Обязательное (автоматическое) назначение наказания в виде смертной казни в глобализирующемся мире

Abstract

The subject of this research is the death penalty as a mandatory punishment for the most serious crimes in the United States, Asia and the Caribbean and corresponding constitutional problems. The author analyses foreign courts’ judgments and foreign researchers’ points of view. The author considers the influence of the jurisprudence of the US Supreme Court on the countries with similar legal systems, the importance of legal thought in other countries for further development of law-enforcement practice in a particular region and the globalized world. The author analyzes inconsistent position of Singapore, as well as the indecisiveness of the government of Malaysia, because until recently these two countries were fervent supporters of the mandatory death penalty in the Commonwealth. The author supports the global trend towards the abolition of the mandatory death penalty and the fact that the “Asian values” are not an insurmountable barrier to achieve this goal.