Talk:Capital punishment for drug trafficking

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Please, feel free to edit[edit]

Hey Guys, Please feel free to edit this article as I don't know the methods used in other countries for execution (only Indonesia and Singapore, I aware of!) for what amount and type of drugs are punishable by death in every one. I appreciate that you help me complete this article! Yours thankfully, McAusten (talk) 12:44, 1 May 2011 (UTC)[reply]

OK, I tried, but I give up[edit]

I tidied up the lead a little, then moved on to the Issues section. I've read it several times now, and have no certainty about what is trying to be said. The most likely meaning in my mind is a very POV one, so I am not going to rewrite it with that meaning. Can the original author or anybody else please try to explain the "Issues" in different words? HiLo48 (talk) 23:33, 21 May 2011 (UTC)[reply]

U.S.[edit]

This says the U.S. has the death penalty for drug offenses, but the citation appears to be from before Kennedy v. Louisiana. Wouldn't the latter make the U.S. not fit the list? — Preceding unsigned comment added by 71.51.128.30 (talk) 02:50, 27 June 2013 (UTC)[reply]

Please explain. And please provide links. --Timeshifter (talk) 17:05, 27 June 2013 (UTC)[reply]
Here is some info and references:
The Federal Death Penalty Act of 1994. Criminal Resource Manual 69. United States Department of Justice - United States Attorneys' Office. "In passing this legislation, Congress established constitutional procedures for imposition of the death penalty for 60 offenses under 13 existing and 28 newly-created Federal capital statutes, which fall into three broad categories: (1) homicide offenses; (2) espionage and treason; and (3) non-homicidal narcotics offenses."
The death penalty for drug kingpins: Constitutional and international implications. By Eric Pinkard. Fall, 1999. Vermont Law Review. "In 1994 Congress enacted the Federal Death Penalty Act (FDPA) with provisions permitting the imposition of the death penalty on Drug Kingpins. 1 The FDPA is unprecedented in American legal history in that the death penalty can be imposed in cases where the Drug Kingpin does not take a human life. 2 To qualify for the death penalty under the act, a Drug Kingpin has to have directed a "continuing criminal enterprise" involving either large quantities of controlled substances or 20 million dollars in gross receipts from the enterprise over a one year period. 3 The specific controlled substances enumerated in the act are very large quantities or mixtures of heroin, cocaine, ecgoine, phencyclidine (PCP), lysergic acid diethylamide (LSD), marijuana, or methamphetamine."
See also: Violent Crime Control and Law Enforcement Act, and the section on the Federal Death Penalty Act. --Timeshifter (talk) 17:05, 27 June 2013 (UTC)[reply]
18 USC § 3591 - Sentence of death | Title 18 - Crimes and Criminal Procedure | U.S. Code. Title 18 of the United States Code. Legal Information Institute. --Timeshifter (talk) 18:40, 27 June 2013 (UTC)[reply]

http://www.law.cornell.edu/supct/html/07-343.ZO.html The Supreme Court ruled in 2008 that the death penalty cannot be used for offenses that do not result in a death, which if I understand correctly would overturn the federal laws. — Preceding unsigned comment added by 2607:EA00:104:1C00:4C93:8D2A:92E5:5F43 (talk) 20:20, 14 November 2013 (UTC)[reply]

I skimmed that article and this one:
Making this discussion somewhat easier is the fact that in a recent case totally unrelated to drug trafficking (the case itself addressed the constitutionality of imposing the death penalty for rape of a child where no death occurs), Kennedy v. Louisiana, the U.S. Supreme Court conducted a detailed analysis of the distinction between crimes that do and do not take a human life and the relationship of each type of crime to the death penalty. Within this analysis, in a non-binding portion of the Court’s opinion (dictum), the Court drew an analytical line separating “offenses against the individual” from “offenses against the State.” In its holding, the Kennedy Court stated that, at least within the category of “offenses against the individual,” the death penalty is unconstitutional for crimes that do not take a human life, because the punishment of death is “excessive” and “disproportionate” to the crime, pursuant to the Eighth Amendment’s prohibition on “cruel and unusual punishment.” With respect to the other category, however – “offenses against the State” – including crimes such as drug trafficking (and treason and espionage), even when they do not result in a death, the Court left open the possibility that the death penalty might not be unconstitutionally “excessive” punishment.
After reading/skimming the rest of the article one sees that the authors do not say that the death penalty for drug trafficking will be overturned by the Supreme Court. They do not know what will happen. I am going to use this article as a reference. --Timeshifter (talk) 12:03, 15 November 2013 (UTC)[reply]

21 U.S. Code § 848 specifies that the death penalty only results if the crime causes a death; basically the the narcotics violation is an aggravating circumstance in a conspiracy case (resultant in homicide). You can read the actual law here: https://www.law.cornell.edu/uscode/text/21/848 As such i'm removing the US from this list as it is entirely inaccurate. — Preceding unsigned comment added by 24.251.136.6 (talk) 09:47, 3 October 2016 (UTC)[reply]

Please read the rest of this thread. There are more death penalty laws than 21 U.S. Code § 848. --Timeshifter (talk) 16:53, 4 October 2016 (UTC)[reply]

Map??[edit]

Any chance we can get a map here?? — Preceding unsigned comment added by 134.240.76.16 (talk) 01:48, 20 October 2014 (UTC)[reply]


I second that! — Preceding unsigned comment added by 38.121.237.85 (talk) 04:27, 18 April 2015 (UTC)[reply]

External links modified[edit]

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More articles[edit]

--Timeshifter (talk) 23:58, 7 September 2018 (UTC)[reply]

Update Needed[edit]

It seems as if some updates are needed for this map, based on HRI's map:

1. Zimbabwe, Afghanistan, Somalia and Morocco shouldn't be in this map.
2. South Korea, Myanmar, South Sudan, Mauritania, Thailand, Libya and Laos should be added.

How can one edit the existing map? אדי97 (talk) 17:42, 22 August 2022 (UTC)[reply]

The Death Penalty for Drug Offences: Global Overview 2022. By Harm Reduction International[edit]

The Death Penalty for Drug Offences: Global Overview 2022. By Harm Reduction International. Excerpt:

HRI has identified 35 countries and territories that retain the death penalty for drug offences in law. Only a small number of these countries carry out executions for drug offences regularly. In fact, six of these states are classified by Amnesty International as abolitionist in practice. This means that they have not carried out executions for any crime in the past ten years (although in some cases death sentences are still pronounced), and "are believed to have a policy or established practice of not carrying out executions." 5 Other countries have neither sentenced to death nor executed anyone for a drug offence, despite having dedicated laws in place.

To demonstrate the differences between law and practice among states with the death penalty for drug offences, HRI categorises countries into high application, low application, or symbolic application states.

--Timeshifter (talk) 13:18, 26 April 2023 (UTC)[reply]

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