The Death Penalty under Fianna Fáil and the Inter-Party Governments

2020 ◽  
pp. 63-100
Author(s):  
David M. Doyle ◽  
Liam O’Callaghan
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Public Discourse ◽  
Political Discussion ◽  
Law And Order ◽  
State Institutions ◽  
State Security ◽  
Fianna Fail ◽  
The Subject ◽  
Second World

This chapter, spanning the period 1932-54 continues the broadly political discussion of the death penalty initiated in chapter one. Though Fianna Fáil, in opposition, were critical of Free State institutions and policies, particularly those concerned with law and order, this chapter argues that little changed after the party came to power and the application of the death penalty was marked by continuity rather than reform. Indeed, the renewed threat to state security posed by the IRA during the Second World War led to the introduction of draconian emergency legislation and a series of executions of IRA men. The chapter also discusses the first tenuous steps taken towards reform of the capital punishment laws through the convening, by Fianna Fáil, of a committee to discuss the subject. Moreover, the arrival of the interparty government signalled a shift in the mood around the issue as two of the administration’s key figures, Seán MacBride and Noël Browne, were staunch abolitionists. This gave the death penalty a presence in public discourse not previously evident.

Hendrik Draye, tegenstander van de uitvoering van de doodstraf

2006 ◽  
Vol 65 (2) ◽  
pp. 134-152
Author(s):  
Luc Vandeweyer
Keyword(s):  
Death Penalty ◽  
Second World War ◽  
World War ◽  
Penal Policy ◽  
Catholic University ◽  
The Subject ◽  
The University ◽  
Second World ◽  
Young Professor

Hendrik Draye, opponent of the carrying out of the death penaltyIn this annotated and extensively contextualised source edition, Luc Vandeweyer deals with the period of repression after the Second World War. In June 1948, after the execution of two hundred collaboration-suspects in Belgium, the relatively young linguistics professor at the Catholic University of Leuven, Hendrik Draye, proposed, on humanitarian grounds, a Manifesto against the carrying out of the death penalty. Some colleagues, as well as some influential personalities outside the university, reacted positively; some colleagues were rather hesitant; most of them rejected the text. In the end, the initiative foundered because of the emphatic dissuasion by the head of university, who wanted to protect his university and, arguably, the young professor Draeye. The general public’s demand for revenge had not yet abated by then; moreover, the unstable government at that time planned a reorientation of the penal policy, which made a polarization undesirable. Nevertheless, Luc Vandeweyer concludes, "the opportunity for an important debate on the subject had been missed".

‘Sufficient Reinforcements Overseas’: British PostWar Troops' Recruiting Policy in Nigeria, 1945–53

2019 ◽  
Vol 55 (4) ◽  
pp. 823-844
Author(s):  
Emmanuel Nwafor Mordi
Keyword(s):  
Second World War ◽  
South East Asia ◽  
Law And Order ◽  
World War ◽  
Colonial State ◽  
Historical Method ◽  
The Subject ◽  
Overseas Deployment ◽  
Second World

This article critically examines Britain's postwar recruitment policy in Nigeria, 1945–53. It is a subject that has not been studied by scholars. As the Second World War drew to a close, the Nigerian colonial military had declared that it had sufficient illiterate, ‘pagan’ infantrymen of northern Nigerian ‘tribal,’ including Tiv, origin to meet any but unforeseen demands of troops for service in the South East Asia Command (SEAC). Yet, recruitment of the same category of infantrymen, as well as ex-servicemen, was resumed after the war. The critical/analytic historical method is deployed to interrogate Nigerian and British archival sources on the subject. The study shows that, unlike the case of the High Commission Territories Corps (HCTC), Nigeria's postwar recruitment was not meant for overseas deployment. It was primarily driven by Britain's objectives of restoring the army to its pre-war role of enforcing colonial law and order in furtherance of its resolve to maintain its colonial state in Nigeria despite postwar militant nationalism.

Life Without Parole Sentencing

2019 ◽  
Author(s):  
Christopher Seeds
Keyword(s):  
United States ◽  
Lived Experience ◽  
Death Penalty ◽  
Public Discourse ◽  
Crime Control ◽  
Local Level ◽  
The United States ◽  
Life Without Parole ◽  
The Subject ◽  
State And Local

Life without parole sentencing refers to laws, policies, and practices concerning lifetime prison sentences that also preclude release by parole. While sentences to imprisonment for life without the possibility of parole have existed for more than a century in the United States, over the past four decades the penalty has emerged as a prominent element of U.S. punishment, routinely put to use by penal professionals and featured regularly in public discourse. As use of the death penalty diminishes in the United States, life without parole serves as the ultimate punishment in more and more U.S. jurisdictions. The scope with which states apply life without parole varies, however, and some states have authorized the punishment even for nonviolent offenses. More than a punishment serving purposes of retribution, crime control, and public safety, and beyond the symbolic functions of life without parole sentencing in U.S. culture and politics, life without parole is a lived experience for more than 50,000 prisoners in the United States. Life without parole’s increasing significance in the United States points to the need for further research on the subject—including studies that directly focus on how race and racial prejudice factor in life without parole sentencing, studies that investigate the proximate causes of life without parole sentences at the state and local level, and studies that examine the similarities and differences between life without parole, the death penalty, and de facto forms of imprisonment until death.

Science and the Death Penalty: DNA, Innocence, and the Debate over Capital Punishment in the United States

2009 ◽  
Vol 34 (03) ◽  
pp. 603-633 ◽  
Author(s):  
Jay D. Aronson ◽  
Simon A. Cole
Keyword(s):  
United States ◽  
Forensic Science ◽  
Death Penalty ◽  
Capital Punishment ◽  
Public Discourse ◽  
Public Trust ◽  
The United States ◽  
Dna Evidence ◽  
Fundamental Shift

The death penalty debate in the United States has recently undergone a fundamental shift. The possibility of executing the innocent has emerged as some abolitionists' most salient argument, displacing debates over such issues as fairness, deterrence, and cost. Innocence has managed to move to the fore of the debate in part because of the success of death penalty opponents in attaching epistemological certainty to one particular category of postconviction exonerations, those vouched for by the authority of DNA evidence. We suggest that such moves are primarily rhetorical because, while DNA evidence may be more accurate and reliable than other forensic science, it still fundamentally probabilistic in nature and is prone to uncertainties at all stages of its production. Yet, because of the certainty attached to DNA evidence in public discourse, it can be used as a lever with which to challenge law's claims to truth‐making authority, and to undermine public trust in the death penalty. A few abolitionists and other scholars have expressed misgivings about the abolitionist embrace of the innocence argument. We push this concern further, suggesting that both abolitionists and death penalty reformers, who seek to promote a “scientific” death penalty centered on DNA evidence, draw upon a mythologized notion of “science” as a producer of epistemic certainty.

Capital Punishment: Objections from Principle and Practice

1983 ◽  
Vol 18 (4) ◽  
pp. 407-420 ◽  
Author(s):  
Nicola Lacey
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Legal Issues ◽  
Constitutional Theory ◽  
Political Issue ◽  
The Past ◽  
Moral Position ◽  
Practical Politics ◽  
The Subject ◽  
Near Future

THE ISSUE OF CAPITAL PUNISHMENT HAS PERHAPS BEEN MORE widely and publicly debated in this country than in any other. It has been a live political issue for well over a century, and the range of views represented by participants is as broad today as at any time in the past. Given the vast amount of literature – philosophical, legal, political and statistical – devoted to the subject, it is difficult to contribute to the debate in some more substantial way then merely by rehearsing well-known opposed positions. What I shall attempt to do in this paper is briefly to set out the positions of principle which might be taken up in arguments about the reintroduction of the death penalty, in the hope of clarifying the exact points of disagreement. Having done this, I shall argue for a particular moral position, before going on to consider some of the more specialized legal issues and the implications for constitutional theory which any form of reintroduction would raise. In the light of all these arguments, I shall finally draw some conclusions for both the debate of principle and the problem of practical politics with which the members of both Houses of Parliament are likely to be faced in the near future.

scholarly journals DIKOTOMI PIDANA MATI SEBAGAI HAK ASASI MANUSIA DI INDONESIA MENURUT HUKUM POSITIF DAN HUKUM PIDANA ISLAM

2021 ◽  
Vol 3 (01) ◽  
pp. 15-33
Author(s):  
Muhammad Afif
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Subject Matter ◽  
Deterrent Effect ◽  
The Public ◽  
Positive Law ◽  
The Subject ◽  
The Law ◽  
The Difference

Eksekusi hukuman mati dalam hukum positif Indonesia dilakukan dengan cara hukuman mati, yang berarti bahwa eksekusi hukuman mati tidak dilakukan di depan orang banyak atau tidak dipublikasikan. Dalam hukum pidana Islam, dieksekusi dengan cara dipenggal, dilempar dengan batu (Rajam) dan dieksekusi di depan umum, artinya eksekusi hukuman mati disaksikan oleh publik. Jenis penelitian merupakan penelitian normative.Pokok bahasan dari artikel ini adalah bagaimana eksekusi hukuman mati memberikan efek jera bagi masyarakat? karena salah satu tujuan hukuman mati adalah memberikan efek jera kepada seseorang / masyarakat agar tidak melakukan kejahatan. Tidak ada perbedaan antara eksekusi hukuman mati dilihat dalam hukum positif Indonesia dan hukum Islam, pada dasarnya kedua tindak pidana tersebut sama-sama memberikan efek jera berupa ketakutan kepada publik untuk melakukan kejahatan atau tindakan yang melanggar hukum. Perbedaan antara hukum positif Indonesia dan hukum Islam, hanya dalam hal prosedur eksekusi. Abstract The execution of the death penalty in Indonesian positive law is carried out by means of a death shot, meaning that the execution of the death penalty is not carried out in front of a crowd or unpublished. In Islamic criminal law, the execution is executed by beheaded, thrown with stone (Rajam) and the execution is executed in front of the public, meaning that the execution of capital punishment is witnessed by the public. this type of research is normative research. The subject matter of this article is how the execution of capital punishment theoretically gives more deterrent effect to society? because one of the objectives of criminalizing, especially capital punishment is to give deterrent effect to a person / society in order not to commit a crime / crime. The execution of the death penalty between two criminal sides namely the positive crime of Indonesia and Islamic crime, basically the two criminal act equally give a deterrent effect in the form of fear to the public to commit a crime or a crime that violates the law. It's just possible to see the difference between positive criminal Indonesia and Islamic crime in terms of the procedure of execution execution.  

scholarly journals Republicans, Martyrology, and the Death Penalty in Britain and Ireland, 1939–1990

2015 ◽  
Vol 54 (3) ◽  
pp. 703-722 ◽  
Author(s):  
David Matthew Doyle
Keyword(s):  
Northern Ireland ◽  
National Security ◽  
Death Penalty ◽  
Capital Punishment ◽  
Second World War ◽  
World War ◽  
Security Issue ◽  
Historical Experience ◽  
The Relationship ◽  
Second World

AbstractThis article examines the relationship between politically motivated murder, martyrdom, and the death penalty in Britain and Ireland in the period from 1939 to 1990. First, it investigates the nexus between historical experience and memory, political martyrdom, and capital punishment as it applied to Irish Republicans in Britain during the Second World War. Secondly, it examines the use of extraordinary legal powers to impose the death penalty in the Irish state during the “Emergency,” and charts the processes through which the threat of capital punishment continued to be perceived as an essential instrument of security in both Irish jurisdictions in the postwar period. Thirdly, it evaluates the effectiveness of the death penalty in deterring politically motivated murder and explores the anomalous, paradoxical decision to abolish capital punishment at the height of subversive killing in Northern Ireland. The essay concludes that the national security issue and the potential martyrdom of Irish Republicans were pivotal factors in dissuading successive British governments from reintroducing the death penalty for politically motivated offenses in Britain and Northern Ireland.

Capital Punishment in the Post-Civil War Years

2020 ◽  
pp. 31-62
Author(s):  
David M. Doyle ◽  
Liam O’Callaghan
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Death Penalty ◽  
Capital Punishment ◽  
Decision Making Process ◽  
Law And Order ◽  
Government Officials ◽  
Death Sentences

This chapter examines the application of the death penalty in the first ten years of the Free State. Historians to date have argued that the relatively high number of civilian executions in the early post-independence years was symptomatic of Cumann nGaedheal’s broader anxieties with issues of law and order. This chapter revises that assessment and argues that those convicted of murder in the civilian courts in these years were no more likely to have their sentence carried out than those convicted in subsequent eras. By closely examining the decision-making process leading to the execution or commutation of death sentences, particularly the role of judges and government officials, this chapter argues that the death penalty, as imposed by the ordinary courts, was an example of the government’s efforts to restore peacetime civilian norms to the criminal justice system and was not used to any political end.

The “Penological Exception” to Extradition: On Ultimate Penalties, Human Rights and International Relations

1993 ◽  
Vol 27 (1-2) ◽  
pp. 310-338 ◽  
Author(s):  
Leon Sheleff
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Death Penalty ◽  
Capital Punishment ◽  
Reasoning Process ◽  
Judicial Decisions ◽  
Nation States ◽  
Recent Developments ◽  
The Subject ◽  
The Moment

One of the most significant recent developments in the law of extradition is the serious consideration that courts are willing to display to the punitive consequences of an extradition order, if capital punishment is the specific penalty that the requested person is liable to have imposed on him if convicted. At the same time, this development serves also as one of the most dramatic examples of the manner in which the subject of human rights has become a factor in international relations, which nation-states can disregard only by exposing themselves to negative assessments linked to reluctance to respond to formal requests. For the most part the “linkage” has been focused mainly on economic aid, where donor countries would approve requested aid contingent on positive accounting in human rights, but now, as a result of a number of novel judicial decisions, it seems that similar factors will be examined, when requests for extradition are submitted. At the moment, the focus is on the use of the death penalty, but the very reasoning process used may well open up further possibilities.

The Autobiographical Subject and the Death Penalty

2013 ◽  
Vol 35 (2) ◽  
pp. 165-187
Author(s):  
E. S. Burt
Keyword(s):  
Death Penalty ◽  
First Person ◽  
Philosophical Investigation ◽  
The Subject ◽  
Definition Of ◽  
The Individual

Why does writing of the death penalty demand the first-person treatment that it also excludes? The article investigates the role played by the autobiographical subject in Derrida's The Death Penalty, Volume I, where the confessing ‘I’ doubly supplements the philosophical investigation into what Derrida sees as a trend toward the worldwide abolition of the death penalty: first, to bring out the harmonies or discrepancies between the individual subject's beliefs, anxieties, desires and interests with respect to the death penalty and the state's exercise of its sovereignty in applying it; and second, to provide a new definition of the subject as haunted, as one that has been, but is no longer, subject to the death penalty, in the light of the worldwide abolition currently underway.

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