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Death Row Phenomenon
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Can the death penalty really be abolished ?
The death row phenomenon
31/10/22
BARBOSA ORTET Kally
Justin Sullivan / Getty
What is the death penalty ?
Introduction
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The rise of the Death Row Phenomenon
The death Row phenomenon
Death Penalty Information Center, 2019
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The death row phenomenon :
I. An unintentional creation of the US Constitution
Structure
Can the death penalty really be abolished ?
II. An objected creation by the International Court
Conclusion
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I. An unintentional creation of the US Constitution
I. An unintentional creation of the US Constitution
8th Amendment of the US Constitution :
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
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Solem v. Helm, 1983
- convicted for a 100$ no account check
- disproportionate and cruel punishment
- 4 factors determined by the Supreme Court
The risk of error
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Necessity of long delays
Nkem ADELEYE :
- legitimate appeals
- appeals attributed to the prisoner
- appeals attributed to the state
Necessity of long delays
Soohee Cho, The Intercept, 2019
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II. An objected creation by the International Court
II. An objected creation by the International Court
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Statistica, 2022
The International Law
- UDHR : Universal Declaration of Human Rights (1948)
- ICCPR : International Covenant on Civil and Political Rights (1977)
The International law
"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment"
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Soering v.
THE UNITED KINGDOM (1989)
- challenged his extradition to the US
- European Convention on Human Rights (1950)
The Soering Case
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment"
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Conclusion
Can the death penalty really be abolished ?
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Thank You for listening!
Thank You
-Kally
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Sources
Sources
Patrick Hudson: "Does the Death Row Phenomenon Violate a Prisoner’s Human Rights under International Law?" European Journal of International Law, Volume 11, Issue 4, 2000, Pages 833–856,
NKEM ADELEYE: "The Death Row Phenomenon: A Prohibition Against Torture, Cruel, Inhuman and Degrading Treatment or Punishment" Article, 2021, Library of Congress Authority File
Wex Online Ditionary: "Cruel and Usual Punishment", Legal Information institute
https://www.law.cornell.edu/wex/cruel_and_unusual_punishment
Hugo Adam Bedau: DEFEND THE RIGHTS OF ALL PEOPLE NATIONWIDE, ACLU, 1973, revised in 2012
https://www.aclu.org/other/case-against-death-penalty
ACLU: DEFEND THE RIGHTS OF ALL PEOPLE NATIONWIDE, April 2019
https://www.aclu.org/other/faq-covenant-civil-political-rights-iccpr#:~:text=The%20U.S.%20ratified%20the%20ICCPR,the%20status%20of%20federal%20law
Death Penalty Information Center: International Section Article
https://deathpenaltyinfo.org/policy-issues/international
Death Penalty Information Center : Time on Death Row, Article, 2019
https://deathpenaltyinfo.org/death-row/death-row-time-on-death-row
The Human Rights Fact Sheet: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", Office of the United
Nations High Commissioner for Human Rights, United Nations Office at Geneva
https://www.ohchr.org/sites/default/files/Documents/Publications/FactSheet4rev.1en.pdf
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