The court or other sentencing authority retains no discretion to take into account the facts of the offense or the characteristics of each individual offender; instead, each offender is sentenced to death regardless of any mitigating circumstances that may apply.
In their report, issued on 30 Marchthey argued against the mandatory death penalty: I use Sabah as an example, but it's by no the means the only source of such vulnerable demographics.
Beginning ina series of cases decided by the Judicial Committee of the Privy Council JCPC and the Eastern Caribbean Court of Appeal struck down the mandatory death penalty in a number of Caribbean countries; the death penalty was repealed by statute in others.
Misuse of Drugs Act[ edit ] The Singapore embarkation card contains a warning to visitors about the death penalty for drug trafficking.
Four days before Yong was supposed to be hanged, I filed a Criminal Motion seeking leave to pursue an appeal on the grounds that the mandatory death penalty was unconstitutional. But Judge Loh completely ignored the evidence I produced in Once a Jolly Hangman even though he claimed to have read it from cover to cover.
There are strong arguments for changing the mandatory nature of capital punishment in Singapore.
Barbados, the Inter-American Court on Human Rights affirmed that laws that prohibit individualized sentencing are inherently arbitrary: Under Section 10 11 of the Act: If the death penalty itself is not proven to deter any more than the penalty of life imprisonment, then the introduction of some discretion in the sentencing of those convicted of trafficking in drugs cannot possibly be rejected on the grounds of deterrence.
These remarks were widely reported in the Singaporean media. Under Schedule 2 of the Misuse of Drugs Act  any person importing, exporting, or found in possession of more than the following quantities of drugs receives a mandatory death sentence: The Ministry of Home Affairs also refuted Amnesty International's claims of the majority of the executed being foreigners, and that it was "mostly the poor, least educated, and vulnerable people who are executed.
If the death penalty itself is not proven to deter any more than the penalty of life imprisonment, then the introduction of some discretion in the sentencing of those convicted of trafficking in drugs cannot possibly be rejected on the grounds of deterrence.
He was the first European to be executed in Singapore since the country gained independence in In addition I sought to admit the evidence of Professor Fagan  and his published article comparing Hong Kong and Singapore which dealt with the question of deterrence .
As a result, we're left with a knee-jerk reaction to a problem that's a lot more complicated than we're willing to admit. Judges should be given the discretion to impose the death penalty only where deemed appropriate.
She is currently serving a life sentence. Several courts have ruled that the death penalty violates the New York Constitution see People v. The mandatory death penalty is on the decline, largely as a result of judicial challenges to its application.
He is then positioned over twin trapdoors. Almost every single Malaysian media outlet was present at the press conference Mr Tian Chua helped me organize after the meeting: Queen, Criminal Appeals No.
The packages turned out to be heroin. An Order 53 application is essentially an ex parte application that the court has the discretion to turn into an inter partes proceeding.
A Tale of Two Cities.
Furthermore, the court found that the mandatory death penalty violates the principle of the separation of powers, by allowing Parliament to tie the hands of the judiciary in executing its function to administer justice.
At 8am in the morning after the book launch, Shadrake was arrested at his hotel and called in for questioning on charges of contempt of court and criminal defamation. The Queen, Appeal No.Singapore’s attorneys are generally thought to be of reasonably high quality, and top attorneys in Singapore are able to speak out against the mandatory death penalty, although there are reports that a recent book on the death penalty by Alan Shadrake has earned some backlash.
The Misuse of Drugs Act is a drug control law in Singapore classifying substances into three categories, Classes A, B, and C.
Section 44 provides that "The Minister may, by an order published in the Gazette" add, remove, or transfer drugs among the classes. Singapore’s continued reliance on mandatory death sentences, which violate international law, has meant that dozens of low level drug offenders have been sent to death row in recent years, Amnesty International said in a new report released today.
The mandatory death penalty is applied to various crimes such as murder and firearms smuggling, but is most often used in relation to drug trafficking, as part of Singapore's tough drug policy and. Singapore should, instead, end its use of capital punishment. Under Singapore’s Misuse of Drugs Act, the courts must apply the death penalty for drug offenses involving more than specified.
A year-old Singaporean woman was sentenced to the mandatory death penalty earlier this month after she was caught selling heroin, methamphetamine, cannabis and Erimin from her HDB flat and.Download