Many aspects of capital punishment have been debated extensively, such as its legality and cruelty. One such aspect is the role a defendant's mental functioning should play in the proceedings. In recent years the Supreme Court has barred the mentally retarded and juveniles from the death penalty due to their cognitive limitations and problems with behavioral control (Slobogin, 2003). This reasoning has prompted many in the fields of mental health and law to advocate for a similar bar for offenders with severe mental illness since their impairments create similar problems in judgment and behavioral control. The Supreme Court cited public consensus as its grounds in banning the mentally retarded and juveniles from sentences of death; however, public consensus on mentally ill capital offenders is not quite as clear. Few attempts have gauged public opinion on sentencing severely mentally ill offenders to death, and the little research that does exist has produced conflicting results. While polls show that Americans oppose the death penalty for the severely mental ill (Gallup, 2008), the literature shows that jurors are more likely to sentence these defendants to death (Charlotte School of Law [CSL], 2006). Second to the issue of barring the severely mentally ill from the death penalty is the issue of what mental health factors would be considered severe enough to qualify for a bar. There has been no previous research to gauge public opinion on these issues. Surveys were constructed to gauge opinion on the issue and were mailed randomly to 1,640 people throughout the United States. A total of 202 surveys were returned completed. Support was found for a bar from the death penalty for the mentally ill. However, the mental health factors that should comprise a bar received varied support and were less clear in determining which should comprise a bar. When given alternatives to a death sentence, participants overwhelmingly chose some type of life sentence. Public opinion appears to be an important aspect in the imposition of capital punishment upon the mentally ill.

This essay is about capital punishment and mutilation in Ancient Egypt’s pharaonic era. The earlier research has mostly focused on the New Kingdom and later periods, in large part because the textual sources are much clearer from then on. There are however some earlier texts that seem to mention death penalty or mutilation, but correct analysis of these is debatable. Some scholars argue that death penalty certainly was used before New Kingdom, while others claim that this is not the case. These things combined contribute to the lack of knowledge of how these penalties were used. The goal of the present study is to elaborate on how and why the penalties were applied and if they were used before the New Kingdom. This is done by means of analyzing and comparing textual sources from different time periods. The material consists of inscriptions from tombs, stelae and juridical documents such as documentation from tomb robberies and the so-called Harem Conspiracy. The most important findings are that there are indicators, but no tangible evidence, for mutilation or capital punishment being used before New Kingdom. The New Kingdom material is indeed clearer and it is apparent that death penalty, in the form of impaling, was used as punishment for tomb robbery, conspiracy and rebellion against the king and theft from temple. Mutilation of the ears and the nose was used against those who abused their power or their confidence.

Resumé The right to life and the capital punishment Death penalty or capital punishment, or extreme penalty, is a punishment that assumes killing (or execution) of condemned person for a criminal offence provided it is possible to impose this sentence in accordance with the criminal law in force. At former times these crimes were called capital or hanging crimes. With regard to its definitiveness (impossibility of any redress after its execution) it is very controversial punishment. Its supporters argue that it is the sole just sentence for homicide and other felonies, that it excludes recurrence and it has significant deterrent (preventive) effects. On the other hand, the opponents allege not only moral arguments concerning the right of each person to life but they also mention the danger of judicial error which is incorrigible in this case. Furthermore, the objectors point out that the death sentence is not so intimidating. In addition, the costs of the execution use to be more expensive than life imprisonment. Since 1970s the capital punishment has been gradually cancelled in the majority of European and South American countries. Some states of the USA and the People's Republic of China are among countries that still make practise of the death penalty. I deal with the capital sentence in the first part...

This study is an investigation of whether familial relationships among offenders and their victims affect capital sentencing. Using a sample of capital cases from North Carolina restricted to familial homicides, logistic regression models are used while controlling for legal and extra-legal factors that influence decision outcomes. Such models of capital sentencing are developed to (1) determine whether familial-victim cases have unique correlates; and (2) whether there are variations in the effects of these correlates across gender. Contradictory to these hypotheses, results suggest that acquaintance and stranger relationships are less likely to receive a capital outcome when compared to familial relationships. Therefore, in North Carolina it appears that familial relationships receive capital outcomes more frequently than other types of victim-offender relationships.

Magister Legum - LLM

Although s 9 of the new Constitution 1 guarantees the right to life, there is no express provision which abolishes the death sentence. Whereas in the past the death sentence could only be avoided by the exercise of judicial discretion or political and public pressure, its imposition will now have to be entirely re-evaluated. Not only are all the laws of the country subject to the new Constitution, 2 but so too a Constitutional Court will be operational which will have the power to test the constitutionality of any such laws. By looking at the standards and relevant issues which are considered to define the constitutionality of the death sentence internationally, reviewing current application of the death sentence in South Africa, drawing comparisons, and by studying the problems unique to the South African situation, it will be the aim of this dissertation to determine how the death sentence will fare under a Constitutional Court. / Criminal & Procedural Law / LL. M.

Archives can tell us many things about the past. The purpose of this guide is to facilitate the work of those who want to know more about the documents associated with death sentences. The guide gives a brief introduction to the history of the death penalty in Swedish legal history, to the legal process and to the judicial authorities. It also adresses the relationship between the various bodies and the relationship between law and jurisprudence. The guide presents primarily the archives of Nedre justitierevisionen and of Svea hovrätt. The guide presents what kind of information can be found and provides guidance as to how these documents are sought. Through a case study, we learn that records can give answers to many questions regarding a person sentenced to death.

Η Μοιχαλίς ή Μοιχεύτρια αποτελεί ένα από τα δεκαέξι παπυρικά αποσπάσματα ανώνυμων λαϊκών Μίμων που σώζονται από την ύστερη αρχαιότητα. Η σύνθεσή της χρονολογείται στον 2ο αι. μ.Χ. και θεωρείται σύγχρονη με την γραφή του παπύρου (P. Oxy. 413verso). Πρόκειται για κείμενο πεζό, γραμμένο στην ελληνιστική κοινή. Σκοπός της εργασίας είναι να αναδείξει τις λογοτεχνικές αξιώσεις που εγείρει ο υπό πραγμάτευση Μίμος είτε μέσω της ανάδειξης των γλωσσικών και δομικών αρετών του είτε μέσω της επισήμανσης των σχέσεων του, θεματολογικών κυρίως αλλά και γλωσσικών, με λογοτεχνικά κείμενα, ιδίως δε με την Ζηλότυπο του Ηρώδα. Περιέχεται εισαγωγή, κείμενο με κριτικό υπόμνημα, μετάφραση και ερμηνευτικό υπόμνημα. / Moicheutria (Adulteress) or Giftmischermimus is one of the sixteen papyrus fragments of anonymous ‘non-literary’ Mimes dating from late antiquity. Composition of Moicheutria is held to be contemporary with the manuscript (P. Oxy. 413verso) dating from second century A.D. The piece is written in prose and in hellenistic κοινή. In this work emphasis is laid on the literary claims of Moicheutria by pointing out either its lingual and structural merits or the analogies, thematic as well as lingual, it bears with literary texts, especially with the Fifth Mimiamb of Herodas (The Jealous Woman). Contents: Introduction, text with critical apparatus, translation in Greek and commentary.

Although s 9 of the new Constitution 1 guarantees the right to life, there is no express provision which abolishes the death sentence. Whereas in the past the death sentence could only be avoided by the exercise of judicial discretion or political and public pressure, its imposition will now have to be entirely re-evaluated. Not only are all the laws of the country subject to the new Constitution, 2 but so too a Constitutional Court will be operational which will have the power to test the constitutionality of any such laws. By looking at the standards and relevant issues which are considered to define the constitutionality of the death sentence internationally, reviewing current application of the death sentence in South Africa, drawing comparisons, and by studying the problems unique to the South African situation, it will be the aim of this dissertation to determine how the death sentence will fare under a Constitutional Court. / Criminal and Procedural Law / LL. M.

Text in Afrikaans / Executions were discontinued during November 1989. In February 1990 the State President announced a moratorium on executions. Since 27 July 1990 the Criminal Law Amendment Act, 1990 effected important changes to the substantive law and procedure regarding the death sentence. The "new" death sentence dispensation was applied by the courts and the moratorium would be lifted as soon as the new dispensation became effective. That never materialised. The death sentence issue was dealt with in a game of political compromise. Criminal law and the esteem of the Government suffered as a result. Judicial frustration and uncertainty developed regarding application of the death sentence. The opportunity was seized by the abolitionists to attain their ideal. The Constitutional Court declared the death sentence unconstitutional. Presently a final Constitution is being drafted which will probably finally do away with the death sentence. An effective process of denigration of the death sentence thus resulted from the moratorium on executions. / Teregstellings is gedurende November 1989 gestaak. Op 2 Februarie 1990 het die Staatspresident 'n moratorium op teregstellings afgekondig. Vanaf 27 Julie 1990 het die Strafregwysigingswet, 1990, belangrike verstellings aan die materiele en prosessuele reg met betrekking tot die doodvonnis gemaak. Die "nuwe" doodvonnisbedeling is deur die howe toegepas. Die moratorium sou opgehef word sodra die "nuwe bedeling" op dreef was. Dit het nie gebeur nie. 'n Spel van kornprornie-politiek random die doodvonniskwessie het horn afgespeel. Die strafregpleging en die Regering se aansien het daaronder gely. Regterlike frustrasie het posgevat en regsonsekerheid oar die toepassing van die doodvonnis het ontstaan. Die geleentheid is deur die afskaffers aangegryp om hul ideaal te verwesenlik. Die Konstitusionele Hof het die doodvonnis ongrondwetlik verklaar. Tans word 'n finale Grondwet geskryf wat waarskynlik die doodvonnis gaan afskaf. 'n Effektiewe proses van aftakeling van die doodvonnis het dus sedert die moratorium op teregstellings plaasgevind. / Criminal & Procedural Law / LL. M.