The Death Penalty in the OSCE Area–Background Paper 2021
moratorium on executions or commute death sentences proved to be a stepping
stone towards abolition. It constituted a signal towards policy-makers and contributed to an immediate reduction in executions. In turn, the reduction in death sentences made apparent that capital punishment is redundant in modern criminal justice
systems, and its absence does not lead to an increase in crime. This again seems to
help change public opinion, as the public becomes accustomed to criminal justice
systems that do not make use of capital punishment. As the death penalty becomes
obsolete, decision-makers are at more liberty to take active steps towards abolition,
less constrained by public opinion.
To the same end, initiation of broader criminal justice reforms, including but not limited to the issue of capital punishment, seem to form a successful approach to move
abolition processes forward. It appears to reduce the emotional dimensions of the discourse and helps move the focus to the objectives of a criminal justice system, where
accountability and rehabilitation outrank the concept of retribution.
At the same time, criminal justice reforms can be used in order to gradually reduce
the application of the death penalty. Measures can include the reduction of death-penalty applicable offences and removal of mandatory death sentences, to ensure the
circumstances of the individual case are taken into account. As research has shown,
improvement of professional legal representation for defendants who face capital
punishment also leads to a reduction in death sentences. In turn, the examined country examples suggest fewer death sentences have a positive effect on public opinion.
CSOs play a crucial role in the abolitionist movement, including in the context of
broader criminal justice reforms. The countries examined illustrate how much they
can help move both politicians and the wider public towards an acceptance of abolition. Their ability to raise awareness and to provide information, including on the
flaws in its application and through the power of highlighting individual case examples, has had a significant impact.
In some jurisdictions, the effort of families of murder victims has played a significant role in raising awareness about the realities of the death penalty. In particular,
it has helped counter the argument that capital punishment is required to deliver
justice to victims and their families. Since the death penalty is seemingly an emotive issue for many people, being able to hear direct testimony from individuals affected by the death penalty has shown to be powerful in shifting public opinion and
addressing common misperceptions. It can convincingly demonstrate that too often
innocent people are killed, that executing someone does not bring a victim’s family
member justice or any form of closure, and it can help build support from criminal
justice stakeholders and legislators.
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