Human Rights

Download Confronting Capital Punishment in Asia: Human Rights, by Roger Hood, Surya Deva PDF

By Roger Hood, Surya Deva

Capital punishment has for a few years now been the topic of controversy and ethical debate. With the strengthening concentration all over the world on human rights there was a circulation to abolish this kind of punishment or in the slightest degree, uphold the minimal foreign legislation criteria aimed toward preserving the rights of these dealing with capital punishment.

This publication identifies Asia as being fairly unaffected by means of those foreign pressures. The essays contained during this quantity offer an research of adjustments within the scope and alertness of the dying penalty in Asian international locations, and clarify in what methods they fail to fulfill those foreign legislation criteria.

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Additional resources for Confronting Capital Punishment in Asia: Human Rights, Politics and Public Opinion

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Table 3 shows the percentage of adults supporting the death penalty for murder or as a general proposition in seven Asian settings between 1986 and 2010. pdf> (accessed 11 February 2013). indd 19 9/24/2013 9:13:06 PM 20 State Execution: Is Asia Different and Why? 1, p 302; updated for the PRC by Oberwittler and Qi (2009), 25. 1, p 10. difference in public support in zero execution Hong Kong and South Korea as opposed to the then 7,000 execution PRC. Indeed, five of the seven countries surveyed in Table 3 reported no executions in 2011.

Secondly, capital trials in Japan are not bifurcated into separate guilt and sentencing phases, even when the defendant denies guilt. Hence, when a defendant denies the charges against him or her, the court often hears little mitigating evidence, for such presentations by the defence might undermine its arguments for 38 See The Death Penalty Project (n 33) 21–2. org/-David_T_-Johnson/3461> (accessed 19 April 2013). See also Ch 9. indd 34 9/24/2013 8:55:11 PM Saul Lehrfreund 35 acquittal. In this way, protestations of innocence in Japan may increase the probability of receiving a sentence of death.

Consequently, Mr. DaCosta Cadogan’s mental health at the time of the offense was never fully evaluated by a mental health professional for the purpose of preparing his defense in a case where the death penalty was the only possible sentence . . The Court held that taking into account the strict procedural requirements that the state is obliged to observe in all capital cases, the judge had a duty to adopt a more active role in ensuring that all necessary measures were carried out in order to guarantee a fair trial.

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