9789041193124

The Death Penalty in Russia

by ;
  • ISBN13:

    9789041193124

  • ISBN10:

    904119312X

  • Format: Hardcover
  • Copyright: 1999-04-01
  • Publisher: Aspen Pub

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Summary

In the twentieth century few societies have vacillated between extremes on the death penalty as has Russia. Taking the century as a whole, few countries have used capital punishment so massively, whether judicially or extrajudicially. Dr. Mikhlin's study is an invaluable contribution to this debate. He offers statistics, official and unofficial, On the death penalty which inform the discussion, but more importantly, he addresses issues which have been largely ignored, even in the specialist literature. These include an examination of the purposes of chastisement in the form of capital punishment And The internal procedures followed with respect to pardons, As well as the regimes under which prisoners are confined And The theories of punishment responsible For The configuration of these regimes. He explores the legal status of persons sentenced to death and, On a comparative basis, The means by which the sentence is carried out. the work is intended for scholars, students, postgraduates, and those who work in agencies which execute punishments, The courts And The Ministry of Justice, As well as For The general reader with an interest in the issue of the death penalty.

Author Biography

Alexander Solomonovich Mikhlin is a Senior Scientific Associate with the All-Russian Scientific Research Institute of the Ministry of Internal Affairs of the Russian Federation and a member of scientific-advisory councils in the State Duma and the Soviet of the Federation of the Federal Assembly of the Russian Federation and the Supreme Court of Russia.

Table of Contents

Tables & Diagrams
iii(2)
Foreword v(6)
Introduction xi
Chapter 1. Concept of Death Penalty and History of its Application
1(32)
1. CONCEPT OF DEATH PENALTY
1(7)
2. DEATH PENALTY IN PREREVOLUTIONARY RUSSIA
8(9)
3. DEATH PENALTY IN THE USSR AND RUSSIAN FEDERATION
17(5)
4. DEATH PENALTY IN FOREIGN COUNTRIES
22(11)
Chapter 2. Legal Regulation of Application of the Death Penalty According to Criminal Legislation in Force in the Russian Federation
33(44)
1. LIMITS OF APPLICATION OF DEATH PENALTY AND LIMITATION THEREOF
33(22)
(1) Demographic Principle
33(1)
Nonapplication of Death Penalty to Minors and Elderly People
34(4)
Nonapplication of the Death Penalty to Pregnant Women and to Women in General
38(4)
Nonapplication of Death Penalty to Mentally-Ill Persons
42(5)
(2) Criminal-Law Principle
47(8)
2. PRACTICE OF ASSIGNMENT OF DEATH PENALTY
55(13)
3. PROCEDURAL GUARANTEES WHEN ASSIGNING THE DEATH PENALTY
68(9)
Chapter 3. Personality Characteristics of Persons Sentenced to Death Penalty
77(26)
1. SOCIO-DEMOGRAPHIC CHARACTERISTICS
78(10)
Age
78(4)
Family Status
82(3)
Education
85(1)
Nature of Occupation Before Arrest
85(3)
2. CRIMINAL-LAW CHARACTERISTICS
88(5)
Qualification of Crime Committed
88(1)
Characteristics of Act Committed
89(1)
Number of Records of Conviction
90(3)
3. CRIMINAL-EXECUTORY CHARACTERISTICS
93(10)
Chapter 4. Pardoning of Persons Sentenced to Death Penalty
103(32)
1. CONCEPT OF PARDON AND RIGHT TO PARDON OF PERSONS SENTENCED TO DEATH PENALTY
103(7)
2. PROCEDURE AND PRACTICE OF PARDONING PERSONS SENTENCED TO DEATH PENALTY
110(12)
3. LEGAL REGULATION OF SERVING PUNISHMENT BY PERSONS FOR WHOM DEATH PENALTY HAS BEEN REPLACED BY DEPRIVATION OF FREEDOM BY WAY OF PARDON
122(13)
Chapter 5. Legal Regulation of Execution of Death Penalty
135(24)
1. LEGAL STATUS OF PERSONS SENTENCED TO DEATH PENALTY
135(7)
2. METHODS AND PROCEDURE FOR EXECUTION OF DEATH PENALTY
142(17)
Chapter 6. In Lieu of Conclusion
159
General Deterrent Significance of Death Penalty
159(7)
Impossibility of Rectifying Judicial Error
166(2)
The Death Penalty: An Excessively Cruel Punishment
168(2)
Public Opinion on the Abolition of the Death Penalty
170(3)
Abolition of the Death Penalty and Problem of Humanity
173(3)
Other Arguments of Proponents of Death Penalty
176(1)
Problem of Death Penalty in Light of Russia Joining Council of Europe
177(2)
Prospects for Abolition of Death Penalty in Russia
179
TABLES & DIAGRAMS
Table 1 Dynamics of Persons Sentenced to Death Penalty
56
Table 2 Dynamics of Persons Sentenced to Death Penalty for Various Crimes
62
Table 3 Share of Persons Sentenced to Death Penalty for Intentional Homicide under Aggravating Circumstances
65
Table 4 Distribution of Convicted Persons by Age
80
Table 5 Distribution of Persons Sentenced to Death by Age
82
Table 6 Pardons Granted 1956-65
116
Table 7 Pardons Granted 1985-92
117
Table 8 Pardons Granted 1985-96
118
Diagram 1 Persons Sentenced to Death Penalty in Russia
58
Diagram 2 Death Penalty in Russia
64
Diagram 3 Application of Death Penalty to Those Convicted for Homicide under Article 102 of 1960 Criminal Code
67
Diagram 4 Relative Density Distribution by age of Persons Sentenced to Death and All Convicted Persons
83
Diagram 5 Percentage of Convicted Persons not Married
86
Diagram 6 Percentage of Persons without Definite Occupations Among Persons Sentenced to Death Penalty and All Convicted Persons
87
Diagram 7 Number of Records of Conviction
91
Diagram 8 Number of Convicted Persons with Previous Record of Conviction
92
Diagram 9 Attitude towards Labour of Pardoned Persons and All Convicted Persons
98
Diagram 10 General Characteristics of Pardoned Persons and all convicted Persons
100

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