Crime and punishment in Rwanda

In 1994 Rwanda was devastated by genocide that killed hundreds of thousands of people and destroyed the country’s infrastructure. The credibility of the criminal justice system was questioned following the genocide because it had failed to stop the slaughter and may have contributed to it. In order to address these concerns, Rwanda rebuilt its criminal justice system in light of its history and troubled past. The success of the reestablishment may be debated but there can be no question that Rwanda had a tabula rasa with which to form an effective criminal justice system. Examining the law details the ideals of the criminal justice system as established post-genocide. These ideals exemplify the democratic process. Examining current events allows for a practical assessment of the success of the new system. In both theory and practice the country’s criminal justice system has changed drastically since 1994.     

Crime and punishment: an expressive voting view

Incarceration rates in many countries (the US and Australia among them) have risen spectacularly over the last twenty years and are only partially explicable by increases in crime rates. Moreover, in some countries where crime rates have shown a comparable time-path, incarceration rates have not shown the same spectacular increase. The aim of this paper is to explore the politics of punishment. The claim is that the US and Australian experiences are best understood in terms of political considerations; and that this fact lends some support to the “expressive” as distinct from the “interest” approach to electoral behaviour.

Crime,time, youth and punishment

This paper examines current developments in the social control of youth crime and delinquency in England and Wales. It argues that the usual critical explanations of these developments, in the form of the dispersal of discipline or the social authoritarianism thesis are inadequate. Instead, it is suggested that the punishment has taken on a more effective and efficient format in the management of this problem group than either of the above would have made possible.     

Crime and punishment in times of pandemics

European Journal of Law and Economics - How should we think about crime deterrence in times of pandemics? The economic analysis of crime tells us that potential offenders will compare the costs and...     

Medical aspects of capital punishment executions

Between 1976 and the middle of 2001, approximately 718 human executions occurred in the U.S. (a small segment of worldwide executions). Data regarding the medical aspects of these executions are not readily available. We searched all public domain data in the U.S. to obtain specific data for all persons executed in the U.S. since 1976. Of the five methods of execution used (lethal injection, lethal gas, electrocution, hanging, and firing squad), significant differences emerged as measured by rate of complications, duration of time spent by the condemned in the "death chamber," as well as duration of time from the onset of execution procedures to pronouncement of death. These data suggest that human executions are difficult to carry out. Human executions are associated with significant physical complications. These data may help inform future discussions on human executions.     

The states and capital punishment: Executions from 1977–1984

The execution of Gary Gilmore in 1977 ended a ten-year de facto moratorium on executions in the states. Between 1977 and 1984 only 32 individuals were executed in 11 states, yet there were more than 1,000 inmates on death rows in 33 of the 38 states which provide for capital punishment. Because of the background characteristics of these 32 people and the crimes of which they were convicted, their executions have not served to renew anti-death penalty sentiment. Although the debate over the efficacy of its use continues, these executions have not validated any of the major arguments made by either pro or anti-death penalty forces.     

Victim-offender race and support for capital punishment: A factorial design approach

Existing research suggests that juries are more likely to condemn murderers to death when offenders are black victims are white. It remains to be seen, however, whether these decisions reflect broader racial prejudices in society that are imported into the jury room. If they do, then insuring equity in capital sentencing may be beyond reach. Accordingly, this study uses factorial design methodology to examine whether members of the general public are more supportive of capital punishment when asked to rate a vignette describing a murder involving a white victim and black offender as opposed to other victim-offender racial combinations. Our analyses suggest that the race of the offender, but not the victim, has a significant influence on support for capital punishment. Thus, procedural safeguards alone may be unable to eliminate racial bias in capital sentencing.     

试论影响死刑适用的几个因素

死刑是一种最严厉的刑罚方法.如果说理论工作者还只是抽象地谈论死刑的严厉性的话,那么法官在具体适用死刑时不仅要直接面对即将被剥夺生命的被告人,而且还要面对由于死刑判决的不可逆转而带来的心理压力.然而从司法实践来看,死刑的裁量仍存在诸多难以令人满意的地方.其突出表现一是在司法实践中死刑的裁量存在过多、过滥的问题;二是死刑的裁量存在案件不平衡、时间不平衡、地区不平衡的问题.造成死刑裁量过多过滥及量刑不平衡的因素是多方面的,笔者拟选择其中三个主要的因素加以分析,并就教于学者同仁.     

Over-simplification and error in public opinion surveys on capital punishment

Public opinion polls have shown a marked increase in support for capital punishment. Results of a recent poll, which resulted from collaboration between the author and Associated Press, further clarify published findings of public opinion polls and challenge the common wisdom that support for the death penalty is increasing. It was found that only 12 percent of those polled opposed the death penalty in all cases, that 57 percent advocated its use under some circumstances and that 27 percent supported the death penalty for all murder cases. These findings differ little from those reported by Louis Harris in 1973 (Bedau 1982).     

The age of death: Appraising public opinion of juvenile capital punishment

Despite its original purpose to protect and rehabilitate wayward children, the juvenile system has grown more punitive and has embraced the use of harsher punishments, including execution, for juvenile offenders. Relatively little is known, however, about public attitudes toward the use of capital punishment for juveniles. This research explored the determinants of death penalty opinion, identified the minimum age at which respondents were willing to allow a juvenile to be put to death and examined the willingness of respondents to support an alternative sentence of life without the possibility of parole (LWOP). The results suggested that, while one-quarter of the sample was willing to execute juveniles who were fifteen and under at the time of the crime, there was less support for the execution of juveniles than of adults. In addition, of those who supported the use of the death penalty for juveniles, almost one-half would support LWOP as an alternative to the death penalty.     

Putting kids to death: Specifying public support for juvenile capital punishment

Using a statewide sample of 539 Tennessee residents, we explored the extent to which the public supports the death penalty for juveniles. The analysis revealed that a majority of respondents favored juvenile capital punishment, often for young offenders. The respondents, however, were less supportive of juvenile than of adult execution. Most important, as an alternative to juvenile capital punishment, nearly two-thirds of the sample favored life in prison without the possibility of parole (LWOP); four-fifths favored a life sentence with work and restitution requirements (LWOP+W/R). Notably, even among those who endorsed capital punishment for juveniles, a clear majority supported LWOP+W/R. Taken together, these findings reveal that although the public is willing to execute juveniles who commit first-degree murder, they prefer alternative sentencing options that avoid putting youths to death.     

The gender gap in capital punishment attitudes: An analysis of support and opposition

This study examines the gender gap in attitudes toward the death penalty, including attention to global versus specific measures. The study is based on a survey in Tennessee of attitudes toward crime and criminal justice. Specifically, the study examines male and female global attitudes, attitudes toward a life without parole option, reasons that supporters and opponents give for their views, and how specific factors might change the level of support for or opposition to capital punishment. Although majorities of both genders favor capital punishment, important differences exist. Implications are discussed. An earlier version of this study was presented at the 1999 Annual Meeting of the Southern Criminal Justice Association in Chattanooga, Tennessee. Dr. John Paul Wright was instrumental in conducting the Tennessee Crime Survey, the source of the data used in this study.