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The Global Decline of the Mandatory Death Penalty

Book

The Global Decline of the Mandatory Death Penalty

DOI link for The Global Decline of the Mandatory Death Penalty

The Global Decline of the Mandatory Death Penalty book

Constitutional Jurisprudence and Legislative Reform in Africa, Asia, and the Caribbean

The Global Decline of the Mandatory Death Penalty

DOI link for The Global Decline of the Mandatory Death Penalty

The Global Decline of the Mandatory Death Penalty book

Constitutional Jurisprudence and Legislative Reform in Africa, Asia, and the Caribbean
ByAndrew Novak
Edition 1st Edition
First Published 2014
eBook Published 18 March 2016
Pub. Location London
Imprint Routledge
DOI https://doi.org/10.4324/9781315557656
Pages 200
eBook ISBN 9781315557656
Subjects Area Studies, Law, Social Sciences
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Novak, A. (2014). The Global Decline of the Mandatory Death Penalty: Constitutional Jurisprudence and Legislative Reform in Africa, Asia, and the Caribbean (1st ed.). Routledge. https://doi.org/10.4324/9781315557656

ABSTRACT

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|8 pages

Introduction: The Mandatory Death Penalty in Historical and Comparative Perspective

chapter 2|22 pages

An Excessive and Arbitrary Punishment: The Mandatory Death Penalty and Discretion in the United States of America

chapter 3|16 pages

Restricting the Death Penalty to the “Rarest of the Rare”: The Origins of a Discretionary Death Penalty in India and Bangladesh

chapter 4|26 pages

A Successful Experiment: The Abolition of the Mandatory Death Penalty in the Commonwealth Caribbean

chapter 5|26 pages

The Holdouts: The Survival of the Mandatory Death Penalty in Malaysia

chapter 6|26 pages

The New Frontier: Constitutional Challenges to the Mandatory Death Penalty in Sub-Saharan Africa

chapter 7|38 pages

The Doctrine of Extenuating Circumstances:The Rise of Judicial Sentencing Discretion in Southern Africa

chapter 8|6 pages

Conclusion: After the Mandatory Death Penalty

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