Lecturer: Miljen Matijašević
G10, room 6/I, Tue 11:30-12:30
e-mail: miljen.matijasevic@gmail.com
Session 4
1.
Revision of the previous session
2.
The Death Penalty
Death and the Law
1.
What does the Suicide Act 1961 criminalise /
decriminalise?
2.
What is the difference between euthanasia and
assisted suicide?
3.
Explain the difference between active and passive
euthanasia!
4.
In what situations can non-voluntary euthanasia be
practised?
5.
What is the legislative situation regarding
euthanasia in the UK and the USA?
6.
What do you know about the Dutch and Swiss
regulations?
7.
What are advance directives?
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a.k.a. the capital punishment or execution
the killing of a person as punishment for a
crime in a judicial process
common methods:
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lethal injection
electrocution
hanging
firing squad
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abolished by 103 countries
still actively used by 36 countries (e.g. the
USA, China, Japan, Iran, Indonesia)
Over 60% of the world’s population lives in
those countries
in other countries the death penalty is legal
but not used
ABOLITION INITIATIVES
UN Human Rights Commission 1999
◦ Resolution supporting Worldwide Moratorium on
Executions
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opposed by the above countries
The Council of Europe
◦ 6th Protocol to the ECHR (1983)
 prohibits the death penalty in time of peace
◦ 13th Protocol to the ECHR (2002)
 prohibits the death penalty in all circumstances
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requirement for any applicant country
The European Union
◦ Charter of Fundamental Rights of the EU
◦ drafted in 2000, entered into force with the Treaty
of Lisbon, 1 Dec 2009
◦ among other things, prohibits the death penalty
The United Kingdom
 abolished
◦ 1969 most crimes except treason and some military
crimes
◦ 1998 all crimes
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ratified the 6th Protocol in 1998, 13th in
2003
last execution in 1964
last woman to be executed: Ruth Ellis, 1955
The People’s Republic of China
 estimates: several thousand people executed
every year
 methods: lethal injection and firing squad
 capital crimes – not only murder but also
some economic and property crimes (tax
fraud, crimes against national symbols and
treasures, corruption, etc.)
 repeating of crimes key to punishment
Iran
 capital crimes: murder, rape, drug trafficking,
terrorism, kidnapping, paedophilia, etc.
 but also: apostasy, adultery and
homosexuality
 methods: hanging and stoning (disputed)
 claims of capital punishment carried out on
minors
Croatia
 abolished with the Constitution of the RC
1990
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last execution performed in 1987 (Dušan
Kosić, for quadruple homicide)
The United States of America
 abolished by law in 12 states + the DC
 several states have death penalty laws but
don’t apply them
 death penalty imposed, but carried out in
approximately 10% of cases (e.g. Texas
executes 40% and California 1% of those
sentenced)
 capital crimes: although legislations vary, in
practice mostly given for murder with
aggravating circumstances
The United States of America
 1972-1976 federal suspension of the d.p.
 declared as ‘cruel and unusual punishment’,
prohibited by the 8th Amendment to the
Constitution, although each SC Justice
provided different reasons
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methods: lethal injection (by far most
common); also used: electrocution, lethal gas,
firing squad
The United States of America
 racial issues
 African Americans convicted of homicide and
sentenced to death 3-4 times more often
than whites
 studies have shown that the race of the victim
may be more decisive in giving the death
penalty
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two views:
◦ abolitionist (against the death penalty)
◦ retentionist (in favour of the death penalty)
Think of arguments for abolitionist, i.e.
retentionist views!
Read paragraph 3 of the text on p.92
 What are some abolitionist and retentionist
views expressed in the text?
 What does the Ruth Ellis case show?
Listen to some details of the Ruth Ellis and
Dušan Kosić cases.
Lord Kennet’s speech in the House of Lords,
1961
 expressed his views on the capital
punishment
 summarised it in five verbs:
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prevent
reform
research
deter
avenge
What do you think he meant under these verbs?
Read and find out.
(by Roger Hood, Professor of Criminology, Oxford University)
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an extreme example of torture, violation of
human rights – illegitimate for a state to
employ
no convincing evidence that murder rate is
lower in jurisdictions where capital punishment
exists
practice has shown that it is regularly applied
with a dose of arbitrariness, inequity and
discrimination
counterproductive in moral terms – undermines
the moral authority of the legal system
Thank you for your attention!