scholarly journals Caribbean Constitutions and the Death Penalty

2020 ◽  
pp. 420-454
Author(s):  
Margaret A. Burnham
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
International Standards ◽  
Small States ◽  
Appellate Courts ◽  
Political Complexity ◽  
Local Practices ◽  
The Status ◽  
Commonwealth Caribbean ◽  
Caribbean Court Of Justice

The states of the Commonwealth Caribbean have sought to pursue a constitutional path that rests upon the ancient origins of the English common law while also speaking to the unique needs and aspirations of their dynamic and diverse populations. To advance this project, in 2005 the Caribbean Court of Justice was launched to indigenize and harmonize the constitutional law of these small states. An area of great legal intricacy and political complexity has been the death penalty. While capital punishment is declining in popularity and usage around the world, by and large the Commonwealth Caribbean states have resisted these trends. It has been for the appellate courts in the region and in London to integrate local practices, regional rules, and international standards. This chapter examines the origins of Commonwealth Caribbean capital punishment jurisprudence, the status of the mandatory penalty, and the effect of the savings clause on human rights adjudication in this arena.

scholarly journals The Caribbean Court of Justice: A New Judicial Experience

2009 ◽  
Vol 37 (2) ◽  
pp. 219-238 ◽  
Author(s):  
Désirée P. Bernard
Keyword(s):  
Legal Profession ◽  
Caribbean Region ◽  
Privy Council ◽  
Appellate Courts ◽  
Court Of Justice ◽  
The Caribbean ◽  
Commonwealth Caribbean ◽  
Caribbean Court Of Justice ◽  
Court Of Appeal

The inauguration of the Caribbean Court of Justice in April 2005 represented the culmination of aspirations in earlier years to establish a court of last resort for the Caribbean Region to replace the Judicial Committee of the Privy Council (The Privy Council) which was and still is for most Commonwealth Caribbean jurisdictions, the final court. These aspirations were endorsed by the legal profession through the Organisation of Commonwealth Caribbean Bar Associations (OCCBA) over thirty years ago, although the idea of such a court was not an original one having been contemplated early in the last century. The court was envisaged as a Caribbean Court of Appeal with an appellate jurisdiction hearing appeals from domestic appellate courts and an original jurisdiction to interpret regional treaties.

THE CONTINUING DEBATE ON DEATH PENALTY: AN EXPOSITION OF INTERNATIONAL, MALAYSIAN AND THE SHARI'AH PERSPECTIVE

2015 ◽  
Vol 23 (1) ◽  
Author(s):  
Shamrahayu Abdul Aziz
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Court Decisions ◽  
Federal Constitution ◽  
The Status ◽  
Legal Position ◽  
International Instruments ◽  
Human Rights Violation

The debate on the death penalty seems endless. Some see the death penalty as a form of human rights violation, while others consider it as a means to preserve and protect the rights of others. This article provides an exposition of the death penalty from the international, Malaysian and Shari‛ah perspectives. In doing this, a brief philosophy of human rights is given. Many international legal instruments, provisions of the Malaysian Federal Constitution and other relevant statutes, court decisions and the Qur’anic provisions and Sunnah are used to enrich the discussion. The study finds that the international instruments do not forbid nor encourage the death penalty. Thus, the experience of each country may contribute to the status of this capital punishment; some countries are still retaining it, while some others have repealed the punishment. Be that as it may, the Islamic legal position on the punishment remains unchanged but its application may be varied to suit different times and situations.

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

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.

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
R Ahmad Muhammad Mustain Nasuha
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Constitutional Court ◽  
Draft Bill

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.

Against Capital Punishment

2019 ◽  
Author(s):  
Benjamin S. Yost
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Legal Institutions ◽  
Remedial Measures ◽  
Procedural Injustice ◽  
Central Claim

Against Capital Punishment offers an innovative proceduralist argument against the death penalty. Worries about procedural injustice animate many popular and scholarly objections to capital punishment. Philosophers and legal theorists are attracted to procedural abolitionism because it sidesteps controversies over whether murderers deserve death, holding out a promise of gaining rational purchase among death penalty retentionists. Following in this path, the book remains agnostic on the substantive immorality of execution; in fact, it takes pains to reconstruct the best arguments for capital punishment and presumes the appropriateness of execution in limited cases. At the same time, the book contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. The heart of Against Capital Punishment is a philosophical defense of the well-known irrevocability argument, which analyzes the argument’s premises, establishes their validity, and vindicates them against objections. The central claim is that execution violates the principle of remedy, which requires legal institutions to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The death penalty is repellent to the principle of remedy by dint of its irrevocability. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the obligatory remedial measures, execution is impermissible. Against Capital Punishment also reveals itself to be free from two serious defects plaguing other versions of proceduralism: the retributivist challenge and the problem of controversial consequences.

Antimicrobial Resistance Control Strategies: A Coordinated Research Initiative Experience in the Asia Pacific Region

2017 ◽  
Vol 29 (4) ◽  
pp. 250-258
Author(s):  
Lisette Lapierre ◽  
Gabriela Asenjo ◽  
Constanza Vergara ◽  
Javiera Cornejo
Keyword(s):  
Antimicrobial Resistance ◽  
Control Strategies ◽  
International Standards ◽  
Asia Pacific ◽  
Pacific Region ◽  
Asia Pacific Region ◽  
Antimicrobial Surveillance ◽  
Research Initiative ◽  
The Status ◽  
Survey Results

The objective was to gather information on the status of antimicrobial surveillance in the Asia Pacific region and suggest control strategies. Twenty-one economies of the Asia Pacific region participated in this initiative. A survey was conducted on antimicrobial use and surveillance throughout the region. A workshop was carried out to create awareness about the issue and discuss the implementation of control strategies. Based on the survey results and workshop conclusions, it can be established that there is better understanding of the implications of antimicrobial resistance in the human medicine area. Only few economies take actions to control antimicrobial resistance on a veterinary/agricultural level. To confront antimicrobial resistance, it is critical to raise awareness; cooperation between all countries is needed to apply international standards, to be able to have harmonized public policies. Countries must align and improve their systems for surveillance and monitoring of antimicrobial resistance in human, animals, and the environment.

State- and Individual-Level Predictors of Mexican Death Penalty Support

2017 ◽  
Vol 64 (12) ◽  
pp. 1590-1611 ◽  
Author(s):  
Alexander H. Updegrove ◽  
Erin A. Orrick
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Mexican Immigrants ◽  
State Level ◽  
The United States ◽  
Individual Level ◽  
Specific Factors ◽  
Nationally Representative ◽  
Future Practice ◽  
Insight Into

Mexico exerts a unique influence on Texas through immigration. As immigrants bring perspectives from their country of origin when they immigrate, studying attitudes toward capital punishment in Mexico may provide insight into ways Mexican immigrants could affect its future practice in Texas. Multilevel modeling is used to examine individual- and state-level predictors of death penalty support among a nationally representative sample of Mexicans. Results indicate age and Catholic affiliation are associated with death penalty support, although not in the expected directions, whereas states bordering the United States are less likely to support capital punishment, despite experiencing less overall peace and a higher average homicide rate. Findings suggest the need for researchers to use culture-specific factors to predict death penalty support.

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).

Notes at an Unfinished Lunch

1977 ◽  
Vol 23 (4) ◽  
pp. 365-371
Author(s):  
Dale G. Hardman
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Public Execution ◽  
Reductio Ad Absurdum ◽  
Principles Of Learning

This reports a state legislator's conversation with a judge and a prosecutor about capital punishment. The notion that the death penalty can be made deterrent if certain principles of learning are applied is examined and, by reductio ad absurdum, is disproved: the fun damental requirement for effectiveness of the death penalty is that barbarous forms of public execution be established. The obvious point that such savage methods never worked originally is left unstated.

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