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Nearly every country in the world has a mechanism for executive
clemency, which, though residual in most legal systems, serves as a
vital due process safeguard and as an outlet for leniency in
punishment. While the origins of clemency lie in the historical
prerogative powers of once-absolute rulers, modern clemency laws
and practices have evolved to be enormously varied. This volume
brings comparative and empirical analysis to bear on executive
clemency, building a sociological and political context around
systematically-collected data on clemency laws, grants, and
decision-making. Some jurisdictions have elaborate constitutional
and legal structures for pardoning or commuting a sentence while
virtually never doing so, while others have little formal process
and yet grant clemency frequently. Using examples from Asia,
Europe, Latin America, the Caribbean, and the USA, this comparative
analysis of the law and the practice of clemency sheds light on a
frequently misunderstood executive power. This book builds on
existing academic scholarship and expands the limited geographical
scope of prior research, which has tended to focus on North
America, the UK, and Australia. It relays the latest state of
knowledge on the topic and employs case studies, doctrinal legal
analysis, historical research, and statements by clemency
decision-making authorities, in explaining why clemency varies so
considerably across global legal and political systems. In
addition, it includes contributions encompassing international law,
transitional justice, and innocence and wrongful convictions, as
well as on jurisdictions that are historically under-researched.
The book will be of value to practitioners, academics, and students
interested in the fields of human rights, criminal law, comparative
criminal justice, and international relations.
Nearly every country in the world has a mechanism for executive
clemency, which, though residual in most legal systems, serves as a
vital due process safeguard and as an outlet for leniency in
punishment. While the origins of clemency lie in the historical
prerogative powers of once-absolute rulers, modern clemency laws
and practices have evolved to be enormously varied. This volume
brings comparative and empirical analysis to bear on executive
clemency, building a sociological and political context around
systematically-collected data on clemency laws, grants, and
decision-making. Some jurisdictions have elaborate constitutional
and legal structures for pardoning or commuting a sentence while
virtually never doing so, while others have little formal process
and yet grant clemency frequently. Using examples from Asia,
Europe, Latin America, the Caribbean, and the USA, this comparative
analysis of the law and the practice of clemency sheds light on a
frequently misunderstood executive power. This book builds on
existing academic scholarship and expands the limited geographical
scope of prior research, which has tended to focus on North
America, the UK, and Australia. It relays the latest state of
knowledge on the topic and employs case studies, doctrinal legal
analysis, historical research, and statements by clemency
decision-making authorities, in explaining why clemency varies so
considerably across global legal and political systems. In
addition, it includes contributions encompassing international law,
transitional justice, and innocence and wrongful convictions, as
well as on jurisdictions that are historically under-researched.
The book will be of value to practitioners, academics, and students
interested in the fields of human rights, criminal law, comparative
criminal justice, and international relations.
All five contemporary practitioners of the death penalty in the
Association of Southeast Asian Nations (ASEAN)- Indonesia,
Malaysia, Thailand, Singapore and Vietnam- have performed
executions on a regular basis over the past few decades. NGO
Amnesty International currently classifies each of these nations as
death penalty 'retentionists'. However, notwithstanding a common
willingness to execute, the number of death sentences passed by
courts that are reduced to a term of imprisonment, or where the
prisoner is released from custody altogether, through grants of
clemency by the executive branch of government, varies remarkably
among these neighbouring political allies. Last Chance for Life:
Clemency in Southeast Asian Death Penalty Cases explores the
patterns which explain why some countries in the region award
clemency far more often than others in death penalty cases. Over
the period under analysis from 1991 to 2016, the regional outliers
were Thailand (with more than 95% of condemned prisoners receiving
clemency after exhausting judicial appeals) and Singapore (with
fewer than 1% of condemned prisoners receiving clemency). Malaysia,
Indonesia and Vietnam fall at points in between these two extremes.
What results is the first research monograph, anywhere in the
world, to compare death penalty clemency across national borders
using empirical methodology, the latter a systematic collection of
clemency data in multiple jurisdictions using archival and 'elite'
interview sources. Last Chance for Life is an authoritative
resource for legal practitioners, criminal justice policy makers,
scholars and activists throughout the ASEAN region and around the
retentionist world.
This monograph is the result of four years' work investigating the
archaeology of Forton Lake in Gosport, Hampshire, England. The
project has demonstrated that the remains of abandoned vessels are
a part of our local and national heritage that deserve greater
recognition, alongside wrecks in the marine zone and historic
vessels whether still floating or in dry dock. There is a large
public appetite for maritime heritage, which is witnessed through
the numbers of those volunteering to be involved in practical
fieldwork and of those who visit historic vessels and by the
response to discoveries such as the Newport Ship in 2002. By
highlighting how these vessels are part of the maritime heritage
continuum, their status is increased and public understanding and
appreciation enhanced. Only with broad support will the degrading
remains of a vast array of vernacular craft be appreciated for
their historic legacy and a record of them developed for present
and future generations
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