LAW4543 The death penalty: Law, politics and advocacy

Amnesty International estimates that in 2019, over 650 prisoners were executed worldwide (excluding
China); over 2300 prisoners were sentenced to death and there were roughly 26,600 people on death row.
For those who are appealing their sentences, awaiting execution, or seeking clemency, the often-prolonged
process is a form of punishment in itself, that also gravely affects the lives of family, the local community
and all parties to the proceeding.

This unit will examine the existing jurisdictions that apply capital punishment and those jurisdictions
identified to be at risk of re-introducing capital punishment, to contextualise the death penalty within the
international law and comparative contexts.

Students will gain a solid understanding of the current status of capital punishment on a global front, and
how the practice of the death penalty is framed within international law and human rights standards.
Students will examine the impact on the trial of an Accused, when due process safeguards fail, with a focus
on police abuse, access to justice, unfair trials, mandatory sentencing and forensic evidence.

Students will consider the discriminations faced by those on death row, in terms of class, race, mental
health, age, gender, sexuality and other factors and how these factors impact the fair administration of
justice. Students will explore the advocacy of the abolitionist movement - including the role of public
opinion and deterrence research - and the arguments used by retentionist countries to maintain the status
quo.