A STUDYGUIDE by Marguerite O’Hara

www.metromagazine.com.au

www.theeducationshop.com.au Just Punishment

Khoa Nguyen departs

Imagine you were offered the ou are a bit nervous but hope Your mother and your friends visit as chance to pay off your debts you’ll get through. Airport secu- often as they can, but as a condemned by carrying drugs into Yrity is suspicious and searches prisoner there is no hugging or touching you. The drugs are found and you are and you are a long way from home. You from an Asian country. The detained, arrested and charged with drug know how worried they are and feel ter- package weighs almost 400 trafficking. At the trial, almost two years rible for causing your friends and family grams, less than a half kilo after your arrest, you are found guilty. The so much pain and shame. bag of sugar. You know there penalty for trafficking fifteen grams of are heavy penalties if you are or more is death. The appeals have all failed including a found with the stuff but decide plea from the Australian government to to take the risk, carefully For more than a year your lawyers go spare your life. You now have only a few through various appeal processes but you days to live before you are hanged. concealing the drugs in your feel increasingly despondent as judges luggage and on you. in this country have no discretion about sentencing for drug smuggling.

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Just Punishment is a one- hour documentary film about the legal processes and the human story that led to the of Van Nguyen in in December 2005. In telling the story behind the fight to save his life, it asks us ABOVE: Bronni – reachout campaign to consider whether this was RIGHT: Kim Ngyuen just punishment.

Synopsis vigils and church services across the country. Van Nguyen’s story had cap- On 2 December 2005 Van Nguyen, a tured a nation. 24-year-old Australian, was hanged by the state of Singapore for trafficking 396 Three years earlier, Van was arrested grams of heroin. Van was the first Aus- whilst in transit at Singapore’s tralian to be executed in many years and Airport. He was found with heroin his story flooded news outlets across the strapped to his body and in his hand country. Filmed over two years, Just Pun- luggage. Under Singapore’s strict drug ishment tells the story behind the media laws he automatically faced a mandatory face of Van Nguyen and the remarkable death sentence. Van was not a seasoned Just Punishment tracks the personal journey to try to keep him alive. drug trafficker, he had no prior criminal stories of Van and his inner circle over record and this trip was the first time he the two years from death sentence to In the weeks preceding Van Nguyen’s had left Australia. execution. hanging, the Australian public was gripped by media reports detailing the Van’s friends and family were shocked by Van Nguyen’s story affected everyone unceasing efforts to save the young the news of his arrest, including his twin who came to know it, from those closest drug dealer’s life. Despite the number brother who was, in part, the motivation to him to the highest levels of Australian of states within the Asian region who for Van’s ill-fated trip. His arrest brought politics. It is a story that is guaranteed to practise , it had been together an unlikely group who formed remain in our conscience for a while yet. twelve years since an Australian citizen Van’s inner circle as his case moved from faced execution. The media interest was legal process to a diplomatic plea. Curriculum Relevance intense, diplomatic tension ensued and public opinion was split. Just Punishment traces Van’s change Just Punishment will have relevance for from naive, young man to someone who middle and senior secondary students of: Van became the pin-up boy for a number became wise beyond his years, who in of causes: a symbol of the injustice of the face of the hangman’s noose came to -- Legal Studies – understanding the Singapore’s mandatory death sentence fearlessly accept his fate and leave peace ways in which legal and human proc- system, a lesson on the impact of drug in the hearts of those who fought to save esses are both intricately connected trafficking and an example of the power him. Told through a mixture of exclusive and subject to inflexible laws. of reformation. At the moment of his interviews, unseen observational footage -- Politics – understanding both the execution, thousands of people attended and excerpts from Van’s prison diaries, limits and complexities involved in

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LEFT: Kim & Bronni – countdown begins ABOVE: Kelly Ng

The lawyers -- Julian McMahon – Melbourne bar- rister -- Lex Lasry – Melbourne Queen’s Counsel (QC) applying diplomatic pressure within a the film, capital punishment and the film- -- Joseph Theseira – Van’s Singaporean regional setting. makers’ intentions. lawyer -- International Studies – the differences in legal approaches within different People in the film Capital Punishment societies in the same region. -- Studies of Society – a study of what The family Capital punishment is the state sanc- both divides and connects people -- Van Tuong Nguyen – the convicted tioned taking of a person’s life as the from different backgrounds and drug smuggler penalty for committing a crime. cultures. -- Kim Nguyen – mother of Van and -- Media Studies – constructing a docu- Khoa Here is some background information on mentary with a committed perspec- -- Khoa Nguyen – Van’s twin brother the current situation concerning the use tive. (Vietnamese names are often written in of capital punishment in Australasia. It -- English – looking at social and politi- the following order: family or surname, comes from a Lowy Institute Report, the cal issues as part of a study of Issues middle name, given name. This is the complete text of which can be accessed and Argument. opposite of names in Australia. Nguyen at: http://www.lowyinstitute.org/ is the most common family name in Viet- Publication.asp?pid=433 The film demonstrates how a legal and nam, as Smith is here) political case can best be understood Below is a summary of the major points. through developing an understanding of The friends its human dimensions. The activities in -- Kelly Ng, Goldgan Ng, Bronwyn Lew • Seventy-one countries and territories this guide encourage students to look at around the world retain and use the the film from three related perspectives: The politicians death penalty. -- – Prime Minister of • Fifteen Asian states retain the death 1. The human stories of the people Australia penalty for ordinary crimes (i.e. crimes involved -- – Foreign Minister other than terrorism). 2. The legal and moral issues of Australia • Singapore executes more people per 3. The process of constructing the -- Lee Hsieng Loong – Prime Minister of capita than any other country in the documentary Singapore world: 6.9 executions per one million -- Kim Beazley – then leader of the people. Before watching the film, it is suggested Australian Opposition • Five Asian countries have abolished that teachers read through the back- -- Rob Hulls – Victorian Attorney- the death penalty over the last decade; ground information about the people in General these include Cambodia, Nepal, Timor-

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Melbourne airport

Leste, Bhutan & the Philippines. Two days before Van Nguyen was Open Channel Productions, a screen • Studies have shown the death penalty hanged in Singapore, a Morgan Poll was development and resource centre in is disproportionately imposed on the conducted in Australia and people were Melbourne. poorest, least educated and most asked whether they thought he should Kim Beamish – writer, director and co- vulnerable members of society. be executed for his crime. The results producer of Just Punishment • Van Nguyen was the first Australian showed people to be evenly divided: Shannon Owen – writer, director and co- to be executed in Singapore since producer of Just Punishment independence and the first Australian • Forty-seven per cent said the death executed overseas since 1993. penalty should be carried out In their Directors’ Statement about the • In 1967, Ronald Ryan was the last • Forty-six per cent said the death pen- making of Just Punishment, Beamish and person hanged in Australia. alty should not be carried out Owen acknowledge their committed po- • Australia has abolished the death pen- • Seven per cent were undecided. sition in relation to opposition to capital alty in all states. punishment when they say about the film: • Australian public opinion is divided on The poll also showed that only twenty- the merits of the death penalty. seven per cent of people believed the In some small way we hope it echoes • Australia is a signatory to international penalty for murder should be death, the campaign purpose in which it was covenants that denounce the use of sixty-six per cent said imprisonment originally conceived; and that it chal- capital punishment for all crimes as an should be the penalty and seven per cent lenges audiences to rethink their position issue of human rights. could not say.1 in relation not only to Van’s execution but to the question of capital punishment in In December 2005, what did Austral- The filmmakers all cases. ians think about the application of the death penalty, particularly just days Liz Burke – co-producer of Just Punish- (The complete text of the Directors’ before Van Nguyen’s execution? ment and then Executive Producer of Statement is included later in this guide)

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LEFT: Lex and Julian at appeal

Activity 2 Watching the film

As suggested earlier in this guide, there are three interrelated stories in this film: (1) the human story, (2) the legal and moral issues and (3) the process involved in constructing the documentary. These three elements are tightly interwoven in the film, particularly through the editing. Questions under one heading often relate to all three aspects of the film.

Different groups of students could focus on their allocated or chosen area as they watch the film. Afterwards, students could share their responses and observa- tions in bringing it all together.

Activity 1 their sentences in their country of 1. The Human Story – family citizenship? and friends Before watching the film • Terms used in newspapers to char- acterize those accused of crimes or • How do the opening scenes and the • Make a class list of what you believe connected to alleged criminals are voiceover at Van’s funeral in Mel- are the purposes of punishment for often loaded with connotations. Which bourne’s St. Patrick’s Cathedral estab- people who have been convicted of of these terms used in headlines lish something of the mood and tone of lawbreaking? predispose readers to view the person this film? • What do you believe are the most seri- negatively – drug mule, drug smug- • What does Khoa, Van’s twin brother ous crimes? gler, drug courier, drug trafficker, drug have to say at this stage of the film • What legal penalties should be applied boss? Which terms are most likely to about what has happened to his to those convicted of committing seri- invite public condemnation? brother? ous crimes? • List the arguments in favour of capital • What does Kim Nguyen (the twins’ • Should judges and juries take into ac- punishment that might be offered by mother) say about the difference count the age of offenders in handing Governments such as those of Singa- between her two sons as they were down sentences? pore, China, Iran and several states in growing up? • Should judges be able to impose America who still impose this ultimate • What is Kelly Ng’s connection to the lighter sentences on people who co- penalty for a range of crimes. Nguyen family and particularly to Van? operate with authorities, particularly • Should governments ever take another • As the legal team prepare for the Ap- when this leads to the arrest of major person’s life as punishment for com- peal against Van’s conviction, what criminals, so-called ‘Big Fish’? mitting a crime? If so, list crimes where do we learn about Van’s life since • Should individuals convicted of crimes you think such a penalty is justified completing school? in other countries be allowed to serve • How does Bronwyn (Van’s ex-girlfriend)

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ABOVE: Khoa Nguyen on the eve of Van’s • What do we learn from Lasry’s account execution. RIGHT: KIM with Van’s coffin of what happened in the courtroom during the appeal hearing? On what evidence do the chances of the initial verdict being overturned depend? describe her meeting with Van in • Does he share the religious faith Van ? now seems to have embraced? Awaiting the result of the Appeal • What does Kelly Ng tell us about the • When Kim Nguyen meets with John glass separating prisoner from visitor? Howard about her son, how does she • What does Goldgan Ng, Van’s school • In what context is Kim Nguyen pre- report his response to her to the law- friend who is in Singapore, have to say sented at this stage in the film? yers and others committed to saving about Singaporean attitudes to the • How do Kelly Ng, Julian McMahon and Van’s life? sentencing of drug traffickers? Lex Lasry react to the outcome of the • When all hope seems lost, what does • How does he explain why his attitude Appeal? Kim, Van’s mother, say about the deci- is different? sion to execute her son? • What is the outcome of the Appeal? How Khoa, Van and the family and • What do you think Lasry means when friends are dealing with the changing 2. The legal and moral issues he describes the result of the Appeal situation and the lawyers process as ‘just another very brief and very impersonal and unsympathetic • What is Khoa’s state of mind at this • How much time was there between legal proceeding’. stage in the process to save his Van’s arrest and his execution? brother? How does he suggest being • The screen text ‘The Appeal, Mel- The international stage and the politi- a ‘junkie’ affected his behaviour and bourne, 12th May 2004’ introduces us cians feelings? to the two Melbourne lawyers who • What do the voiceover excerpts from worked to save Van’s life. Who are • What does Mr Howard request and Van’s diary indicate about his mental they? how does Mr Lee respond? state at this time? • How did McMahon and Lasry each • What is Mr Lee’s stated reasons for • What public and highly symbolic become involved in Van’s case? Singapore’s firm line on this issue? campaign do Van’s friends, Kelly and • How does each lawyer talk about the • What is Australian Foreign Minister Bronni, organize to let the Singapore death penalty? Downer’s view on the proposed execu- Prime Minister know how people feel • Does the appeal process allow for any tion? Who else does he say has made about the imminent hanging of Van consideration of matters about Van’s diplomatic representations to Singa- Nguyen? life and character? pore on Van’s behalf? • On what grounds is the appeal against Final days and pleas for compassion the judgement being made? Applying for clemency – the next stage • What does Joseph Theseira, Van’s in the legal process • What do the quotes from Van’s diary Singaporean lawyer, want the court to suggest about his mental and spiritual understand about this case? • What does Julian McMahon reveal state? • Are Singaporean judges allowed any about the chances of a successful • How does Lasry describe the changes flexibility in sentencing people con- clemency appeal? he has observed in Van? victed of drug offences? • Some of the reasons for requesting

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Final words – Symbols and ongoing commitment to the cause • How do McMahon, Lasry and Theseira Arriving in Singapore deal with the news that the clemency During the final footage of Van’s request has been refused by the Sin- • What is your impression of Singapore white funeral, we hear several gapore government? in these opening shots? voices of those involved in this • What final attempt does Lasry make to • Two signs are featured in this footage. case. stop the execution of Van? What assertions do they make about Lasry says: We’re going to talk • How does the Australian Parliament Singapore and citizens’ rights and about the case … as a symbol in respond to the decision in Singapore responsibilities? relationship to the fight against to hang Van Nguyen? • How does the voiceover extract from mandatory death penalty, the • About how many people are executed Van’s diary at this point bring him back symbol for transformation and in Singapore each year? to centre stage in the film? the symbol for … changing and • What is Lasry’s view about whether his • What contrast is being implied improving the situation, no matter client should receive different treat- between the settings in which Sin- how difficult. ment to the other prisoners on death gapore’s Prime Minister Lee Hsieng Kim Nguyen says: I want to row? Loong and Australian Prime Minister, make Van happy. I have to • What is the indication that Howard is John Howard, meet in the Colonial Era promise him … don’t feel sad … very angry about the process involved Palace and the situation in which Van let him go happy. in announcing the date for the death finds himself? penalty being carried out on Van? Khoa says: It doesn’t do anything that can help anyone if I • What do you think Lasry means when Final days continue to blame myself. he says the following? This case is now about the next case • What do the news reports, the ‘on the Julian McMahon says: Justice … I mean the consequences of this streets of Melbourne’ scenes and what is one of the elements that make case for other cases, it may be that people are saying, tell us about how up a society, a community and Van’s death and the publicity surround- people feel about this issue? how we deal with justice, how ing it and the campaign we’ve run will • While we do not witness the final visits we treat those who offend the help someone else. And if it does that, with Van, the depth of feeling of eve- principles of justice is who we that’d be fantastic. And so it’s worth ryone involved is made clear through are and how we live and what we doing for that. what we see and hear at this point in say about ourselves. • How do we know that the lawyers are the film. Explain how this intensity is Van, from his diary, writes: I emotionally committed to this case and conveyed by the filmmakers, particu- am not special, nor am I most of the people involved? larly in the shooting of the scenes of the other great things said about family, friends and lawyers leaving me. I’m of no more value than the 3. The process of constructing Changi prison. person next to me, nor am I any a documentary • The reports of Van’s visitors and the less. I think I understand now, excerpts from his diary suggest that I wasn’t born to die, you Lord • What do we learn about this case from since his conviction, Van has un- created me to live. the opening statements in the audio dergone a spiritual transformation – as we watch the funeral scenes at the ‘completely rehabilitated, completely Cathedral before the film’s title appears reformed … completely focused on clemency for Van which the lawyers, on screen? doing what is good’ (Julian McMahon). McMahon, Lasry and Theseira, intend • How are the filmmakers, and us, the While these changes may make it even to include in the appeal are: youth; viewers of this film, able to know about more difficult for people to accept his personal and family circumstances; the imprisoned Van’s sense of what he execution, should repentance and re- first offence; lack of professionalism; did and why? morse affect our view of the rights and lack of intent to take the drugs into • What does the home video footage of wrongs of capital punishment? Singapore; and relatively low quantity both the Mount Waverley High School • After the full list of credits has ap- by reference to other cases. Do you 1998 formal and Kelly’s twenty-first peared, these words from Van appear think any, or all of these matters, are birthday party establish about Van? on the screen: relevant?

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Love with all your heart could the truth of such a claim be reli- commuted or inadequate. Never give up trying ably tested? • a sense that revenge is an appropri- Never forsake • Should background information and ate response to the seriousness of And expect nothing in return. submissions about the character and some crimes. background of a convicted criminal be • all of the above. In ending with the words of Van, what allowed to be used as part of the legal final impression do you think the filmmak- process in varying a sentence or in • While this film is, as the writers and ers want us to take from the film? other appeal processes? directors acknowledge, ‘not an easy • The poll taken days before Van Nguy- film to watch, and not an easy film to Activity 3 en’s execution in Singapore showed make’, what approach does it depend that forty-seven per cent of Australians on to make its points and engage our The wider issues raised by this film for supported this action. Do you think this hearts and minds? discussion and/or writing: result suggests: • If this film had been made, of course in • a respect for the right of other a different form, and shown on televi- • In what way does the title of this film, countries to impose their own legal sion in the months preceding Van’s Just Punishment, play on the different penalties on convicted people who execution, do you think it may have uses and meanings of the word ‘just’? commit crimes within that country. changed the outcome? • One of the stated reasons for Singa- • a belief in the imposition of the death • How do you think people in Singapore pore and other countries retaining the penalty for drug trafficking as a would respond to this film, if it were death penalty for drug trafficking is that strong deterrent. ever to be shown there? it acts as a powerful deterrent. How • a belief that many sentences are • Should Australia be supporting the application of the death penalty in relation to the convicted Bali bombers, while opposing it in relation to our own Where to now for those challenging the death nationals convicted of crimes attracting penalty? the death penalty in Asian countries? • As the sister or brother of someone A recent report in The Age (29 April 2007),2 reported that Lex Lasry and Julian whose life has been destroyed through McMahon are part of the legal team now fighting to save the so called ‘’ an addiction to illegal drugs, outline members, and Myuran Sukamaran, from the death penalty imposed what you believe is the best way to by the Indonesian Court for drug offences. stop the destruction of lives through However, this time the legal action is taking the form of a landmark constitutional involvement with selling and/or using challenge to the death penalty in Indonesia. illegal drugs such as heroin, cocaine and methamphetamine (‘ice’). Consider In particular, it is a challenge to the constitutionality of the Indonesian drug issues such as legalization, stricter legislation under which the men were convicted and sentenced. penalties for sale and/or use, educa- In 1999 the Indonesian constitution was amended to include an article stating that tion programs, zero tolerance, more the right to life ‘cannot be diminished under any circumstances’. The Indonesian safe injecting rooms and better border drugs laws then, and still in place, contain the death penalty. and airport security and detection of importation of drugs. ‘The argument is that the death penalties are in breach of the constitution as it now stands.’ (Lex Lasry, QC) • Do you think that watching Just Pun- ishment is likely to have any effect on The Australian will not stand at the bar table in this court and speak. the seven per cent of people men- Indonesian lawyers will present the case because non-Indonesian lawyers have no tioned in the survey earlier who were standing in the Constitutional Court. ‘undecided’ about the use of the death The case is expected to run for some months. penalty in Van Nguyen’s case? • Write a 200-word review of this docu- mentary for a television guide, outlining

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the film’s qualities and recommending now committed to seeing this through. tensive production period. In Singapore, it, or not, to viewers. visiting rights for death row prisoners • The image on the DVD cover shows Like all good stories the more we dug works on a quota system and visits are Van’s mother by his coffin. Do you the more engrossed we became. It was restricted to family and close personal think this is a good image to use or meeting Van’s friends that spurred our friends. are there others that you think better commitment to uncovering Van’s story. express your sense of the film’s mean- At each new meeting their loyalty was Van had endorsed the making of the film ing? overwhelming and it was through their from the beginning. At that stage no one descriptions of Van that a profile of an knew the outcome of the case and there Directors’ Statement entertaining and generous personality was no way Van could imagine how he behind a façade of ‘cool’ grew. Even would eventually face his death. We fol- When we were first approached about without meeting him, Van’s charisma was lowed Van’s journey through reports from following Van’s story we were skepti- magnetic. his visitors and his ceaseless writing. In cal. A young heroin trafficker was to be the days before his execution and upon sentenced to death sometime in the next The film’s central question was formed his request, we were at last able to meet month and his lawyer thought a docu- through observing Van’s friends and the person whom we had been talking mentary could be a vital component in family. How would you cope if your about for two years. the push to save his life. While there was brother, your son or your friend, at the no doubt in both our minds that as a prime of their youth, was sentenced to be In the preceding weeks, Van had been basic issue of human rights, this young executed? The more we filmed, the more elevated to almost saint-like status guy’s life should be spared, we were im- we realized that this was the unseen ef- amongst some of his peers and, thanks mediately wary of the assumption that a fect of capital punishment. This wave of to a remarkable campaign to try to save documentary would be effective spin in suffering illustrated, more than anything, him, within some sections of the broader a political campaign. We didn’t want to the injustice of state-sanctioned killing. community. We were both nervous about airbrush the story’s blemishes away, and meeting Van and intrigued by reports of we also knew there was no guarantee in Kim, Van’s mother, is at the heart of this, the inner peace he claimed he felt in the the world of broadcasting that anything and her willingness to be involved in the days before being hanged. When asked we made would go to air at a strategic film was integral to our ability to tell Van’s about his fear, Van replied with a cheeky campaign moment. story in this way. When, in July 2004, calm, ‘I can’t say that I won’t be shitting Van’s appeal verdict was adjourned ‘to myself on the day but right now I am at Like most great documentary ideas that a date to be fixed’ we realized that our peace’. Van admitted that he had no idea every second person wants to tell you initial six month timeline would quickly when he left Australia that he could be about, there wasn’t a pot of gold to get pass us by. Six months soon became killed for what he was about to do. Of the project started. So it was with trepi- two years and over this time Kim became course this was stupid, but invincibility is dation that we began to plot the feasibil- as determined as we did for Van’s story something we all feel at twenty-one and ity of creating an unfunded masterpiece to be told. We have been criticized as both of us could remember the stupid in the six months we were advised it exploitative, for observing Kim and her things that we had done in the past. would take for Van Nguyen’s sentence to grief in the way the film does. However, be overturned or for his fate to be sealed. it is through Kim that the question of the Just Punishment is not an easy film to With no time to apply for funding through justice of Van’s punishment is crystal- watch and it was not an easy film to the normal documentary routes, we, like lized. make. In some small way we hope it Van’s lawyers, approached the film ‘pro echoes the campaign purpose in which it bono’. When the date of Van’s sentenc- From the outset, Just Punishment was was originally conceived and that it chal- ing was announced, we jumped on the collaboration. It could not have been lenges audiences to rethink their position phone to try and convince someone, made in any other way. This collaboration in relation not only to Van’s execution but anyone, to support us getting to Singa- included collaboration with Van himself. It to the question of capital punishment in pore. At the eleventh hour with a mixture is strange making a film about someone all cases. of philanthropic and in-kind support we who is alive, who in a way you feel you booked a ticket to Singapore for the first know but who you have never met. This – Kim Beamish & Shannon Owen, 20 leg of production. It seemed we were was the case for the majority of our ex- October 2006

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References for Australia to adopt a consistent ap- Dead Man Walking (Tim Robbins, 1995) – proach to the capital punishment issue. A film about the use of the death penalty Websites Accessed 10 June 2007. in America. It represents the pain and personalities on both sides of the issue. http://www.theage.com.au/news/ http://www.onlineopinion.com.au/view. tv--radio/inside-view-of-a-death- asp?article=3888 The Ballad of Reading Gaol – An 1898 sentence/2006/11/28/1164476211822. Text of piece by Mirko Bagaric, a lawyer poem by Oscar Wilde about imprison- html and author headed ‘Nguyen Tuong ment and capital punishment. The story behind the making of this film Van – Australia Cannot Stand Idly by’. from the filmmakers’ perspective. He discusses the ways laws may be A Hanging – A 1931 essay by George Accessed 31 May 2007. changed through a consistent interna- Orwell. tional approach. http://freenet-homepage.de/dpinfo/ Accessed 31 May 2007. Marguerite O’Hara is a freelance writer defenseattorneys.htm based in Melbourne. • Quotes about the death penalty from a Films and other literature number of defence lawyers, including about this issue Endnotes Julian McMahon. 1 Sydney Morning Herald, 1 December Accessed 11 June 2007. It is difficult to find films or literature in 2005. favour of capital punishment. Here are 2 The Age, 29 April 2007. http://www.lowyinstitute.org/Publication. some that have explored the issue over asp?pid=433 the past century. None are pro-capital Complete text of paper about the need punishment.

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