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The Violent Crime and Law Enforcement Act of 1994

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In pre-1833 France, before jury were allowed to find mitigating circumstances to<br />

felonies, death penalty was the only available sentence for capital <strong>of</strong>fenses.<br />

In Hong Kong, murder carried a m<strong>and</strong>atory death sentence until 1993 when capital<br />

punishment was legally abolished. However, the last execution was in 1966; since then<br />

all death sentences were automatically commuted into life imprisonment.<br />

In India, murder committed by a convict serving a life sentence carries a m<strong>and</strong>atory<br />

death sentence. <strong>The</strong> m<strong>and</strong>atory death penalty provided in Section 31A <strong>of</strong> India <strong>Law</strong> is in<br />

the nature <strong>of</strong> minimum sentence in respect <strong>of</strong> repeat <strong>of</strong>fenders <strong>of</strong> specified activities <strong>and</strong><br />

for <strong>of</strong>fences involving huge quantities <strong>of</strong> specified categories <strong>of</strong> narcotic drugs. As <strong>of</strong><br />

August 2005, aircraft hijacking also m<strong>and</strong>ates use <strong>of</strong> the death penalty.<br />

In Japan, the only crime punishable by a m<strong>and</strong>atory death sentence is instigation <strong>of</strong><br />

foreign aggression.<br />

In Malaysia <strong>and</strong> Singapore, there is a m<strong>and</strong>atory death penalty for certain <strong>of</strong>fences,<br />

most notably murder <strong>and</strong> possession <strong>of</strong> a certain amount <strong>of</strong> controlled drugs<br />

(see Capital punishment in Singapore <strong>and</strong> Capital punishment for drug trafficking).<br />

In Taiwan, there used to be a large number <strong>of</strong> <strong>of</strong>fenses that carried a m<strong>and</strong>atory death<br />

penalty; by 2006 all these laws have been relaxed to permit judicial discretion.<br />

In the United Kingdom, crimes punishable by a m<strong>and</strong>atory death sentence included<br />

murder (until 1957; from 1957 to 1965, only if certain aggravating criteria were met),<br />

treason (until 1998), sedition <strong>and</strong> espionage.<br />

In the United States, m<strong>and</strong>atory death sentences have been unconstitutional<br />

since Woodson v. North Carolina; they were mainly used for murder <strong>and</strong> assault by life<br />

convicts.<br />

Other<br />

Denmark has m<strong>and</strong>atory minimum sentences for murder (five years to life)<br />

<strong>and</strong> regicide (life in prison § 115), deadly arson is punished with imprisonment from 4<br />

years to life, <strong>and</strong> for an illegal loaded gun one year in state prison.<br />

<strong>The</strong> state <strong>of</strong> Florida in the United States has a very strict minimum sentencing policy<br />

known as 10-20-Life, which includes the following minimums: 10 years' imprisonment<br />

for using a gun during a crime, 20 years' imprisonment for firing a gun during a crime,<br />

<strong>and</strong> 25 years' imprisonment in addition to any other sentence for shooting somebody,<br />

regardless <strong>of</strong> whether they survive or not.<br />

In Canada <strong>and</strong> Irel<strong>and</strong>, life imprisonment is m<strong>and</strong>atory for murder if committed, at the<br />

time <strong>of</strong> the <strong>of</strong>fence, as an adult. Parole ineligibility periods vary, but under Irish <strong>and</strong><br />

Canadian law, are not less than 7 <strong>and</strong> 10 years, respectively.<br />

Page 64 <strong>of</strong> 190

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