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Crimes and Capital Punishment

NCJ Number
70793
Journal
Criminal Justice Journal Volume: 1 Issue: 1 Dated: (1980) Pages: 13-21
Author(s)
D T Martinez
Date Published
1980
Length
9 pages
Annotation
Reexamination of the Supreme Court's procedures regarding the death penalty is needed in the Philippines to reduce the delay in the disposition of the appeals.
Abstract
Dilution of the death penalty as a crime deterrent has been observed in the Philippines due to a delay in the disposition of the appeals. At the same time, long waits of up to 19 years on the death row in itself constitutes a cruel and unusual punishment. The delay was caused by the heavy workload of the Supreme Court and by the 1973 Constitution which gave the Court the power of administrative duty over all courts and the personnel. It was recommended, therefore, that a Constitutional amendment be considered. In addition, it was proposed that the death penalty should be imposed according to the Constitution, and that justices who vote against it, should be required to state their reasons. Historical background of the death penalty, description of several court cases, and footnotes are included.