Friday, September 16, 2022
Tim (Xiaoming) Wang has posted CPR: Revitalizing China’s Death Penalty Appellate Review Process (Columbia Journal of Transnational Law, Vol. 60, No. 3, 2022) on SSRN. Here is the abstract:
Wrongfully convicted (and executed) capital defendants in China have long captured headlines and academic interest alike. Only recently has attention been turning towards China’s equally endemic problem of arbitrary death penalty sentences. This Note tackles this issue head on. The proposed remedy—comparative proportionality review—has a turmoiled and unsuccessful history in the United States, but can be retooled to improve the effectiveness of China’s death penalty review system. In addition, the current political climate and realities in China seem well-poised for adopting such a procedural remedy.