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1 - Capital punishment: improve it or remove it?

Published online by Cambridge University Press:  22 September 2009

Peter Hodgkinson
Affiliation:
Founder and Director of the Centre for Capital Punishment Studies Westminster University Law School, London
Peter Hodgkinson
Affiliation:
University of Westminster
William A. Schabas
Affiliation:
National University of Ireland, Galway
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Summary

Figures vary somewhat on the number of countries that may be considered abolitionist, essentially because of differences over what constitutes de facto rather than de jure abolition. There is no dispute about the existence of an inexorable trend towards the elimination of capital punishment in national judicial systems during the twentieth century. While only a handful of countries had stopped executing offenders in 1900, by the beginning of the new century approximately two-thirds no longer impose capital punishment. In some cases, there are exceptions for war-related offences or treason. However, despite the progress it is worth remembering that, while seventy-four states out of the 195 states in the world have abolished the death penalty for ordinary crimes, this represents only 14 per cent of the world's population, leaving 86 per cent of people living in countries where the death penalty is available.

The abolition of the death penalty stands as one of the great, albeit unfinished, triumphs of the post-Second World War human rights movement. The question we now face, at the dawn of the next century, is whether the trend will continue, or rather how to ensure it continues. I make no secret of my own view that the death penalty makes no constructive contribution to reducing the incidence of the crimes for which it is traditionally reserved. In fact, capital punishment merely perpetuates the pain and anger experienced by homicide victims' families and those employed to administer the process.

Type
Chapter
Information
Capital Punishment
Strategies for Abolition
, pp. 1 - 35
Publisher: Cambridge University Press
Print publication year: 2004

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