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Details
Table of Contents
Intro
Foreword
Preface
Authors Note
Contents
Editors and Contributors
The Death Penalty in ASEAN: Steadfastly Retentionist?
1 Introduction
2 The Social Context of the Death Penalty in ASEAN
3 International Human Rights, the Right to Life and Legislation on the Death Penalty in ASEAN
4 The ASEAN Way: A Tool for Justice or a Brutal Method of Punishment?
5 Conclusion
References
Fact or Fiction? Deconstructing the Death Penalty as a Deterrent to Crime in ASEAN
1 Introduction
2 The Technical and Conceptual Errors Plaguing the Statistical Research
3 The Theoretical Models of Deterrence for Capital Crimes
4 Theories and Arguments that De-construct the Deterrence Position
4.1 Knowledge and Understanding of Implications of the Law
4.2 The Rational Choices Between Illegal and Legal Behaviour (Challenges to the Rational Choice Theory in the Context of Deterrence)
4.3 Perceived Net-Cost
4.4 The 'Brutalisation Effect' and the Political Function of the Death Penalty
4.5 Other Possible Deterrents/Alternatives
5 Conclusion: In the Absence of Evidence
References
'Most Serious Crimes': Searching for a Common Interpretation in ASEAN
1 Introduction
2 Overview of the Legal Application of Capital Punishment in ASEAN
3 Interpretation of 'Most Serious Crimes' in Indonesia, Malaysia, Singapore, Thailand, and Vietnam
3.1 Drug-Related Crimes
3.2 Crimes Against the State and Military Codes
3.3 Offences Affecting the Orderly and Just Administration of Public Business, and Economic Crimes
4 'Most Serious Crimes': The International Threshold
5 Unpacking the Concepts and Problems Around Various Interpretations of 'Most Serious Crimes'
6 Conclusion
References
Unpacking Dignity for Death Row Inmates in Southeast Asia
1 Introduction
2 What Is Human Dignity?
2.1 Unpacking Dignity
2.2 The Concept of Human Dignity in Southeast Asian Countries
2.3 Dignity and Death Row
3 Fully Guaranteeing Rights to the Due Process of Law in Light of Capital Punishment
3.1 Protection Against Coercion
3.2 Protection Against Arbitrary Arrest and Detention
3.3 Securing Impartiality of the Judiciary
3.4 Legal Aid for Death Row Inmates
4 Is a 'Humane' Execution Even Possible?
4.1 All Methods Are Problematic
4.2 The Execution Protocol
5 Hidden Victims: The Family of Death Row Inmates
6 Conclusion
References
Authoritarian Regimes and the Media: How They Shape Perception and Support for Capital Punishment in ASEAN
1 Introduction
2 Popular Support in the Region: Apparent or Real?
3 Capital Punishment and the Attitude of Regimes in the Region
4 Capital Punishment and the Media
4.1 The State of the Media in the Region
4.2 The Interplay of Media, Politics, and Public Opinion
5 Final Points and Observations
Foreword
Preface
Authors Note
Contents
Editors and Contributors
The Death Penalty in ASEAN: Steadfastly Retentionist?
1 Introduction
2 The Social Context of the Death Penalty in ASEAN
3 International Human Rights, the Right to Life and Legislation on the Death Penalty in ASEAN
4 The ASEAN Way: A Tool for Justice or a Brutal Method of Punishment?
5 Conclusion
References
Fact or Fiction? Deconstructing the Death Penalty as a Deterrent to Crime in ASEAN
1 Introduction
2 The Technical and Conceptual Errors Plaguing the Statistical Research
3 The Theoretical Models of Deterrence for Capital Crimes
4 Theories and Arguments that De-construct the Deterrence Position
4.1 Knowledge and Understanding of Implications of the Law
4.2 The Rational Choices Between Illegal and Legal Behaviour (Challenges to the Rational Choice Theory in the Context of Deterrence)
4.3 Perceived Net-Cost
4.4 The 'Brutalisation Effect' and the Political Function of the Death Penalty
4.5 Other Possible Deterrents/Alternatives
5 Conclusion: In the Absence of Evidence
References
'Most Serious Crimes': Searching for a Common Interpretation in ASEAN
1 Introduction
2 Overview of the Legal Application of Capital Punishment in ASEAN
3 Interpretation of 'Most Serious Crimes' in Indonesia, Malaysia, Singapore, Thailand, and Vietnam
3.1 Drug-Related Crimes
3.2 Crimes Against the State and Military Codes
3.3 Offences Affecting the Orderly and Just Administration of Public Business, and Economic Crimes
4 'Most Serious Crimes': The International Threshold
5 Unpacking the Concepts and Problems Around Various Interpretations of 'Most Serious Crimes'
6 Conclusion
References
Unpacking Dignity for Death Row Inmates in Southeast Asia
1 Introduction
2 What Is Human Dignity?
2.1 Unpacking Dignity
2.2 The Concept of Human Dignity in Southeast Asian Countries
2.3 Dignity and Death Row
3 Fully Guaranteeing Rights to the Due Process of Law in Light of Capital Punishment
3.1 Protection Against Coercion
3.2 Protection Against Arbitrary Arrest and Detention
3.3 Securing Impartiality of the Judiciary
3.4 Legal Aid for Death Row Inmates
4 Is a 'Humane' Execution Even Possible?
4.1 All Methods Are Problematic
4.2 The Execution Protocol
5 Hidden Victims: The Family of Death Row Inmates
6 Conclusion
References
Authoritarian Regimes and the Media: How They Shape Perception and Support for Capital Punishment in ASEAN
1 Introduction
2 Popular Support in the Region: Apparent or Real?
3 Capital Punishment and the Attitude of Regimes in the Region
4 Capital Punishment and the Media
4.1 The State of the Media in the Region
4.2 The Interplay of Media, Politics, and Public Opinion
5 Final Points and Observations