The Functions of Death Penalty Clemency in Southeast Asia: Comparative Lessons for Vietnam

ALC Briefing Papers 7

24 Pages Posted: 2 Aug 2018

See all articles by Daniel Pascoe

Daniel Pascoe

City University of Hong Kong (CityU) - School of Law; City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law

Date Written: December 1, 2017

Abstract

Despite being the final procedural barrier separating life and death in capital cases, executive clemency has traditionally not received the attention it deserves from comparative law and comparative criminal justice scholars, including those writing about Southeast Asia. This article aims to build upon previous empirical scholarship on death penalty clemency in Southeast Asia in two ways: by focusing on the ‘who’ question in clemency awards in the region rather than on ‘how many’ prisoners benefit, and also by updating previous findings in light of any new clemency data available since 2013. After relaying the contemporary and possible future clemency practice of each ‘actively retentionist’ Southeast Asian nation, this article concludes by reflecting on what this regional use of clemency might mean for Vietnam’s future clemency policy in death penalty cases.

Keywords: Death Penalty, Capital Punishment, Clemency, Pardon, Southeast Asia, Comparative

JEL Classification: K14

Suggested Citation

Pascoe, Daniel, The Functions of Death Penalty Clemency in Southeast Asia: Comparative Lessons for Vietnam (December 1, 2017). ALC Briefing Papers 7, Available at SSRN: https://ssrn.com/abstract=3211068

Daniel Pascoe (Contact Author)

City University of Hong Kong (CityU) - School of Law ( email )

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Kowloon Tong, Kowloon
Hong Kong

HOME PAGE: http://www6.cityu.edu.hk/slw/people/people_daniel.html

City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law

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Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong

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