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Dissertations / Theses on the topic 'Capital punishment'

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Published: 4 June 2021
Last updated: 12 June 2025

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1

Ighnatenko, E. V. "Capital punishment." Thesis, Сумський державний університет, 2013. http://essuir.sumdu.edu.ua/handle/123456789/33628.

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Some crimes are so terrible that the only appropriate punishment is death. Furthermore, the existence of the death penalty deters violent crime. Capital punishment means condemning a criminal to death, regardless of the method of execution used. Execution by the state has a long history, and legislation around the issue is still changing. When you are citing the document, use the following link http://essuir.sumdu.edu.ua/handle/123456789/33628
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2

Westerberg, Charles G. "A tangled web of affiliation : explaining exceptionalism in patterns of capital punishment usage /." free to MU campus, to others for purchase, 2001. http://wwwlib.umi.com/cr/mo/fullcit?p3025661.

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3

Nguyen-Thanh, Mai-khoi. "Does capital punishment save lives? an examination of the deterrent effect of capital punishment /." Diss., Connect to the thesis, 2008. http://hdl.handle.net/10066/1454.

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4

Wollschlager, Nicholas. "Capital punishment and political affiliation." Tallahassee, Fla. : Florida State University, 2008. http://purl.fcla.edu/fsu/lib/digcoll/undergraduate/honors-theses/210378.

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5

Roy, Toe-Blake. "A biblical viewpoint of capital punishment." Online full text .pdf document, available to Fuller patrons only, 1991. http://www.tren.com.

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6

Kumaravelu, Vengadesh. "Capital punishment: A cross jurisdictional critique." Thesis, Kumaravelu, Vengadesh (2013) Capital punishment: A cross jurisdictional critique. Honours thesis, Murdoch University, 2013. https://researchrepository.murdoch.edu.au/id/eprint/21652/.

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This thesis analyses whether any changes to the current scope of the death penalty in either Australia or Singapore invite consideration or whether the respective regimes are grounded in sound principle. Both countries have been selected as they are at opposing ends of the death penalty spectrum, being abolitionist and retentionist respectively. One major issue reoccurring in various jurisdictions is an innocent accused being wrongfully convicted of a crime. Human institutions such as a country’s criminal justice system are fallible. Countries like Singapore that have a more ‘weighted’ approach towards Herbert Packer’s ‘crime control model’ must try to strike a balance with the ‘due process model’ to prevent the occurrences of wrongful convictions. Given the irreversible nature of capital punishment, this paper contends that an accused charged for a capital offence must be provided their fundamental rights, such as the right to access to counsel and the right to silence. The thesis also emphasizes the importance of pre-trial investigative procedures, such as the video-recording of suspect statements during police questioning or the preservation of DNA samples, to protect innocent individuals. Mandatory sentencing itself is subject to various problems. These issues may be amplified when the mandatory death sentence is concern. Therefore, the thesis contends that the mandatory death sentence does not deter (or only marginally deters) crimes as many retentionist States recognize. However, parliamentary sovereign nations, like Singapore, have the right to determine its criminal laws. The current state of international law does not totally prohibit the imposition of capital punishment. By considering the community’s perception of capital punishment in both jurisdictions, this paper finally discusses two issues; (1) whether the current state of the law in Australia allows it to reintroduce the death penalty if it desires to, and (2) whether the amendments in Singapore’s death penalty regime in 2012 signal the possible abolition of the punishment.
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7

Colucci, Alex R. "Knowledge Production, Capital Punishment, and Political Economy." Kent State University / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=kent1555694255644039.

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8

Colyer, Greg Warren. "Is capital punishment a deterrent to crime?" CSUSB ScholarWorks, 1999. https://scholarworks.lib.csusb.edu/etd-project/1720.

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9

Widerberg, Serak Micha. "Putting capital punishment to rest : A qualitative study of capital punishment and human rights in China and the Philippines." Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-75561.

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The situation of the influence of human rights issues related to capital punishment has for long been a matter of debate, especially regarding the retention and abolition of the death penalty. Various countries have, during the 20th century, changed their laws and approach on capital punishment with the implementation and adoption of human rights conventions. Opinions and actions taken from international actors like the United Nations and Amnesty International will be analyzed in this thesis as these could contribute in the understanding of the human rights movement which, during the last century, has changed many countries strict retentionist approach on capital punishment to an abolitionist view.   The People’s Republic of China and the Philippines will be implemented as case studies in this thesis which aims to investigate if and how human rights issues are influencing capital punishment in these two countries. The concept of legitimacy will be used as theoretical framework in order to identify changes within three sub-concepts of legitimacy namely morality, legality, and constitutionality. These concepts will, with the help of legitimacy, offer an explanation of how the case studies have handled human rights issues in relation to the death penalty. The arguments behind the decision making of laws, regulations and policies in China and the Philippines will also be of interest in the answering of the research question as these arguments could act as changes within legality and constitutionality. Regarding the moral stand behind the practice of capital punishment, the concept of morality will assist this thesis in the explaining and understanding of the ethics behind the choice of the death penalty.   The findings of this thesis demonstrate that social structures such as history, culture, politics, and norms are important aspects in the decision- and law making of capital punishment in China and the Philippines. Obstacles identified are linked to the approach on the death penalty from the governments which, in both case studies, have a history of neglecting human rights issues. However, as China has started to reconsider their stand on capital punishment, the Philippine regime has implemented an even stricter approach on the death penalty which demonstrates that the matter of human rights issues regarding capital punishment, in the two case studies, is a complicated battle between retention and abolition and the contest of legitimacy.
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Micka, Bridget Ann. "Revisiting capital punishment factors that matter when receiving the death penalty (a state by state analysis) /." Morgantown, W. Va. : [West Virginia University Libraries], 2006. https://eidr.wvu.edu/etd/documentdata.eTD?documentid=4610.

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11

Morgan, Michael R. "Biases in the imposition of the Death Penalty an investigation into discrimination in the sentencing of capital crimes in the United States, 1983-2001 /." Diss., Connect to the thesis, 2006.

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12

Powell, Charles McArdle. "Ambivalence versus aggressiveness : the administration of the death penalty in California and Texas /." free to MU campus, to others for purchase, 2001. http://wwwlib.umi.com/cr/mo/fullcit?p3052238.

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13

Cook, Amanda Paige. "CAPITAL AND PUNISHMENT: SUPPORTING THE DEATH OF DETERRENCE." MSSTATE, 2007. http://sun.library.msstate.edu/ETD-db/theses/available/etd-04262007-171049/.

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Previous research has examined certainty and severity of punishment as serving a deterrent function. This research examines the effects of economic, cultural, and social capital, as well as the effects of certainty, severity, and prior punishment on likelihood of re-offending. Data collected at the Central Mississippi Correctional Facility suggest that traditional deterrence indicators are insufficient for predicting likelihood of re-offending. This research finds that prior punishment increases likelihood of re-offending, a finding completely counter to that of traditional deterrence. Re-offending may be best understood by considering the effects of punishment on increasing prison capital and decreasing real world capital. The argument is that inmates consider their potential in the real world as compared to that in a prison when reporting likelihood of re-offending. Such considerations should better explain likelihood of re-offending as compared to traditional deterrence indicators, such as certainty, severity, and prior punishment.
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14

Brugger, E. Christian. "Capital punishment, abolition and Roman Catholic moral tradition." Thesis, University of Oxford, 2000. http://ora.ox.ac.uk/objects/uuid:352bddad-62d7-4621-9043-b603afdc5855.

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The last fifty years have seen a turn in the Catholic Church's public attitude toward capital punishment. From openly defending the right of the state to kill malefactors, the Church has become an outspoken opponent. What accounts for this? How can it be reconciled with Catholic tradition? Should the current teaching be called a 'development of doctrine'? Can we expect further change? These questions shape this thesis. The work is divided into three parts comprising a total of eight chapters. Part I undertakes a detailed exegesis of the death penalty teaching of the Catechism of the Catholic Church (1997). I conclude that the text, while not explicitly stating that the death penalty is in itself wrong, lays down premises which when carried to their logical conclusions, yield just such a conclusion. This conclusion is checked and confirmed by the fundamental moral reasoning found in the papal encyclicals Evangelium Vitae and Veritatis Splendor. In light of this conclusion (what I call the new position), Part II asks the question: may the Church, constrained by sound biblical interpretation and dogmatic tradition, legitimately teach in a definitive way that capital punishment is per se wrong? This is a question which concerns the development of doctrine. Before it can be answered the Church's traditional teaching needs to be precisely formulated so that it can be placed in juxtaposition to the new teaching. An analysis of statements throughout ecclesiastical history is therefore undertaken and what we might call the cumulative consensus of ecclesiastical writers on capital punishment is formulated. The authoritative nature of this teaching is analyzed to determine what kinds of developments it admits and excludes. Judging its nature admits of a development like the one described in Part I, models are proposed to explain modes by which it might be understood to be developing. Finally, a systematic and philosophically consistent account of the new position is proposed and its implications for other teachings in the Church's tradition of 'justifiable violence' is examined.
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15

Gaie, J. B. R. "The ethics of medical involvement in capital punishment." Thesis, University of Essex, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.310086.

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16

Johnson, Alan W. "Discovering Forgiveness in Executing Justice Through Capital Punishment." Ashland Theological Seminary / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=atssem1598450441485902.

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17

Chan, Wah-kwing Ellis. "An analysis of the Hong Kong government's policy on capital punishment." Click to view the E-thesis via HKUTO, 1988. http://sunzi.lib.hku.hk/hkuto/record/B31975264.

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18

Chan, Kwok-wah Andy. "Death penalty in contemporary China." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22190181.

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19

Popham, Ashley Hope. "Abortion and Capital Punishment: Changing Attitudes and Demographical Influences." unrestricted, 2008. http://etd.gsu.edu/theses/available/etd-11192008-210808/.

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Thesis (M.A.)--Georgia State University, 2008.<br>Title from file title page. James Ainsworth, committee chair; Phillip Davis, Erin Ruel, committee members. Description based on contents viewed Aug. 27, 2009. Includes bibliographical references (p. 89-92).
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20

Burke, Daniel. "Morality in Law: Capital Punishment and the Mentally Retarded." Miami University Honors Theses / OhioLINK, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1111150529.

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21

Braslaw, Truman. "An Arbitrary Death? Capital Punishment and the Supreme Court." Oberlin College Honors Theses / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1398962476.

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22

Butcher, Charles. "Capital Punishment: How Economic Geography Shapes Low-capability Warfare." Thesis, The University of Sydney, 2011. http://hdl.handle.net/2123/8088.

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In 2008, nearly half of Africa’s civil wars were ‘low-capability’, that is, conflicts without the tanks, artillery and jet-aircraft we associate with modern warfare. Although depictions of teenagers with AK-47s stealing aid supplies, looting diamonds and brutalising civilians are popular, we know little about the logic of combat in places such as Sierra Leone, Liberia and Somalia. This thesis advances our knowledge by articulating a theory of military strategy in low-capability civil wars. I argue that low-capability civil wars are defensive wars. Due to the inability of governments and insurgents to conduct offensive operations, the costs of capturing territory are far greater than holding it. Based on this theory, I predict that economic geography structures where battles are fought and when foreign states intervene in low-capability civil wars. Results from a quantitative analysis of African civil wars from 1960-2008 and a case study of the Liberian civil war show that the incidence and concentration of fighting around ‘point resources’, especially capital cities, is higher in low-capability civil wars when compared to the more familiar ‘conventional’ and ‘guerrilla’ civil wars. Foreign states also time their deployments with decisive battles over economically valuable areas in low-capability warfare, a pattern not observed in conventional or guerrilla warfare.
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23

Chan, Wah-kwing Ellis, and 陳華烱. "An analysis of the Hong Kong government's policy on capitalpunishment." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1988. http://hub.hku.hk/bib/B31975264.

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24

Bergman, Martin. "Dödsstraffet, kyrkan och staten i Sverige från 1700-tal till 1900-tal." Lund : Stockholm : [Institutet för rättshistorisk forskning] ; Nerenius & Santérus i distribution, 1996. http://books.google.com/books?id=Px3kAAAAMAAJ.

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25

Kmiec, Marek. "Biblical standards for the death penalty." Theological Research Exchange Network (TREN), 1991. http://www.tren.com.

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26

Gottlieb, Gabriele. "Theater of death capital punishment in early America, 1750-1800 /." Connect to this title online, 2005. http://etd.library.pitt.edu/ETD/available/etd-12082005-165901/.

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27

Miao, Michelle. "The politics of change : explaining capital punishment reform in China." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:524671ef-31e8-42ee-8b8c-34d8f3c408ef.

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The thesis seeks to enhance understanding of the recent reform of capital punishment law, policies and institutions in China by studying its causes, significance, and limits. The research surveys the reform initiated by China’s top judiciary – the Supreme People’s Court - around 2006-2007. It demonstrates a changing domestic socio-political context, within which the external and internal impetus to reform is inevitable. Drawn from elite interview evidence with penal policy makers including judges, prosecutors, and legislators, the thesis concludes that Europe-inspired, cross-border abolitionist sentiments created motivation for change in China through soft mechanisms of shaming and persuasion, albeit to a limited degree. In the domestic realm, the research identified three pairs of interrelated tensions – the contradiction between elites and the public, the conflict between political intervention and judicial autonomy, and the divergent interests and priorities between top judicial organs and lower courts. These tensions are useful social, political and legal indicators to explain why and how China reformed its capital punishment machinery.
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28

Al-Shalhoub, Badr. "Capital punishment : a comparative study, with emphasis on Saudi Arabia." Thesis, University of Wales Trinity Saint David, 1996. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503611.

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29

陳國華 and Kwok-wah Andy Chan. "Death penalty in contemporary China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B31978903.

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30

Zhang, Shudong. "Conceptualizing the ultimate punishment in China a political, cultural, and historical analysis of the death penalty in communist China, 1949-2007 /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2008. http://hdl.handle.net/10355/6080.

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Thesis (M.A.)--University of Missouri-Columbia, 2008.<br>The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on July 13, 2009) Includes bibliographical references.
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31

Guess, Teresa J. "Ritual action & death penalty abolition : a case study /." free to MU campus, to others for purchase, 1999. http://wwwlib.umi.com/cr/mo/fullcit?p9946258.

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32

Kirkland, Amelia Lane. "Is There an "Innocent Female Victim" Effect in Capital Punishment Sentencing?" Scholar Commons, 2010. http://scholarcommons.usf.edu/etd/3481.

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Disparities in the administration of capital punishment are a prominent social and political issue. While the focus of death penalty disparity research initially lay with the defendant and how the defendant’s race or ethnicity affects sentencing outcomes, only marginal support for offender effects has been found. A consistent finding, however, is that victim race has a significant effect on capital sentencing outcomes. Recent examinations of the joint effects of victim characteristics indicate that victim gender also has some influence in capital sentencing decisions. While these prior studies have examined the interactive effects of victim gender and victim race the current study proposes that victim-related variables other than race may be important components in understanding the female victim effect. This analysis is focused on understanding the joint effects of victim gender in terms of identifying an “innocent female victim” effect. Based on prior studies and theoretical perspectives, three hypotheses are proposed and tested here using a sub-population of capital cases in North Carolina between the years 1990 and 2007: 1. Cases with a female victim and male defendant will be more likely to result in the death penalty than other defendant-victim gender dyads, 2. Cases with a female victim and stranger defendant will be more likely to result in the death penalty than other dyads, and 3. Cases with a female victim who was not involved in illegal activity at the time of her victimization will be more likely to result in the death penalty than other dyads. The results indicate that victim conduct (illegal activity) and victim gender both play a role in jury sentencing recommendations, but regardless of victim conduct, cases with a female victim are the most likely to result in the death penalty. Therefore, this study finds marginal support for an “innocent female victim” effect in jury decisions to recommend the death penalty, but consistent support for a “female victim” effect. Conclusions and implications of the findings are discussed.
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33

Hoxsie, Christian Conor. "Obligation vs. Economy: The Morality and Economic Complications of Capital Punishment." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1034.

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If we accept the existence evil and evil people in the world, should we punish them? If so, to what extend? Are we obligated to take an evil person's life and if so, how far does our obligation go? Our inquiry begins with a look into the justifications of capital punishment through three philosophical theories: Locke's Deterrence Theory, Kant's Retributivist Theory, and Matthew Kramer's Purgative Rationale Theory. Next we will look at the economic weight of the U.S. capital punishment system. Lastly, should we accept an obligation to the death penalty, we will discuss whether or not the economic burden is worth our commitment. Our discussion will lead to a synergy of the two, one that reduces the economic burden while providing a richer purpose to capital punishment than merely killing criminals.
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34

Chehata, Hanan. "A penological critique of Christian and Islamic justifications of capital punishment." Thesis, Brunel University, 2006. http://bura.brunel.ac.uk/handle/2438/5162.

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This thesis provides a critique of the penology of capital punishment from the perspectives of Christianity and Islam. In order to ascertain the basic theological approaches of both religions towards capital punishment, Chapters 2 and 3 examine the core Scriptural texts, laws and traditions of both Christianity and Islam respectively. These chapters reveal how different methods of Scriptural interpretation and differences in religious practice, within each faith, have led to divergent opinions regarding the legitimacy and acceptability of capital punishment. Chapters 4 and 5 examine two of the primary penological justifications for the death penalty; retributivism and deterrence. It is demonstrated how they can be used, within secular and religious frameworks, to both condemn and condone the use of the punishment. Chapter 6 considers a variety of contemporary methods used to execute offenders and asks whether the methods used have any effect on the religious acceptance or rejection of the penalty. Finally, Chapter 7 presents one of the most controversial aspects of the contemporary death penalty debate, namely the unequal application of the penalty as it pertains particularly to black offenders, indigent offenders and mentally ill offenders. This serious criticism of the death penalty is considered first in general secular terms and then in light of the teachings of both religions and it is asked how the religious arguments in favour of the death penalty stand in light of such serious violations of human rights and justice. The thesis concludes with the assertion that, while a strong case can be made from within both religions for the use of capital punishment in principle, in practice given current practices of criminal justice systems worldwide there is a strong case to be made, if not for abolition, then at least for a drastic curtailment of the practice and a long-term moratorium on capital punishment on religious grounds.
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35

Imhanwa, Jude Onos. "Religious ethics, capital punishment and reconciliation in a new South Africa." Master's thesis, University of Cape Town, 2001. http://hdl.handle.net/11427/8748.

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Bibliography: leaves 147-155.<br>The new democratic South Africa is a society that is bedevilled by violent crime. The reintroduction of the death penalty, in the view of many of the victims of violent crime and a section of the politicians, seems to be the only solution. This thesis: "Religious Ethics, Capital Punishment and Reconciliation in a New South Africa," contends that reintroducing capital punishment is not a solution to the problem of violent crime, for two principal reasons: It violates the principle of legitimate pluralism as it infringes on the right of religious and cultural freedom, and it is incompatible with the notion of reconciliation. First, the thesis discusses the justifications of punishment from the perspectives of reason and faith. Then, it goes further to look at the seriousness and causes of violent crime in the new South Africa. In addition, it presents the teachings of five religions - Judaism, Christianity, Islam, Hinduism and African traditional religion - on capital punishment and reconciliation, comparatively. In the concluding part, it makes an evaluation of crime, capital punishment and reconciliation. This thesis identifies the root cause of violent crime as "poverty", defined as "lack of'. It ends, therefore, by suggesting that the solution to violent crime in the new South Africa is reconciliation as it is the solution to "poverty" as the root cause of violent crime.
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36

Wright, Valerie L. "Celerity, Capital Punishment, and Murder: Do Quicker Executions Deter Criminal Homicides." The Ohio State University, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=osu1252610526.

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37

Pieton, Michael A. "The Effectiveness of Capital Punishment in Reducing the Violent Crime Rate." Youngstown State University / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=ysu1495710346192765.

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38

Hall, Patrick Thomas More. "Be Still My Heart: Determinants of Support for Capital Punishment Attitudes." ScholarWorks@UNO, 2004. http://louisdl.louislibraries.org/u?/NOD,155.

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Thesis (M.A.)--University of New Orleans, 2004.<br>Title from electronic submission form. "A thesis ... in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Political Science."--Thesis t.p. Vita. Includes bibliographical references.
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Bennett, Rachel. "Capital punishment and the criminal corpse in Scotland 1740 to 1834." Thesis, University of Leicester, 2016. http://hdl.handle.net/2381/37503.

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Capital punishment occupies a central area of investigation within the annals of Western European penal history in the eighteenth and nineteenth centuries. However studies of Scotland have thus far garnered limited academic attention, especially when compared to practices in England. Based upon the extensive quantitative and qualitative analysis of previously untapped primary sources, this thesis provides the most in-depth investigation into the use of capital punishment in Scotland between 1740 and 1834 to date. It examines some of the key themes permeating the wider historiography such as the theatre of the gallows and the changing nature of the public execution from a Scottish perspective in order to both enhance the current field whilst also providing a rethinking of some of the broader assumptions. Through an analysis of the fluctuations in Scotland’s use of the death sentence and the changing public discourse towards capital punishment throughout this period, the thesis will demonstrate the unique Scottish experience. Furthermore, it will highlight notable areas of comparison with practices in England, an area of research thus far largely neglected by Scottish and English crime historians alike. While previous studies of capital punishment have ended with the public execution, a central area of investigation in this thesis will be the enacting of post-mortem punishments upon the Scottish criminal corpse in the wake of the 1752 Murder Act. An analysis of the punishments of dissection and hanging in chains, and their place within the criminal justice system’s response to the crime of murder, presents a caveat in the long term narrative of the changing nature of capital punishment between the mid-eighteenth and early nineteenth centuries.
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40

Buckberry, Jo. "Osteological evidence of corporal and capital punishment in later Anglo-Saxon England." http://catalogue.brad.ac.uk/record=b2193549~S1, 2014. http://hdl.handle.net/10454/7184.

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no<br>Recent research by Andrew Reynolds has interrogated the archaeological record for evidence of Anglo-Saxon execution cemeteries (Reynolds 2009). This paper will discuss how osteological evidence can aid our interpretation of Anglo-Saxon capital punishment and give insight into the type of evidence that might aid in the identification of corporal punishment from skeletal populations. The importance of correctly interpreting skeletal trauma is essential, but this can be supported by scrutinising the palaeodemographic profile of execution populations, burial position, an understanding the decomposition process and the significance of post-depositional disturbance of burials. It will lay down a framework for the successful identification of corporal and capital p unishments, with reference to Anglo-Saxon documentary sources.<br>Full text of the author's final draft is unavailable due to copyright restrictions.
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41

Yang, Hongyan. "The death penalty, the right to life and human rights in China." Click to view the E-thesis via HKUTO, 1997. http://sunzi.lib.hku.hk/HKUTO/record/B38627899.

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42

Thompson, Janelle M. "College students' attitudes towards death penalty sentencing /." View online, 1998. http://repository.eiu.edu/theses/docs/32211130722723.pdf.

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43

Kleinstuber, Ross. "The effects of religious affiliation on capital jurors' punitive beliefs and dispositions towards punishment." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 42 p, 2007. http://proquest.umi.com/pqdweb?did=1338880841&sid=14&Fmt=2&clientId=8331&RQT=309&VName=PQD.

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44

Garland, Ross. "Cross-citation in death penalty cases and the internationalisation of human rights." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:5058e6e1-26f6-4207-8ce0-9fa80bde5e43.

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This thesis examines why courts in the United States of America (US), India and South Africa refer to foreign law in death penalty cases. To gain an understanding of what drives the apex courts of the US, India and South Africa to cite foreign law when considering domestic death penalty issues, this thesis proposes a three-part matrix to both assess the relevant case law and to analyse the academic literature on cross-citation. Firstly, it will be demonstrated that judges in national courts cross-cite comparative law out of a primary interest in constitutional interpretation. Cross-citation is used in this manner to assist judges in their domestic interpretative tasks. Secondly, it will be illustrated how courts that engage in the citation of foreign law also seek guidance from other jurisdictions as to the content of shared values, such as what type of punishment does not fundamentally and unlawfully violate the right to human dignity. Finally, this thesis assesses to what degree courts from the three selected jurisdictions are additionally referencing or applying a customary international law norm when citing foreign sources. The argument is made that the domestic courts under examination engage with comparative law in the context of a broader transnational normative project, taking the international human rights framework that developed after the Second World War as a key reference point. In doing so, this thesis argues that these courts are at times recognising and developing emerging customary norms, and at other times giving effect to and enforcing applicable international human rights law.
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45

Flanagan, Eugene Patrick. "Capital punishment discourses and the U.K public sphere : a critical realist analysis." Thesis, University of Bradford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.558086.

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46

Alam, Muhammad Qadeer. "Capital punishment in South Asia (India, Pakistan and Bangladesh) : a legal analysis." Thesis, Middlesex University, 2017. http://eprints.mdx.ac.uk/21990/.

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Despite the inexorable global trend towards abolition, India, Pakistan and Bangladesh have not embraced the abolitionist movement and still fail to accept capital punishment as a human rights issue. The application of capital punishment in the Indian subcontinent is not only a violation of international human rights law but is also contradictory to the domestic constitutional provisions that guarantee the right to life, the right to a fair trial and the prohibition of torture. This research identifies the glaring gaps in the substantive and procedural laws of these countries that lead to arbitrary application of the death penalty. Law Commissions’ reports and the case law of these countries reflect: the investigating agencies use torture to extract confession; the indigent accused facing capital charges do not get legal assistance at the state’s expense; and issues related to witnesses cause undue delay in criminal proceedings and an escape route to terrorist and the powerful from prosecution. Simultaneously, the special courts have heightened the risk of arbitrary and subjective application of capital punishment by adopting special procedures that lower fair trial standards and due process guarantees. These special procedures include special powers of arrest and detention, validity to confessions made under police custody and reversing the presumption of innocence. The thesis explains that the scope of capital punishment as enunciated in the primary sources of Islamic jurisprudence (the Quran and the Sunnah) is not only limited but is also entwined with stringent evidentiary requirements and due process guarantees. It helps to dispel the notion that sharia is an impediment to restrict the scope of the application of capital punishment in Pakistan. This dissertation explores the legal and physical problems of one third of the world’s death row prisoners who have been languishing in cells for many years under the conditions of solitary confinement in contravention to guidelines of the domestic courts and law commissions. The pain of death row in the Indian subcontinent is exacerbated due to the denial of fundamental rights to prisoners in the name of safekeeping. As part of a comprehensive approach, the research provides compelling legal grounds to strengthen the criminal justice system by focusing on the process of evidence and investigation in order to prosecute the powerful and terrorists to promote justice rather than revenge.
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Schlaupitz, Sheila M. "Race, Religion, And Attitudes Toward Capital Punishment: A Test Of Attribution Theory." [Tampa, Fla.] : University of South Florida, 2003. http://purl.fcla.edu/fcla/etd/SFE0000228.

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48

Samaniego, Rebekah. "When Race Matters: The Influence of Race on Case Clearances in Capital vs. Non-Capital Homicides in Texas." Thesis, University of North Texas, 2017. https://digital.library.unt.edu/ark:/67531/metadc1062846/.

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Texas leads the nation in the number of executions carried out since capital punishment was reinstated in 1976. Race was a key factor in the 1972 moratorium, and though the Supreme Court allowed for its return under new statutes, race continues to plague the capital punishment legal system. In this study, I examine the influence of race on case clearances in capital and non-capital homicides in Texas, using the extra-legal and non-discretionary theories from existing clearance literature. I find that race influences the probability of cases being cleared in non-capital cases but has no statistically significant effect in clearing capital cases.
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Treviño, Ethan. "Patriarchy on the gallows." Auburn, Ala., 2007. http://repo.lib.auburn.edu/07M%20Theses/TREVINO_ETHAN_34.pdf.

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50

Willis, Angela. "TIME ON FLORIDA'S DEATH ROW: A THEORY OF "BENIGN NEGLECT"." Master's thesis, University of Central Florida, 2008. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/3896.

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This thesis attempts to identify and explain what influences the length of time an inmate spends on Florida's death row. A systematic random sample of 33 Florida death row inmates was drawn from the Florida Department of Corrections death row roster and the Florida Commission on Capital Cases inmate roster. Documented for each death row inmate was how long he spent on Florida's death row navigating the various stages and steps in Florida's post-conviction capital punishment process. The data show that petitions to the state trial courts and appeals to the Florida Supreme Court take the longest time in Florida's post-conviction capital punishment process. It also shows a considerable amount of "dead time," which refers to any additional time that an inmate spends on death row with no legal actions pending. A theory of "benign neglect" is proposed as the most likely explanation for the excessive delays.<br>M.S.<br>Department of Criminal Justice and Legal Studies<br>Health and Public Affairs<br>Criminal Justice MS
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