DP - Post WW2

Following based partly on Capital Punishment & the American Agenda (1986)

by F. Zimring & G. Hawkins

DP usually viewed from a legal perspective.

Z-H view DP from a political & historical perspective - more sociological

DP - Post WW2

Over the last century and a half, slow worldwide decline of the DP with industrialization/democracy/modernization

(Even in the US - Abolitionist movement, several states abolished DP in 1800s, more in early 1900s)

DP - Post WW2

Decline accelerated after WII

led by industrial countries of Western Europe  (now the European Union)

(after "war criminals" executed)

DP - Post WW2

Another acceleration since mid-1970's

- more than 60 countries worldwide have abolished DP. All over the world!!

DP - Post WW2

(Kind of a human rights revolution – often follows end of authoritarian govts)

** discuss this **

DP - Post WW2

Developing International Law 

--  "universal human rights" and the political (constitutional) right to life.

DP - Post WW2

Characteristics of worldwide decline

(illustrates the political nature of the DP)

(dp has never been about crime)

DP - Post WW2

• On again, off again abolition

(mostly in earlier days of abolition)

- leadership vs. public opinion

DP - Post WW2

• Parallel between respect for human rights and abolition 

--  separating crime policy from politics

(major issue across the whole legal system in the US – single biggest problem?)

DP - Post WW2

• Retentionist nations also the most repressive in other ways

- undemocratic  - torture, secret police, etc.

Except US?? (racism) (“war on terror”?)

DP - Post WW2

Process of decline also illustrates political nature of DP

Similar process almost everywhere!

DP - Post WW2

Executions stop first 

-  political leaders act 

-  "leadership from the front"

-  "opinion" vs. "perspective"

DP - Post WW2

Encoded in law later 

--  formal abolition embedded in constitutional principles.

Not reversible!!

DP - Post WW2

Public opinion follows later 

--  but comes & goes with significant events (e.g., heinous crimes).

DP - Post WW2

Leaders set high consistent standards for human rights - instead of following the vagaries of public opinion swayed by emotional issues of the moment. 

Culmination of process is increasing codification in international law as a human right – e.g., European Union.

Political background (human rights often two steps forward, one step back)

DP - Post WW2

Post WW2 United States  

abolitionist movement very old  --  Revolutionary War era in US and off and on since.

DP - Post WW2

Clear “Modernization” trend in US:

- move from local to state jurisdictions  - increasing intolerance for lynching- privacy of executions  - end of public executions as entertainment

DP - Post WW2

   - making executions more "humane"  --  hanging to gas to electric chair to lethal injection

– rhetoric vs. reality.  

- increasing need to "defend" capital punishment -- no longer taken for granted.

DP - Post WW2

Post WWII US -- national/state political leaders (but not in the south) already struggling with the issue as illustrated by cases --

Caryl Chessman, the Rosenbergs, Sam Shepard Also perennial issue of discrimination -- poor and race/ethnic minorities.

DP - Post WW2

Political process similar to Europe 

--  Leadership vs. Public Opinion

** Meltsner examples **

(Cruel and Unusual by Michael Meltsner)

DP - Post WW2

The Civil Rights Movement emerged in the 1950's and targeted southern racist DP (one of many targets).

Paralleled earlier anti-lynching movement – from bad publicity to political attack to legal attack (thru Federal appeals process).

DP - Post WW2

Then a brilliant idea - the Moratorium Campaign.

Stop executions, then they would be hard to restart.

DP - Post WW2

Federal Courts were the primary weapon against southern racism in many areas

(DP blatantly & massively racist)

but Federal Courts wouldn't touch these cases (political hot potato!).

Demos & Repubs (why?)

DP - Post WW2

The Moratorium Campaign sought to stop executions by flooding the Federal Appeals Courts with so many of these ugly cases that the Courts couldn't avoid the issue any longer.

DP - Post WW2

This fairly quickly brought executions to a halt across the country and the ultimate result was

Furman.v.Georgia (1972) ruling the DP unconstitutional