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Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases$
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Daniel Pascoe

Print publication date: 2019

Print ISBN-13: 9780198809715

Published to Oxford Scholarship Online: April 2019

DOI: 10.1093/oso/9780198809715.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 August 2021

Conclusion: Clemency’s Place

Conclusion: Clemency’s Place

(p.226) Conclusion: Clemency’s Place
Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases

Daniel Pascoe

Oxford University Press

The Conclusion, after briefly summarizing the respective country positions and restating the three-part hypothesis outlined in Chapter 7, considers what Southeast Asia’s ‘natural experiment’ on clemency means for policymakers, NGO staff, and legal practitioners working on death penalty cases in the region. The four national case studies, together with Chapter 7’s comparative hypothesis, suggest various practical means of boosting each Southeast Asian jurisdiction’s clemency rate within finalized capital cases. The Conclusion also considers what implications the comparative findings outlined in Chapter 7 have for the broader criminal justice literature in other parts of the world (particularly concerning the relationship between discretion exercised at different stages of a criminal case, the relationship between extrajudicial and judicial sanctions, the impact of democratization on criminal justice policies, and the influence of delay on criminal justice decision-making). Finally, the Conclusion suggests a future research agenda, including quantitative studies to ‘test’ the accuracy of the book’s three-part hypothesis in other parts of the retentionist world. The chapter ends with several predictions regarding the future of capital clemency in the four Southeast Asian jurisdictions under analysis (Thailand, Singapore, Malaysia, and Indonesia).

Keywords:   death penalty, clemency, comparative case studies, criminal defence, NGO, policymakers, theory, criminal justice, abolition

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