Does Viewing a Televised Execution Affect Attitudes Toward Capital Punishment?

1995 ◽  
Vol 22 (4) ◽  
pp. 411-424 ◽  
Author(s):  
GARY N. HOWELLS ◽  
KELLY A. FLANAGAN ◽  
VIVIAN HAGAN
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Attitude Scale ◽  
The Other ◽  
Control Film ◽  
Alternative Version

Two hundred and ninety one registered California voters completed Peterson and Thurstone's Attitude Toward Capital Punishment scale. About half of the participants then viewed a videotape of two executions, and the other participants watched a nature film. All of the respondents then completed an alternative version of the capital punishment attitude scale. Significantly more viewers of the execution videotape reduced their support for capital punishment than did viewers of the control film, suggesting that resumption of public (i.e., televised) executions may somewhat reduce support for the death penalty.

Undoing Death I

2017 ◽  
Author(s):  
Ian O'Donnell
Keyword(s):  
Sexual Violence ◽  
Death Penalty ◽  
Capital Punishment ◽  
The Other ◽  
Average Period

Capital punishment has been described as a ‘lottery’, implying that it operates at random; but in Ireland a pattern can be discerned. Murderers who avoided execution fell into one of six categories, with a clear gradient in how sympathetically they were viewed, as indicated by the duration of their coercive confinement and the likelihood that mercy would be recommended. At one end of the scale were those who destroyed an unwanted child, 92 per cent of whom aroused the sympathy of judge and jury and who were denied their liberty for 44 months, on average. At the other extreme were those whose treatment was capricious, only 20 per cent of whom received recommendations to mercy and whose average period of coercive confinement was 115 months. This chapter explores cases where the death penalty was imposed for the murder of an infant (usually, but not always, by the mother), romantic entanglements that had lethally soured, and sexual violence resulting in death.

It Serves you Right

Philosophy ◽  
1962 ◽  
Vol 37 (142) ◽  
pp. 293-306 ◽  
Author(s):  
A. R. Manser
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
The Other ◽  
Starting Point ◽  
Good Starting Point

In this paper I want to examine the notion of desert, which seems to have been neglected by contemporary philosophers. Apartfrom its interest in its own right, it is important to be clear about the meaning of the word if there is to be any understanding of the idea of punishment. And that we are confused over the whole issue of punishment is obvious both from the remarks of professional philosophers and from the comments of the ‘man in the street’. Because of this confusion, the discussion of any actual punishment seems to take place between two parties who never get to grips with the arguments of the other, as in the whole debate over the death penalty. To one set of people, it is obvious that the retention of hanging depends to a large extent on the question of its effectiveness in deterring murderers; to another it is equally obvious that the murderer ‘deserves’ to hang, and that there is no more to be said about the matter. Capital punishment is not a good starting-point for a discussion of punishment in general, for death is clearly unique among penalties; in addition, the topic gives rise inevitably to much sentimentality and resulting muddle-headedness.

Reading the ‘lay of the land’: intercessory advocacy and causal process in the HIV/AIDS treatment and death penalty abolitionist campaigns

2018 ◽  
Author(s):  
Stephen Noakes
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Crime Control ◽  
The Other ◽  
Treatment Programs ◽  
Hiv Positive ◽  
Causal Process ◽  
The Rule Of Law ◽  
Improve Treatment ◽  
Hiv Aids

The cases presented in this chapter—those to improve care for the HIV positive and to abolish capital punishment—jointly call attention to the need to pay close attention to sequence and causal force in TAN campaigns. The HIV/AIDS campaign is an example of ‘intercessory advocacy,’ in which a campaign seized upon an opportunity to play a role in a state-led effort to improve treatment programs. By packaging its message in a manner palatable to the state, it was able to play a role in crafting China’s emergent anti-HV strategy. The campaign to abolish capital punishment, on the other hand, exercised very little effect on China’s much publicized effort to reduce reliance of on the death penalty. Rather, the scaling back of the death penalty is driven mostly by domestic political considerations, namely a desire to retain the practice of capital punishment for purposes of crime control while simultaneously strengthening the rule of law by introducing greater accountability into the death penalty process through the highly publicized policy of ‘kill fewer, kill carefully.’

scholarly journals O PRAWNOKARNEJ OCHRONIE NASCITURUSA W III STATUCIE LITEWSKIM

2017 ◽  
Vol 5 (1) ◽  
pp. 175
Author(s):  
Sławomir Godek
Keyword(s):  
Pregnant Woman ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Responsibility ◽  
German Law ◽  
The Other ◽  
Right To Life ◽  
The Third ◽  
Criminal Protection ◽  
The One

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.

Machinery of Death or Machinic Life

Derrida Today ◽  
2014 ◽  
Vol 7 (1) ◽  
pp. 2-20 ◽  
Author(s):  
David Wills
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
The Other ◽  
Knife Edge ◽  
Life And Death ◽  
Complex Relation ◽  
The Uncanny ◽  
The Moment ◽  
The Way

The notion of a ‘machinery of death’ not only underwrites abolitionist discourse but also informs what Derrida's Death Penalty refers to as an anesthesial drive that can be traced back at least as far as Guillotin. I read it here as a symptom of a more complex relation to the technological that functions across the line dividing life from death, and which is concentrated in the question of the instant that capital punishment (at least in order to be distinguished from torture) requires. Further indications of such a relation include the forms of automatic machinism that regulate, on one hand, the generalisable certainty that death occurs (in tension with the singular death of each convict), and on the other, the discursive contagion that the death penalty generates. But it can be analysed most productively in the way in which the putative instantaneity of an execution reveals how life is severed from, but also perhaps tethered to death by means of a machinery of time; how that machinery of time ‘abandons’ its indifference in order to decide the moment of death by execution, and at the same time, by contriving an instant at which death takes over from life, produces the uncanny result of having life and death meet on the same knife-edge.

At the Heart of the Death Penalty

2013 ◽  
Vol 35 (2) ◽  
pp. 241-251 ◽  
Author(s):  
Peggy Kamuf
Keyword(s):  
Death Penalty ◽  
The Other ◽  
Western Tradition

Derrida's seminar The Death Penalty is to an important extent taken up with unpacking the significance of the fact (a ‘stupefying fact’, he calls it) that there is in our Western tradition no philosophy as such against the death penalty. This essay follows the seminar into the heart of its engagement with that legacy, where it traces out the condition of its own interested abolitionist stand. This condition is named ‘the heart of the other in me’, which is the pulse of every finitude, every ‘my’ life. It also gives the impulse in this essay to follow the thread of the ‘heart’ across the seminar's readings of Rousseau, Genet, Hugo and Camus.

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.

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