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343.25(73) (1) |
Общая часть уголовного права (872) |
SM ISO690:2012 ГОСПОДАРЕНКО, Владимир. Государственная уголовно-правовая политика США в отношении смертной казни. In: Legea şi Viaţa, 2017, nr. 2(302), pp. 42-48. ISSN 2587-4365. |
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Legea şi Viaţa | ||||||
Numărul 2(302) / 2017 / ISSN 2587-4365 /ISSNe 2587-4373 | ||||||
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CZU: 343.25(73) | ||||||
Pag. 42-48 | ||||||
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Rezumat | ||||||
We know that the US is the only major country of the civilized world, which regularly for four centuries used the death penalty for criminals. All social and legal benefits of individual life is considered as a fundamental value, since the death of all other human rights and freedoms lose their meaning. Therefore, the criminal prohibition of homicide showed the willingness of American States to fully protect this good. Execution of the death penalty continues the tradition of colonial times. A convicted person has the right to the last supper and the last speech just before death. A unique feature of the death for nearly four centuries is that this act is to some extent resembles a play in the theater, which is now present and viewers, and broadcast by television and radio channels. The process of death penalty is carried out in the presence of witnesses, including the prosecutor, lawyer and relatives of the victims. There must be a priest. Finally, in some prisons practiced the presence of onlookers who are there as if to showtimes. In the US today the death sentence apply federal judge. This penalty is also practiced in 36 states. In total there are five ways of taking life: lethal injection, gas chamber, electric chair, hanging and shooting. The most popular is considered a lethal injection. In second place is the electric chair. Shooting is not popular in America. Hanging and gas chamber in the XXI century is not used, although the state law provided along with other ways of killing. Only in Nebraska binding manner taking life until 2008 was the electric chair. In all other states, prisoners themselves could choose a way of life care. Opponents of the death penalty say that this event has no deterrent effect on crime. On the contrary, it provides the US government and the governments of individual states the right to dispose of human life by mistake and perpetuates social injustice disproportionately focused on non-white people of color, as well as citizens who are not able to afford the services of a really professional lawyers. But US senators announced that it is not possible to eliminate the disparity in condemnation to death by white and black Americans, which is to ensure that executions African Americans than whites condemned criminals. Finally elite American state has not yet wish to raise the issue of the abolition of death penalty, although there are certain international obligations of the United States to change this brutal criminal policy. |
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Cuvinte-cheie уголовно-правовая политика США, правовая основа смертной казни, организационные основы смертной казни, реформирование института смертной казни |
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