scholarly journals Book Review: The Death Penalty: A Reference Handbook

2018 ◽  
Vol 57 (4) ◽  
pp. 302
Author(s):  
Shannon Pritting
Keyword(s):  
Social Media ◽  
Death Penalty ◽  
Capital Punishment ◽  
Contemporary World ◽  
The Law ◽  
Professional Writers

The affordable but brief single-volume The Death Penalty: A Reference Handbook is edited by Professor Joseph Melusky of St. Francis University and Keith A. Pesto, a veteran US Magistrate Judge and lecturer at St. Francis. Pesto and Melusky have collaborated several times on related ABC-CLIO reference works including The Death Penalty: Documents Decoded (2014), Capital Punishment (2011), and Cruel and Unusual Punishment: Rights and Liberties under the Law (2003). This title is part of ABC-CLIO’s Contemporary World Issues Series, which “address vital issues in today’s society” and are “written by professional writers, scholars and nonacademic experts,” covering current topics such as marijuana, social media, and prisons (v).

Death and Dignity in American Law

2017 ◽  
Author(s):  
Emma Kaufman
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Basic Question ◽  
Legal Cases ◽  
Death Sentences ◽  
The Supreme Court ◽  
Core Feature ◽  
American Law ◽  
Relational Concept ◽  
The Law

Dignity serves many purposes in American law, but the concept is perhaps most vital in decisions on the death penalty. Since 1972, when the Supreme Court briefly banned capital punishment, American jurists have debated whether death sentences violate “the dignity of man.” These legal debates describe dignity as an innately human attribute and a core feature of human nature. In practice, however, courts employ dignity to instantiate a particular model of democratic governance. Legal cases on the death penalty treat dignity as a fundamentally relational concept, less a characteristic of personhood than a state of existing in dialogue with the law. This vision of dignity is more institutional and alienable than conceptions that emphasize unwavering worth. Ultimately, the approach to dignity in death penalty cases displaces an individuated account of the term and raises a basic question about whether dignity can exist in the absence of the law.

Defending the Death Penalty

1980 ◽  
Vol 26 (4) ◽  
pp. 503-511 ◽  
Author(s):  
Walter Berns
Keyword(s):  
Political Philosophy ◽  
Death Penalty ◽  
Capital Punishment ◽  
Human Life ◽  
The Law

The allegedly moral objections to capital punishment are a product of modern amoral political philosophy, from which has derived the modern reluctance to exact retribution. Retribution is demanded by angry and morally indignant people, and, it is said, there is no legitimate basis for this anger and indignation. But anger, as Aristotle demonstrates, is con nected to justice; and, when it is aroused by the sight of crime, it deserves to be rewarded. By punishing the criminal, the law rewards this anger and thereby teaches law-abidingness; by so doing, it promotes respect for those things-such as human life-that the criminal has violated. From retribu tion comes the principle that the punishment should fit the crime, and the only punishment that fits some crimes-for example, some particularly heinous murders-is capital punishment. If human life is to be held in awe, as it should be, the law forbidding the taking of it must be held in awe, and the only way the law can be made awe inspiring is to entitle it to inflict the penalty of death.

The Effect of Executions on Homicides: A New Look in an Old Light

1983 ◽  
Vol 29 (1) ◽  
pp. 88-115 ◽  
Author(s):  
Richard Lempert
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Homicide Rates ◽  
Unemployment Rates ◽  
Relevant Variables ◽  
The Law ◽  
New Look

Professor Isaac Ehrlich, in his well-known article on the death penalty, argues that previous research on the deterrent effects of capital punishment, as exemplified by the work of Thorsten Sellin, is inadequate because it focuses on the wrong issue and because it fails to control for relevant variables. Ehrlich's first point is that if one is searching for deterrence it is the law in action (i.e., the actu al incidence of executions) rather than the law on the books (i.e., the presence or absence of the death penalty) which is crucial. His second point is that in order to spot deterrent effects other factors which might affect homicide rates, such as conviction rates and unemployment rates, must be held constant. Many of those who believe that Ehrlich's work is fundamentally flawed nevertheless accept these criticisms.

scholarly journals CAPITAL PUNISHMENT AS A CONSEQUENCE OF THE FUNDAMENTAL PHYSICAL LAWS GOVERNING CRIME

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 249-263
Author(s):  
S. G. Ol’kov
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Criminal Penalty ◽  
Criminal Penalties ◽  
The Law ◽  
Scientific Results ◽  
Prevention Of Crime ◽  
Physical Laws

The purpose of the article, based on the mathematical model of criminal responsibility and the fundamental laws of criminal policy, is to prove the necessity of applying the maximum criminal penalty in the form of a death penalty. Scientific methods: methods of mathematical analysis, probability theory, and mathematical statistics. Scientific results obtained by the author: the necessity of using the maximum criminal penalty in the form of the death penalty is proved on the basis of the law of increasing marginal utility of criminal penalties and the law of demand for goods of crime at a price, because this punishment provides a strong deterrence of crime, both at the level of General and special prevention of crime by criminal penalties. It is shown that in 2019 in Russia, the elasticity of real crime was 3.22%, the latency multiplier for General crime was 3.38, with the minimum latency for robberies of 1.03 and the maximum for fraud of 11.26. Equation of demand for a product crime by price for real crime in 2019 in Russia

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 The Shadow of the Gallows: The Death Penalty and the British Labour Government, 1945–51

2000 ◽  
Vol 18 (2) ◽  
pp. 305-350 ◽  
Author(s):  
Victor Bailey
Keyword(s):  
Twentieth Century ◽  
Pregnant Women ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Symbolic Form ◽  
Labour Government ◽  
British Labour ◽  
English Law ◽  
The Law

The punishment prescribed by English law for murder in the first half of the twentieth century was death. A judge had to pronounce this sentence upon a person convicted of murder, except in two special classes of cases: persons under eighteen years of age at the time of the offense and pregnant women. He had no discretion to impose any less severe sentence. While retribution survived only in a symbolic form elsewhere in the criminal law, capital punishment, as Oxford criminologist Max Grunhut maintained, was a “powerful relic of retaliation in kind.” The law still reflected the ancient concept that every murderer forfeits his life becauce he has taken another's life: “He that smiteth a man, so that he die, shall be surely put to death.”

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