The JCPC held in some cases, the law that makes capital punishment mandatory for murder will violate the prohibition on "inhuman or degrading punishment" in the Constitution of Trinidad and Tobago. (This principle is consistent with the 2002 JCPC cases of Hughes, Fox, and Reyes.) However, because (1) the Constitution of Trinidad and Tobago disallows itself to act to invalidate laws that existed prior to the enactment of the constitution, and (2) the law in question pre-dated the constitution, the mandatory death provisions of the law could not be invalidated and must be upheld.
In Boyce v R, which was released on the same day, the JCPC applied the same principles to a similar law in Barbados. Matthew overruled and declared as wrongly decided the November 2003 JCPC decision of Roodal v S, which interpreted the Constitution of Trinidad and Tobago as invalidating the law on mandatory capital punishment for murder.
The Eighth Amendment to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The amendment serves as a limitation upon the state or federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689.
Furman v. Georgia, 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court decided that arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment. It was a per curiam decision. Five justices each wrote separately in support of the decision. Although the justices did not rule that the death penalty was unconstitutional, the Furman decision invalidated the death sentences of nearly 700 people. The decision mandated a degree of consistency in the application of the death penalty. This case resulted in a de facto moratorium of capital punishment throughout the United States. Dozens of states rewrote their death penalty laws, most of which were upheld in the 1976 case Gregg v. Georgia.
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 (1976), is a landmark decision of the U.S. Supreme Court. It reaffirmed the Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg. The set of cases is referred to by a leading scholar as the July 2 Cases, and elsewhere referred to by the lead case Gregg. The court set forth the two main features that capital sentencing procedures must employ in order to comply with the Eighth Amendment ban on "cruel and unusual punishments". The decision essentially ended the de facto moratorium on the death penalty imposed by the Court in its 1972 decision in Furman v. Georgia (1972). Justice Brennan's dissent famously argued that "The calculated killing of a human being by the State involves, by its very nature, a denial of the executed person's humanity... An executed person has indeed 'lost the right to have rights.'"
The Caribbean Court of Justice is the judicial institution of the Caribbean Community (CARICOM). Established in 2005, it is based in Port of Spain, Trinidad and Tobago.
Capital punishment in Germany has been abolished for all crimes, and is now explicitly prohibited by the 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.
Capital punishment is a legal penalty in Malaysian law.
Anand Ramlogan is a member of the Bar of Trinidad and Tobago, England & Wales and the British Virgin Islands. He is the founder and head of Freedom Law Chambers which is based in the city of San Fernando, Trinidad. He served as junior counsel to the late Sir Fenton Ramsahoye QC in whose footsteps he followed to become the Attorney General of Trinidad and Tobago during the period 28 May 2010 – 2 February 2015. As Attorney General, he was also the titular head of the bar.
The Judiciary of Barbados is an independent branch of the Barbadian government, subject only to the Barbadian Constitution. It is headed by the Chief Justice of Barbados. Barbados is a common law jurisdiction, in which precedents from English law and British Commonwealth tradition may be taken into account.
S v Makwanyane and Another was a landmark 1995 judgment of the Constitutional Court of South Africa. It established that capital punishment was inconsistent with the commitment to human rights expressed in the Interim Constitution. The court's ruling invalidated section 277(1)(a) of the Criminal Procedure Act 51 of 1977, which had provided for use of the death penalty, along with any similar provisions in any other law in force in South Africa. The court also forbade the government from carrying out the death sentence on any prisoners awaiting execution, ruling that they should remain in prison until new sentences were imposed. Delivered on 6 June, this was the newly established court's "first politically important and publicly controversial holding."
Yong Vui Kong v. Public Prosecutor was a seminal case decided in 2010 by the Court of Appeal of Singapore which, in response to a challenge by Yong Vui Kong, a convicted drug smuggler, held that the mandatory death penalty imposed by the Misuse of Drugs Act ("MDA") for certain drug trafficking offences does not infringe Articles 9(1) and 12(1) of the Constitution of Singapore.
The Criminal Law Amendment Act, 1997 is an act of the Parliament of South Africa which dealt with the consequences of the Constitutional Court's ruling in S v Makwanyane in which capital punishment was declared to be unconstitutional. The act repealed the laws allowing for the death penalty and amended various other laws referring to death sentences or capital offences. It also established a procedure by which existing death sentences could be converted to prison sentences, and fixed minimum sentences for certain serious crimes. The act came into force on 13 November 1998, except for the minimum sentencing provisions, which came into force on 1 May 1998.
The United States Constitution contains several provisions related to criminal sentencing.
R v Hughes is a 2002 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in Saint Lucia for capital punishment to be the mandatory sentence for murder. The JCPC held that because the Constitution of Saint Lucia prohibits "inhuman or degrading punishment", following a murder conviction, a trial judge must have discretion to impose a lesser penalty than death by hanging; capital punishment may be applied only in those cases that contain aggravating factors as compared to other murder cases.
Fox v R is a 2002 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in Saint Kitts and Nevis for capital punishment to be the mandatory sentence for murder. The JCPC held that because the Constitution of Saint Kitts and Nevis prohibits "inhuman or degrading punishment", following a murder conviction, a trial judge must have discretion to impose a lesser penalty than death by hanging; capital punishment may be applied only in those cases that contain aggravating factors as compared to other murder cases.
Reyes v R is a 2002 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in Belize for capital punishment to be the mandatory sentence for murder. The JCPC held that because the Constitution of Belize prohibits "inhuman or degrading punishment", following a murder conviction, a trial judge must have discretion to impose a lesser penalty than death by hanging; capital punishment may be applied only in those cases that contain aggravating factors as compared to other murder cases.
Boyce v R is a 2004 Judicial Committee of the Privy Council (JCPC) case which upheld the law that sets out a mandatory sentence of death for murder in Barbados.
Bowe v R is a 2006 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in the Bahamas for capital punishment to be the mandatory sentence for murder. The JCPC held that because the Constitution of the Bahamas contains a qualified right to life and prohibits "inhuman or degrading punishment", following a murder conviction, a trial judge must have discretion to impose a lesser penalty than death by hanging; capital punishment may be applied only in those cases that contain aggravating factors as compared to other murder cases.
Capital punishment in Bangladesh is a legal form of punishment for anyone who is over 16, however in practice it would not apply to people under 18. Crimes that are currently punishable by death in Bangladesh are set out in the Penal Code 1860. These include waging war against the State, abetting mutiny, giving false evidence upon which an innocent person suffers death, murder, assisted suicide of a child, attempted murder of a child, and kidnapping. The Code of Criminal Procedure 1898 provides that a person awarded the death penalty "be hanged by the neck until he is dead." For murder cases, the Appellate Division requires trial courts to weigh aggravating and mitigating factors to determine whether the death penalty is warranted.
Capital punishment is a legal penalty in Trinidad and Tobago. The method of execution is hanging. Its last execution was of Anthony Briggs for murder on 28 July 1999. However, the country is still considered "retentionist' due to lack of "an established practice or policy against carrying out executions." Trinidad and Tobago is the only country in the Americas that retains the mandatory death penalty for murder.
Sumner v. Shuman, 483 U.S. 66 (1987), was a case in which the Supreme Court of the United States held that a mandatory death penalty for a prison inmate who is convicted of murder while serving a life sentence without possibility of parole is unconstitutional. The decision in this case was a significant development in the Court's capital punishment jurisprudence, further clarifying the limits on the application of the death penalty in the United States.
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