, animosity, and discrimination in other criminal justice decisions further suggests the likelihood of ethnicity discrimination in the imposition of capital punishment, as well as the need for further research.


Author(s):  
Paul Kaplan

The death penalty, also referred to as capital punishment, is the process whereby a state government orders a sentence of death for a person found guilty of a particular set of criminal offenses. In the United States, the primary capital crime is first-degree murder with an additional aggravating factor, usually called a “special circumstance” (e.g., murder of a law enforcement officer). Capital punishment is a complex process that includes a criminal charge, an involved legal process, sentencing, special “death row” prison housing, post-conviction appeals, and the ultimate execution of the defendant. Persons sentenced to death are called condemned. Execution refers specifically to the process in which the defendant is killed. Capital punishment has been practiced throughout human history, with considerable variation across eras and regions. In the last 50 years, the use of capital punishment has declined across the globe, and there are relatively few countries that use it regularly as a form of punishment, most notably China. Some countries have abolished the death penalty completely, such as all member states of the European Union. Most other countries have seen a decline in its use. For instance, only 31 out of 50 states in the United States currently have death penalty statutes (there are also federal death penalty statutes, which are rarely used). The other 19 U.S. states are referred to as “abolitionist.” The “modern era” of capital punishment in the United States was spurred by two important Supreme Court cases. The Furman v. Georgia (1972) decision ruled that arbitrariness in the application of the death penalty deemed its use unconstitutional. The reversal of that ruling four years later in Gregg v. Georgia (1976) reestablished the death penalty in America, and experts refer to the modern era as 1976 to the present.


2014 ◽  
Vol 27 (1) ◽  
pp. 47-55 ◽  
Author(s):  
Juliet Kamuzze

The Ugandan Taskforce on developing sentencing guidelines recently drafted sentencing guidelines for Uganda, which were issued as practice directions by the Chief Justice to assist judges and magistrates in the sentencing decision making process. Like in many other jurisdictions, the sentencing guidelines have been developed to address the perceived existence of inconsistencies in sentencing of similarly placed offenders. This article offers the first insight into Uganda's new sentencing guideline reform. Part I offers some brief commentary on the nature of discretionary sentencing in Uganda. This is followed by a concise chronology of the historical origins of the guidelines, including a brief commentary on the Ugandan Supreme Court decision in the Kigula case that abolished the mandatory death penalty. This decision created a new era of discretionary capital sentencing in Uganda, which later precipitated the need for the development of the guidelines. The third section provides an insight into the main features of the sentencing guidelines, including the composition and mandate of the Ugandan Taskforce that drafted the sentencing guidelines and a brief commentary on the scope and contents of the guidelines. This section addresses some important weaknesses confronting the Uganda guidelines. The article suggests that the Ugandan Taskforce crafted the guidelines on a loose definition of consistency which has given consistency as the main goal of the guidelines a meaningless function. The article concludes that consistency would be given a meaningful function if Uganda's guidelines are modeled on a limiting retributivism justification.


In this modern era, all organizations depend on internet and data so, maintaining of all data is done by the third party in large organizations. But in this present on-developing world, one have to share the data inside or outside the organization which incorporates the sensitive data of the venture moreover. Data of the organization have sensitive data which should not share with any others but unfortunately, that data was there in the third party hands so; we need to protect the data and also have to identify the guilt agent. For this, we propose a model that would evaluate and correctly identifies guilt agents, for which a recursive partitioning has been created which is a decision tree that spills data in to the sub partitions and does the easiest way to get alert and at least one specialist or it can autonomously accumulate by some different means. The main intention of the model is to secure sensitive information by recognizing the leakage and distinguish the guilt agent.


2020 ◽  
Vol 2 (1) ◽  
pp. 1-6
Author(s):  
Anamika Patel ◽  

The vast ocean of Indian Santana scriptures contains a lot more gems of wisdom for the modern era than they are accounted for. One such deep sea of knowledge is Vidur Neeti, given in Mahabharata). Vidur Neeti, mentioned in the third chapter of Udyog Parva of Mahabharata, contains the age-old wisdom which offers new insights every time anyone explores the depths of its pages. Prajaagara Parva- a subsection of Udyog Parva, includes a dialogue between King Dhritarashtra, and Prime-minister Vidur wherein Vidur advises the king about the proper code of conduct. The paper lists those verses which describe wise and foolish qualities, which can be attributed to a good and bad leader, respectively.


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