My thesis critically examines the role that the U.S. Supreme Court's "death is different" jurisprudence has played in the development of life without parole (LWOP) sentencing.

The problem of drugs in Oman has assumed serious proportions in recent years. It leads to creation of an underground economy and is associated with loss of skilled manpower. However, the problem has several dimensions. It has direct and indirect adverse effects. In response to increases in both worldwide drug production and drug demand in Oman, law makers in Oman instituted legal measures designed to protect the health, welfare and finance of people from the effects of drug use. In addition, law makers in Oman have recognized that trade in illicit drugs is a global activity and that drug-related activities are associated with other criminal behaviour; therefore they have tried to honour the spirit of international conventions related to drug control. Thus, the Drug Act No. 17 was passed in March 1999 and came into force on 6th April 1999, to regulate the procedures regarding the trafficking and trade of drugs in Oman. The most striking feature of the new law is a 'death penalty. The death penalty would be applied to those charged with drug trafficking and smuggling, as laid down in article No 43. Therefore, the question is can the death penalty deter criminals from committing trafficking and smuggling in drugs? No research has been done to examine the effect of the new drug law in Oman. This thesis aims to fill that gap and investigate the impact of the new drugs law in Oman. Data collection for the study was carried out using three methods: questionnaire, semi-structured interview and documentary data from police files before and after the introduction of the death penalty for the period from 1st April 1996 to 31st March 2002. The total period covered was 72 months. Statistical reports and other research papers carried out in Oman and other countries were also reviewed. The results of testing a number of hypotheses indicated that since the introduction of the death penalty for drug offences, the numbers of drug arrests and the incidence of violence related to drug offences have increased. In addition, the smuggling of drugs by sea has increased. Moreover, heroin trafficking has increased since the introduction of the death penalty. The study found that there is a lack of knowledge about drugs (the types of drugs, punishment, addictions treatment and belief about drug effects) among both groups of participants, drug offenders and non-drug offenders. Finally, the findings of this study indicate that the introduction of the death penalty in Oman does not deter drug offenders from involvement in drug related offences in general and drug trafficking offences in particular.

New Zealand prisons were a colonial construct established by early colonial administrations to deal with criminal behaviour occurring at the time of European settlement. Like the prison system, prison chaplaincy also had its origins in colonial experiences from the United Kingdom where chaplains were employed to meet the spiritual needs of those in institutions such as schools, hospitals, colleges, the military and legations. This thesis addressed the question of how the partnership between Church and State administrators in New Zealand for the provision of chaplaincy services developed between 1840 and 2006. Four phases were identified in the evolution of prison chaplaincy: phase one 1840-to-1950, characterised by ad hoc arrangements between clergy and local prison management; phase two 1951-to-1989 when Secretary for Justice Samuel Barnett established a formal relationship with the National Council of Churches and the Roman Catholic Church to provide chaplains for penal institutions; phase three identified as ‘prisons in change’ 1990-1999, when the Interim Chaplaincy Advisory Board and Prison Chaplaincy Advisory Board worked in tandem with the Departments of Justice and Corrections to administer the Prison Chaplaincy Service, arising from the recommendations of the Roper and Perry Reports; and phase four 2000-to-2006, a period when the Prison Chaplaincy Service of Aotearoa New Zealand was contracted to the Department of Corrections to employ prison chaplains. The research adopted a multi-faceted approach, consisting of phenomenology, ethno-methodology and hermeneutics to understand attitudes and experiences of key players and institutions in the evolution of Prison Chaplaincy. Data was collected through interviews of key informants, critical evaluation of published and unpublished material in public and private collections. The study identified six key factors that influenced the development of Prison Chaplaincy in New Zealand. These were: the nature of the Church-State interface, the impact of biculturalism, the influence of theological and ecclesiastical trends, and the impact of inter-church politics, the influence of socio economic trends and developments, and changes in Government policy. It also found that while there were tensions, the Church-State partnership had positive benefits for the spiritual outcomes for prisoners.

Revision of the author's Thesis (Ph. D.)--ha-Universiṭah ha-ʻIvrit, Jerusalem, 1997. / Includes bibliographical references (p. [486]-520) and indexes.

by Arnold Barnett. / "March 1984." "July 1984." / Includes bibliographical references.

Capital punishment and consideration about justice has been spread throughout our society for its enitre existence. The death penalty is the only punishment which deals with human life and. with the exception for the legal and criminological aspects, it involves moral and philosophical views, as well. This thesis attempts to examine the ethical attitudes towards capital punishment of the members of the Police of the Czech Republic, as well as that of the city police. The main topic of my thesis is a survey of ethical assessment of the capital punishment. The theoretical part of my thesis deals with the history of capital punishment, various ways in which executions take place, the documents which are connected with the death penalty and human rights. It deals with the ethical and philosophical views, as well as the statement of the Roman Catholic Church. There are many arguments (pros and cons) regarding capital punishment. The practical part of my theis will examine the ethical views of members of the Police of the Czech Republic and city police who are on duty in Třebíč. The method of quantitative analytic research has been applied. The questionnaire survey and its assessment have been used. The chosen respondents are members of the police.

The Criminal Law Amendment Act introduced a scheme where minimum sentences are prescribed for serious offences into the South African Criminal Law. The limitations put on the courts’ sentencing discretion were not received with unanimous approval from all quarters. The Constitutional Court declared the general working of the Act to be constitutional soon after its inception. Specific provisions pertaining to certain offences remained unpopular. The hefty sentence of 15 years imprisonment prescribed for the possession of a semi-automatic firearm is put forward as an example in this regard. High Courts avoid the minimum sentence prescribed for this offence by using different interpretational methods. Despite the sense of animosity towards the unfair contents of this provision, no ruling is made on the constitutionality thereof. An apparent deference towards the legislature could be detected on the part of the judiciary. South African jurisprudence discourages our courts to rule on the constitutionality of a law. It is only done when the defect could not be remedied by any other available means. The reluctance of our courts to make a ruling on the constitutionality of the semi-automatic provision does not promote legal certainty. High Courts attach different interpretations to the “true intention” of the legislature in order to bypass this provision. Logic dictates that inexperienced presiding officers with inferior interpretational skills would continue to hand down the minimum sentence while it remains on the law books. A sentence of fifteen years is also prescribed for robbery with aggravating circumstances. The existing common law on the interpretation of the definition of this offence provides for a wide range of human conduct to be included. Case law could be expected where the courts deviate from the prescribed sentence on a regular basis. This unscientific approach should be discouraged and a rethinking of the boundaries of this offence is suggested. The Act is doing more harm than good to our Criminal Law. The legislature could still provide other visible measures against serious crime without invading the sentencing discretion of the judiciary.

No description available.

"Public opinion finds its way into the justice system and finally to the decision making platform of the courts through various channels. These include public opinion polls, legislative debates, writings of jurists, social pressures, political situations and referendum on legal issues. Regarding the death penalty, the role of public opinion becomes more debatable because as Kakooza explains, there is a difficulty of addressing death penalty issues as values, national aspirations and conditions of social intercourse vary from society to society. The death penalty touches life, which is the most important of all human rights. It, therefore, remains debatable as to whether it is the courts or the people that may decide the legality of criminal sanctions like the death penalty. Protection of judicial independence conflicts with the need for legitimacy, given that courts are occupied by un-elected judges. While sticking to legalistic and official positions, courts must keep in touch with the public since they need the latter's approval for decisions to be respected and implemented. It is also not clear whether, and if so, to what extent, courts may rely upon public opinion in making decisions, thus the importance of assessing the role it sould play and coming out with a way forward. ... Chapter one comprises the background of the study, statement of the problem, significance of the study, aims and objectives of the study, literature review, methodology and limitations of the study. Chapter two is a discussion of the role public opinion ought to play in court decisions in general, and decisions on the legality of the death penatly in particular. Chapter three is an analysis of the actual influence of public opinion on court decisions on the legality of the death penalty. It also has a comparison of court practice in Uganda and South Africa and includes a critique. Chapter four is a presentation of arguments for and against the role of pulic opinion in court decisions. Chapter five contains conclusions from the research findings and recommendations on how public opinion should be treated in court decisions generally, and the legality of the death penalty in particular." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Dr. Raymond A. Atuguba at the Faculty of Law, University of Ghana, Legon / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Text in French with an abstract in English / The loss of a life for natural causes has always been, always is and always will be something tragic for human beings, even if it was foreseen. It is all the more tragic when the loss of human life is caused by violent circumstances such as murder or an accident, as in the case of the untimely death of Albert Camus in a car accident. The worst, however, is when a miscarriage of justice in court, due to an error on the part of the judge, results in the loss of a valuable life by the death penalty. This value must be assessed in existential terms, in terms of the human being contextualized in a life worth living despite its absurdity, as described by Camus. It must be realized that this brutal death is imposed by a few words pronounced by a fallible judge, imposing the death penalty on another fallible human being, and that the sentence is then carried out by another fallible human being – all of whom are fundamentally subject to human imperfection and who regularly make mistakes in life. By emphasizing the fallibility of the human being in various ways in his literary works, Camus convincingly demonstrated that, in our already absurd existence, the death penalty is the ultimate scandal, making this punishment truly exponentially absurd – the absurdity of absurdity. How the author demonstrated that fallibility, the eternal imperfection of human beings, is the main reason why the death penalty exceeds absurdity. Using L'Étranger as a starting point, a novel in which the death penalty is mentioned only at trial, on death row, and in the very last part of the novel, and which is strategically supported by other works by Camus, this essay explores how Camus may have used his characters to subtly illustrate the relationship between the everyday imperfections of human beings and the possible death penalty. The essential principle is that there is a precise operational link between the essence and structure of everyday conflicts and the structure of a trial. Parallels are drawn between conflict and trial, particularly with regard to the fallible human beings participating in both, in various judicial capacities, confirming Camus' conviction that the death penalty is the absurdity of absurdity. / Linguistics and Modern Languages / M.A. (French)