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  • Creative Death Penalty Reform in China: The Case of Drug Transportation

    Author(s)
    Trevaskes, Susan
    Griffith University Author(s)
    Trevaskes, Sue E.
    Year published
    2016
    Metadata
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    Abstract
    China's criminal justice system has, for decades, been consistently notorious as one of the world's most punitive. Recent reform of the nation's decades‐long harsh criminal justice policy to instead balance severity with greater leniency has given reformist‐minded judges and legal experts some cause for optimism. However, it has also created a judicial dilemma in determining how to apply this more lenient ethos in sentencing some capital crimes. This is particularly the case for the capital crime of transporting drugs, which is the focus of this article. This article reveals how reform can be achieved through skillful legal ...
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    China's criminal justice system has, for decades, been consistently notorious as one of the world's most punitive. Recent reform of the nation's decades‐long harsh criminal justice policy to instead balance severity with greater leniency has given reformist‐minded judges and legal experts some cause for optimism. However, it has also created a judicial dilemma in determining how to apply this more lenient ethos in sentencing some capital crimes. This is particularly the case for the capital crime of transporting drugs, which is the focus of this article. This article reveals how reform can be achieved through skillful legal maneuvering for a crime category that is caught between two contesting views of the social benefits of punishment.
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    Journal Title
    Law and Policy
    Volume
    38
    Issue
    2
    DOI
    https://doi.org/10.1111/lapo.12051
    Subject
    Policy and Administration not elsewhere classified
    Criminology
    Policy and Administration
    Law
    Publication URI
    http://hdl.handle.net/10072/142815
    Collection
    • Journal articles

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