Gender, globalisation and the gallows: women sentenced to death for drug trafficking in Malaysia

Lead Research Organisation: University of Oxford
Department Name: Criminology Centre

Abstract

I am applying to study for a DPhil at the University of Oxford's Centre for Criminology due to my proposed supervisor - Professor Carolyn Hoyle's - world-leading expertise on the death penalty. Professor Hoyle has written about gender and the death penalty in publications, including within editions of the seminal work, The Death Penalty: A Worldwide Perspective (Hood & Hoyle, 2008, 2015), as well as a piece entitled 'Remembering Women Sentenced to Death' (Hoyle, 2015). This particular research proposal complements Professor Hoyle's current research into foreign nationals on death row, as I would investigate the evidence that female foreign nationals are being held on death row on drug smuggling charges in Indonesia and Malaysia and that their gender and other socio-demographic variables may make them particularly vulnerable to exploitation by drug traffickers. Malaysia is currently undergoing some changes to the imposition of the mandatory death penalty for drug offences, introducing discretion for some drug offences, making possible a comparative analysis of these two jurisdictions. Furthermore, I would be able to utilise the academic and professional connections that Professor Hoyle has with death penalty lawyers and human rights organisations in these Asian jurisdictions to aid and facilitate my empirical research. I would draw upon my previous academic and professional experience of the death penalty. My academic interest in capital punishment was ignited whilst studying abroad as part of my undergraduate degree at the University of North Carolina at Chapel Hill (UNC), when I took a class entitled 'Race, Innocence and the Decline of the US Death Penalty' under the direction of a leader in the field, Professor Frank Baumgartner. This class covered all manner of topics related to the US death penalty, including: race and injustice; the geography of the death penalty; innocence; capital crimes, trials and appeals; particular Supreme Court decisions such as Furman and Gregg; the North Carolina Racial Justice Act 2009; and public opinion. I wrote papers on the topics of botched executions and wrongful convictions for which I achieved a GPA of 4.0 (and across all subject matters I studied at UNC). I attended talks given by those intimately involved in the US death penalty, including Anthony Ray Hinton, a recent exoneree from Alabama's death row. I visited Central Prison at Raleigh, and witnessed the solitary confinement cells, mental health units, and death row. Following my semester abroad I interned at the Center for Death Penalty Litigation (CDPL) in Durham, NC, whereby I assisted in the following capacities: I met with a client on death row; I reviewed and gathered evidence in two capital murder appeals; and I assembled exhibits from hearings from the repeal of the North Carolina Racial Justice Act 2009.

Publications

10 25 50

Studentship Projects

Project Reference Relationship Related To Start End Student Name
ES/J500112/1 01/10/2011 02/10/2022
2094165 Studentship ES/J500112/1 01/10/2018 31/12/2021 Lucy Harry
ES/P000649/1 01/10/2017 30/09/2027
2094165 Studentship ES/P000649/1 01/10/2018 31/12/2021 Lucy Harry
 
Description I engaged with the NGO, Harm Reduction International (HRI), at the start of my doctorate, as I identified that they would be a key NGO stakeholder who are involved in campaigning and advocacy on the topic of my study (women on death row in Southeast Asia for drug offences). Consequently, after meeting with their team several times, the idea for a briefing paper entitled, 'The Death Penalty for Drug Offences: The Impact on Women', was formulated. This briefing paper was to be short and clear to understand, as it was aimed for a non-academic audience (NGOs, policy makers, UN delegates, lawyers). The publication of the paper was to coincide with an event that HRI was hosting at the UNODC 62nd session of the Commission on Narcotic Drugs in Vienna, in March 2019, on 'The Death Penalty for Drug-Related Offences: The Impact on Women and Vulnerable Groups'. Alongside HRI, this event was organised in collaboration with the Governments of Canada, New Zealand, Mexico and the United Kingdom, as well as the European Union. The contents of the briefing paper were presented at this event, and hard copies were distributed amongst the international participants. The briefing paper was published on HRI's website, featured on the University of Oxford's Centre for Criminology webpage, as well as posted on social media feeds of key advocates in this field. Following this, the NGO, the Rights Practice, contacted HRI to request that the briefing paper be translated into Chinese, to be used as part of their training and dissemination work. Furthermore, HRI and Cornell Law School's Center on the Death Penalty Worldwide, have since organised three strategic meetings to bring together key researchers and advocates on the topic of women and the death penalty. The first meeting, held in London in 2019, brought together key stakeholders from Europe and Africa to discuss this topic and formulate plans for strategic litigation and further research on the matter. My briefing paper formed the basis of one of the key note speeches. During this meeting, the need for research on women on death row for drug offences in Southeast (the topic of my DPhil) was continually stressed by all stakeholders involved. The second meeting, held in Jakarta in 2019, also involved dissemination of my briefing paper. During my fieldwork in Kuala Lumpur, Malaysia, I was invited by Monash University Malaysia and Harm Reduction International to present a series of workshops they were holding for practitioners and lawyers conducting work on the death penalty in Malaysia. However, this event was cancelled due to the COVID-19 pandemic. I have recently (2021) published a research paper with some of the emerging findings from my doctorate, in the peer-review legal journal, Laws, entitled 'Rethinking the Relationship between Women, Crime and Economic Factors: The Case-Study of Women on Death Row for Drug Trafficking in Malaysia' and since publication and dissemination I have been contacted by the NGO, the Malaysian Centre for Constitutionalism and Human Rights (MCCHR) who wish to use my research as part of a series of workshops they are hosting for experts and researchers on the death penalty and other criminal justice matters.
First Year Of Impact 2019
Sector Government, Democracy and Justice
Impact Types Policy & public services