KUKU

KU ScholarWorks

  • myKU
  • Email
  • Enroll & Pay
  • KU Directory
    • Login
    View Item 
    •   KU ScholarWorks
    • Dissertations and Theses
    • Dissertations
    • View Item
    •   KU ScholarWorks
    • Dissertations and Theses
    • Dissertations
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    FINDING INSPIRATION IN ISLAMIC LAW FOR EXPANDING THE ROLE FOR FAMILIES OF MURDER VICTIMS IN THE UNITED STATES CAPITAL SENTENCING PROCEEDINGS

    Thumbnail
    View/Open
    Jeaash_ku_0099D_14963_DATA_1.pdf (1.752Mb)
    Issue Date
    2016-08-31
    Author
    Jeaash, Najla Mahmoud
    Publisher
    University of Kansas
    Format
    189 pages
    Type
    Dissertation
    Degree Level
    S.J.D.
    Discipline
    Law
    Rights
    Copyright held by the author.
    Metadata
    Show full item record
    Abstract
    Where the death penalty is still applied for murder, a victim’s family participates in the decision-making processes to varying extents depending on the legal system. Under Islamic law, the victim’s relatives play a central role in the sentencing of the offender. They are the ones who decide whether or not death penalty will be imposed. They may choose to have the offender executed. They may also choose to pardon the offender, either for free or in exchange for monetary payment. Yet, forgiveness is preferable and more rewarding according to the Qur’an, the Holy Book of Islam (5:45). The family also may waive the death penalty, but the state maintains an interest in punishing the offender with a discretionary penalty less than death. In the United States, however, the role of capital murder survivors is relatively limited. The only tool that survivors may use to participate in the sentencing processes of a capital trial is to provide victim impact evidence, in which they share their victimization experience with the sentencing authority. Courts do not allow family members of capital murder victims to voice an opinion about the sentence to be imposed. Victim sentencing opinions are deemed irrelevant even when the family members do not want the defendant to receive the ultimate penalty. This Dissertation argues that, inspired by the Islamic approach, the United States should extend the role of victims’ relatives in the capital murder sentencing process. Having suffered the most, family members should, at the very least, be given the opportunity to weigh in on the sentencing process by permitting their views on punishment to be presented to the jury, particularly when they want to speak for mercy.
    URI
    http://hdl.handle.net/1808/26919
    Collections
    • Dissertations [3958]

    Items in KU ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.


    We want to hear from you! Please share your stories about how Open Access to this item benefits YOU.


    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

    Browse

    All of KU ScholarWorksCommunities & CollectionsThis Collection

    My Account

    LoginRegister

    Statistics

    View Usage Statistics

    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

    The University of Kansas
      Contact KU ScholarWorks
    Lawrence, KS | Maps
     
    • Academics
    • Admission
    • Alumni
    • Athletics
    • Campuses
    • Giving
    • Jobs

    The University of Kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression and genetic information in the University’s programs and activities. The following person has been designated to handle inquiries regarding the non-discrimination policies: Director of the Office of Institutional Opportunity and Access, IOA@ku.edu, 1246 W. Campus Road, Room 153A, Lawrence, KS, 66045, (785)864-6414, 711 TTY.

     Contact KU
    Lawrence, KS | Maps