Capital punishment in Australia
Capital punishment in Australia was a form of punishment in Australia, abolished in all jurisdictions. Queensland abolished the death penalty in 1922. Tasmania did the same in 1968, the federal government abolished the death penalty in 1973, with application in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, Western Australia in 1984. New South Wales abolished the death penalty for murder in 1955, for all crimes in 1985. In 2010, the federal government passed legislation prohibiting the re-establishment of capital punishment by any state or territory; the Commonwealth will not extradite or deport a prisoner to another jurisdiction if they might face the death penalty. The last execution in Australia took place in 1967. Between Ryan's execution in 1967 and 1984, several more people were sentenced to death, but had their sentences commuted to life imprisonment; the last death sentence was given in August 1984, when Brenda Hodge was sentenced to death in Western Australia.
Death sentences were carried out under Aboriginal customary law, either directly or through sorcery. In some cases the condemned could be denied mortuary rites; the first executions carried out under European law in Australia took place in Western Australia in 1629, when Dutch authorities hanged the mutineers of the Batavia. Capital punishment had been part of the legal system of Australia since British settlement. During the 19th century, crimes that could carry a death sentence included burglary, sheep stealing, sexual assaults and manslaughter, there is one reported case of someone being executed for "being illegally at large". During the 19th century, these crimes saw about 80 people hanged each year throughout Australia. Before and after federation, each state punishments. For a full list see: In 1973 the Death Penalty Abolition Act 1973 of the Commonwealth abolished the death penalty for federal offences, it provided in Section 3 that the Act applied to any offence against a law of the Commonwealth, the Territories or under an Imperial Act, in s. 4 that " person is not liable to the punishment of death for any offence".
No executions were carried out under the bridge of the federal government, the passage of the Death Penalty Abolition Act 1973 saw the death penalty replaced with life imprisonment as their maximum punishment. Since the Commonwealth effects of utilising this Act, no more individuals have been exposed to the death penalty. On 11 March 2010, Federal Parliament passed laws that prevent the death penalty from being reintroduced by any state or territory in Australia; the Commonwealth will not extradite or deport a prisoner to another jurisdiction if they might face the death penalty. A recent case involving this was the case of American Gabe Watson, convicted of the manslaughter of his wife in North Queensland, faced capital murder charges in his home state of Alabama, his deportation was delayed until the government received assurances that he would not be executed if found guilty. The last execution in New South Wales was carried out on 24 August 1939, when John Trevor Kelly was hanged at Sydney's Long Bay Correctional Centre for the murder of Marjorie Constance Sommarlad.
New South Wales abolished the death penalty for murder in 1955, but retained it as a potential penalty for treason and arson in naval dockyards until 1985. New South Wales was the last Australian state to formally abolish the death penalty for all crimes. Victoria’s first executions occurred in 1842 when two Aboriginal men and Maulboyheenner, were hanged outside the site of the Melbourne Gaol for the killing of two whalers in the Westernport district. Ronald Ryan was the last man executed in Australia, he was hanged on 3 February 1967 after being convicted of shooting dead a prison officer during an escape from Pentridge Prison, Victoria in 1965. Victoria was the state of the last woman executed in Australia: Jean Lee was hanged in 1951, she was accused of being an accomplice in the murder of 73-year-old William Kent. She, along with her accomplices, were executed on 19 February 1951. Victoria would not carry out another execution until that of Ronald Ryan. Not all those executed were murderers: for instance, Albert McNamara was hanged for arson causing death in 1902, David Bennett was hanged in 1932 after being convicted of raping a four-year-old girl.
Bennett was the last man to be hanged in Australia for an offence other than murder. This number includes triple murderer Edward Leonski, executed by the U. S. Army in 1942; the beam used to execute condemned prisoners was removed from Old Melbourne Gaol and installed in D Division at Pentridge Prison by the condemned child rapist David Bennett, a carpenter by trade. It was used for all 10 Pentridge hangings. After Victoria abolished capital punishment in 1975, the beam was removed and put into storage, was reinstalled at the Old Melbourne Gaol in August 2000. A total of 94 people were hanged in the Moreton Bay/Queensland region from 1830 until 1913; the last person hanged was Ernest Austin on 22 September 1913 for the rape and murder of 11-year-old Ivy Mitchell. The only woman to be hanged was Ellen Thompson on 13 June 1887. In 1922, Queensland became the first part of the British Commonwealth to abolish the death penalty. In Western Australia, the first legal executions were under Dutch VOC law on 2 October 1629 on Long Island, Houtman Abrolhos, when Jeronimus Corneliszoon and six others were
Capital punishment in Canada
Capital punishment in Canada dates back to Canada's earliest history, including its period as a French colony and, after 1763, its time as a British colony. From 1867 to the elimination of the death penalty for murder on July 14, 1976, 1,481 people had been sentenced to death, 710 had been executed. Of those executed, 697 were men and 13 were women; the only method used in Canada for capital punishment of civilians after the end of the French regime was hanging. The last execution in Canada was the double hanging of Arthur Lucas and Ronald Turpin on December 11, 1962, at Toronto's Don Jail; the death penalty was de facto abolished in Canada in 1963, Bill C-84 was enacted in 1976 resulting in the de jure abolition of the death penalty, except for certain military offences committed by members of the Canadian Armed Forces which are prosecuted under the National Defence Act. In 1998, Canada eliminated the death penalty for these military offences as well. In 1749, Peter Cartcel, a sailor aboard a ship in the Halifax harbour, stabbed Abraham Goodsides to death and wounded two other men.
He was brought before a Captain's Court where he was sentenced to death. Two days he was hanged from the yardarm of the vessel as a deterrent to others; this is one of the earliest records of capital punishment in English-speaking Canada. It is difficult to state numbers of capital punishment since there were no systematic efforts to record names and locations of executions until after 1867, many records have been lost because of fires, floods, or decay. After Confederation, a revision of the statutes reduced the number of offences punishable by death to three: murder and treason. In 1868, Parliament stated that the location of the execution was to be within the confines of the prison instead of public hangings. By the 1870s, the jails had begun to build the gallows 5 feet from the ground with a pit underneath instead of the previous high scaffold, the platform of, level with the prison wall. Robert Bickerdike was a businessman and social reformer, who believed the abolition of capital punishment was an imperative and to some extent his life’s mission.
Few spoke as eloquently as he did for this reform. As a Member of Parliament, in 1914 and again in 1916 he introduced a bill to replace the death penalty with a life sentence, he opposed capital punishment on many grounds, considering it an insult to Christianity and religion in general and a blot on any civilized nation. "There is nothing", he stated in the house, "more degrading to society at large... than the death penalty." He spoke of class disparities, pointing out that the punishment was administered to the poor far more than to the wealthy. He refuted the notion that state-sponsored killing acted as a deterrent to murder and cautioned against the possibility of mistake. In 1950, an attempt was made to abolish capital punishment. Ross Thatcher, at that time a Cooperative Commonwealth Federation Member of Parliament, moved Bill No. 2 in order to amend the Criminal Code to abolish the death penalty. Thatcher withdrew it for fear of Bill No. 2 not generating positive discussion and further harming the chances of abolition.
In 1956, the Joint Committee of the House and Senate recommended the retention of capital punishment as the mandatory punishment for murder, which opened the door to the possibility of abolition. In 1961, legislation was introduced to reclassify murder into capital or non-capital offences. A capital murder involved a planned or deliberate murder, murder during violent crimes, or the murder of a police officer or prison guard. Only capital murder carried the death sentence. Following the success of Lester Pearson and the Liberal Party in the 1963 federal election, through the successive governments of Pierre Trudeau, the federal cabinet commuted all death sentences as a matter of policy. Hence, the de facto abolition of the death penalty in Canada occurred in 1963. On November 30, 1967, Bill C-168 was passed creating a five-year moratorium on the use of the death penalty, except for murders of police and corrections officers. On January 26, 1973, after the expiration of the five-year experiment, the Solicitor General of Canada continued the partial ban on capital punishment, which would lead to the abolition of capital punishment.
On July 14, 1976, Bill C-84 was passed by a narrow margin of 130:124 in a free vote, resulting in the de jure abolition of the death penalty, except for certain offences under the National Defence Act. These were removed in 1998. On June 30, 1987, a bill to restore the death penalty was defeated by the House of Commons in a 148–127 vote, in which Prime Minister Brian Mulroney, Minister of Justice Ray Hnatyshyn, Minister of External Affairs Joe Clark opposed the bill, whereas Deputy Prime Minister Donald Mazankowski and a majority of Progressive Conservative MPs supported it. First-degree murder, which before abolition was the offence of capital murder, now carries a mandatory life sentence without eligibility for parole until the person has served 25 years of the sentence; the last two people executed in Canada were Ronald Turpin, 29, Arthur Lucas, 54, convicted for separate murders, at 12:02 am on December 11, 1962, at the Don Jail in Toronto. The last woman to be hanged in Canada was Marguerite Pitre on January 9, 1953, for her part in the Albert Guay affair.
The last person sentenced to death was Mario Gauthier on May 14, 1976, for the murder of a prison guard in Quebec. He was reprieved. During the First World War, 25 Canadian soldiers were executed. Most were shot for service offences such as desertion and
European Convention on Human Rights
The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity; the Convention established the European Court of Human Rights. Any person who feels his or her rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them; the Committee of Ministers of the Council of Europe monitors the execution of judgements to ensure payment of the amounts awarded by the Court to the applicants in compensation for the damage they have sustained. The compensations imposed under ECHR can be large; the Convention has several protocols. The European Convention on Human Rights has played an important role in the development and awareness of Human Rights in Europe.
The development of a regional system of human rights protection operating across Europe can be seen as a direct response to twin concerns. First, in the aftermath of the Second World War, the convention, drawing on the inspiration of the Universal Declaration of Human Rights can be seen as part of a wider response of the Allied Powers in delivering a human rights agenda through which it was believed that the most serious human rights violations which had occurred during the Second World War could be avoided in the future. Second, the Convention was a response to the growth of Communism in Central and Eastern Europe and designed to protect the member states of the Council of Europe from communist subversion. This, in part, explains the constant references to values and principles that are "necessary in a democratic society" throughout the Convention, despite the fact that such principles are not in any way defined within the convention itself. From 7 to 10 May 1948 with the attendance of politicians, civil society representatives, business leaders, trade unionist and religious leader was organised gathering-The "Congress of Europe" in Hague.
At the end of Congress the declaration and following pledge was issued which demonstrated the initial seeds of modern European institutes, including ECHR. The second and third Articles of Pledge stated: We desire a Charter of Human Rights guaranteeing liberty of thought and expression as well as right to form a political opposition. We desire a Court of Justice with adequate sanctions for the implementation of this Charter; the Convention was drafted by the Council of Europe after the Second World War in response to a call issued by Europeans from all walks of life who had gathered at the Hague Congress. Over 100 parliamentarians from the twelve member states of the Council of Europe gathered in Strasbourg in the summer of 1949 for the first meeting of the Council's Consultative Assembly to draft a "charter of human rights" and to establish a court to enforce it. British MP and lawyer Sir David Maxwell-Fyfe, the Chair of the Assembly's Committee on Legal and Administrative Questions, was one of its leading members and guided the drafting of the Convention.
As a prosecutor at the Nuremberg Trials, he had seen first-hand how international justice could be applied. With his help, the French former minister and Resistance fighter Pierre-Henri Teitgen submitted a report to the Assembly proposing a list of rights to be protected, selecting a number from the Universal Declaration of Human Rights just agreed to in New York, defining how the enforcing judicial mechanism might operate. After extensive debates, the Assembly sent its final proposal to the Council's Committee of Ministers, which convened a group of experts to draft the Convention itself; the Convention was designed to incorporate a traditional civil liberties approach to securing "effective political democracy", from the strongest traditions in the United Kingdom and other member states of the fledgling Council of Europe, as said by Guido Raimondi, President of European Court of Human Rights: The European system of protection of human rights with its Court would be inconceivable untied from democracy.
In fact we have a bond, not only regional or geographic: a State cannot be party to the European Convention on Human Rights if it is not a member of the Council of Europe. So a non-democratic State could not participate in the ECHR system: the protection of democracy goes hand in hand with the protection of rights; the Convention was opened for signature on 4 November 1950 in Rome. It was ratified and entered into force on 3 September 1953, it is overseen and enforced by the European Court of Human Rights in Strasbourg, the Council of Europe. Until procedural reforms in the late 1990s, the Convention was overseen by a European Commission on Human Rights; the Convention is drafted in broad terms, in a similar manner to the English Bill of Rights, the U. S. Bill of Rights, the French Declaration of the Rights of Man or the first part of the German Basic law. Statements of principle are, from a legal point of view, not determinative and require extensive interpretation by courts to bring out meaning in particular factual situations.
As amended by Protocol 11, the Convention consists
Capital punishment in the United States
Capital punishment is a legal penalty in the United States used by 30 states, the federal government, the military. Its existence can be traced to the beginning of the American colonies; the United States is the only developed Western nation. It is one of 54 countries worldwide applying it, was the first to develop lethal injection as a method of execution, which has since been adopted by five other countries; the Philippines has since abolished executions, Guatemala has done so for civil offenses, leaving the United States one of 4 countries to use this method, along with China and Vietnam. There were no executions in the United States between 1967 and 1977. In 1972, the U. S. Supreme Court struck down capital punishment statutes in Furman v. Georgia, reducing all death sentences pending at the time to life imprisonment. Subsequently, a majority of states passed new death penalty statutes, the court affirmed the legality of capital punishment in the 1976 case Gregg v. Georgia. Since more than 7,800 defendants have been sentenced to death.
A total of 161 who were sentenced to death in the modern era were exonerated before their execution. As of April 1, 2018, 2,743 are still on death row; the first recorded death sentence in the British North American colonies was carried out in 1608 on Captain George Kendall, executed by firing squad at the Jamestown colony for spying for the Spanish government. The Bill of Rights adopted in 1789 included the Eighth Amendment which prohibited cruel and unusual punishment; the Fifth Amendment was drafted with language implying a possible use of the death penalty, requiring a grand jury indictment for "capital crime" and a due process of law for deprivation of "life" by the government. The Fourteenth Amendment adopted in 1868 requires a due process of law for deprivation of life by any states; the Espy file, compiled by M. Watt Espy and John Ortiz Smykla, lists 15,269 people executed in the United States and its predecessor colonies between 1608 and 1991. From 1930 to 2002, there were 4,661 executions in the U.
S. about two-thirds of them in the first 20 years. Additionally, the United States Army executed 135 soldiers between 1916 and 1955. Three states abolished the death penalty for murder during the 19th century: Michigan in 1846, Wisconsin in 1853 and Maine in 1887. Rhode Island is a state with a long abolitionist background, having repealed the death penalty in 1852, though it was theoretically available for murder committed by a prisoner between 1872 and 1984. Other states which abolished the death penalty for murder before Gregg v. Georgia include: Minnesota in 1911, Vermont in 1964, Iowa and West Virginia in 1965 and North Dakota in 1973. Hawaii abolished the death penalty in 1948 and Alaska both before their statehood. Puerto Rico repealed it in 1929 and the District of Columbia in 1981. Arizona and Oregon abolished the death penalty by popular vote in 1916 and 1964 but both reinstated it, again by popular vote, some years later. Puerto Rico and Michigan are the only two U. S. jurisdictions to have explicitly prohibited capital punishment in their constitutions: in 1952 and 1964, respectively.
Capital punishment continued to be used by a majority of states and the federal government for various crimes murder and rape, from the creation of the United States up to the beginning of the 1960s. Until "save for a few mavericks, no one gave any credence to the possibility of ending the death penalty by judicial interpretation of constitutional law", according to abolitionist Hugo Bedau; the possibility of challenging the constitutionality of the death penalty became progressively more realistic after the Supreme Court of the United States decided on Trop v. Dulles in 1958; the Supreme court declared explicitly, for the first time, that the Eighth Amendment's cruel and unusual clause must draw its meaning from the "evolving standards of decency that mark the progress of a maturing society", rather than from its original meaning. In the 1932 case Powell v. Alabama, the court made the first step of what would be called "death is different" jurisprudence, when it held that any indigent defendant was entitled to a court-appointed attorney in capital cases – a right, only extended to non-capital defendants in 1963, with Gideon v. Wainwright.
In Furman v. Georgia, the U. S. Supreme Court considered a group of consolidated cases; the lead case involved an individual convicted under Georgia's death penalty statute, which featured a "unitary trial" procedure in which the jury was asked to return a verdict of guilt or innocence and determine whether the defendant would be punished by death or life imprisonment. The last pre-Furman execution was that of Luis Monge on June 2, 1967. In a 5–4 decision, the Supreme Court struck down the impositions of the death penalty in each of the consolidated cases as unconstitutional in violation of the Eighth and Fourteenth Amendments of the United States Constitution; the Supreme Court has never ruled the death penalty to be per se unconstitutional. The five justices in the majority did not produce a common opinion or rationale for their decision and agreed only on a short statement announcing the result; the narrowest opinions, those of Byron White and Potter Stewart, expressed generalized concerns about the inconsistent application of the death penalty across a variety of cases, but did not exclude the possibility of a constitutional death penalty law.
Stewart and William O. Douglas worried explicitly about racial discrimination in en
Capital punishment in Japan
Capital punishment is a legal penalty in Japan. It is applied in practice only for murder, executions are carried out by hanging; the death penalty is reserved for cases of multiple murders, though some single murderers have been executed in extraordinary cases like torture murder or kidnap-for-ransom. Beginning in about the 4th century, Japan became influenced by the Chinese judicial system, adopted a system of different punishments for different crimes, including the death penalty. However, beginning in the Nara period, cruel punishments and the death penalty were used less and less as a result of the influence of Buddhist teachings, the death penalty was abolished in the Heian period; the death penalty was not used until the Genpei War. During the following Kamakura period, capital punishment was used and methods of execution became cruel, included burning and crucifixion, among many others. During the Muromachi period harsher methods of execution came into use, such as upside-down crucifixion, impalement by spear and dismemberment with oxen or carts.
Minor offenses could be punished by death, family members and neighbors could be punished along with the offender. These harsh methods, liberal use of the death penalty, continued throughout the Edo period and into the early Meiji period, but due to the influence of Confucianism, offenses against masters and elders were punished much more harshly than offenses against those of lower rank. Torture was used to extract confessions. In 1871, as the result of a major reform of the penal code, the number of crimes punishable by death was decreased and excessively cruel torture and flogging were abolished. In 1873, another revision resulted in a further reduction in the number of crimes punishable by death, methods of execution were restricted to beheading or hanging. In Japan, the courts follow guidelines laid down in the trial of Norio Nagayama, a 19-year-old from a disadvantaged background, who committed four separate robbery-murders in 1968 and was hanged in 1997; the Tokyo High Court gave him a life term, but in 1983 the Supreme Court of Japan held it was an error, quashed this sentence.
The court ruled that the penalty shall be decided in consideration of the degree of criminal liability and balance of justice based on a nine-point set of criteria. Though technically not a precedent, this guideline has been followed by all subsequent capital cases in Japan; the nine criteria are as follows: Degree of viciousness Motive How the crime was committed. Outcome of the crime. Sentiments of the bereaved family members. Impact of the crime on Japanese society. Defendant's age. Defendant's previous criminal record. Degree of remorse shown by the defendant; the number of victims killed is the most important criterion for imposition of the death penalty. A death sentence handed down for a single murder is considered "extraordinary". In 2012, a research institute affiliated with the Supreme Court issued a report on application of the death penalty from 1980 to 2009; the study found that, while prosecutors rarely demand capital punishment in cases of single murder, it was handed down in 32% of those cases.
On the other hand, prosecutors seek the death penalty systematically in cases of multiple homicide, it is handed down in 59% of cases of double-murder and 79% of cases where three or more victims have been killed. The study found that the death penalty was handed down in all cases of convicted murderers who killed again after being released on parole from life prison terms, in all robbery-murder cases with three or more people slain. Furthermore, in 5 of 10 kidnap-for-ransom cases in which one person was killed, the defendants were sentenced to death. Since May 2009, district courts try capital cases using the lay judge system, where three professional judges sit with six randomly chosen citizens. Five votes of nine-member court, including at least one professional judge, are required for issuing a conviction and any punishment, including death. Japan has a civil law legal system, appeal courts retry both facts and law. High courts retry cases with only three judges and no lay judges, can either reduce a death sentence to life or raise a life sentence to death.
A five-member petty bench of the Supreme Court has the final say on the penalty, Article 411 of Code of Criminal Procedure allowing it to remand the case or change the punishment if the one handed down by the high court is "seriously unfair". In only three cases since 1945, the Supreme Court ruled a high court-imposed life sentence too lenient, ordered a retrial for death sentence. Among them are Norio Nagayama and Takayuki Fukuda, both under 20 at time of crime; the third case was that of a man convicted of murdering an elderly woman for robbery shortly after being paroled from a life sentence imposed for a similar crime. According to Article 475 of the Japanese Code of Criminal Procedure, the death penalty must be executed within six months after the failure of the prisoner's final appeal upon an order from the Minister of Justice. However, the period requesting retrial or pardon is exempt from this regulation. Therefore, in practice, the typical stay on death row is between seven years. For several, the stay has been over 30 years.
Japanese death row inmates are imprisoned inside the detention centres of Tok
Capital punishment in Russia
Capital punishment in Russia is not allowed. There exists both an implicit moratorium established by President Boris Yeltsin in 1996, an explicit one, established by the Constitutional Court of Russia in 1999 and most reaffirmed in 2009. Russia has not executed anyone since 1996. In pre-Tsarist medieval Russia capital punishment was rare, was banned in many, if not most, principalities; the Law of Yaroslavl put restrictions on. The law was amended in much of the country to ban capital punishment; the Russian Empire practiced the death penalty extensively, as did all modern states before the 20th century. One of the first legal documents resembling a modern penal code was enacted in 1398, which mentioned a single capital crime: a theft performed after two prior convictions; the Pskov Code of 1497 extends this list mentioning three specialized theft instances, as well as arson and treason. The trend to increase the number of capital crimes continued: in 1649, this list included 63 crimes, a figure that nearly doubled during the reign of Tsar Peter I.
The methods of execution were cruel by modern standards, included drowning, burying alive, forcing liquid metal into the throat. Elizabeth did not share her father Peter's views on the death penalty, suspended it in 1745 enacting a moratorium; this lasted for 11 years, at which point the death penalty was permitted again, after considerable opposition to the moratorium from both the nobility and, in part, from the Empress herself. The first public statement on the matter to be both serious and strong came from Catherine II, whose liberal views were consistent with her acceptance of the Enlightenment. In her Nakaz of 1767, the empress expressed a disdain for the death penalty, considering it to be improper, adding: "In the usual state of the society, death penalty is neither useful nor needed." However, an explicit exception was still allowed for the case of someone who while convicted and incarcerated, "still has the means and the might to ignite public unrest". This specific exception applied to mutineers of Pugachev's Rebellion in 1775.
Consistent with Catherine's stance, the next several decades marked a shift of public perception against the death penalty. In 1824, the existence of such a punishment was among the reasons for the legislature's refusal to approve a new version of the Penal Code. Just one year the Decembrist revolt failed, a court sentenced 36 of the rebels to death. Nicholas I's decision to commute all but five of the sentences was unusual for the time taking into account that revolts against the monarchy had universally resulted in an automatic death sentence, was due to society's changing views of the death penalty. By the late 1890s, capital punishment for murder was never carried out, but substituted with 10 to 15 years imprisonment with hard labor, although it still was carried out for treason. However, in 1910, capital punishment was reintroduced and expanded, although still seldom used; the death penalty was outlawed on March 12, 1917 following the February Revolution and the establishment of the Russian Republic.
On May 12, 1917, the death penalty became allowed for soldiers on the front. The Soviet government confirmed the abolition immediately after assuming power, but restored it for some crimes soon. Most notably, Fanny Kaplan was executed on 4 September 1918 for her attempt to assassinate Lenin six days earlier. Over the next several decades, the death penalty was alternately permitted and prohibited, sometimes in quick succession; the list of capital crimes underwent several changes. Under the rule of Joseph Stalin, many were executed during the Great Purge in the 1930s. Many of the death sentences were pronounced by a specially appointed three-person commission of officials, the NKVD troika; the exact number of executions is debated, with archival research suggesting it to be between 700,000 and 800,000. The verdict of capital punishment in the Soviet Union was called the "Supreme Degree of Punishment". Verdicts under Article 58 ended with a sentence, abbreviated as VMN, followed by executions through shooting, though other frequent verdicts were 10 years and 25 years sentences.
The death penalty was again abolished on 26 May 1947, the strictest sentence becoming 25 years' imprisonment, before it was restored on 12 May 1950: first for treason and espionage, for aggravated murder. The Penal Code of 1960 extended the list of capital crimes. According to 1985-1989 statistics, the death penalty accounted for less than 1 in 2000 sentences. According to the GARF archives database, between 1978 and 1985 there were 3,058 sentences to death, appealed to the Supreme Soviet of the RSFSR. At least one woman was executed during this time, Antonina Makarova, on August 11, 1978. After the fall of the Soviet Union, the Russian Federation carried out the death penalty intermittently, with up to 10 or so a year. In 1996, pending Russia's entry into the Council of Europe, a moratorium was placed on the death penalty, still in p
Capital punishment in Brazil
Capital punishment is a long unused form of punishment in Brazil. Its last recorded use was in 1876. Although abolished, it is still possible during wartime, according to the Article 5, XLVII, "a", of the Federal Constitution. Brazil is the most populous country in the world. Brazil's current president Jair Bolsonaro supports the revival of capital punishment for crimes such as murder and rape; the last execution carried out by Brazil was of the black slave Francisco, in Pilar, Alagoas on April 28, 1876, the last execution of a free man was, according to official records, of José Pereira de Sousa, in Santa Luzia, Goiás. He was hanged October 30, 1861; the last execution of a woman, as far as can be established, was Peregrina, one of slaves of Rosa Cassange in Sabará, MG, executed by hanging April 14, 1858, by the Province of Minas Gerais. The executioner was the slave Fortunato José, it was discovered that Peregrina was innocent. Until the final years of the Brazilian Empire, defendants were still condemned to death despite the fact that Emperor Pedro II of Brazil commuted all death sentences in 1876, for both free men and slaves.
However, the death sentence was only abolished for common crimes after the proclamation of the Republic in 1889. It was not abolished for certain military offenses in wartime; the 1937 Constitution, which ruled the country during Getúlio Vargas' Estado Novo dictatorship, made it possible for the Justice to sentence prisoners to death for crimes beyond military offenses in wartime. According to popular belief, integralist writer Gerardo Mello Mourão would have been sentenced to death in 1942 under the accusation of committing espionage for the Axis powers; as he said in an interview, he was sentenced to life imprisonment during that time. He claims to have "never been sentenced to death as the pundits of history and bad faith insinuate"; as a matter of fact, there are no records of an execution taking place during the period of time in which this Constitution ruled, which lasted until 1946. From 1969 to 1978, during the military dictatorship, execution once again became available as a form of punishment for political crimes which resulted in death.
As such, Teodomiro Romeiro dos Santos, a militant of the Brazilian Revolutionary Communist Party, was sentenced to death under the accusation of shooting an Air Force sergeant, who died, a Federal Police officer, injured. Santos, now a retired judge, is recognized as the only person sentenced to death during the Republican history of Brazil, his sentence was commuted to life imprisonment in 1971. There are no official records of executions taking place during the military rule. However, the regime was responsible for the extrajudicial killing of at least 300 of its opponents. Capital punishment for all non-military offences was abolished in Brazil by the 1988 Constitution; the death penalty may be applicable in Brazil only for military offences such as treason, genocide, crimes against humanity, war crimes, terrorism during wartime. The sole method prescribed by law is death by firing squad; the Military Penal Code advises that this penalty should be sentenced only in extreme cases, that the president may grant a pardon for the convicted officer.
However, Brazil has not engaged in any major armed conflict since the end of World War II. Brazil is the only Portuguese-speaking country that still maintains the death penalty for some offenses; the Brazilian Constitution of 1988 expressly prohibits the usage of capital punishment by the penal justice system. However, death penalty may be applicable, according to international law, in case of a declared war, under the terms of Article 84, paragraph 19, of the Constitution, it prohibits, in the same article that refers to the death penalty, the usage of life sentences, making Brazil one of the few countries which has abolished both life imprisonment and death penalty. According to the Brazilian Penal Code, a citizen cannot spend more than 30 continuous years incarcerated. Brazil is a State Party to the Protocol of the American Convention on Human Rights to Abolish the Death Penalty, ratified on August 13, 1996. According to international law, the "application of the death penalty in time of war pursuant to a conviction for a serious crime of a military nature committed during wartime" is admissible.
Article 2, paragraph 1 of the United Nations Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty, allows members to make a reservation in these terms, at the time of ratification or accession to the Protocol. Datafolha, a polling institute linked to the Folha de S. Paulo newspaper, has conducted an annual survey since the early 1990s regarding the acceptance of the death penalty in Brazilian society; the majority of these surveys indicate. The most recent poll, indicates that there is no longer a clear majority on the issue; the difference between those who agree and oppose to the usage of the method is only 1%, thus, within the margin of error of the poll. The results are similar to a 2000 poll conducted by the same institute, when approval of the death penalty had an abrupt drop, only to rise up again in subsequent years; the newspaper indicates that murder cases explored by the mass media during the time of the survey, such as the death of boy João Hélio, may influence the outcome of the polls.
A poll conducted by Sensus institute in January 2010 has indicated that most Brazilians are against the death penalty. Mor