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FROM DPIC: Extensive News Coverage of Year End Report

National and local media have focused significant attention on DPIC's recent 2013 Year End Report. Coverage has included pieces in the New York Times, Washington Post, USA Today, Los Angeles Times, Wall Street Journal, Time Magazine, CNN, on the wires of the Associated Press and Reuters, and in hundreds of other articles and editorials. Papers highlighted the main theme of the report, which showed a continuing decline in the use of the death penalty around the country. The New York Times quoted DPIC's Executive Director, Richard Dieter, as commenting that “A societal shift is underway.” The Associated Press quoted Dieter saying, "I think the decline begins with the revelations about mistakes in capital cases - that innocent people could get the penalty and almost be executed has shocked the public to the point where death sentences are harder to obtain."


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Toobin on America's Ambivalence Toward the Death Penalty

Jeffrey Toobin, writing in The New Yorker, used the current scramble among states to procure the drugs for lethal injections as a paradigm of the much longer effort to make the death penalty palatable to the American public. "The story of the death penalty in this country," he wrote, "illustrates a characteristically American faith in a technological solution to any problem." However, Toobin concluded, technology can not cover up the broader problems of capital punishment: "The oxymoronic quest for humane executions only accentuates the absurdity of allowing the death penalty in a civilized society." He ended highlighting the declining public support for the death penalty, as well as the drop in executions and death sentences across the country.


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DPIC Releases 2013 Report, Showing Marked Decline in Death Penalty Use

On December 19, the Death Penalty Information Center released its annual report on the latest developments in capital punishment, "The Death Penalty in 2013: Year End Report." In 2013, executions declined, fewer states imposed death sentences, and the size of death row decreased compared to the previous year. The number of states with the death penalty also dropped, and public support for capital punishment registered a 40-year low. There were 39 executions in the U.S., marking only the second time in 19 years that there were less than 40. Just two states, Texas (16) and Florida (7), were responsible for 59% of the executions. The number of death sentences (80) remained near record lows, and several major death penalty states, inclucing Virginia, South Carolina, Tennessee, and Louisiana, imposed no death sentences this year. Maryland became the sixth state in six years to abolish capital punishment. “Twenty years ago, use of the death penalty was increasing. Now it is declining by almost every measure,” said Richard Dieter, DPIC’s Executive Director and the author of the report. “The recurrent problems of the death penalty have made its application rare, isolated, and often delayed for decades. More states will likely reconsider the wisdom of retaining this expensive and ineffectual practice.”

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NEW VOICES: A Doctor Challenges the Medical Model of U.S. Executions

As an anesthesiologist, Dr. Joel Zivot applied some of the same drugs in operating rooms as are used in executions in the U.S. He admired their life-saving qualities for patients, but bridled at their use in taking lives. Writing recently in USA Today, he cautioned against this "poisonous" use of medicines, saying, "States may choose to execute their citizens, but when they employ lethal injection, they are not practicing medicine. They are usurping the tools and arts of the medical trade and propagating a fiction." Dr. Zivot is a professor of anesthesiology at Emory University School of Medicine. In his op-ed, he called for a halt to all use of anesthetics in executions: "From an ethical perspective, I cannot make the case that a medicine in short supply should preferentially be used to kill rather than to heal."  Read the op-ed below.


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Lethal Injection Challenges Delay Executions in Florida, Missouri, Georgia

Legal challenges to new lethal injection procedures have delayed executions in Florida and Missouri this week. Similar challenges halted executions in Georgia in July. On November 18, the Florida Supreme Court ordered a hearing on the state's new execution protocol and stayed the execution of Askari Muhammad, who had been scheduled for execution on December 3. The hearing will examine "the efficacy of midazolam hydrochloride as an anesthetic in the amount prescribed by Florida's protocol." Florida is the first state to use midazolam in executions, having carried out two executions using this drug in combination with 2 other drugs. In Missouri, a federal judge stayed the execution of Joseph Franklin on November 19, calling the state's execution protocol, "a frustratingly moving target." She said that the Department of Corrections "has not provided any information about the certification, inspection history, infraction history, or other aspects of the compounding pharmacy or of the person compounding the drug." The stay was lifted hours later by a higher court, and Franklin was executed on November 20, though other challenges to the execution process continue. Earlier this year, a Georgia Superior Court judge stayed the execution of Warren Hill, questioning the constitutionality of the law that classified information on execution drugs as "confidential state secrets." 


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LETHAL INJECTION: States Resorting to Secrecy and Backup Procedures to Execute Inmates

As states try to secure the drugs for carrying out lethal injections, they are increasingly resorting "to secrecy and backup execution protocols necessitated by drug shortages instead of treating those condemned to death with the dignity appropriate to any human life," according to a recent article in the Crime Report by Richard Dieter, Executive Director of the Death Penalty Information Center. The article described a number of desperate measures taken by states, such as secretly obtaining drugs from questionable sources overseas, designating a pharmacy as part of the "execution team" to hide its identity, and trying drugs never used before in executions. The article traces the history of lethal injections, culminating in the refusal of many drug companies to allow their products to be used in executions. On November 12, Florida will employ a risky 3-drug procedure, including a critical sedative only used once before in an execution. On November 14, Ohio intends to use a new injection process never tried before in U.S. executions.


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LETHAL INJECTION: New Execution Practices Raising Medical Concerns

Medical experts are concerned that untried lethal injection procedures in some states could cause prolonged, painful deaths. Ohio will try a procedure never used before in an execution on November 14 when it plans to inject a combination of the sedative midazolam and the painkiller hydromorphone. According to Dr. Jonathan Groner, a professor of clinical surgery at Ohio State University College of Medicine, a hydromorphone overdose can cause painful side effects, including an extreme burning sensation, seizures, hallucination, panic attacks, vomiting, and muscle pain. He said, "You're basically relying on the toxic side effects to kill people while guessing at what levels that occurs." Groner added, if the hydromorphone IV is set poorly, "it would be absorbed under the skin, subcutaneously, very slowly, and that death could be extremely prolonged…It may be painful, and it may take forever." Doctors also raised concerns about Missouri's planned use of pentobarbital from a compounding pharmacy. Compounding pharmacies are not regulated by the Food and Drug Administration, and drugs from one such pharmacy caused a deadly outbreak of fungal meningitis in 2012. David Waisel, an associate professor of anesthesiology at Harvard Medical School, said that contaminated pentobarbital could cause a sensation similar to rubbing an open wound with sandpaper. Florida was the first state to use midazolam, although it employed different secondary drugs than Ohio. In an October 15 execution, the inmate appeared to remain conscious longer than usual and made movements after losing consciousness.


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Federal Court to Review Florida's Unique Execution Procedure

A federal court in Florida will review challenges to the state's new lethal injection procedure, which the state plans to use in an upcoming execution on November 12. Florida is the only state in the country to use this new protocol, which begins with the sedative midazolam, followed by a paralytic drug and potassium chloride. Attorneys for Florida death row inmates allege the process could result in severe pain in violation of the 8th Amendment. Megan McCracken, an attorney at the death penalty clinic at the University of California Berkeley School of Law, said, “If [potassium chloride is] given to a conscious person who has been inadequately anesthetized, it causes incredible pain because it activates nerve endings. It will feel like burning through the circulatory system until it reaches the heart, which it stops.” Florida switched to midazolam due to a shortage of pentobarbital, an anesthetic used in almost all executions over the past 2 years. Texas, which also has an execution scheduled for November 12, has obtained pentobarbital from a compounding pharmacy. It employs only 1 drug in its executions. Ohio recently announced it will use a new protocol involving midazolam and hydromorphone in its execution scheduled for November 14. That procedure is also under review in federal court.


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LETHAL INJECTION: Many States Changing Lethal Injection Process

On October 4, Ohio announced it will be obtaining its execution drug, pentobarbital, from a compounding pharmacy if it is not available from the manufacturer. Texas made a similar announcement a few days earler. In the past, some compounding pharmacies have been implicated in providing contaminated drugs with fatal side effects. These local companies are not regulated by the Food and Drug Administration. Florida announced it will be using a new drug, midazolam, in its October 15 execution. The drug will be part of a 3-drug process and has never been used before in executions. The 3-drug process can be extremely painful if the first drug is not completely effective. Missouri intends to be the first state in the country to use the drug propofol in its October 23 execution, despite the fact that the drug company that delivered the drug has asked for its return. If Missouri goes ahead with the execution, European countries may impose restrictions on the exportation of this drug, thereby affecting other uses for vital surgeries in the U.S.  Finally, Tennessee will now use only a single drug, pentobarbital, in its executions, though it did not say where it hoped to obtain the drug.


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What the Media Is Saying About DPIC's "The 2% Death Penalty"

2%Since DPIC released its new report, The 2% Death Penalty, on October 2, both national and international media have been reporting on its findings. The Washington Post noted, "Two percent of the counties in the country were responsible for [most] 685 of 1,320 executions from 1976, when the Supreme Court reinstated the death penalty, to 2012." The Los Angeles Times, quoted DPIC's Executive Director, "'The death penalty is not as American or as widespread as people might assume. It is clustered in a few counties,' said Richard Dieter, the group's executive director." Similar stories have appeared in CBS News, The Guardian (London), U.S. News & World Report, The Philadelphia Inquirer, The Columbus Dispatch, The National Journal, and many other outlets. Many stories echoed Stateline's emphasis on the burden that all taxpayers share because of the actions of a few counties: "After a death sentence is handed down, states are on the hook for paying for the prosecution and sometimes defense, as well as housing the inmate. Those costs are borne by the entire state, not just the counties that impose the death sentence." (Click on image to enlarge).


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