The global decline of the mandatory death penalty : constitutional jurisprudence and legislative reform in Africa, Asia, and the Caribbean
Author(s)
Bibliographic Information
The global decline of the mandatory death penalty : constitutional jurisprudence and legislative reform in Africa, Asia, and the Caribbean
(Law, justice and power)
Ashgate, c2014
- : hbk
Available at 2 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and index
Description and Table of Contents
Description
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world's death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.
Table of Contents
- Chapter 1 Introduction: The Mandatory Death Penalty in Historical and Comparative Perspective
- Chapter 2 An Excessive and Arbitrary Punishment: The Mandatory Death Penalty and Discretion in the United States of America
- Chapter 3 Restricting the Death Penalty to the "Rarest of the Rare": The Origins of a Discretionary Death Penalty in India and Bangladesh
- Chapter 4 A Successful Experiment: The Abolition of the Mandatory Death Penalty in the Commonwealth Caribbean
- Chapter 5 The Holdouts: The Survival of the Mandatory Death Penalty in Malaysia and Singapore
- Chapter 6 The New Frontier: Constitutional Challenges to the Mandatory Death Penalty in Sub-Saharan Africa
- Chapter 7 The Doctrine of Extenuating Circumstances: The Rise of Judicial Sentencing Discretion in Southern Africa
- Chapter 8 Conclusion: After the Mandatory Death Penalty
by "Nielsen BookData"