Judicial murder

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Adolf Reichwein before a Nazi People's Court. He was a victim of judicial murder after a show trial. Bundesarchiv Bild 151-11-29, Volksgerichtshof, Adolf Reichwein.jpg
Adolf Reichwein before a Nazi People's Court. He was a victim of judicial murder after a show trial.

Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment; [2] therefore, it is a subset of wrongful execution. The Oxford English Dictionary describes it as "death inflicted by process of law, capital punishment, esp. considered to be unjust or cruel". [3] Judicial murder should not be confused with judicial homicide, which may include the carrying out of capital punishment.

Contents

Example

An early case in which charges of judicial murder were raised was the Amboyna massacre in 1623, which caused a legal dispute between the English and Dutch governments over the conduct of a court in the Dutch East Indies that had ordered the execution of ten English men accused of treason. The dispute centered around differing interpretations of the legal jurisdiction of the court in question. The English believed that this court had not been competent to try and execute these EIC members, and so believed the executions to have been fundamentally illegal, thus constituting "judicial murder". The Dutch, on the other hand, believed the court to have been fundamentally competent, and wished to focus instead on misconduct of the particular judges in the court.

Another early use of the term occurs in Northleigh's Natural Allegiance of 1688; "He would willingly make this Proceeding against the Knight but a sort of Judicial Murder". [4]

In 1777 Voltaire used the comparable term of assassins juridiques ("judicial murderers"). Voltaire was an avowed opponent of capital punishment as such, but most noted for critiquing the French justice system in cases of judicial error, including the infamous cases of Jean Calas, who was executed (allegedly innocent) and Pierre-Paul Sirven, who was acquitted.

The term was used in German (Justizmord) in 1782 by August Ludwig von Schlözer in reference to the execution of Anna Göldi. In a footnote, he explains the term as

"the murder of an innocent, deliberately, and with all the pomp of holy Justice, perpetrated by people installed to prevent murder, or, if a murder has occurred, to see to it that it is punished appropriately." [5]

In 1932, the term is also used by Justice Sutherland in Powell v. Alabama when establishing the right to a court-appointed attorney in all capital cases:

Let us suppose the extreme case of a prisoner charged with a capital offense who is deaf and dumb, illiterate and feeble minded, unable to employ counsel, with the whole power of the state arrayed against him, prosecuted by counsel for the state without assignment of counsel for his defense, tried, convicted and sentenced to death. Such a result … if carried into execution, would be little short of judicial murder.

Hermann Mostar (1956) defends the extension of the term to un-premeditated miscarriages of justice where an innocent suffers the death penalty. [6]

Show trials

The term is often applied to show trials that result in a death penalty, and has been applied to the deaths of Nikolai Bukharin, [7] Milada Horáková, [8] the eleven people executed after the Slánský trial [9] [10] and Zulfikar Ali Bhutto.

In 1985 the West German Bundestag declared that the Nazi People's Court was an instrument of judicial murder. [11]

See also

Related Research Articles

Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment for a crime, usually following an authorised, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.

<span class="mw-page-title-main">Capital punishment in the United Kingdom</span> History of the death penalty in the UK

Capital punishment in the United Kingdom predates the formation of the UK, having been used within the British Isles from ancient times until the second half of the 20th century. The last executions in the United Kingdom were by hanging, and took place in 1964; capital punishment for murder was suspended in 1965 and finally abolished in 1969. Although unused, the death penalty remained a legally defined punishment for certain offences such as treason until it was completely abolished in 1998; the last execution for treason took place in 1946. In 2004 the 13th Protocol to the European Convention on Human Rights became binding on the United Kingdom; it prohibits the restoration of the death penalty as long as the UK is a party to the convention.

<span class="mw-page-title-main">Hamida Djandoubi</span> Tunisian murderer, last person to be executed in Western Europe (1949–1977)

Hamida Djandoubi was a Tunisian convicted murderer sentenced to death in France. He moved to Marseille in 1968, and six years later he kidnapped, tortured, and murdered 22-year-old Élisabeth Bousquet. He was sentenced to death in February 1977 and executed by guillotine in September that year. He was the last person to be executed in Western Europe, and also the last person to be lawfully executed by beheading anywhere in the Western world, although he was not the last person sentenced to death in France. Marcel Chevalier served as chief executioner.

<span class="mw-page-title-main">Capital punishment in the United States</span> Legal penalty in the United States

In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. It is usually applied for only the most serious crimes, such as aggravated murder. Although it is a legal penalty in 27 states, 20 states have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums.

<span class="mw-page-title-main">Capital punishment in California</span> Legal penalty in the US state of California

In the U.S. state of California, capital punishment is not allowed to be carried out as of March 2019, because executions were halted by an official moratorium ordered by Governor Gavin Newsom. Before the moratorium, executions had been frozen by a federal court order since 2006, and the litigation resulting in the court order has been on hold since the promulgation of the moratorium. Thus, there will be a court-ordered moratorium on executions after the termination of Newsom's moratorium if capital punishment remains a legal penalty in California by then.

Capital punishment is one of two possible penalties for aggravated murder in the U.S. state of Oregon, with it being required by the Constitution of Oregon.

Roper v. Simmons, 543 U.S. 551 (2005), is a landmark decision by the Supreme Court of the United States in which the Court held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5–4 decision overruled Stanford v. Kentucky, in which the court had upheld execution of offenders at or above age 16, and overturned statutes in 25 states.

<span class="mw-page-title-main">Willie Francis</span> Execution survivor (1929–1947)

Willie Francis was an American teenager known for surviving a failed execution by electrocution in the United States. He was a convicted juvenile sentenced to death at age 16 by the state of Louisiana in 1945 for the murder of Andrew Thomas, a pharmacy owner in St. Martinville who had once employed him. In the modern day, Francis's guilt has been disputed. He was 17 when he survived the first attempt to execute him, as the chair malfunctioned. After an appeal of his case taken to the Supreme Court of the United States failed, he was executed in 1947 at age 18.

Herrera v. Collins, 506 U.S. 390 (1993), was a case in which the Supreme Court of the United States ruled by 6 votes to 3 that a claim of actual innocence does not entitle a petitioner to federal habeas corpus relief by way of the Eighth Amendment's ban on cruel and unusual punishment.

Wrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capital punishment. Cases of wrongful execution are cited as an argument by opponents of capital punishment, while proponents say that the argument of innocence concerns the credibility of the justice system as a whole and does not solely undermine the use of the death penalty.

<span class="mw-page-title-main">Capital punishment in Germany</span> Overview of capital punishment in Germany

Capital punishment in Germany has been abolished for all crimes, and is now explicitly prohibited by constitution. It was abolished in West Germany in 1949, in the Saarland in 1956, and East Germany in 1987. The last person executed in Germany was the East German Werner Teske, who was executed at Leipzig Prison in 1981.

<span class="mw-page-title-main">Capital punishment in Taiwan</span> Overview of capital punishment in Taiwan

Capital punishment is a legal penalty in Taiwan. The death penalty can be imposed for murder, treason, drug trafficking, piracy, terrorism, and especially serious cases of robbery, rape, and kidnapping, as well as for military offences, such as desertion during war time. In practice, however, all executions in Taiwan since the early 2000s have been for murder.

<span class="mw-page-title-main">Capital punishment in Australia</span> History of the death penalty in Australia

Capital punishment in Australia was a form of punishment in Australia that has been abolished in all jurisdictions. Queensland abolished the death penalty in 1922. Tasmania did the same in 1968. The Commonwealth abolished the death penalty in 1973, with application also in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, and Western Australia in 1984. New South Wales abolished the death penalty for murder in 1955, and for all crimes in 1985. In 2010, the Commonwealth Parliament passed legislation prohibiting the re-establishment of capital punishment by any state or territory. Australian law prohibits the extradition or deportation of a prisoner to another jurisdiction if they could be sentenced to death for any crime.

"Reflections on the Guillotine" is an extended essay written in 1957 by Albert Camus. In the essay Camus takes an uncompromising position for the abolition of the death penalty. Camus's view is similar to that of Cesare Beccaria and the Marquis de Sade, the latter having also argued that murder premeditated and carried out by the state was the worst kind. Camus states that he does not base his argument on sympathy for the convicted but on logical grounds and on proven statistics. Camus also argues that capital punishment is an easy option for the government where remedy and reform may be possible.

Capital punishment in Georgia was completely abolished on 1 May 2000 when Protocol 6 to the ECHR was signed. Later Georgia also adopted the Second Optional Protocol to the ICCPR. Capital punishment was replaced with life imprisonment.

Wilkerson v. Utah, 99 U.S. 130 (1879), is a United States Supreme Court case in which the Court affirmed the judgment of the Supreme Court of the Territory of Utah in stating that execution by firing squad, as prescribed by the Utah territorial statute, was not cruel and unusual punishment under the Eighth Amendment to the United States Constitution.

The debate over capital punishment in the United States existed as early as the colonial period. As of April 2022, it remains a legal penalty within 28 states, the federal government, and military criminal justice systems. The states of Colorado, Delaware, Illinois, Maryland, New Hampshire, Virginia, and Washington abolished the death penalty within the last decade alone.

<span class="mw-page-title-main">Capital punishment in Lithuania</span>

Capital punishment in Lithuania was ruled unconstitutional and abolished for all crimes in 9 December 1998. Lithuania is a member of the Council of Europe and has signed and ratified Protocol 13 of the European Convention on Human Rights on complete abolition of death penalty. From March 1990 to December 1998, Lithuania executed seven people, all men. The last execution in the country occurred in July 1995, when Lithuanian mafia boss Boris Dekanidze was executed.

Glossip v. Gross, 576 U.S. 863 (2015), was a United States Supreme Court case in which the Court held, 5–4, that lethal injections using midazolam to kill prisoners convicted of capital crimes do not constitute cruel and unusual punishment under the Eighth Amendment to the United States Constitution. The Court found that condemned prisoners can only challenge their method of execution after providing a known and available alternative method.

Capital punishmentin Kuwait is legal. Hanging is the method of choice for civilian executions. However, shooting is a legal form of execution in certain circumstances.

References

  1. "German Resistance Memorial Center - Biographie". www.gdw-berlin.de. Retrieved 30 August 2020.
  2. Fowler, H. W. (14 October 2010). A Dictionary of Modern English Usage: The Classic First Edition. OUP Oxford. p. 310. ISBN   978-0-19-161511-5.
  3. Judicial murder at OED; retrieved 18 July 2018
  4. J Northleigh, Natural allegiance, and a national protection, truly stated, being a full answer to Dr. G. Burnett's vindication of himself. vi. p37 (1688); quoted in OED
  5. „Ermordung eines Unschuldigen, vorsätzlich, und so gar mit allem Pompe der heil. Justiz, verübt von Leuten, die gesetzt sind, daß sie verhüten sollen, daß ein Mord geschehe, oder falls er geschehen, doch gehörig gestraft werde.“ (von Schlözer, p. 273)
  6. Hermann Mostar. Unschuldig verurteilt! Aus der Chronik der Justizmorde. Herbig-Verlag, Munich (1956)
  7. Wasserstein, Bernard (2009). Barbarism and Civilization: A History of Europe in Our Time. Oxford University Press. p. 198. ISBN   978-0-19-873073-6.
  8. Day, Barbara (November 2019). Trial by Theatre: Reports on Czech Drama. Charles University in Prague, Karolinum Press. p. 112. ISBN   978-80-246-3953-6.
  9. Shenk, T. (17 December 2013). Maurice Dobb: Political Economist. Springer. p. 194. ISBN   978-1-137-29702-0.
  10. Judt, Tony (2006). Postwar: A History of Europe Since 1945. Penguin. p. 186. ISBN   978-0-14-303775-0.
  11. German Bundestag, 10th Term of Office, 118. plenary session. Bonn, Friday, 25 January 1985. Protocol, p. 8762: "The Volksgerichtshof was an instrument of state-sanctioned terror, which served one single purpose, which was the destruction of political opponents. Behind a juridical facade, state-sanctioned murder was committed." PDF Archived 3 June 2016 at the Wayback Machine , accessed 3 May 2016