This book contributes conceptually, theoretically and morally to a deeper understanding of the distinctive Asian perceptions of punishment, justice and human rights. Researched and prepared by scholars who have not only been conducting studies on the death penalty in the region but have also been advocating for legal reforms, this edited book touches upon the different justifications for the use of capital punishment in the ASEAN region, exposing the secrecy, sensitivities and dilemmas that mask violations of international human rights laws. The chapters bring in numerous new perspectives which have been overlooked in the traditional discourse surrounding the use of the death penalty, such as that around crimes that do not meet the threshold of “most serious”; the dignity of death row inmates and their families; contradictions within religion and capital punishment; and the way in which growing authoritarianism and the media are adversely influencing the public’s perception and support for capital punishment in the region. In examining how public opinion shapes state policies towards the death penalty and how it varies according to different offences and different states, the authors critically analyse how the international human rights mechanisms have specifically called for ASEAN member states to refrain from extending the application of the death penalty and to limit it to the “most serious crimes.” Relevant to socio-legal scholars focused on crime and punishment in Southeast Asia, and in the Global South more broadly, this is a landmark collection in criminology and human rights scholarship.
Chapter "ASEAN and the Death Penalty: Theoretical and Legal Views and a Pathway to Abolition" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Author(s): Sriprapha Petcharamesree, Mark P. Capaldi, Alan Collins
Publisher: Springer
Year: 2023
Language: English
Pages: 188
City: Singapore
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
5.1 The Conflict-Displacing Innocence Frame as a Pragmatic Alternative
5.2 The Internet and Social Media as the New Strategic Front
5.3 Public Education as an Enlightening Tool
6 Conclusion
References
Religions and the Death Penalty in Southeast Asia
1 Introduction
2 Thailand: Theravada Buddhism
2.1 Buddhism’s View on Law and Authority
2.2 Buddhism’s Justification of Violence
2.3 Thai Buddhism’s Deferral on the Death Penalty
2.4 Buddhist Kingship and the Death Penalty
3 Malaysia: Islam
3.1 Islam’s Concept of Authority and Law
3.2 Syriah and the Death Penalty
3.3 Malaysia’s Secular Criminal Law
3.4 Court Cases against the Death Penalty
4 The Philippines: Roman Catholicism
4.1 God of Mercy
4.2 God of Justice
4.3 The Battle over the Death Penalty in the Philippines
5 Conclusion
References
De Jure Abolition of the Death Penalty: Cambodia and the Philippines
1 The Death Penalty in the ASEAN Region
1.1 Categorisation of States Based on Their Death Penalty Positions
1.2 Retentionists and De Facto Abolitionists in ASEAN: Prospects of Abolition
2 Experience of De Jure Abolitionists
2.1 The Cambodian Experience
2.2 The Philippine Experience
3 Continuing Challenges of Abolitionist ASEAN Member-States
3.1 Challenges in Cambodia
3.2 Challenges in the Philippines
4 Final Points and Observations
5 Conclusion
References
ASEAN and the Death Penalty: Theoretical and Legal Views and a Pathway to Abolition
1 Introduction
2 Unpacking Punishment Theories
3 Concepts of Punishment in Southeast Asia
3.1 Religious and Cultural Factors
3.2 Economic Factors
3.3 Political Factors and Authoritarianism
4 Examination of Some ‘Good Practices’: An Indication Towards Abolition of the Death Penalty in ASEAN/Southeast Asia?
4.1 Reforming Death Penalty Laws
4.2 Moratoriums and Progress Towards Abolition
4.3 Assessing the Mentally Ill in the Criminal Justice System
4.4 Women Condemned to Death
5 Conclusion: ASEAN/SEA and the Prospect for Abolition
References
