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This article takes Peter Fitzpatrick's writings on the modern death penalty, published over roughly a decade from the late 1990s, as a point of departure for considering wider themes in his scholarship, and reflecting on its significance and particular qualities. In these texts we see Fitzpatrick, as a legal theorist, engaging with a pressing political issue of, literally, life, death and the law. I take this textual archive and show how it illustrates Fitzpatrick's mode of critique, his form of poststructural legal normativity, and the kinds of resistant and responsiveness-generating legal subjects he encourages us to be. [ABSTRACT FROM AUTHOR]

This review focuses on empirical research about contemporary challenges to the death penalty in the United States. Challenges are factors that obstruct capital punishment, including legal or political restrictions; elimination at the federal or state level; or the hindrance of the process at its operational stages of charging, adjudicating, appeals, clemency, or executions. By the best-known measures, the death penalty has been in decline in the United States since the turn of the century. Lethal injection errors—"botches"—are arguably the most important current challenge to the institution. Wrongful capital conviction has made capital punishment less tolerable to the general public. Mitigation remains an important challenge to the death penalty. This review emphasizes botches, innocence, and mitigation but also touches on disparate impact, failure-to-deliver a social benefit, and cost. Along the way, this review proposes a framework for considering challenges as they occur on two continua of impact, a micro/meso/macro axis and a narrow/wide axis. [ABSTRACT FROM AUTHOR]

AbstractBackgroundMethodsResultsConclusionAs the UN urges states to move from harsh punishments for drug offences towards treatment programmes, Indonesia has adopted a bifurcated penal policy. Most of those convicted are sentenced to imprisonment or death, but some ‘minor’ offenders are diverted to drug treatment centres. We explore the moralities that shape drug policy, justice professionals’ interpretation and application of laws and policies, and judgements about who is deserving of diversion.We draw on experiences and perceptions of 136 Indonesian criminal justice professionals, through in-depth qualitative interviewing and focus groups, to reveal the moral landscapes shaping policy and practice.Justice narratives blur penal concerns with moral judgments about drug offending, with normative responses shaping punishments in law and practice. While there is some compassion for ‘minor’ drug offenders, driving rationales for diversion, drug traffickers are regarded as morally deserving of prison and capital punishment, with traditionalist perceptions of harm amplified by a purgative rationale.This article highlights the analytical potential of moralities such as ‘compassion’ and ‘traditionalism’ in criminal justice research and policy in Southeast Asia. Understanding the formation and navigation of these normative values may assist in challenging harsh penal policy in Indonesia and the wider region. [ABSTRACT FROM AUTHOR]

The death penalty debate intensifies when condemned women are considered, at least in part because of the associations society holds between womanhood and motherhood. Consequently, the concept of motherhood inherently permeates every condemned woman's sentence. Using qualitative document analysis, we examine how pregnancy is accounted for in the death penalty statutes and execution protocols. In half of U.S. states, exceptions exist in the statutes preventing executions of pregnant people, but pregnancy is rarely mentioned in execution protocols. The findings highlight aspects of reproductive injustice. [ABSTRACT FROM AUTHOR]

Malaysia has retained the death penalty for violent crimes and some nonviolent drug offenses. Major news dailies, controlled by political parties in the ruling coalition, have helped justify this stance in the past. This situation changed over 22 months when a new coalition, which campaigned on abolishing capital punishment, took office and sparked renewed public discussion on this issue. Depictions of the death penalty debate were analyzed by conducting a content analysis of two major English-language newspapers, The Star and New Straits Times. Our findings suggest that The Star provided more international coverage and the New Straits Times prioritized domestic coverage. While both outlets provided comprehensive, and sometimes, critical coverage of executions elsewhere, they downplayed the fact that Malaysia engages in the same practice. There was no evidence to indicate that they were pushing an agenda as neither took a formal position on the issue. Content to transmit the differing views on the subject, neither functioned as forums to air nor shaped policy positions. This posture was possibly shaped by preconceived notions of what their readership wants and/or self-censorship—a legacy of past subjugation that will hopefully change when press freedom is perceived as a right, not a privilege. [ABSTRACT FROM AUTHOR]

In the 19th century, one of the reforms carried out by the Ottoman Empire was in the field of criminal law. In 1840, 1851 and 1858, penal codes were drafted one after the other. Simultaneously with these laws, councils and regular courts were established to hear and adjudicate criminal cases. The fact that the murder cases, which are the subject of this study, are related to both personal and public law has brought about the functioning of the sharia and regular courts at the same time in these cases. The dualist structure of Ottoman criminal law came into play at this stage. The fact that these courts would hear the same cases according to their own procedural laws could lead to different outcomes from the two courts. This study analyzes the cases of women guilty of murder in the sharia and regular courts and examines the consequences of this dualistic structure. One of the problems of the study is whether gender creates an advantage or disadvantage in the punishment of women. The conditions under which the sentences of women sentenced to retribution or capital punishment were pardoned or commuted and what this dualistic structure meant for death row inmates are also among the issues discussed in this study. The main sources of the study are the documents obtained from the Ottoman Archives. In this context, it has been tried to analyze the issue by evaluating the legal literature of the period and current academic studies. [ABSTRACT FROM AUTHOR]

This article uncovers, analyzes, and critiques a common yet under-examined trend in the history of Western political thought: punitive humanism, the belief that human beings are "naturally" punitive. Engaging with different iterations of punitive humanist thought in the writings of John Locke, Immanuel Kant, and Jeremy Bentham, I argue that this belief has wide-ranging implications, and constitutes a particular challenge to abolitionist theory and practice. I use the work of Friedrich Nietzsche, particularly his conceptualization of ressentiment , to elaborate a critique of punitive humanism, one which resonates with and provides valuable theoretical material for contemporary abolitionist thought. [ABSTRACT FROM AUTHOR]

For many years, there have been many unsuccessful calls made by the local and international community for Malaysia to abolish the death penalty from its legal system. Efforts have been made to challenge the constitutionality of the death penalty in Malaysian courts on the grounds that it violates the right to life and equality before the law or equal protection of the law as enshrined in the Federal Constitution, but they remain unsuccessful. This article argues that a new narrative must be put forward in the quest to abolish the death penalty in Malaysia. [ABSTRACT FROM AUTHOR]

The use of the death penalty (capital punishment) in Jordan has been a source of heated debate for a long time. This practice, historically used for serious crimes like murder and terrorism, is legal in Jordan and seen as a form of punishment and deterrent. However, concerns exist about fairness, following proper procedures, and potential human rights violations. Supporters believe it's necessary to protect society from dangerous criminals, while opponents argue it violates the right to life and risks mistakes. The international community has also urged Jordan to review its stance and potentially abolish the death penalty altogether. Reforms include a complete review of Jordan's legal system to ensure fair and transparent trials. [ABSTRACT FROM AUTHOR]

In this paper the role of a sociologist/criminologist as a mitigation expert in a case of double murder is examined. The defendant was a young black male defendant. The victims were his 8-month pregnant girlfriend and their unborn child. The defendant was born into terrible social circumstances; including five generations of violence; sexual abuse; incarcerated; and neglect. The circumstances of his tragic life leading up to the murder is presented as mitigation. The author of this paper has worked as a sociologist/ mitigation expert for almost 30 years in over 300 sentencing hearings/penalty phases most of which were capital murder but have also included manslaughter, habitual offenders, Miller cases; and other cases of violent crimes where the sentence is plastic. The utility of sociology in criminal cases in general is discussed. [ABSTRACT FROM AUTHOR]

Through the interrogation of recent analyses of the last words of people executed in the USA, this article critiques the popular abolitionist rhetoric that interprets last words in terms of evidence of sin and redemption. In reading the execution event in this way, the article suggests, these texts inadvertently celebrate and affirm the act of execution. Drawing on Gil Anidjar's Blood (2014), the article suggests that this duality is in consonance with the history of modern Christianity as epitomised in the bonding of two events: the Eucharist and the Inquisition. [ABSTRACT FROM AUTHOR]

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This research aimed to provide efforts to strengthen the law if changes to regulations occur, which must be accompanied by academic and socio-political approaches. In Indonesia, there is a new form of sexual crime whether verbal, non-physical, physical, or online. The prevalence of such incidents reflects a troubling trend that needs urgent attention from both authorities and society. This research was field research, equipped with qualitative data. The data sources included observational research, interviews, and documentation as well as literature studies by reviewing documents relating to criminal sanctions for adultery, especially from the Criminal Code, outside the Criminal Code, and manuscripts of Islamic criminal law. The beneficial theory used was the Al-Būtī version, which emphasized the validity of al-‘uqūbah al-Islāmiyah. The research findings revealed that in the event of changes to criminal law in Indonesia, maslahat considerations are prioritized, particularly in cases of grave sexual crimes, the death penalty should be applied. The government must consider things such as benefits, cultural values, and societal perspectives when making criminal punishment policies. In Indonesia, several backgrounds supported the choice of the death penalty for sexual crimes. The expected benefits are community protection, preventative action, justice for victims, and the elimination of dangerous perpetrators in the future. The legal situation governing sexual crimes in Indonesia is increasingly pitiful, and a change is needed.

The current debate over the death penalty between the retentionist and abolitionist groups is addressed in Decision Number 2-3/PUU-V/2007 of Indonesia, establishing a middle ground. Originally, the death penalty was a primary punishment in the Old Criminal Code but is now reserved as a last resort in the New Criminal Code. Therefore, this research aimed to analyze public perspectives on the death penalty in Indonesia using mixed methods with data collection through questionnaires. The research showed continued contention over the regulation of the death penalty. A large percentage of participants expressed support for maintaining the death punishment, indicating a retentionist viewpoint. Nevertheless, quite a few of the participants supported the abolition. Indonesia should reconsider the regulation of the death penalty for certain offences as Malaysia, even though the punishment in the New Criminal Code was classified as an alternative sanction because the death penalty was an irreversible punishment.

There is a growing position among human rights advocates, academics and UN officials, predicting "the death of the death penalty", and forecasting that it will completely disappear soon. This article questions and problematizes this prediction, exploring the assumptions, premises and gaps that underpin the optimistic outlook. Based on analysis of abolitionist discourse, three fallacies are identified and analyzed: a progressive fallacy, assuming the death penalty is a barbaric anachronism in the "civilized" modern world and displaying a teleological belief in its demise; a classificatory fallacy, entailing defining-down the prevalence of the death penalty through the category of "de-facto abolition"; and a functional fallacy, assuming that repudiating the death penalty as a crime-fighting tool will cause its demise, overlooking its transformation into an institution serving political-symbolic functions. In concluding, I suggest viewing the global death penalty as bifurcated: dying as an ordinary law-enforcement tool, but relatively healthy as an extraordinary political symbol. [ABSTRACT FROM AUTHOR]

Forensic psychiatrists and neuropsychiatrists are likely to encounter individuals with intellectual disability as they are over‐represented in the judicial system. These individuals may have the full range of mental illnesses and comorbid conditions, including physical infirmity, sensory deficits, language impairment, and maladaptive behaviors. They are frequently disadvantaged in the judicial system due to lack of comprehension, lack of accommodations, and stigmatization. Decision making capacity may need to be assessed for health care, sexual autonomy, marriage, financial management, making a will, and need for guardianship. The usual approach to conducting an evaluation needs adaptation to fit the unique characteristics and circumstances of the individual with intellectual disability. The forensic consultant can assist attorneys, defendants, and victims in recommending accommodations and the expert witness can provide education to juries. [ABSTRACT FROM AUTHOR]

One reason people are motivated to hold right-wing authoritarian beliefs is the need to manage uncertainty. Right-wing authoritarianism provides a stable source of black-and-white 'answers' about the social world – obey established authorities and norms and show hostility to deviants. Right-wing authoritarianism, in turn, is positively associated with more punitive attitudes and judgements. The purpose of this study was to examine the relationship between mock capital jurors' need for cognitive closure and sentencing decisions through right-wing authoritarianism. Four-hundred and fifty-one jury-eligible adults read a hypothetical capital case, weighed aggravating and mitigating evidence and chose a sentence. They also responded to items measuring right-wing authoritarianism and the need for cognitive closure. The need for cognitive closure was indirectly related to choosing a death sentence through right-wing authoritarianism and the weighing of aggravators and mitigators. Theoretical and practical implications, as well as directions for future studies, are discussed. [ABSTRACT FROM AUTHOR]

Examined are the cases of the 162 women sentenced to death from 1977 to 2023. White women comprise the majority of death-sentenced women; as such, women of color are hidden in descriptions of female death-sentencing in the U. S. Data were collected on the women and the circumstances of their murders and compared by race and ethnicity. Analyses of the data by time period revealed substantial changes in the victims and circumstances of the murders by the Black women in the more recent years. Findings indicate that the Black and Latina offenders were disadvantaged in several ways. Comparisons with prior research were made, and the roles of critical race theory and feminist theory were discussed. [ABSTRACT FROM AUTHOR]

The central contention about the death penalty is that it defiles universally recognized human rights, particularly the right to life and dignity. The United Nations asks each of its members to observe international law by minimizing, curtailing, and possibly declaring a moratorium on the use of the death penalty to eliminate it. Furthermore, several international instruments have been adopted to eradicate the death penalty, and numerous countries have signed, ratified, and carried out actions under those treaties. This study investigates the policies and practices of Bangladesh, a retentionist country, concerning the death penalty in contemporary eras where the global trend pushes to eliminate, reduce, and suspend the death penalty to abolish it eventually. According to the research findings, Bangladesh has signed and ratified some anti-death penalty international human rights instruments; consequently, it complies with a portion of international rules regarding the use of the death penalty. Finally, the study makes several recommendations for restricting, reducing, and minimizing death penalty provisions while remaining committed to its abolition and considering global trends and international guidelines. [ABSTRACT FROM AUTHOR]

The present study examined the intersection of race and attitudes toward crime and criminal justice policies. Using the Kinder Houston Area Survey, findings revealed some surprising similarities, but also significant differences between the three largest racial categories sampled: Black/African American, Hispanic, and White. Political affiliation, social class, and educational attainment were the primary indicators of support/rejection toward attitudinal beliefs regarding crime and criminal justice policy (i.e., teachers carrying guns, death penalty, assault weapon bans). Political affiliation and education were paramount regarding whether teachers should carry guns on school grounds and implementing mandatory background checks. White and Hispanic republicans favored teachers carrying guns, while educated Blacks and Hispanics rejected this policy. At the same time, educated Blacks and Hispanics favored implementing mandatory background checks. Similarly, support and/or objection to the death penalty and banning assault weapons yielded interesting findings. Black, Hispanic, and White republicans advocated support for the death penalty, while simultaneous rejecting bans on assault weapons. Interestingly, only educated Blacks supported banning assault weapons. Participants' political party affilation influenced their attitudes toward these policies. These and other findings are discussed in relation to the extent to which race, sociodemographic characteristics, political, and residential placement shape beliefs about crime and criminal justice policy in one of Americas most racially and ethnically diverse metropolitan cities. [ABSTRACT FROM AUTHOR]

There were two Indian nationalist assassinations in London in the twentieth century: Sir William Curzon Wyllie by Madan Lal Dhingra in 1909 and Sir Michael O'Dwyer by Udham Singh in 1940. We read these assassinations as social dramas during which shifting meanings of British imperialism were articulated, contested and reinforced. We compare the cases to examine how Dhingra and Singh's insistence on the iniquity of colonial violence contested dominant narratives of the British Empire as benign. Capital trials offered Dhingra and Singh the chance to state their views on a public stage. The final act of these social dramas was the death penalty, a measure intended to restore order, but which also posed the risk of turning them into martyrs. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Homicides with corpse dismemberment are rare, but they usually receive significant attention. Covering up or attempting to kill a person with dismemberment does not carry a heavier penalty under criminal law, but it is extremely shocking to the public. This type of social pressure can also affect the work of the police and law enforcement agencies. This statement is generally valid, regardless of age. The presented extremely serious murder case that happened in Hungary during the Kádár regime is also unique from the point of view of history, criminology, forensic science, and criminal law. The perpetrator was an extremely manipulative woman with a difficult life situation, who actively participated in the killing and dismemberment of two family members and then helped the investigation and the death penalty imposed on her with her own confession. Finally, she was able to apply for a pardon, which in the case of women on death row during this period was judged favourably under certain conditions. What were the chances of a mother of several children who was sentenced to death when there was a precedent that a death sentence was carried out “only” for the crime of attempted murder? How would the first murder have been revealed if the second had not happened? I will present the criminal case of Mihályné Karsai, who first murdered one of her sons with the help of her husband, and several years later she murdered her husband together with her another son. The case is presented using two types of sources, one of which are the case documents that can still be accessed, as well as the forensic studies related to the crime that has been repeatedly cited.

The death penalty is the heaviest punishment of all existing criminal threats. In its development, the death penalty in the world was carried out in various ways, such as crucifixion, drowning, burning alive, electrocution, poisoning, hanging and being shot dead. Regarding the application of the death penalty, there are still pros and cons. This is because the provisions on the death penalty conflict with Article 9 paragraph (1) of Law Number 39 of 1999 concerning Human Rights. The death penalty is regulated in Article 10 of the Criminal Code (KUHP). In this provision, the death penalty is determined as one of the main types of punishment. The polemic that is also of concern is the slow execution of death row inmates in Indonesia. Among the death row inmates who have served 13 years in prison, Mary Jane Fiesta Veloso was sentenced to death by the Sleman District Court for a narcotics crime with Decision number 385/PID.B/2010/PN.SLMN. The aim to be achieved in this research is to find out and analyze the legal certainty of postponing the execution of the death penalty for death row convict Mary Jane Fiesta Veloso. This research uses normative legal research methods which focus on rules or principles in the sense that law is conceptualized as norms or rules that originate from statutory regulations. The research results show that the provisions regarding the death penalty itself are still a form of punishment recognized in the Indonesian legal system. The delays that occurred were closely related to many things such as social and political issues, including considering other things regarding Mary Jane Fiesta Veloso's status as a foreigner. In the event that a delay of 9 years has passed, the death row inmate will still be executed because the court's decision has already been inkracht. [ABSTRACT FROM AUTHOR]

This article has two goals. First, I demonstrate the challenges that "humanization" poses for the defense as an ideal of sentencing mitigation in U.S. capital trials. Capital case procedure largely neutralizes the sympathetic effects of humanization with jurors. In addition, potential mitigation witnesses inhabit affective environs that undermine any inclination to help the defense through sympathetic testimony. Second, I explain how defense advocacy responds to humanization's challenges. Practitioners adopt an investigative mindset that focuses on forging the conditions to cultivate relationships with mitigation witnesses. This intensive affective labor translates back into the realm of procedure through strategic maneuvers intended to avoid trial and the performance of humanization. [ABSTRACT FROM AUTHOR]

Human life is a cyclical pattern, commencing with birth and childhood, progressing through adolescence and young maturity, entering adulthood, and ultimately reaching old age. From these periods, childhood is a crucial time that requires full attention, as children are often incapable of defending and protecting themselves. This lack of self-protectiom is specifically observed against the heinous crimes of sexual violence, where the perpetrators are sentenced to the death penalty or chemical castration as additional punishment. Therefore, this study aims to analyze the application of chemical castration as additional punishment for the perpetrators of a child sexual violence crimes. In this context, a normative juridical method was used to emphasize the patterns by which the application of the rule governing the imposition of castration process is implemented in Decision Number 86/Pid.Sus/2022/PT Bdg. The implementation patterns of restitution and protection for the child victims of sexual violence are also explored. The results showed the following conclusions, firstly, the application of the rule governing the imposition of chemical castration as additional punishment for the perpetrators of the sexual crimes was fair when the defendant was subject to the death penalty. However, castration process was unnecessary due to causing excessive criminal sanctions, as the death penalty was the highest sanction according to Article 67 of the Criminal Code. Secondly, the implementation of restitution and protection for the child victims became a negative precedent and failed to develop a deterrent effect when imposed on the state. In this case, the perpetrators were often comfortable due to being unburdened with compensating the victims through restitution, increasing the level of sexual violence crimes. This situation hindered the achievement of protecting and preventing crimes. From these results, Decision Number 86/Pid.Sus/2022/PT Bdg was appropriate in meeting the sense of justice for the victims and facilitating their recovery. [ABSTRACT FROM AUTHOR]

The neuropsychiatric contribution to capital sentencing proceedings has grown substantially in recent decades as the consideration of neurological and psychiatric factors in criminal behavior has been increasingly accepted as relevant to the quest for justice. This review article will focus on the legal theories underlying neuropsychiatric input into capital sentencing decisions, as well as some of the investigative techniques and resulting data which may be offered by forensic neuropsychiatrists in this context. The death penalty is unique in its severity and irreversibility, as the courts, including the U.S. Supreme Court, have noted repeatedly. "Death is different," and the recognition of this has generated a set of court decisions and statutes pertinent specifically to capital proceedings, both procedural and substantive. [ABSTRACT FROM AUTHOR]

This article compares the concepts of judgment of Hannah Arendt and Jacques Derrida. At first glance, there are a number of striking parallels between the two. Both draw on Immanuel Kant's reflections on judgment but reject his transcendentalist premises and his exclusive focus on aesthetic concerns in order to turn judging into a practice at the intersection of law and justice. Beneath these parallels, however, there are significant differences. This, we argue, is nowhere clearer than in Arendt's and Derrida's contrasting positions on the death penalty. The article is structured as follows. We begin by outlining the main features of Arendt's theory of judgment and then turn to her thoughts on the trial against Adolf Eichmann, which we consider a radicalization of this theory. We show that although Arendt claims that it is our sense of justice that demands that Eichmann be brought to trial, she ultimately does not clarify what a just verdict might be in his case. Instead, she opts for the death penalty as a last resort for dealing with those who have committed crimes against humanity. Next, we discuss Derrida's reflections on judgment. For him, the tension between law and justice is asymmetrical. Law should be understood as arising from the demand of the Other and must always remain responsive to it, despite its attempts at universalization. From this it follows, according to Derrida, that judgments ought to be open to criticism and revision. Since the death penalty does not meet this requirement, it must be rejected. [ABSTRACT FROM AUTHOR]

Copyright of Ethos (0860-8024) is the property of John Paul II Institute, Faculty of Philosophy, John Paul II Catholic University of Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Research on public attitudes to the death penalty has been predominantly understood through single nation-states, especially within the USA. Examinations of international differences in citizens' support for the death penalty have been scarce, particularly among continents with a high volume of retentionist nations (e.g. Asia). In this paper, we draw on a dataset of 135,000 people from across 81 nations to examine differences in death penalty support. We find that residents of retentionist nations are generally more supportive of the death penalty than those from abolitionist nations. But this general difference masks important differences both within and between countries. At the country-level, residents of abolitionist nations with autocratic political systems and those with higher homicide levels were more likely to support the death penalty than residents of other abolitionist nations. At the individual level, greater support for a strong dictatorial-type leader and perceptions of political corruption are associated with increased support for the death penalty, but only in abolitionist nations. By contrast, more frequent religious worship, perceived egalitarianism in a nation, and support for the political performance of government reduced death penalty support in abolitionist nations but increased support in retentionist nations, while belief in individual responsibility and critical views towards ethnic minorities increased support for the death penalty across both abolitionist and retentionist nations. [ABSTRACT FROM AUTHOR]

After its world premiere at Berlinale, Mo Harawe's fourth short film played at over eighty film festivals, won the Grand Prix at the Clermont-Ferrand International Short Film Festival and secured a European Short Film Award nomination. Apart from employing a slow cinematic style in service of a strong narrative that deals with the death penalty in Somalia, Harawe's filmmaking style also illustrates how a filmmaker's confidence in their feelings and instinct can result in the quiet devastation of Will My Parents Come to See Me. [ABSTRACT FROM AUTHOR]

Reports on the discourse on the death penalty for rapists are rife throughout 2022 and appear in various top media in Indonesia. Coverage related to this discourse includes the pros and cons among the public regarding the need for a convicted person in a rape case to receive the death penalty. This then becomes the reason for the researcher to examine the policy of the Indonesian Islamic-oriented media, Republika, about the issue of the death penalty for rapists that appears in 2022 because this media's reports on this case still appear until 2023. This research used Critical Discourse Analysis (CDA) with Norman Fairclough's model for primary data analysis aiming to interpret the representation of news from Republika regarding the issue of the death penalty for rapists in Indonesia. The subjects and objects of this research are news texts, namely straight news related to the government's discourse on carrying out the death penalty against rapists during the period January 1-31, 2023, on the Republika.co.id news portal. The conclusion of this study is the meaning of reporting on the discourse on the death penalty against rapists in Republika media shows that as a media with an Islamic ideology, referring to Islamic Sharia law, Republika interprets that the death penalty is indeed possible for severe crimes against humanity or those that have broad implications for society such as rape, referring to Surah Al Maidah verse 33. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Dutch Linguistics & Literature / Tijdschrift voor Nederlandse Taal & Letterkunde is the property of Amsterdam University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Legal Theory / Jogelméleti Szemle / Zeitschrift für Rechtstheorie is the property of Journal of Legal Theory / Jogelmeleti Szemle / Zeitschrift fur Rechtstheorie and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Indonesia as a sovereign state has inherent ability to determine its own positive law. Departing from that, Indonesia upholds death penalty in its legal system in its Criminal Code and various lex specialis laws. Death penalty has been long an issue of universal concern as it relates to the non-derogable right to life. Meanwhile Indonesia has death penalty in the national laws to maintain its own interest, it is also bound to international commitment in human rights, one of them being ICCPR which has been ratified by Law number 12 of 2005. In ICCPR, state parties are only allowed to apply death penalty for most serious crimes. This article aims to find out what are the measure for most serious crime and if Indonesian law has aligned to the measure. The research employs normative qualitative method, namely research that analyzes meanings, concepts, and characteristics in related products of law and literature by drawing on diverse strategies of inquiry. This research finds out that Indonesia indeed still has some laws not yet aligned with the most serious crime measures despite as a sovereign country, it wields power to make laws (ius poenali) and power to implement its own laws (ius puniendi). [ABSTRACT FROM AUTHOR]

This article explores the death penalty in Barbados. Drawing on the historical context and the punishment’s colonial origins, we seek to make sense of its more recent history, particularly a 2018 landmark legal judgment that has finally forced reform of the sanction in Barbados. The article explores the bifurcated penological history of the death penalty; while laws enacted in London were extended to colonial nations such as Barbados, suggesting a continuation of norms, the tools of criminal justice were wielded for different purposes in the metropole compared with the periphery. We consider the trajectory of this colonial imposition and the retention of repressive punishments after independence, the Caribbean resistance to international abolitionist pressure from the 1990s and the recent reform. The role of the death penalty as a political and symbolic tool is examined, considering especially the colonial legacy of capital punishment in Barbados and the extent to which this factor has shaped contemporary public debates on punishment.