DOCSLIB.ORG

Abolition of Death Penalty and Its Implications for the Justice System in South Sudan

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Abolition of Death Penalty and Its Implications for the Justice System in South Sudan ABOLITION OF DEATH PENALTY AND ITS IMPLICATIONS FOR THE JUSTICE SYSTEM IN SOUTH SUDAN BY: THIEP LINO NHIAL LLM/11838/123/DF A DISSERTATION SUBMITTED TO THE COLLEGE OF HIGHER DEGREES AND RESEARCH OF KAMPALA INTERNATIONAL UNIVERSITY IN PARTIAL FULFILLMENTOF THE REQUIREMENT FOR THE AWARD OF THE DEGREE OF MASTER OF LAWSOFKAMPALA INTERNATIONAL UNIVERSITY OCTOBER 2018 DECLARATION I, Thiep Lino Nhial declare that this thesis entitled “The Abolition of Death Penalty and its Implications for the Justice System in South Sudan” is my original work and it has never been presented in any other University for the award of the Degree of Master of Laws. ………………………………… Name and Signature of Student Date ………………………… i APPROVAL This is to certify that this thesis entitled “Abolition of Death Penalty and its Implications for the Justice System in South Sudan” has been submitted in partial fulfillment of the requirements for the award of the Degree of Master of Laws with my approval as University Supervisor. …………………………… Dr. Chima M Date ……………………… ii DEDICATION I dedicate this piece of work to my family my father Lino Nhial Thiep and my mother Josephina Achol Akol Riak. Their advice to me that I should achieve something in life of which they have referred to in a Dinka proverb that “moc ache ping ke la thok, moc aye ping ke cha loy” meaning that “A man cannot be famous with what goes to his mouth but with what he has done. iii ACKNOWLEDGEMENT This thesis was approved and made possible by the panel of Postgraduate School of Law of Kampala International University. The theme of the thesis is the Abolition of Death Penalty and its implications for the Justice System in South Sudan. I am convinced that the thesis presented will provide valuable resource to all the stakeholders for answering the question to whether death penalty should be abolished or not in South Sudan criminal justice system. This thesis was made by my own personal efforts, with help and consultation of my supervisor Dr. Chima, and an introduction letter obtained from S. Banenya, Dean School of Law. I am grateful to those who have cooperated with me in the field of the research and dedicated their time to answer the questionnaire of this thesis and allowed me to access the necessary facilities. iv TABLE OF CONTENTS DECLARATION....................................................................................................................... i APPROVAL ............................................................................................................................. ii DEDICATION......................................................................................................................... iii ACKNOWLEDGEMENT ...................................................................................................... iv TABLE OF CONTENTS ........................................................................................................ v LIST OF STATUTES & INSTRUMENTS ........................................................................ viii TABLE OF CASES................................................................................................................. ix LIST OF ACRONYMS AND ABBREVIATION ................................................................. x ABSTRACT ............................................................................................................................. xi CHAPTER ONE ...................................................................................................................... 1 1.0 General Introduction ............................................................................................................ 1 1.1 Background of the Study ..................................................................................................... 2 1.2 Statement of the problem ..................................................................................................... 7 1.3 Research Objectives ............................................................................................................. 8 1.3.1. General objective: ............................................................................................................ 8 1.3.2 Specific objectives: ........................................................................................................... 8 1.4 Research question ................................................................................................................ 8 1.5 Significance of the Study ..................................................................................................... 8 1.6 Scope .................................................................................................................................... 9 1.6.1 Geographical Scope .......................................................................................................... 9 1.6.2 Content Scope ................................................................................................................... 9 1.6.3 Time Scope ....................................................................................................................... 9 1.7 Methodology ........................................................................................................................ 9 1.8 Theoretical Framework ...................................................................................................... 10 1.8.1 Theory of punishment ..................................................................................................... 10 v 1.8.1.1 The utilitarian theory .................................................................................................... 10 1.8.1.2 Retribution Theory ....................................................................................................... 11 1.9 Literature Review............................................................................................................... 12 1.10 Organization Layout ........................................................................................................ 15 CHAPTER TWO ................................................................................................................... 16 HISTORICAL DEVELOPMENT OF CAPITAL PUNISHMENT .................................. 16 2.0 Introduction ........................................................................................................................ 16 2.1 Definition of the Term Punishment ................................................................................... 18 2.2 Historical Overview of Death Penalty ............................................................................... 19 2.3 Religious views on Death Penalty ..................................................................................... 22 CHAPTER THREE ................................................................................................................. 31 INTERNATIONAL LAW PERSPECTIVE OF DEATH PENALTY .................................... 31 3.0 Introduction ........................................................................................................................ 31 3.1 The Death Penalty under International Laws ..................................................................... 31 3.1.1 International Covenant on Civil and Political Rights 1996 (ICCPR) ............................. 32 3.1.2 Convention on the Prevention and Punishment of the Crime of Genocide .................... 33 3.2 Institutional Approach to Abolition of death penalty ........................................................ 34 3.2.1 European Union .............................................................................................................. 34 3.2.2 National Human Rights Institutions (NHRIs)................................................................. 35 3.2.3 South Sudan Human Rights Commission ....................................................................... 36 3.2.4 The World Coalition against the Death Penalty ............................................................. 36 3.3 Juvenile offenders .............................................................................................................. 36 3.4 Abolitionism ...................................................................................................................... 39 3.5 Conclusion ......................................................................................................................... 45 vi CHAPTER FOUR .................................................................................................................. 47 THE LAW GOVERNING THE DEATH PENALTY IN SOUTH SUDAN AND EXPOSITION OF ISSUES ................................................................................................... 47 4.1 Introduction ........................................................................................................................ 47 4.2 Overview of the Legal Framework for the death Penalty in South Sudan ........................ 47 4.3 Transitional Constitution ................................................................................................... 47 4.4 The Penal Code Act 2008 .................................................................................................. 47 4.5 The Code of Criminal Procedure Act, 2008. ..................................................................... 48 4.6 Other Laws ........................................................................................................................
Load more

Recommended publications
  • Telegraphic Mining Code Alphabetically Arranged for the Use
    AXM A N V E Y , O G I N E E RS C O LCH ESTE R E N GLAN D , , , L ICE N SE E S AN D M AN U FACT U R E R S FO R E N GLAN D AN D TH E C O L ON IE S O F H U N T I N G D O N ’ S L ROLLER ART NTRI FUGA QU Z MI LL, P L /ER/ZI N I N CON EN TRA I FI NE U l G C TON. I TS P ARTICU L AR M E RITS A R E E conom in x n y e pe se of lant . Eco om in os f r in n y c t o wo g. E co om in sav in d n y g gol . E co om i hi r n y n tran sportation of mac ne y . E conomy in cost of e re ction of mill at mine . E conomy in time req uire d to establish plant at mine (one day only being co sum n ed) . E conomy in management of machinery (its simplicity of constru c ti on obviates the ski nee d of mechanical ll) . E co om r bei de e d . n y in powe r required (a saving of 50 pe cent . ng ren r ) We cl aim especial merit i n t/zat f eature qf t/zis system 5} w/z ie/t we prevent ’ ’ al l owi n o ol a ai ta uicksil ver and til e conse uen t l oss o ol d Mat fl g f g q , q f g ’ attenas stam mil l in p g.
    [Show full text]
  • Sometimes Shocking but Always Hilarious
    The Sound of Hammers Must Never Cease: The Collected Short Stories of Tim Fulmer Party Crasher Press ©2009, 2010, 2014, Tim Fulmer. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, recording or otherwise, without the prior written permission of Tim Fulmer. This book is a work of fiction. Any resemblance to actual events or persons, living or dead, is entirely coincidental and perhaps the result of a psychotic breakdown on the reader’s part. This definitive collection of Tim Fulmer’s highly entertaining short work includes an introduction by the author and sixty-one stories that chronicle the restless lives of what have been called Gen X and Gen Y. From the psychotic disillusionment of inner city life in “Chicago, Sir" and “Mogz & Peeting” to the shocking and disturbing discoveries of suburban dysfunction in “It’s Pleonexia” and “Yankee Sierra,” Tim Fulmer tells us everything we need to know about growing up and living in North America after 1967. His characters are very scary people -- people with too much education, too much time on their hands, and too much insight ever to hold down a real job long enough to buy a house and support a family -- in short, people just like how you and I ought to be all the time. These are stories of concealed poets, enemies of the people, awful bony hands, pink pills, sharp inner pains, Jersey barriers, and exquisite corpses. The language throughout is unadorned, accurate, highly crafted, ecstatic, even grammatically desperate.
    [Show full text]
  • Criminal Justice: Capital Punishment Focus
    Criminal Justice: Capital Punishment Focus Background The formal execution of criminals has been used in nearly all societies since the beginning of recorded history. Before the beginning of humane capital punishment used in today’s society, penalties included boiling to death, flaying, slow slicing, crucifixion, impalement, crushing, disembowelment, stoning, burning, decapitation, dismemberment and scaphism. In earlier times, the death penalty was used for a variety of reasons that today would seem barbaric. Today, execution in the US is used primarily for murder, espionage and treason. The Death Debate Those in support of capital punishment believe it deters crimes and, more often than not believe that certain crimes eliminate one’s right to life. Those who oppose capital punishment believe, first and foremost, that any person, including the government, has no right to take a life for any reason. They often believe that living with one’s crimes is a worse punishment than dying for them, and that the threat of capital punishment will not deter a person from committing a crime. Costs and Procedures On average, it costs $620,932 per trial in federal death cases, which is 8x higher than that of a case where the death penalty is not sought. When including appeals, incarceration times and the execution in a death penalty case, the cost is closer to $3 million per inmate. However, court costs, attorney fees and incarceration for life only totals a little over $1 million. Recent studies have also found that the higher the cost of legal counsel in a death penalty case the less likely the defendant is to receive the death penalty, which calls the fairness of the process into question.
    [Show full text]
  • The Abcs of Assessing Student Teachers' Performance In
    NATIONAL SOCIAL SCIENCE PROCEEDINGS Volume 46 #2 National Technology and Social Science Conference, 2011 Table of Contents Resurgent Foreclosures in Metropolitan Atlanta Counties Housing Market, 2000-2010: Lessons and Challenges for Public Policy Ebenezer O. Aka, Jr., Morehouse College 1 The ABCs of Assessing Student Teachers‟ Performance in Practicum Jane Andrews, Northwest Missouri State University 15 iTeaching: Using Mobile Devices to Deliver Social Science Curriculum Stephen N. Baldridge, Alexandra Moran, Whitney Herrington, Abilene Christian University 19 Dairy Surplus: A Search for Policy Solutions Jacqueline Behling, Central Washington University 30 Fear of Crime in Mexico Ben Brown, The University of Texas at Brownsville Wm. Reed Benedict, Eastern Illinois University 38 Civil Defense Update: Why do you need a „57 Chevy? Barry Bruster, Austin Peay State University 50 Co-chairing a University Department: A Case Study of the Pro‟s and Con‟s of Shared Responsibility Carol Butterfield, Dan Fennerty, Veronica Gomez-Vilchis, Central Washington University 59 Building Relationships in Online Classes by Incorporating Letter Writing, Buddy Systems, and Teaching and Utilizing Proper Netiquette Patti Cost, Weber State University 67 Now How Am I S‟posed to Know That? Addressing the Neglected “R” in Teacher Education Betty Duncan, Lamar University 72 Some Classifications and Features of Sub-Saharan African Countries Bruce A. Forster, University of Nebraska at Kearney 79 What Can Teachers and Principals Do To Better Address the Reading Instructional Needs of English Language Learners? Jerry Garrett, Marshall University 93 Ethnocentrism and Intercultural Willingness to Communicate in U. S. College Students Carrol R. Haggard, Fort Hays State University Margaret Miller Butcher, Online Education Consultants 104 Multicultural Book Club: Creating Third Space through Student-led Discussion and Books with Cultural Content in a Diverse Classroom Marcella J.
    [Show full text]
  • Acrostic Dictionary
    ACROSTIC DICTIONARY C O NTA IN I NG M O R E TH A N TH IR TY TIJO USA JVD WOR DS T H E IR INI TI ALS A N D FINALS ALP HAB E TI CALLY AR RANGE D A Y R IL P E A R SO N’ M RS . C L ON DON G E O R G E R O U T L E D G E A N D S O N S BR DW Y LUDG E H LL OA A , AT I P N EW YORK : 9 LAFAYETTE LACE D W RK S F REFERE N CE STANDAR O O . 0 + ’ ' ’ 5 /z / . ac c oZ/z J rz a 6d. e 3 , ’ H C R A BB S E N G LIS S YN O N YM S . ’ - \VA L K E R S R IIYM IN G DI CT I O N A RY . ' F BA RTL ETT S A M I L I A R Q UO TAT I O N S . IE R E ' A D L E M P R S C L SSI CAL I CTI O N AR Y. ice 25 . ( lo/b P r . N UTTA L L ’ S P R O N O UN CI N G DI CTI O N AR Y & TH E E N H A N G UA E O I G LIS L G . I n c lu d in g m W o r s man y Th o u san d M o d e d c o n n e c te d w ith c ie n c e t e ratu re an l A rt.
    [Show full text]
  • Crowdsourcing Just Punishment for Julian Assange
    Crowdsourcing Just Punishment for Julian Assange Alternative view of segmented documents via Kairos 20 January 2020 | Draft Crowdsourcing Just Punishment for Julian Assange In faithful Christian retribution for daring to speak truth to power -- / -- Introduction Perverse complicity in Christian celebration of pain? Futility of highlighting denial of Christian complicity in torture Promotion of enhanced torture on behalf of the American people Crowdsourcing appropriate punishment for enemies of the American people WikiJustice, WikiRetribution, WikiPunition, or WikiSalvation -- for Assange? Types of torture variously used by Christians and applicable to Assange Hanging, drawing and quartering as symbolic of Christian retribution? Christian complicity in distortion of the truth symbolized by Cross Religious enactment of the suffering and torture of Assange Whistleblowing as a "crime of passion" -- for the truth? References In anticipation of the dramatic outcome of the Trial of Julian Assange (2019) Introduction In a period of so-called just war, within which forms of "just torture" are increasingly evident, the concern in what follows is how best to reflect the highest democratic principles in those countries most inspired by the highest Christian values -- and most implicated in the outcome of the trial of Julian Assange for having spoken truth to power. Those democratic principles now suggest that any consideration of the appropriate punishment of Assange, following his anticipated trial in the USA, should be decided by the American people as a whole -- employing the latest crowdsourcing processes and technology, now so widely available. As a country founded by Christians and primarily inspired by Christian values -- so fundamental to the sworn testimony in court proceedings -- it is especially appropriate to seek inspiration from the forms of retribution with which Christian authorities have been traditionally associated in the USA, and most notably from the time of the Founding Fathers.
    [Show full text]
  • Modern Capital Punishment (Human Sacrifice by a Different Name)
    NOTHING CHANGES—IT ALL REMAINS THE SAME: MODERN CAPITAL PUNISHMENT (HUMAN SACRIFICE BY A DIFFERENT NAME) Patrick S. Metze* I. CEREMONIAL SACRIFICES ................................................................ 181 II. ROMANS ........................................................................................... 182 III. MAYA ............................................................................................... 184 IV. CHRISTIANITY .................................................................................. 185 V. AZTECS ............................................................................................ 186 VI. EUROPEANS ..................................................................................... 187 VII. THE CATHOLIC CHURCH .................................................................. 190 VIII. INFALLIBLE ...................................................................................... 194 IX. DEATH PENALTY .............................................................................. 194 For his yearly Symposium on Criminal Law, Professor Arnold Loewy has asked, “Is capital punishment a good or bad idea?” This question is not as simple as it may seem. As ordered, I will attempt to ignore the tangential questions of morality or the possibility of executing the innocent. For a year now I have wrestled with this question. Knowing Professor Loewy, I have tried to understand the direction in which he was pushing me. Did he want me to talk strictly about the various suggested effects of capital
    [Show full text]
  • Cruel Choice: the Ethics and Morality of the Death Penalty
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by International Institute for Science, Technology and Education (IISTE): E-Journals Research on Humanities and Social Sciences www.iiste.org ISSN 2224-5766 (Paper) ISSN 2225-0484 (Online) Vol.9, No.24, 2019 Cruel Choice: The Ethics and Morality of the Death Penalty Ruth Endam Mbah 1,2,3* Tanisha Pruitt 1,2,3 Divine Forcha Wasum 4 1.International Center for IT and Development (ICITD), Southern University and A&M, LA, USA 2.Department of Public Policy, Southern University and A&M, LA, USA 3. Nelson Mandela Institute for Research (NMIR) 4.Centre International De Formation Européenne, CIFE Nice/Berlin Abstract The death penalty, also known as capital punishment, has been and is still a highly debated issue in society. While many nations around the world have abolished the death penalty as a form of punishment, some nations still emphasize its importance as a valid means for punishing specific types of crimes. The purpose of this study is to investigate the impact of the death penalty on the families of the executed, families of the murder victim and the executed or murderer. This paper is an in-depth analysis of various facts and evidence focusing on the death penalty in the USA. Special attention is paid to the 31 states whose laws permit death penalty as a form of punishment. The evidence reviewed indicates that capital punishment impacts seriously all members of the families involved on both sides, victim and perpetrator, and the entire American society.
    [Show full text]
  • Death Penalty, Is the Killing of a Person by Judicial Process As a Punishment for an Offense
    y Introduction y Records y History y Surviving Executions y Methods y Religious views y Botched Executions y In arts and media y Innocence y y Reducing Philosophy Crime(Chart) y Murder Rates y Deterrence y Discrimination y Costs y Capital punishment, or the death penalty, is the killing of a person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from Latin capitalis, literally "regarding the head" (Latin caput). Hence, a capital crime was originally one punished by the severing of the head. y Execution of criminals and political opponents has been used by nearly all societiesȄboth to punish crime and to suppress political dissent. In most places that practice capital punishment it is reserved for murder, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery, incest and sodomy, carry the death penalty, as do religious crimes such as apostasy in Islamic nations (the formal renunciation of the State religion). In many countries that use the death penalty, drug trafficking is also a capital offense. In China, human trafficking and serious cases of corruption are punished by the death penalty. In militaries around the world courts-martial have imposed death sentences for offenses such as cowardice, desertion, insubordination, and mutiny. The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system.
    [Show full text]
  • Execution of Criminals and Political Opponents Has Been Used by Nearly All Societies—Both to Punish Crime and to Suppress Political Dissent
    Execution of criminals and political opponents has been used by nearly all societies—both to punish crime and to suppress political dissent. In most places that practice capital punishment it is reserved for murder, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery, incest and sodomy, carry the death penalty, as do religious crimes such as apostasy in Islamic nations (the formal renunciation of the state religion). In many countries that use the death penalty, drug trafficking is also a capital offense. In China, human trafficking and serious cases of corruption are punished by the death penalty. In militaries around the world courts-martial have imposed death sentences for offenses such as cowardice, desertion, insubordination, and mutiny.[15] Anarchist Auguste Vaillant guillotined in France in 1894 The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system. Communal punishment for wrongdoing generally included compensation by the wrongdoer, corporal punishment, shunning, banishment and execution. Usually, compensation and shunning were enough as a form of justice.[16] The response to crime committed by neighbouring tribes or communities included formal apology, compensation or blood feuds. A blood feud or vendetta occurs when arbitration between families or tribes fails or an arbitration system is non-existent. This form of justice was common before the emergence of an arbitration system based on state or organised religion. It may result from crime, land disputes or a code of honour.
    [Show full text]
  • Submission Dhaka University Law Journal Is Interested in Original Contributions on Contemporary Or Jurisprudentially Important L
    Submission Dhaka University Law Journal is interested in original contributions on contemporary or jurisprudentially important legal issues from scholars and professionals. This is a peer- reviewed journal, and papers and critical essays are published only after the author(s) has/have resubmitted the paper in compliance with reviewers’ suggestions and recommendations, if there be any. Two copies of manuscripts should be sent to the correspondence address, and a copy must also be submitted by email attachment to: <[email protected]>. A covering-letter giving a short biographical note on the author(s) along with a declaration as to the originality of the work and the non-submission thereof to anywhere else must accompany the manuscripts. Standard articles written on one side of good quality A4-sized papers, double spaced with wide margins, should be of 8,000-10,000 words including footnotes. The contributions must be in journal style outlined below. References, Footnotes and Layout The text must contain appropriate headings, subheadings and authoritative footnotes. The footnotes should be numbered consecutively and typed single spaced at the bottom of each relevant page. Citations conform generally to a Uniform System of Citation. Thus the style should be as follows: Journal Articles: Single Author Antonio Cassese, ‘The Nicaragua and Tadić Tests Revisited in the Light of the ICJ Judgment on Genocide in Bosnia’ (2007) 18 European Journal of International Law 649, 651. [Here, the pinpoint reference is to page 651 which is preceded by the starting page 649 and a comma and space.] Journal Articles: Multiple Authors Taslima Monsoor and Raihanah Abdullah, ‘Maintenance to Muslim Women in Bangladesh and Malaysia: Is the Judiciary Doing Enough?’ (2010) 21(2) Dhaka University Law Journal 39, 47.
    [Show full text]
  • A Critical Appraisal of Capital Punishment in Nigeria Judicial System
    International Journal of Humanities and Social Science Invention (IJHSSI) ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714 www.ijhssi.org ||Volume 8 Issue 11 Ser. II || November 2019 || PP 47-62 A Critical Appraisal of Capital punishment in Nigeria Judicial system Njoku, Donatus Ikechukwu Department of Law, Ebonyi State University, PMB 053, Nigeria. Corresponding Author: Njoku ABSTRACT: The essence of law is for the favor of societal control. This is properly captured in the Latin maxim "ubi societal ubi jus 'which indicates that in every civilized society, there exist a law. To actualize this goal, a penal method technically called criminal justice system has been introduced to secure public order through the instrumentality of punishment under the principles of "nullum crimen, nulla poena sine lege"- nothing is crime unless it is written and its punishment stated. The presumption is that any person outside this system is innocent. However, in time with the adversary legal system in Nigeria, an accused person who has just entered the system is also presumed innocent until convicted by a court of competent jurisdiction. This principle of legality -is a core value, a human right-captured under many international treaties like the Article 11 of the Universal Declaration of Human Right (UDHR) 1948, European Convention for the protection of Human Rights and Fundamental Freedoms (ECHR) 1950 et al. actually, it The law legal maxim "nemo dat guod non habet" should appropriately apply here that "no one can take what he does not give, as one cannot give what he does not have as encapsulated in the common law rule.
    [Show full text]