Although the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. Today, the death penalty is a site of accommodation and resistance to international human rights norms between African governments and the Global North. As in debates over membership in the International Criminal Court and legal protections for sexual minorities, some leaders resist death penalty abolition as "imposed" by the Global North, though the modern death penalty in Africa is a product of European colonialism. However, Sub-Saharan Africa is not a passive subject of global death penalty abolition driven by Europe. Courts around the continent have made important contributions to global death penalty jurisprudence, and members of civil society have engaged in novel and successful strategies against the death penalty. In addition, precolonial notions of punishment and criminal responsibility in Africa have influenced debates over the death penalty, including whether to provide compensation to victims of crime. This book explores the African contribution to the global death penalty debate and lessons for the international death penalty abolition movement. [Subject: ?African Law, Human Rights Law, Criminal Law, Penology
Penalty Abolition - International Human Rights Norms in Local
Author: Andrew Novak
Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.
Arguments, Trends and Perspectives
Author: Ivan Šimonović
"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.
Author: Stephen Hopgood
Publisher: Cornell University Press
Category: Political Science
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. Emphasizing the impact of international human rights principles and evidence of abuse, the authors examine how this has fueled challenges to the death penalty and they analyze 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.
A Worldwide Perspective
Author: Roger Hood,Carolyn Hoyle
Publisher: Oxford University Press, USA
Category: Political Science
Issue 1,8328 September 11 2010
Author: Ransford Tetteh
Publisher: Graphic Communications Group
In this book, Jennifer Moore studies the role and application of humanitarian law by considering the experiences of African countries that are emerging from civil wars. Moore first offers an overview of international law, including its essential vocabulary, and then describes four particular subfields of international law: international humanitarian law, international human rights law, international criminal law, and international refugee law. After offering readers this important backdrop, Moore turns to practical mechanisms necessary to implement international humanitarian law, focusing specifically on the experiences of Uganda, Sierra Leone, and Burundi. This study of humanitarian law, despite its focus on Africa's experience, is important to conflict resolution and reconstruction throughout the world.
Author: Jennifer Moore
Publisher: Oxford University Press
#1 New York Times Bestseller | Named one of the Best Books of the Year by The New York Times • The Washington Post • The Boston Globe • The Seattle Times • Esquire • Time Winner of the Carnegie Medal for Nonfiction | Winner of the NAACP Image Award for Nonfiction | Winner of a Books for a Better Life Award | Finalist for the Los Angeles Book Prize | Finalist for the Kirkus Reviews Prize | An American Library Association Notable Book A powerful true story about the potential for mercy to redeem us, and a clarion call to fix our broken system of justice—from one of the most brilliant and influential lawyers of our time Bryan Stevenson was a young lawyer when he founded the Equal Justice Initiative, a legal practice dedicated to defending those most desperate and in need: the poor, the wrongly condemned, and women and children trapped in the farthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man who was sentenced to die for a notorious murder he insisted he didn’t commit. The case drew Bryan into a tangle of conspiracy, political machination, and legal brinksmanship—and transformed his understanding of mercy and justice forever. Just Mercy is at once an unforgettable account of an idealistic, gifted young lawyer’s coming of age, a moving window into the lives of those he has defended, and an inspiring argument for compassion in the pursuit of true justice. Praise for Just Mercy “Every bit as moving as To Kill a Mockingbird, and in some ways more so . . . a searing indictment of American criminal justice and a stirring testament to the salvation that fighting for the vulnerable sometimes yields.”—David Cole, The New York Review of Books “Searing, moving . . . Bryan Stevenson may, indeed, be America’s Mandela.”—Nicholas Kristof, The New York Times “You don’t have to read too long to start cheering for this man. . . . The message of this book . . . is that evil can be overcome, a difference can be made. Just Mercy will make you upset and it will make you hopeful.”—Ted Conover, The New York Times Book Review “Inspiring . . . a work of style, substance and clarity . . . Stevenson is not only a great lawyer, he’s also a gifted writer and storyteller.”—The Washington Post “As deeply moving, poignant and powerful a book as has been, and maybe ever can be, written about the death penalty.”—The Financial Times “Brilliant.”—The Philadelphia Inquirer “Not since Atticus Finch has a fearless and committed lawyer made such a difference in the American South. Though larger than life, Atticus exists only in fiction. Bryan Stevenson, however, is very much alive and doing God’s work fighting for the poor, the oppressed, the voiceless, the vulnerable, the outcast, and those with no hope. Just Mercy is his inspiring and powerful story.”—John Grisham “Bryan Stevenson is one of my personal heroes, perhaps the most inspiring and influential crusader for justice alive today, and Just Mercy is extraordinary. The stories told within these pages hold the potential to transform what we think we mean when we talk about justice.”—Michelle Alexander, author of The New Jim Crow
A Story of Justice and Redemption
Author: Bryan Stevenson
Publisher: Spiegel & Grau
Evolving Standards of Decency examines the ways in which popular culture portrays the death penalty. By analyzing literature and film, Atwell argues that capital punishment becomes much more complex when both offenders and victims are presented as fully developed individuals. Those studying justice issues, corrections, or capital punishment will find this an accessible work that places the stories read in novels or seen in movies in the context of the legal system that has the power of life and death.
Popular Culture and Capital Punishment
Author: Mary Welek Atwell
Publisher: Peter Lang
Category: Political Science
This publication is part of a series of training handbooks for human rights education which are designed to be adaptable to the needs and experience of a range of potential audiences. This publication focuses on human rights training for prison officials and includes practical recommendations, topics for discussion, case studies and checklists. Topics covered include: right to physical and moral integrity; health rights of prisoners; security regulation; prisoners contact with the outside world; complaints and inspection procedures; special categories of prisoners; and persons under detention without sentence. A companion publication "Human rights and prisons: a pocketbook of international human rights standards for prison officials" (ISBN 9211541581) is also available separately.
A Manual on Human Rights Training for Prison Officials
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher: United Nations Publications
When the Democrat-appointed Justice Ruth Bader Ginsburg criticized Republican presidential nominee Donald Trump, she triggered concerns about judicial ethics. But the political concerns were even more serious. The Supreme Court is supposed to be what Alexander Hamilton called "the least dangerous" branch of government, because it is the least political. Justices have lifetime appointments to ensure their "complete independence" when deciding cases and controversies. But in the Roberts Court's most contested and important rulings, it has divided along partisan lines for the first time in American history: Republican presidents appointed the conservatives, Democrats appointed the liberals. Justice Ginsburg's criticisms suggested that partisan politics drive the Court's most profound disagreements. Well-respected political science supports that view. Has this partisan turn made the Court less independent and less trustworthy than the nation requires? The term ending in 2016 included more decisions and developments in almost fifty years for analyzing this question. Among them were major cases about abortion rights, the death penalty, immigration, and other wedge issues, as well as the death of Justice Antonin G. Scalia, leaving the Court evenly divided between conservatives and liberals. Legal journalist Lincoln Caplan dissects the recent term, puts it in historical context, and recommends ways to strengthen trust in the Supreme Court as the pinnacle of the American constitutional system.
The Political Supreme Court
Author: Lincoln Caplan
Publisher: University of Pennsylvania Press
Abolish the Death Penalty
Author: William Schabas
Publisher: Cambridge University Press
Early childhood, from birth through school entry, was largely invisible worldwide as a policy concern for much of the twentieth century. Children, in the eyes of most countries, were 'appendages' of their parents or simply embedded in the larger family structure. The child did not emerge as a separate social entity until school age (typically six or seven). 'Africa's Future, Africa's Challenge: Early Childhood Care and Development in Sub-Saharan Africa' focuses on the 130 million children south of the Sahel in this 0-6 age group. This book, the first of its kind, presents a balanced collection of articles written by African and non-African authors ranging from field practitioners to academicians and from members of government organizations to those of nongovernmental and local organizations. 'Africa's Future, Africa's Challenge' compiles the latest data and viewpoints on the state of Sub-Saharan Africa's children. Topics covered include the rationale for investing in young children, policy trends in early childhood development (ECD), historical perspectives of ECD in Sub-Saharan Africa including indigenous approaches, new threats from HIV/AIDS, and the importance of fathers in children's lives. The book also addresses policy development and ECD implementation issues; presents the ECD programming experience in several countries, highlighting best practices and challenges; and evaluates the impact of ECD programs in a number of countries.
Early Childhood Care and Development in Sub-Saharan Africa
Author: Marito H. Garcia,Alan Pence,Judith Evans
Publisher: World Bank Publications
Category: Business & Economics
Includes bibliographical references and index.Death penalty scholars "assess the forms of legal subjectivity and legal community that are supported and constructed by the doctrines and practices of punishment by death in the United States. They help us understand what we do and who we become when we decide who is fit for execution." -- Back cover.
Constructing the Executable Subject
Author: Austin Sarat,Karl Shoemaker
Publisher: Univ of Massachusetts Press
Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself.? This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective
Author: Andrew Novak
This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.
Author: World Health Organization
DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling analysis, Garrett examines what went wrong in the cases of the first 250 people exonerated by DNA testing, and proposes systemic reforms.
Author: Brandon Garrett
Publisher: Harvard University Press