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8
penalty to almost 50 additional crimes where death results, including murders
committed by prisoners in federal correctional institutions, drive-by shoot-
ings, and kidnappings which result in the death of any person.
The framers of the Constitution clearly did not intend to outlaw the
death penalty on either the state or federal level. The Bill of Rights, which
originally applied only to the federal government until its provisions were
erroneously applied to the states in this century, explicitly validated that penalty
in its Fifth Amendment provisions that "no person shall be held to answer for
a capital or other infamous crime" except by action of a grand jury, and that
"no person shall be deprived of life, liberty, or property, without due process of
law".
However, the prospect of expanded federal capital crimes ought to give
pause to those who generally favor the death penalty. The Constitution gives the
federal government no general criminal jurisdiction. In recent decades, unfor-
tunately, federal law has intruded into large areas of state responsibility through
expansive interpretations of congressional power to regulate interstate com-
merce and to oversee the activities of recipients of federal subsidies. Expansion
of federal capital crimes would compound this abuse.
TEXT 5
International Crimes in Darfur
Since the conflict in Sudan has erupted in 1983, it is estimated that a
campaign of ethnic cleansing has killed nearly 2 million people and 4.5 mil-
lion persons have been forcibly displaced from their homes. The United Na-
tions Commission of Inquiry, which was primarily assigned with the task of
investigating the crisis in Darfur with the support of the Security Council, con-
cluded in its January report that the Sudanese Government and the Janjaweed
militias were largely responsible for the violence. However, the Sudanese
government continues to deny its role in the abuses and has made little effort
to minimize the scale of the crisis.
Background on the Sudan Crisis
1. Civil War in Sudan
The Sudan Crisis originates from a twenty one year civil war between
the Muslim North and the non-Muslim South. The Muslim North is mainly
composed of government supporters, whereas the non-Muslim South is com-
prised of rebel soldiers from the Sudan People's Liberation Army and Na-
tional Islamic Front members. As an initial step to officially end the civil war,
a cease-fire agreement was agreed on May 26, 2004 in Naivasha, Kenya. The
three protocols of the ceasefire agreement outlines the status of the three dis-
penalty to almost 50 additional crimes where death results, including murders committed by prisoners in federal correctional institutions, drive-by shoot- ings, and kidnappings which result in the death of any person. The framers of the Constitution clearly did not intend to outlaw the death penalty on either the state or federal level. The Bill of Rights, which originally applied only to the federal government until its provisions were erroneously applied to the states in this century, explicitly validated that penalty in its Fifth Amendment provisions that "no person shall be held to answer for a capital or other infamous crime" except by action of a grand jury, and that "no person shall be deprived of life, liberty, or property, without due process of law". However, the prospect of expanded federal capital crimes ought to give pause to those who generally favor the death penalty. The Constitution gives the federal government no general criminal jurisdiction. In recent decades, unfor- tunately, federal law has intruded into large areas of state responsibility through expansive interpretations of congressional power to regulate interstate com- merce and to oversee the activities of recipients of federal subsidies. Expansion of federal capital crimes would compound this abuse. TEXT 5 International Crimes in Darfur Since the conflict in Sudan has erupted in 1983, it is estimated that a campaign of ethnic cleansing has killed nearly 2 million people and 4.5 mil- lion persons have been forcibly displaced from their homes. The United Na- tions Commission of Inquiry, which was primarily assigned with the task of investigating the crisis in Darfur with the support of the Security Council, con- cluded in its January report that the Sudanese Government and the Janjaweed militias were largely responsible for the violence. However, the Sudanese government continues to deny its role in the abuses and has made little effort to minimize the scale of the crisis. Background on the Sudan Crisis 1. Civil War in Sudan The Sudan Crisis originates from a twenty one year civil war between the Muslim North and the non-Muslim South. The Muslim North is mainly composed of government supporters, whereas the non-Muslim South is com- prised of rebel soldiers from the Sudan People's Liberation Army and Na- tional Islamic Front members. As an initial step to officially end the civil war, a cease-fire agreement was agreed on May 26, 2004 in Naivasha, Kenya. The three protocols of the ceasefire agreement outlines the status of the three dis- 8
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