Revived Debate on the Death Penalty in the Political Scene

Even after the abolition of capital punishment, the debate over whether it was right to abolish the death penalty or whether it should be reinstated flared up again and again. Although Hungary is a party to several international conventions prohibiting th

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Changing Attitudes Towards the Death Penalty

Zoltan J. Toth

Changing Attitudes Towards the Death Penalty Hungary’s Renewed Support for Capital Punishment

Zoltan J. Toth Department of Legal History and Jurisprudence Károli Gáspár University Budapest, Hungary

ISBN 978-3-030-47556-7    ISBN 978-3-030-47557-4 (eBook) https://doi.org/10.1007/978-3-030-47557-4 © The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2020 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: davidhills/Getty This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Contents

Part I Death Penalty Debates in the Twentieth and TwentyFirst Century: Pros and Cons   1 1 Introduction  3 2 The Deterrent Effect: From An a priori Logic  9 3 Capital Punishment as an Inhumane Punishment 13 4 Necessity or Lack of Need for Capital Punishment 25 5 Miscarriage of Justice 35 6 The Goal of Punishment 49 7 Economic Considerations 55 8 Other Reasons for and Against Capital Punishment 61

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vi Contents

Part II A Case Study of Capital Punishment in Hungary in the Twentieth Century  75 9 Statutory Regulation of Capital Punishment in Hungary during the Horthy Era and World War II 81 10 The Death Penalty in the Years after Liberation from Nazi Occupation and During the Establishment of the Soviet Dictatorship 95 11 Capital Punishment in the First Decade of State Socialism119 12 Capital Punishment in the 1960s and 1970s131 13 The Act No. IV of 1978 on the Criminal Code of Hungary145 14 The End Time of the Death Penalty in Hungary: Two Steps of the Abolition in 1989/90159 Part III The Politicization of Capital Punishment in Hungary: Renewed Cont