Judicial murder

Judicial murder is the unjustified use of capital punishment. The Oxford English Dictionary describes it as "death inflicted by process of law, capital punishment, esp. considered to be unjust or cruel".[1]

An early use of the term occurs in Northleigh's Natural Allegiance of 1688; "He would willingly make this Proceeding against the Knight but a sort of Judicial Murder".[2]

In 1777 Voltaire used the comparable term of assassins juridiques ("judicial murderers").

The term was used in German (Justizmord) in 1782 by August Ludwig von Schlözer in reference to the execution of Anna Göldi. In a footnote, he explains the term as

"the murder of an innocent, deliberately, and with all the pomp of holy Justice, perpetrated by people installed to prevent murder, or, if a murder has occurred, to see to it that it is punished appropriately."[3]

In 1932, the term is also used by Justice Sutherland in Powell v. Alabama when establishing the right to a court-appointed attorney in all capital cases:

Let us suppose the extreme case of a prisoner charged with a capital offense who is deaf and dumb, illiterate and feeble minded, unable to employ counsel, with the whole power of the state arrayed against him, prosecuted by counsel for the state without assignment of counsel for his defense, tried, convicted and sentenced to death. Such a result … if carried into execution, would be little short of judicial murder.

Hermann Mostar (1956) defends the extension of the term to un-premeditated miscarriages of justice where an innocent suffers the death penalty.[4]

See also

References

  1. ^ Judicial murder at OED; retrieved 18 July 2018
  2. ^ J Northleigh, Natural allegiance, and a national protection, truly stated, being a full answer to Dr. G. Burnett's vindication of himself. vi. p37 (1688); quoted in OED
  3. ^ „Ermordung eines Unschuldigen, vorsätzlich, und so gar mit allem Pompe der heil. Justiz, verübt von Leuten, die gesetzt sind, daß sie verhüten sollen, daß ein Mord geschehe, oder falls er geschehen, doch gehörig gestraft werde.“ (von Schlözer, p. 273)
  4. ^ Hermann Mostar. Unschuldig verurteilt! Aus der Chronik der Justizmorde. Herbig-Verlag, Munich (1956)
  • August Ludwig von Schlözer: Abermaliger JustizMord in der Schweiz In: Stats-Anzeigen. Band 2. Göttingen, 1782. S. 273–277.
  • Julius Mühlfeld. Justizmorde. Nach amtlichen Quellen bearbeitete Auswahl 2. Auflage, Berlin (1880) OCLC 70475784
  • Bernt Ture von zur Mühlen. Napoleons Justizmord am deutschen Buchhändler Johann Philipp Palm. Frankfurt am Main: Braman Verlag (2003) ISBN 9783934054165

External links

  • Letter by Voltaire to Frederick II, April 1777
Anna Göldi

Anna Göldi (also Anna Göldin or Anna Goeldin, 24 October 1734 – 13 June 1782) was an 18th-century Swiss woman who was the last person to be executed in Europe for witchcraft. Göldi, who was executed by decapitation, has been called the "last witch" in Switzerland.

Breaker Morant

Harry "Breaker" Harbord Morant, probably born Edwin Henry Murrant (9 December 1864 – 27 February 1902), was an Anglo-Australian drover, horseman, bush poet, military officer and convicted war criminal.

While serving with the Bushveldt Carbineers during the Second Anglo-Boer War, Lieutenant Morant was arrested and court-martialed for war crimes – one of the first such prosecutions in British military history. According to military prosecutors, Morant retaliated for the death in combat of his commanding officer with a series of revenge killings against both Boer POWs and many civilian residents of the Northern Transvaal.

He was accused of the summary execution of Floris Visser, a wounded prisoner of war and the slaying of four Afrikaners and four Dutch schoolteachers who had been taken prisoner at the Elim Hospital. Morant was found guilty and sentenced to death.

Lieutenants Morant and Peter Handcock were then court-martialed for the murder of the Rev. Carl August Daniel Heese, a South African-born Minister of the Berlin Missionary Society. Rev. Heese had spiritually counseled the Dutch and Afrikaner victims at Elim Hospital, indignantly vowed to inform Morant's commanding officer, and had been shot to death the same afternoon. Morant and Handcock were acquitted of the Heese murder, but their sentences for murdering Floris Visser and the eight victims at Elim Hospital were implemented by a firing squad from the Cameron Highlanders on 27 February 1902.

Morant and Handcock have become folk heroes in modern Australia. Their court-martial and death have been the subject of books, a stage play, and an award-winning Australian New Wave movie by director Bruce Beresford.

Upon its release during 1980, Beresford's movie both brought Morant's life story to a worldwide audience and "hoisted the images of the accused officers to the level of Australian icons and martyrs." Many Australians now regard Morant and Handcock as scapegoats or even as the victims of judicial murder. Attempts continue, with wide public support, to obtain a posthumous pardon or even a new trial.

According to South African historian Charles Leach, "In the opinion of many South Africans, particularly descendants of victims as well as other involved persons in the far Northern Transvaal, justice was only partially achieved by the trial and the resultant sentences. The feeling still prevails that not all the guilty parties were dealt with – the notorious Captain Taylor being the most obvious one of all."

Danton (1983 film)

Danton (French pronunciation: ​[dɑ̃tɔ̃]) is a 1983 French language film depicting the last weeks of Georges Danton, one of the leaders of the French Revolution. It is an adaptation of the play The Danton Case by Stanisława Przybyszewska.

The film stars Gérard Depardieu in the title role, with Wojciech Pszoniak as Maximilien Robespierre, and Patrice Chéreau as Camille Desmoulins. It was directed by the Polish director Andrzej Wajda and was an international co-production between companies in France, Poland and West Germany. All supporters of Danton (with the exception of Bourdon, who would later betray him) are played by French actors, while Robespierre's allies are played by Poles.

Not always rigidly historical, the film draws continual parallels between the Reign of Terror during the French Revolution and the situation in contemporary Poland, in which the Solidarity movement was struggling against the oppression of the Soviet-backed Polish government. The film had 1,392,779 admissions in France.

David M. De Witt

David Miller De Witt (November 25, 1837 – June 23, 1912) was a U.S. Representative from New York.

Earp Vendetta Ride

The Earp Vendetta Ride was a deadly search by a federal posse led by Deputy U.S. Marshal Wyatt Earp for a loose confederation of outlaw "Cowboys" they believed had ambushed his brothers Virgil and Morgan Earp, maiming the former and killing the latter. The two Earp brothers had been attacked in retaliation for the deaths of three of Cowboys in the Gunfight at the O.K. Corral on October 26, 1881. From March 20 to April 15, 1882, the federal posse searched southeast Cochise County, Arizona Territory for the men they believed were responsible for the attacks on Virgil and Morgan. Several suspects had been freed by the court, owing in some cases to legal technicalities and in others to the strength of alibis provided by Cowboy confederates. Previously, Wyatt had relied on the legal system to bring the Cowboys to justice, but after the suspects were freed, Wyatt decided to take matters into his own hands.On March 20, two days after Morgan's murder, Wyatt, his brothers Warren and James, Doc Holliday, and two other deputies were escorting Virgil and his wife Allie to a California-bound train in Tucson. They learned that suspects Ike Clanton and Frank Stilwell were already waiting there. After Virgil, Allie, and James boarded the train, Wyatt spotted two men near the train that he thought were Clanton and Stilwell. He and several men chased down and killed Stilwell, but lost the other. After Stilwell's body was found the next morning, the Tucson Justice of the Peace issued arrest warrants for the five lawmen suspected of the extra-judicial murder. When the men returned to Tombstone, Cochise County Sheriff Johnny Behan had received a telegram notifying him of the Tucson warrants, and attempted to detain the five members of Earp's federal posse named in the warrants, but they ignored him. Still carrying arrest warrants for Curly Bill Brocius and others, they left Tombstone to pursue further Cowboys implicated in the attacks.

Behan formed a Cochise County sheriff's posse consisting of deputies Phineas Clanton, Johnny Ringo, and about twenty other Cowboys and Arizona ranchers. Based on the local warrants, they followed the Earp posse and set out to arrest them. The large sheriff's posse came close to, but never engaged, the much smaller Earp posse, which received help from local businessmen and ranchers (and at one point, published a letter in a Tombstone newspaper taunting Behan and his men). The federal posse ultimately killed four men, started with Stilwell and ending with Brocius. About April 15 the Earps and some of their associates rode out of Arizona Territory, headed for New Mexico Territory.

Elijah Impey

Sir Elijah Impey (13 June 1732 – 1 October 1809) was a British judge, the first chief justice of the Supreme Court of Judicature at Fort William in Bengal, Chief Justice of the Sadr Diwani Adalat and MP for New Romney.

Hans Waldmann (mayor)

Hans Waldmann

(1435 – 6 April 1489) was mayor of Zurich and a Swiss military leader. The son of a peasant in Zug, he married well and became Squire of Dubelstein.

Waldmann lead the Confederates in the Burgundian Wars, defeating Charles the Bold with an army estimated at 12,000 men. As mayor of Zurich and a representative of the oligarchs in the Confederacy, Waldmann sought to impose higher taxes on neighbouring rural villages, which, taken together with a disdain for his reputed aristocratic excesses, led to a peasant revolt. 500 peasants from Knonau are said to have toppled Waldmann as mayor in 1489. Waldmann was beheaded on 6 April 1489 following accusations of financial corruption, foreign connections and sodomy.The equestrian monument at the Münsterhof plaza in front of the Fraumünster church (47.3698°N 8.5421°E / 47.3698; 8.5421 (Waldmann monument)) at the Münsterbrücke crossing of the River Limmat was unveiled on 6 April 1937 by the Kämbel guild, aiming to rehabilitate Waldmann who they proposed had been the victim of a judicial murder. It was the subject of controversy for artistic reasons, deemed by conservative critics as being overly modern for the historical city centre.

Isabel Neville, Duchess of Clarence

Lady Isabel Neville (5 September 1451 – 22 December 1476) was the elder daughter of Richard Neville, 16th Earl of Warwick (the Kingmaker of the Wars of the Roses), and Anne de Beauchamp, 16th Countess of Warwick. She was the wife of George Plantagenet, 1st Duke of Clarence. She was also the elder sister of Anne Neville, who was Princess of Wales by her first marriage and Queen consort of England by her second.

June 27

June 27 is the 178th day of the year (179th in leap years) in the Gregorian calendar. There are 187 days remaining until the end of the year.

Maharaja Nandakumar

Maharaja Nandakumar, also called Nuncomar (1705? - died 5 August 1775), was a collector of taxes, more so a diwan for various areas in what is now West Bengal. Nanda Kumar was born at Bhadrapur, which is now in Birbhum. He was India's first victim of hanging under British rule. He was appointed by the East India Company to be the collector of taxes for Burdwan, Nadia and Hoogly in 1764, following the removal of Warren Hastings from the post.In 1773, when Warren Hastings was re-instated as governor-general of Bengal, Nandakumar brought accusations of peculation against him that were entertained by Sir Philip Francis and the other members of the Supreme Council of Bengal. However, Warren Hastings could overrule the Council's charges. Thereafter, in 1775 Warren Hastings brought charges of fraud against the Maharaja. The Maharaja was tried under Elijah Impey, India's first Chief Justice, and friend of Warren Hastings, was found guilty, and hanged in Kolkata on 5 August 1775.

Hastings, along with Sir Elijah Impey, the chief justice, was impeached by Parliament. They were accused by Burke (and later by Macaulay) of committing judicial murder; but Sir James Stephen, who examined the trial in detail, states that the indictment for forgery arose in the ordinary course, was not brought forward by Hastings, and that Impey conducted the trial with fairness and impartiality.

Mandani

Mandarh is a branch of yousaf zai tribe, fristly the mandarh sub tribe settled here, and the village was named after them, Mandarhi or Mandani.

But some old people of the area say that before the irrigation system, this place was barren and the farmers of this village would get an yield of Darhai( 5 Kg) while sowing a Mound( 50KG) so this village was called MANDARHI and later on MANDANI.

Early settlers and Demography: In the beginning a few tribes of Yousafzai,s and Mohmands were arrived and started developing the arid non agricultural land. The most notable early settler was a yousafzai tribesman "Sirbuland Khan" who arrived in this area with Saidu Baba (Saidu Sharif Swat) for preaching of Islam. Sirbuland Khan start residing in Mandani. He was a religious scholar and saint. He had two notable grand sons "Molana Fazal-i-Ahmad and "Fazl-i-Ahad" who were known as Molvi of Mandani. Where as Fazl-i-Ahad played a pivotal role in independence movement of 1857, khilafat movement and the Mazdoor kisan movement. In British regime he spent 3 years rigorous imprisonment.

Utmankhel is the most abounded ,socially activated and most educated people of mandani. Mr. Aslam Khan is a ex-AEO. One of them.

Mavlavi of Mandani was highly regarded due his social reforms, educational services and justice based leadership during the early stages of settlement.

Later on, different tribes came here from adjoining areas of tribal agencies. Population was increased due to the fertile land and strategic location. The main bazaar, located in the center of adjutant population, is unique with a rectangular shape. While standing on the roundabout, the road to your west leads to the village of Tangi , Charsadda via Umerzai in the south, the ancient Takht bhai in east and Harichand in north. The main rout joins Peshawar to the northern part of KPK in shortest possible way.

Economy and occupation of the early dwellers: The town is known for agricultural products; sugar cane, tobacco, wheat, maize and all kind of vegetables. Some indigenous people have small simple shops, in contrast to the other market stalls, run by non-indigenous people. The native people of Mandani are peasants and lead simple lives on their farms.

There is two tobacco depot ( Pakistan Tobacco Company) Phillips Morris international. where farmers of the region sell their tobacco on prior agreements from the company.

There is also one bank, United Bank, which help the people of Mandani and surrounding areas in monetary issues.

Mandani has the biggest Police station which provides security to the nearby areas.

Mandani has been a seat of local cultures and has been a seat of great political importance. It was the center of Mazdor Kissan Tehrik in seventies, where Afzal Bangash lead the local farmers to revolt against the land lords ( Khans) who exploited the poor farmers of the N. Hashtnagar. But with the Judicial Murder of the elected PM, Z.A. Bhutto, Gen. Zia crushed the Kissan Movement and sent their leaders to the jails. He supported Khans and forcefully removed the old farmers from their lands and villages. That was the start of extremism in the whole country.

Education: Mandani is a great hub of education. It has one Higher Secondary School for boys, one Higher Secondary school for girls and one Primary school for boys and girls each. There are about 6 private schools, Hashtnagar Public School is the 1st private school in Mandani, established by Dr. Fida, a veterinary doctor who worked in the nearby Dairy Farm.Then Heera School was started in mid nineties but there was no girls college until Atlantic College was established in 1999, the 1st ever all girls college in the region which has been several times on the list of the Top Ten Female Institutions in Board of Intermediate and Secondary Education Peshawar. Atlantic College has got 100% success in SSC annual Exam 2016 and 2017.

http://atlanticcollege.edu.pk.

Then the Khyber Model College for Boys was launched which has also earn good name in quality education for boys. There are more private schools like Mandani Model school, Tameer E seerat etc which help educate the children of the region. There are also couple of religious seminaries ( Madrassas) in Mandani, which help students get Islamic education and Sharia Laws.

Mandani had been a center of the Hindu's empire before the partition of Sub-Continent in 1947.

Miscarriage of justice

A miscarriage of justice, also known as a failure of justice, is when an actually innocent person is found guilty. It is occasionally used as a legal defense in criminal and deportation proceedings. The term also applies to errors in the other direction—"errors of impunity", or to any clearly unjust outcome in any civil case. Every "miscarriage of justice" in turn is a "manifest injustice." Most criminal justice systems have some means to overturn, or "quash", a wrongful conviction, but this is often difficult to achieve. In some instances a wrongful conviction is not overturned for several decades, or until after the innocent person has been executed, released from custody, or has died.

"Miscarriage of justice" is sometimes synonymous with wrongful conviction, referring to a conviction reached in an unfair or disputed trial. Wrongful convictions are frequently cited by death penalty opponents as cause to eliminate death penalties to avoid executing innocent persons. In recent years, DNA evidence has been used to clear many people falsely convicted.

The Scandinavian languages (viz. Danish, Norwegian and Swedish) have a word, the Swedish variant of which is justitiemord, which literally translates as "justice murder." The term exists in several languages and was originally used for cases where the accused was convicted, executed, and later cleared after death. While a miscarriage of justice is a Type I error for falsely identifying culpability, an error of impunity would be a Type II error of failing to find a culpable person guilty. However, the term "miscarriage of justice" is often used to describe the latter type as well.

With capital punishment decreasing, the expression has acquired an extended meaning, namely any conviction for a crime not committed by the convicted. The retention of the term "murder" represents both universal abhorrence against wrongful convictions and awareness of how destructive wrongful convictions are. Some Slavic languages have also the word (justičná vražda in Slovak, justiční vražda in Czech) which literally translates as "justice murder", but it is used for Judicial murder, while miscarriage of justice is "justiční omyl" in Czech, implying an error of the justice system, not a deliberate manipulation.

The term travesty of justice is sometimes used for a gross, deliberate miscarriage of justice. Show trials (not in the sense of high publicity, but in the sense of lack of regard to the actual legal procedure and fairness), due to their character, often lead to such travesties.

The concept of miscarriage of justice has important implications for standard of review, in that an appellate court will often only exercise its discretion to correct plain error when a miscarriage of justice (or "manifest injustice") would otherwise occur.

Myall Creek massacre

The Myall Creek massacre near Gwydir River, in the central New South Wales district of Namoi, involved the brutal killing of 28 unarmed Indigenous Australians by eleven colonists on 10 June 1838 at the Myall Creek near Bingara, Murchison County, in northern New South Wales. After two trials, seven of the 11 colonists were found guilty of murder and hanged.

Nasim Hasan Shah

Nasim Hasan Shah (Urdu: نسیم حسن شاہ‬) (15 April 1929 – 3 February 2015) was a Pakistani judge who was Chief Justice of Pakistan. He best known for his role in the verdict against Zulfiqar Ali Bhutto, the first democratically elected Prime Minister of Pakistan, a verdict resulting in death penalty that is widely believed in Pakistan to be a judicial murder.His other notable verdict was restoration of the parliament of Pakistan dissolved by then President Ghulam Ishaq Khan. The Supreme Court held that dissolution order was based on an incorrect appreciation of the role assigned to the president and of the powers vested in him by the constitution. The Prime Minister is not answerable to the President. In fact, it is the president who is obliged to act on the advice of the Prime Minister except when he enjoys discretionary powers.

An inspiring man physically 56 inches tall and 50 inches in girth, he overcame his handicap to become the Chief Justice of the Supreme Court of Pakistan from 17 April 1993 to 14 April 1994.After a brilliant academic career and a Doctorate of Law (with distinction) from Paris University, he had a successful legal practice when he was appointed a High Court Judge at the age of 39, and retired from Supreme Court at 65, the longest tenure by any judge in the history of the Indo-Pak subcontinent.

Nicholas Sheehy

Father Nicholas Sheehy (1728–1766) was an 18th-century Irish Roman Catholic priest who was executed on charge of accessory to murder. Father Sheehy was a prominent and vocal opponent of the Penal Laws, which disenfranchised and persecuted Catholics in Ireland. His conviction is widely regarded as an act of judicial murder amongst supporters of Irish rebellion.

Palamedes (mythology)

In Greek mythology, Palamedes (Ancient Greek: Παλαμήδης) was the son of Nauplius and Clymene.He joined the Greeks in the expedition against Troy.

Pausanias in his Description of Greece (2.20.3) says that in Corinth is a Temple of Fortune in which Palamedes dedicated the dice that he had invented.

Sondergericht

A Sondergericht (plural: Sondergerichte) was a German "special court". After taking power in 1933, the Nazis quickly moved to remove internal opposition to the Nazi regime in Germany. The legal system became one of many tools for this aim and the Nazis gradually supplanted the normal justice system with political courts with wide-ranging powers. The function of the special courts was to intimidate the German public, but as they expanded their scope and took over roles previously done by ordinary courts such as Amtsgerichte this function became diluted.

Structural abuse

Structural abuse is the process by which an individual is dealt with unfairly by a system of harm in ways that the person cannot protect themselves against, cannot deal with, cannot break out of, cannot mobilise against, cannot seek justice for, cannot redress, cannot avoid, cannot reverse and cannot change.

Every system contains at least one level at which structural abuse occurs, when the actions of the system takes over the actions of individuals within that system to create structures by which abuse of others occurs.Structural abuse should not be confused with structural violence. Structural violence refers to action committed by a larger society, such as racism or classism in an entire society. Structural abuse refers to actions that are not necessarily endorsed by the broader society.

William Orr (United Irishman)

William Orr (1766 – 14 October 1797) was a member of the United Irishmen who was executed in 1797 in what was widely believed at the time to be "judicial murder" and whose memory led to the rallying cry “Remember Orr” during the 1798 rebellion.

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