“A Fate Worse than Death”

2017 ◽  
Author(s):  
Bryan J. Mccann
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Prison System ◽  
Industrial Complex ◽  
Prison Industrial Complex ◽  
Life Imprisonment ◽  
Rhetorical Strategy ◽  
Abolitionist Movement ◽  
Personal Experiences ◽  
Lasting Change

This chapter contends that antiprison and anti-death penalty activists need to reexamine their rhetorical habits and political strategies if they hope to achieve any lasting change in the nation's prison system. It draws from literature theorizing the death penalty's place in the prison-industrial complex, rhetoric of anti-death penalty activists, and personal experiences of grassroots abolitionist organizers to critique the prevalence of LWOP (life imprisonment without the possibility of parole) in the death-penalty abolitionist movement. Specifically, the chapter argues that while the alternative of LWOP serves as an understandable rhetorical strategy to spread the anti-death penalty gospel to more ambivalent audiences, it undermines a central organizational posture of the abolitionist cause: understanding capital punishment as only the most macabre expression of a colossal and broken prison-industrial complex.

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.

The Origins of LWOP in California

2021 ◽  
pp. 16-48
Author(s):  
Marion Vannier
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Penal Code ◽  
Archival Research ◽  
Life Imprisonment ◽  
Novel Approach ◽  
Capital Murder ◽  
Historical Investigation ◽  
Prison Wardens

Chapter 1 turns to the Californian Congress where opponents of the death penalty first lobbied for LWOP before legislators. It critically examines the period during which the idea of sentencing offenders to life imprisonment with no possibility of release first emerged, starting in the early 1900s and culminating with the introduction of LWOP for capital murder in 1978 in the Californian Penal Code. What emerges from this archival research is that different experts—prison wardens, police officials, academics, spiritual leaders, and criminologists—offered LWOP as a strategic way for legislators to argue against the death penalty. This novel approach was however diverted from its progressive endeavours to serve more punitive agendas. Legislators concerned with preserving capital punishment in contexts of sensationalized crimes and early forms of populist demands drove the reforms that introduced LWOP. This historical investigation reveals that the punishment’s particular severity can serve agendas which are seemingly in tension with one another.

The Death Penalty — Response

1991 ◽  
Vol 25 (3-4) ◽  
pp. 512-523
Author(s):  
Leon Sheleff
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Public Interest ◽  
Due Process ◽  
Statistical Data ◽  
Judicial System ◽  
Life Imprisonment

One of the most disturbing aspects of examining the extensive capital punishment debate, with its clear indications of discriminatory practices, ambiguous judicial directives, undeniable miscarriages of justice, controversial statistical data, and inept, inconsistent and/or unjust implementation, is the constantly gnawing thought that if this is the situation vis-à-vis what is considered the most extreme penalty with its special super due process, then what is happening in the cases of lesser penalties. These latter cases of petty thieves sentenced to years of incarceration for relatively minor delinquencies, of accused inadequately defended without appeals being lodged within the judicial system or public interest shown, of compulsory life imprisonment without parole, no doubt reflect all of the faults and errors of capital punishment.

scholarly journals Masalah Pidana Mati

2021 ◽  
Author(s):  
nur rois
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Contentious Issue ◽  
Abolitionist Movement

Issue of capital punishment is a contentious issue since the death penalty was man created, the controversy of the human rights and the state's right to use capital punishment. Lately the abolitionist movement are violently opposed to the death penalty policy - Masalah pidana mati merupakan masalah yang menjadi perdebatan manusia sejak pidana mati itu diciptakan, kontroversi dari sisi hak asasi manusia dan hak negara untuk mencabut nyawa warga negara. Akhir-akhir ini gerakan kaum abolisionis semakin keras menentang kebijakan pidana mati tersebut

scholarly journals Kantian and Utilitarian Ethics on Capital Punishment

2019 ◽  
Vol 2 (2) ◽  
pp. 28-35
Author(s):  
Mfonobong David Udoudom ◽  
Samuel Akpan Bassey ◽  
Okpe Okpe ◽  
Timothy Adie
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Life Imprisonment ◽  
The World

It is an indisputable fact that most societies in the world agrees that if a person violates the laws, he/she should be penalized.  However, the variations appear when it involves what sensibly punishment ought to be applied, predominantly for major crimes like murder. Death penalty, which as well referred to as execution or capital punishment, is one amongst these variations which have caused several arguments and debates between its opponents and supporters. Today, numerous countries are attempting to seek out different sanctions for major crimes like life imprisonment relatively to capital punishment. This research tries to take a look at the idea of capital punishment from Kantian and Utilitarian ethics perspectives.

scholarly journals SANKSI PIDANA KEMATIAN BAGI ORANG KORUPSI DI INDONESIA (Death Criminal Sanctions For Personnel Of Corruption In Indonesia)

2021 ◽  
Vol 3 (2) ◽  
pp. 118-135
Author(s):  
Irvino Rangkuti, Alvi Syahrin, Suhaidi, Mahmud Mulyadi
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Shock Therapy ◽  
Death Sentence ◽  
Prison Sentence ◽  
Life Imprisonment ◽  
Republic Of China ◽  
Criminal Sanctions ◽  
Running Away ◽  
Economic Standpoint

The application of capital punishment itself has been regulated in Indonesia as contained in the law. Article 2 paragraph (2) of Corruption Act concerning Eradication of Corruption Crimes. According to Romli Atmasasmita, it was argued that the death penalty for corruptors was effectively implemented in the People's Republic of China (PRC), and it was quite successful to reduce corruption. This certainly can be used as an example in Indonesia in imposing capital punishment for corruptors. The imposition of capital punishment for perpetrators of corruption is urgently needed as "shock therapy" because psychologically the death penalty aims for the benefit of general prevention so that others do not participate in committing crimes. Also, the application of capital punishment is based on the reason that capital punishment is more certain than the prison sentence because the prison sentence is often followed by running away, forgiveness, or because of the release. When compared from an economic standpoint, basically the death sentence is more efficient when compared to life imprisonment. As for the problems that can be formulated, namely: legal arrangements regarding corruption in the Corruption Act; the application of capital punishment sanctions against perpetrators of corruption in Indonesia. The results of the study show that: Corruption is a type of extraordinary crime ("extra-ordinary crime") that must be handled extraordinarily, so that the act is contrary to the 1945 Constitution, therefore it does not need to be protected by the 1945 Constitution. accommodated in Article 2 paragraph (2) of the Corruption Act, must meet the requirements "in certain circumstances" by the Elucidation of Article 2 paragraph (2), but its application has never been implemented, so it is necessary to review the rules "in certain circumstances".

Thou Shall Not Kill: The Constitutionality of Death Penalty Under Nigerian Legal System

2017 ◽  
Vol 16 (1) ◽  
Author(s):  
Onyekachi W. Duru ◽  
Ndubuisi A. Nwafor ◽  
Chioma O. Nwabachili
Keyword(s):  
Death Penalty ◽  
Legal System ◽  
Capital Punishment ◽  
Life Imprisonment ◽  
Human Right

Abstract Two wrongs cannot make a right; there is hardly any justification for the continual use of capital punishment (death) as a form of punishment in Nigeria. This paper will canvass that, even though death penalty is a constitutionally permissible form of punishment in Nigeria, but it goes against the recent positive and developmental strides in the areas of civilization, criminology and human right. The paper leans in favor of the abolitionist perspective by arguing that life imprisonment is as effective as the death penalty as a means of deterrence.

scholarly journals Reparative justice: The final stage of decolonization

2021 ◽  
pp. 146247452110243
Author(s):  
Biko Agozino
Keyword(s):  
Capital Punishment ◽  
Final Stage ◽  
War On Drugs ◽  
Industrial Complex ◽  
Prison Industrial Complex ◽  
Kwame Nkrumah ◽  
Private And Public ◽  
Last Stage ◽  
The Rich ◽  
Reparative Justice

Taking inspiration from Neo-colonialism: the last stage of imperialism, by Kwame Nkrumah of the thesis by Lenin that Imperialism (is) the highest stage of capitalism, I postulate that reparative justice is the final stage of decolonization (Nkrumah 1968). Based on the argument in Counter-Colonial Criminology that imperialism is the general form of all types of deviance in the sense that all acts of deviance seek to invade and colonize the private and public spaces of others, I conclude that reparative justice programs addressing the legacies of crimes committed by empires and corporations would signal the final stages of decolonization. Contrary to the conventional assumptions in criminology that poverty and powerlessness are the major causes of deviance, I suggest that power, not powerlessness, is a more significant cause of all deviance by the powerful and by the relatively powerless alike because the relatively powerless prey on those even more powerless in the community while the majority of the poor remain overwhelmingly law abiding and the rich get away with bloody murder, as Steve Box and Jeffrey Reiman theorized (Box, 1993; Reiman and Leighton, 2020). Accordingly, the preferred societal response to deviance should be reparative rather than punitive justice in keeping with the decolonization paradigm in criminology and justice towards a more humane world devoid of immigration control, repressive policing, the prison-industrial complex, racism-sexism-imperialism, militarism, homophobia, the war on drugs, capital punishment, homelessness, illiteracy, and without state power as class domination to make way for the principles of taking from all according to their abilities and giving to all according to their needs (Pfohl, 1994).

When Temporal Orbits Collide: Embodied Trans Temporalities in U.S. Prisons

Somatechnics ◽  
2017 ◽  
Vol 7 (1) ◽  
pp. 74-94 ◽  
Author(s):  
Rae Rosenberg
Keyword(s):  
United States ◽  
Case Studies ◽  
The United States ◽  
Industrial Complex ◽  
Prison Industrial Complex ◽  
Trans Women ◽  
And Control

This paper explores trans temporalities through the experiences of incarcerated trans feminine persons in the United States. The Prison Industrial Complex (PIC) has received increased attention for its disproportionate containment of trans feminine persons, notably trans women of colour. As a system of domination and control, the PIC uses disciplinary and heteronormative time to dominate the bodies and identities of transgender prisoners by limiting the ways in which they can express and experience their identified and embodied genders. By analyzing three case studies from my research with incarcerated trans feminine persons, this paper illustrates how temporality is complexly woven through trans feminine prisoners' experiences of transitioning in the PIC. For incarcerated trans feminine persons, the interruption, refusal, or permission of transitioning in the PIC invites several gendered pasts into a body's present and places these temporalities in conversation with varying futures as the body's potential. Analyzing trans temporalities reveals time as layered through gender, inviting multiple pasts and futures to circulate around and through the body's present in ways that can be both harmful to, and necessary for, the assertion and survival of trans feminine identities in the PIC.

Sign in / Sign up

Export Citation Format

Share Document