About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

25 Austl. J. Asian L. 1 (2024-2025)

handle is hein.journals/ajal25 and id is 1 raw text is: Australian Journal of Asian Law, 2024, Vol 25 No 1, Article 01: 1-22 The Straits Approach: Convergence and Divergence in the Death Penalty for Drug Trafficking Luke Metherell* In 1975, Malaysia and Singapore adopted the death penalty for drug trafficking. Throughout the 20th century, both states would repeatedly converge toward a shared 'Straits Approach' of markedly similar iterations of the policy. Traffickers soon made up a majority of those hanged in each country, with executions peaking in the 1990s. However, in April 2023, after continued debate, Malaysia abolished mandatory death sentencing, with a moratorium on executions in place since 2018. Inversely, Singapore continues to execute at a high rate, and its government stridently defends the policy. Through a comparative legal and historical analysis, this article investigates why these states have converged and then diverged in their use of the death penalty for trafficking. It reveals that their strong convergence was caused by reciprocal legal transplants, existing institutional commonalities, and a legal arms race - with each mimicking the other's more punitive policy developments to avoid being exploited as lenient. Their divergence in the new millennium is explained by a shift in the preferences of Malaysia's elites caused by instability and changes in its political institutions. In contrast, Singapore's resilience is due to its institutional stability and a rationalising ideology. Malaysia and Singapore share remarkable commonalities, including colonial history, lengthy periods of (1minant-party governance and1 an English common law legal heritage (Novak, 201:304-05). In 1)75 both sNaes respondled to rising rates ofd'rug abuse by legislaing the (deIh penally fior (Irug tralTickers (('han. 2016: 185; IHarring. 11)1: :37:). In .April that ye,w. the Mlalaysian government amendled its I)angerous IDrugs Acl 19)52 ()D).A) t(o mandtle a lilf sentlence or capital punishmenI oir those convicted ofdlrug ralfficking. Singapore soon lfollowedl in November with changes to ils Mlisuse ofl)rugs .\ct 19)7: (AIIA)). making t he lealh sentence mandtioryfoir i rafickers. This began a pattern ol both states looking across the causeway ai neighbouring dlevelopments to converge on a 'Strails \pproach' to ralfficking penallies. (Over the remaindler oI the 20th cenlury. lhey wouldI repeatledly alopI markedlly similar laws. wit h Mlalaysia too making the dleat h sentence mandat oryfior IralTicking in 1)8: (Ilarring. 19)9)1: :375). As a resull. dlrug oiffenlers have come to make up a majority oflthose execuledl in bot h countries. From 1)57 1t 2001. 221) were hangedI in Malalysia lfir the offence. while flrom 1)9)1 to 2014 alone, :28 conviced t raffickers were execuledl in Singapore (Singh el al. 2023: :: Chan. 2016: 180).1 However, in July 2018. aller years of lomestie (debat e over the policy, Malaysia imposed a moraIorium on executions. The pause remainedl in plaice in April 202:1, when abilaysia further diverged from the two states' common approach by abolishing its mandatory death penalty (ABC, 2023). By contrast, in Singapore, the government's position remains entrenched, with 16 killed from 2022 to 2023 (HRW, 2024). The ruling People's Action Party (PAP) vigorously defends the policy, recently tightening appeal rights in capital cases and harassing abolitionist activists (Al Jazeera, 2022; CIVICUS, 2023). Applying a historical comparative law approach, this article investigates the convergence and divergence of Malaysia and Singapore's policy of using the death sentence for drug trafficking offences. Both are sovereign and independent nations yet share borders, interwoven history, similar forms of governance, and a common legal heritage. Both also implemented capital punishment for traffickers within months of each other, with nearly identical subsequent policy trajectories until 2018. This pattern suggests a ripe ground for comparative analysis, yet there are few accounts of legal convergence in criminal law and none addressing this case. Little has also been written about the landmark 2023 Malaysian reforms. This article seeks to contribute to both the literature JD Student at La Trobe University. I thank Professor Lorne Neudorf for his support. 1 Both governments have historically been secretive regarding execution numbers, with estimates generally assembled by non-governmental organisations (Johnson and Zimring, 2009: 305-08). Statistics provided in this article come with this caveat.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most