Description: 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.
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EAN: 9781472423252
UPC: 9781472423252
ISBN: 9781472423252
MPN: N/A
Book Title: The Global Decline of the Mandatory Death Penalty:
Item Length: 23.4 cm
Number of Pages: 200 Pages
Language: English
Publication Name: The Global Decline of the Mandatory Death Penalty: Constitutional Jurisprudence and Legislative Reform in Africa, Asia, and the Caribbean
Publisher: Taylor & Francis Ltd
Publication Year: 2014
Subject: Law
Item Height: 234 mm
Item Weight: 499 g
Type: Textbook
Author: Andrew Novak
Subject Area: Criminal Law
Item Width: 156 mm
Format: Hardcover
