Abolishing The Death Penalty

Author by : Gopal Gandhi
Languange : en
Publisher by : Rupa Publications
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Description : In Abolishing the Death Penalty: Why India Should Say No to Capital Punishment, Gopalkrishna Gandhi asks fundamental questions about the ultimate legal punishment awarded to those accused of major crimes. Is taking another life a just punishment or an act as inhuman as the crime that triggered it? Does having capital punishment in the law books deter crime? His conclusions are unequivocal: Cruel in its operation, ineffectual as deterrence, unequal in its application in an uneven society, liable like any punishment to be in error but incorrigibly so, these grievous flaws that are intrinsic to the death penalty are compounded by yet another-it leaves the need for retribution (cited as its primary 'good') unrequited and simply makes society more bloodthirsty. Examining capital punishment around the world from the time of Socrates onwards, the author delves into how the penalty was applied in India during the times of Asoka, Sikandar Lodi, Krishnadevaraya, the Peshwas and the British Raj, and how it works today. Of the 195 countries in the world, 140 are abolitionist and no longer have the death penalty in law or in practice. Abolition-minded in theory, India is retentionist in practice-the death penalty can be handed down even for non-homicidal crimes. But even though it is only meant to be handed down in the 'rarest of the rare' cases, there are currently 385 convicts on death row. Through in-depth analysis, persuasive argument and the marshalling of the considered opinion of jurists, human rights activists, scholars and criminologists among others, this book shows exactly why the death penalty should be abolished with immediate effect in India


The Barbaric Punishment

Author by : Hans Göran Franck
Languange : en
Publisher by : Martinus Nijhoff Publishers
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Description : In this volume, Swedish human rights activist and political figure, Hans Göran Franck, examines the administration of the death penalty from a historical perspective. The author's opinions are based on his lifelong work and devotion to abolishing the 'barbaric punishment'. Building upon previously unpublished material and considerable detail drawn from Franck's personal experiences, it focuses on both the progressive developments within European countries and institutions over several decades, and the frustratingly retrograde situation that prevails in the United States. The author dedicated this book to those facing a sentence of death. During the course of his work, the author traveled to numerous countries and met many condemned men and women. Publication of this important volume, which comes a few years after Hans Göran Franck's untimely passing, coincides with a major development to which he contributed, the adoption of Protocol No. 13 to the European Convention on Human Rights, which abolishes capital punishment in both wartime and peacetime. William A. Schabas a law professor who specializes in the subject of capital punishment, has ensured that the manuscript is up to date, and contributed the introductory chapter.


The Death Penalty

Author by : Anonim
Languange : en
Publisher by : Council of Europe
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Total Read : 24
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Description : Europe is today the only region in the world where the death penalty has been almost completely abolished. In the Council of Europe's 45 member states, including the European Union's 15 member states and its 13 candidate countries, capital punishment is no longer applied. The Council of Europe believes that the death penalty has no place in democratic societies under any circumstances. This book reviews the long and sometimes tortuous path to abolition in Europe. It also addresses the tangible problems which countries face once the death penalty has been abolished, and related issues: the situation of murder victims' families and alternatives to capital punishment, particularly the choice of a substitute sentence. It also discusses abolition campaigns in Russia, the United States and Japan.


The Death Penalty

Author by : Sanjeev P. Sahni
Languange : en
Publisher by : Springer Nature
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Total Read : 46
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Description : This book offers a broad overview of public attitudes to the death penalty in India. It examines in detail the progress made by international organizations worldwide in their efforts to abolish the death penalty and provides statistics from various countries that have already abolished it. The book focuses on four main aspects: the excessive cost and poor use of funds; wrongful executions of innocent people; the death penalty’s failure as an efficient deterrent; and the alternative sentence of life imprisonment without parole. In closing, the book analyses the current debates on capital punishment around the globe and in the Indian context. Based on public opinion surveys, the book is essential reading for all those interested in India, its government, criminal justice system, and policies on the death penalty and human rights.


The Death Penalty

Author by : Ernest Van den Haag
Languange : en
Publisher by : Springer Science & Business Media
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Description : From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past.


The Death Penalty

Author by : Roger Hood
Languange : en
Publisher by : OUP Oxford
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Total Read : 38
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Description : The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.


The Death Penalty

Author by : Council of Europe
Languange : en
Publisher by : Council of Europe
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Total Read : 10
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Description : Conclusion - Sergei Kovalev.


The Death Penalty

Author by : Roger G. Hood
Languange : en
Publisher by : Oxford University Press on Demand
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Total Read : 26
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Description : The 4th edition edition of this classic study has been thoroughly revised to provide up-to-date information on the scope and practice of capital punishment and the movement, backed by international organizations and human rights treaties, to abolish the death penalty worldwide. As in previouseditions, it draws on Roger Hood's experience as consultant to the United Nations for the Secretary General's five-yearly surveys of capital punishment as well as the latest information from non-governmental organizations and the academic literature.Not only have more countries - such as the Phillipines - abolished capital punishment, but amongst those that retain the death penalty, fewer have been carrying out executions. Legal challenges to the mandatory imposition of capital punishment have been successful, as has the movement to abolish thedeath penalty for those who commit a capital crime when under the age of 18. Of particular interest is the situation in China, where all death sentences are to be reviewed by the People's Supreme Court. Support for capital punishment is waning in the USA, where concern is mounting as evidence ofconviction of the innocent grows, and where there have been renewed challenges to the constitutionality of the death penalty.Despite the many advances towards world-wide abolition, this book reveals many human rights abuses where the death penalty still exists. These include the wide range of crimes still subject to capital punishment in some countries, the lack of protection from police abuse, unfair trials, lack ofaccess to qualified defence counsel, terrible conditions and excessive periods of time spent on 'death row', and public and painful forms of execution. Roger Hood and Carolyn Hoyle engage with the latest debates on the realities of capital punishment, especially the claim that the death penalty is a uniquely effective deterrent to murder and other serious crimes. This edition brings up-to-date the discussion of whether capital punishment can everbe administered equitably, without discrimination or error, and, for the first time, considers the alternatives to capital punishment, especially the problems associated with a mandatory sentence to life imprisonment without the possibility of parole. This edition also considers the role andinfluence of victims' families and victim interest movements.


Capital Punishment

Author by : Alfred Joseph Taylor
Languange : en
Publisher by : Unknown
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Total Read : 76
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Description :


Ending The Death Penalty

Author by : A. Hammel
Languange : en
Publisher by : Springer
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Total Read : 95
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Description : Examining the successful movements to abolish capital punishment in the UK, France, and Germany, this book examines the similarities in the social structure and political strategies of abolition movements in all three countries. An in-depth comparative analysis with other countries assesses chances of success of abolition elsewhere.


13 Ways Of Looking At The Death Penalty

Author by : Mario Marazziti
Languange : en
Publisher by : Seven Stories Press
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Total Read : 58
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Description : Nation states and communities throughout the world have reached certain decisions about capital punishment: It is the destruction of human life. It is ineffective as a deterrent for crime. It is an instrument the state uses to contain or eliminate its political adversaries. It is a tool of “justice” that disproportionality affects religious, social, and racial minorities. It is a sanction that cannot be fixed if unjustly applied. Yet the United States—along with countries notorious for human rights abuse—remains an advocate for the death penalty. In these thirteen pieces, Mario Marazziti exposes the profound inhumanity and irrationality of the death penalty in this country, and urges us to join virtually every other industrialized democracy in rendering capital punishment an abandoned practice belonging to a crueler time in human history. A polemical book, yes, yet one that brings together a wide range of stories to compel the heart as well the mind.


The Debate About The Death Penalty

Author by : Kaye Stearman
Languange : en
Publisher by : The Rosen Publishing Group, Inc
Format Available : PDF, ePub, Mobi
Total Read : 96
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Description : Discusses the death penalty, including its history, why some people are against it, and how it affects society.


Crime Justice

Author by : Petar Hadji-Ristic
Languange : en
Publisher by : Unknown
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Total Read : 33
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Description :


Debating The Death Penalty

Author by : Hugo Adam Bedau
Languange : en
Publisher by : Oxford University Press
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Total Read : 93
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Description : Experts on both side of the issue speak out both for and against capital punishment and the rationale behind their individual beliefs.


The Abolition Of The Death Penalty In International Law

Author by : William A. Schabas
Languange : en
Publisher by : Unknown
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Total Read : 96
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Description : The first step towards the creation of an international human rights norm abolishing the death penalty was taken in 1948 with the recognition of the 'right to life' in Article 3 of the Universal Declaration of Human Rights. This book traces the emergence & progressive evolution of this international legal norm through an examination of the relevant conventions of both regional & universal application as well as the specific humanitarian agreements. The author analyses the preparatory works of the relevant international conventions & resolutions, the periodic reports on the subject submitted to the United Nations Human Rights Committee, the European Commission & Court of Human Rights & the American Commission & Court of Human Rights. The work explores the different limitations that international law has placed on the imposition of the death penalty: restricting its scope to serious crimes, & the prohibition of its application in the case of pregnant women, juveniles, the elderly & the insane. The author also examines the procedural safeguards required by international law when capital punishment is being considered. The eventual emergence of a customary norm completely abolishing the death penalty is also discussed.


The Next Frontier

Author by : David T Johnson
Languange : en
Publisher by : Oxford University Press
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Total Read : 19
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Description : Today, two-thirds of the world's nations have abolished the death penalty, either officially or in practice, due mainly to the campaign to end state executions led by Western European nations. Will this success spread to Asia, where over 95 percent of executions now occur? Do Asian values and traditions support capital punishment, or will development and democratization end executions in the world's most rapidly developing region? David T. Johnson, an expert on law and society in Asia, and Franklin E. Zimring, a senior authority on capital punishment, combine detailed case studies of the death penalty in Asian nations with cross-national comparisons to identify the critical factors for the future of Asian death penalty policy. The clear trend is away from reliance on state execution and many nations with death penalties in their criminal codes rarely use it. Only the hard-line authoritarian regimes of China, Vietnam, Singapore, and North Korea execute with any frequency, and when authoritarian states experience democratic reforms, the rate of executions drops sharply, as in Taiwan and South Korea. Debunking the myth of "Asian values," Johnson and Zimring demonstrate that politics, rather than culture or tradition, is the major obstacle to the end of executions. Carefully researched and full of valuable lessons, The Next Frontier is the authoritative resource on the death penalty in Asia for scholars, policymakers, and advocates around the world.


Capital Punishment And British Politics

Author by : James Bernard Christoph
Languange : en
Publisher by : London : Allen & Unwin [1962]
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The Death Penalty Legal Cruelty

Author by : Monika Welzmüller
Languange : en
Publisher by : GRIN Verlag
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Total Read : 82
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Description : Pre-University Paper from the year 2000 in the subject American Studies - Miscellaneous, grade: 14 Punkte, St.-Irmengard-Gymnasium, course: LK Englisch, language: English, abstract: People have been humiliated, mutilated and killed -daily were atrocities in the name of the law commited. Reigns of terror invented methods, which brought the inhuman aspect in man to light. The victims suffered from unbelieveable pains. And still today there exist methods, which mean torture and pain for the offenders as well as for the victims - even in the USA. The history of capital punishment in the territory which is now known as the USA starts in the 17th Century, when the American colonies imposed the death sentence not only for 14 offenses as England prescribed it, but also for fewer crimes. The first known execution was of Daniel Frank. He was put to death in 1622 in the Colony of Virginia for the crime of theft. In the 19th century politics and advances of technology influenced the use of the death penalty a lot. On August, 6, 1890 murderer William Kemmler was the first person, who has been executed in the electric chair. After a short-lived abolition movement which led to the repeat of numerous state death penalty statutes in 1900, Kansas was the first state who abolished capital punishment in 1907. Eight more states followed suit over the next 10 years. Then two sensational murder cases restarted the debate over the death penalty in the 1920s. As a result of this a time of death penalty support followed. For example two Italian immigrants were electrocuted in Massachusetts for two murders. Finally the peak of the U.S. executions was reached in the 1930s, averaging 167 a year. The decline of executions in the 1960s was caused by growing doubts about the death penalty. That means that after Luis Jose Monge who died in the gas chamber at Colorado State Penitentiary, an unofficial moratorium on executions began. The 1970s was an eventful decade for capital punishment. It first saw the death penalty canceled and then reinstated.


The Politics Of The Death Penalty In Countries In Transition

Author by : Madoka Futamura
Languange : en
Publisher by : Routledge
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Total Read : 97
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Description : The increase in the number of countries that have abolished the death penalty since the end of the Second World War shows a steady trend towards worldwide abolition of capital punishment. This book focuses on the political and legal issues raised by the death penalty in "countries in transition", understood as countries that have transitioned or are transitioning from conflict to peace, or from authoritarianism to democracy. In such countries, the politics that surround retaining or abolishing the death penalty are embedded in complex state-building processes. In this context, Madoka Futamura and Nadia Bernaz bring together the work of leading researchers of international law, human rights, transitional justice, and international politics in order to explore the social, political and legal factors that shape decisions on the death penalty, whether this leads to its abolition, reinstatement or perpetuation. Covering a diverse range of transitional processes in Asia, Africa, Latin America, Europe, and the Middle East, The Politics of the Death Penalty in Countries in Transition offers a broad evaluation of countries whose death penalty policies have rarely been studied. The book would be useful to human rights researchers and international lawyers, in demonstrating how transition and transformation, ‘provide the catalyst for several of interrelated developments of which one is the reduction and elimination of capital punishment’.


Abolition Of Capital Punishment

Author by : United States. Congress. House. Committee on the Judiciary. Subcommittee No. 2
Languange : en
Publisher by : Unknown
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Description : Committee Serial No. 21. Includes, "Man's Right To Life" by Ruth Leigh, Commission on Social Action of Reform Judaism, 1959 (p. 57-120).


The Death Of The American Death Penalty

Author by : Larry Wayne Koch
Languange : en
Publisher by : UPNE
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Total Read : 45
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Description : The death penalty has largely disappeared as a national legislative issue and the Supreme Court has mainly bowed out, leaving the states at the cutting edge of abolition politics. This essential guide presents and explains the changing political and cultural challenges to capital punishment at the state level. As with their previous volume, America Without the Death Penalty (Northeastern, 2002), the authors of this completely new volume concentrate on the local and regional relationships between death penalty abolition and numerous empirical factors, such as economic conditions; public sentiment; the roles of social, political, and economic elites; the mass media; and population diversity. They highlight the recent abolition of the practice in New York, New Jersey, New Mexico, and Illinois; the near misses in New Hampshire, Connecticut, Maryland, and Nebraska; the Kansas rollercoaster rides; and the surprising recent decline of the death penalty even in the deep South. Abolition of the death penalty in the United States is a piecemeal process, with one state after another peeling off from the pack until none is left and the tragic institution finally is no more. This book tells you how, and why, that will likely happen.


The Road To Abolition

Author by : Charles J. Ogletree, Jr.
Languange : en
Publisher by : NYU Press
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Description : At the start of the twenty-first century, America is in the midst of a profound national reconsideration of the death penalty. There has been a dramatic decline in the number of people being sentenced to death as well as executed, exonerations have become common, and the number of states abolishing the death penalty is on the rise. The essays featured in The Road to Abolition? track this shift in attitudes toward capital punishment, and consider whether or not the death penalty will ever be abolished in America. The interdisciplinary group of experts gathered by Charles J. Ogletree Jr., and Austin Sarat ask and attempt to answer the hard questions that need to be addressed if the death penalty is to be abolished. Will the death penalty end only to be replaced with life in prison without parole? Will life without the possibility of parole become, in essence, the new death penalty? For abolitionists, might that be a pyrrhic victory? The contributors discuss how the death penalty might be abolished, with particular emphasis on the current debate over lethal injection as a case study on why and how the elimination of certain forms of execution might provide a model for the larger abolition of the death penalty.


The Death Penalty

Author by : Joseph Anthony Melusky
Languange : en
Publisher by : ABC-CLIO
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Total Read : 10
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Description : Does the possibility of being put to death deter crime? Do the methods of execution matter? Is it possible for a state-ordered execution to be botched? Are innocent people ever sent to death row? Are there racial biases or other prejudices associated with the death penalty? This book examines the history of capital punishment in the United States; describes the significant issues, events, and cases; and addresses the controversies and legal issues surrounding capital punishment, making this important topic accessible to a wide range of readers. The book presents both sides of the argument on whether capital punishment should continue or be abolished, looking at the evidence regarding whether it is necessary for carrying out justice and deterring violent crime or whether the practice is inhumane, ineffective, biased in its application, and costly. Readers will gain insights into how capital punishment should be used, if at all; whether effective safeguards are in place to ensure that only the guilty receive the death penalty; what crimes deserve this sentence; whether juveniles or individuals with diminished mental capacity should ever be sentenced to death; potentially viable alternatives to the death penalty; and the hidden costs involved in our capital punishment system that make it so expensive. The book also contains primary documents relevant to capital punishment, such as excerpts from documents like the U.S. Constitution, the Hittite case laws, and the Code of Hammurabi, as well as descriptions of and excerpts from key cases decided by the U.S. Supreme Court.


The Death Penalty In Japan

Author by : Mai Sato
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 95
Total Download : 190
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Description : This book examines public attitudes to the death penalty in Japan, focusing on knowledge and trust-based attitudinal factors relating to support for, and opposition to, the death penalty. A mixed-method approach was used. Quantitative and qualitative surveys were mounted to assess Japanese death penalty attitudes. The main findings show that death penalty attitudes are not fixed but fluid. Information has a significant impact on reducing support for the death penalty while retributive attitudes are associated with support. This book offers a new conceptual framework in understanding the death penalty without replying on the usual human rights approach, which can be widely applied not just to Japan but to other retentionist countries.


The Death Penalty

Author by : Roger Hood
Languange : en
Publisher by : Oxford University Press
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Total Read : 52
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Description : D) On death row


Is The Death Penalty Dying

Author by : Austin Sarat
Languange : en
Publisher by : Cambridge University Press
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Total Read : 47
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Description : Is the Death Penalty Dying? provides a careful analysis of the historical and political conditions that shaped death penalty practice on both sides of the Atlantic from the end of World War II to the twenty-first century. This book examines and assesses what the United States can learn from the European experience with capital punishment, especially the trajectory of abolition in different European nations. As a comparative sociology and history of the present, the book seeks to illuminate the way death penalty systems and their dissolution work, by means of eleven chapters written by an interdisciplinary group of authors from the United States and Europe. This work will help readers see how close the United States is to ending capital punishment and some of the cultural and institutional barriers that stand in the way of abolition.


Comparative Capital Punishment

Author by : Carol S. Steiker
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 31
Total Download : 120
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Description : Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.Scholars in the fields of law, sociology, political science and history, as well as human rights lawyers, abolitionists, law makers and judges who wish to remain up-to-date on changing death penalty practices will need Comparative Capital Punishment on their reading list.