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Capital Punishment in the United States Explained

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In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines - like bail, civil asset forfeiture, or the Brady doctrine - so that everyone can understand them. Wherever possible, we try to utilize the stories of those affected by the criminal justice system to show how these laws and principles should work, and how they often fail. We will update our Explainers monthly to keep them current. Read our updated explainer here.
To beat the clock on the expiration of its lethal injection drug supply, this past April, Arkansas tried to execute 8 men over 1 days. The stories told in frantic legal filings and clemency petitions revealed a deeply disturbing picture. Ledell Lee may have had an intellectual disability that rendered him constitutionally ineligible for the death penalty, but he had a spate of bad lawyers who failed to timely present evidence of this claim -…

Jokowi and the Death Penalty: Weighing the Costs and Benefits

Indonesian President Joko Widodo with Germany's Angela Merkel
Indonesian President Joko Widodo with Germany's Angela Merkel
Indonesia’s president continues to execute drug offenders, despite international pressure.

The third wave of executions announced by the Indonesian attorney general’s office has created an uproar and made headlines all around the world. Out of 14 slated to be executed, four — one Indonesian citizen and three Nigerians — were shot dead by a firing squad on early Friday.

Jakarta’s tough stance on the death penalty during the administration of President Joko Widodo, commonly known as Jokowi, has exposed Indonesia to a wave condemnation. However, despite heavy criticism from the international community, including human rights advocates and foreign governments, Jokowi is determined to continue the executions, based on the argument that Indonesia has an alarming level of drug crime that particularly affects young people. Under this narrative, drug-related crimes are portrayed as the main threat to national security, more serious than terrorism and corruption.

Thus far, Jokowi has not compromised on any drug convicts on death row, including foreign nationals, in order to carry out his “war on drugs” policy. In particular, the executions of Australians Andrew Chan and Myuran Sukumaran of the Bali Nine in 2015 triggered a lot of debate on Indonesia’s tough stance on the death penalty.

In its position as a retentionist state, Indonesia considers the death penalty as necessary in deterring crime, maintaining the law and order of the society, and safeguarding the interest of their people.

The debates in this furor, however, are not just about the death penalty being exercised by Indonesia. It involves a bigger question — that is, the legal process in Indonesia. Under Indonesian law, death row prisoners cannot be executed unless all legal avenues, including clemency appeals, have been fully exhausted.

At the international level, Indonesia is a signatory of the UN Covenant on Civil and Political Rights, in which it has clearly stated that every prisoner facing a death sentence has the right to fair trial and the right to go through consideration for clemency before the sentence can be enacted.

When the legal process is not fully respected and followed, this raises the question of the Jokowi government’s commitment to the rule of law and human rights.

Furthermore, the death penalty in Indonesia is also highly dependent on political factors, public pressure, and religious beliefs. While there are many local and international non-governmental organizations that advocate for the abolition of the death penalty in Indonesia, there is also strong support for the death penalty from the local community, especially among anti-drug organizations and religious groups.


Source: The Diplomat, Khoo Ying Hooi and Huong Yu Sin, July 30, 2016. Dr. Khoo Ying Hooi is Senior Lecturer at the Department of International and Strategic Studies, Faculty of Arts and Social Sciences, University of Malaya. Huong Yu Sin is a postgraduate student at the Department of International and Strategic Studies, Faculty of Arts and Social Sciences, University of Malaya.

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"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." - Oscar Wilde

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