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The Death PenaltyA Worldwide Perspective$
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Roger Hood CBE QC (Hon) DCL FBA and Carolyn Hoyle

Print publication date: 2008

Print ISBN-13: 9780199228478

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199228478.001.0001

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Protecting the Accused and Ensuring Due Process

Protecting the Accused and Ensuring Due Process

(p.215) 7 Protecting the Accused and Ensuring Due Process
The Death Penalty

Roger Hood

Carolyn Hoyle

Oxford University Press

This chapter examines the evidence of the extent to which procedures are in place to guarantee a fair and impartial trial, adequate counsel for the defence of the accused, and the right to appeal and to seek pardon or clemency, so that no innocent persons, or others undeserving of such severe punishment, are sentenced to death and executed. It includes a discussion of the issues posed by allowing relatives of victims of murder to testify about the impact of the crime on them at the stage when the appropriate sentence — life or death — is under consideration. The review of the evidence suggests how easy it is for abuses of human rights to occur when capital punishment is left on the statute book and put into effect.

Keywords:   human rights, fair trial, appeal, pardon, impact statement, due process, defence

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