News and Developments 2006: Sentencing

DPIC RELEASES 2006 YEAR END REPORT NOTING DECLINE IN USE OF THE DEATH PENALTY

DPIC's 12th annual Year End Report was released on December 14 and reveals a broad decline in the use of the death penalty in the U.S.

NEW RESOURCES: Bureau of Justice Statistics Releases Capital Punishment, 2005

The Bureau of Justice Statistics has just released the 2005 version of its annual report on the death penalty in the U.S. The report notes that both the number of death sentences and the size of death row were down for 2005, and that this represents a trend over the past 5 years. The report states that there were 60 executions in 2005, all by lethal injection, and that the time between sentencing and execution was longer in 2005 than in 2004.

Unanimous Jury Votes for Life Sentence, but Alabama Judge Imposes Death

Oscar Doster was found guilty earlier this year of capital murder in the course of a robbery in Alabama.  Doster claimed that his co-defendant actually committed the murder.  The jury unanimously recommended that Doster be sentenced to life without parole.  In Alabama, unlike most other death penalty states, the judge is allowed to override a jury's recommendation for life.  Typically in other states, even one juror's vote for a life sentence will prevent the court from imposing a death sentence.  Judge Ashley McKathan rejected the recommendation of all 12 jurors that Doster's life be spared.<

Texas Death Sentences Drop 65% in Past Ten Years

The annual number of death sentences in Texas has declined from 40 in fiscal year 1996 to 14 in 2006, a drop of 65%, according to the State Office of Court Administration.  Last year there were 15 new death sentences.  This decrease is in line with the national decline in death sentences, which dropped from about 300 per year in the 1990s to 125 in 2005.

Mounting Evidence of the Declining Use of the Death Penalty in U.S.

The May 8th edition of U.S. News & World Report highlights the declining number of death sentences handed down each year in the U.S., the smaller number of executions, and the growing number of states that are re-evaluating capital punishment.  Public support for the death penalty has also decreased because of doubts about the accuracy and fairnes of capital punishment.

Alabama's Death Sentences Concentrated in One County

Although death sentences have declined around the country, they have dramatically increased in Jefferson County, Alabama, since 1993 when state legislators expanded the death penalty to include drive-by shootings.  Jefferson County, which includes Birmingham, accounted for nearly 50% of the state's death sentences in 2005 and 2006.

SENTENCING: American Judicature Society Releases Death Sentence Numbers for 2005

The Capital Case Data Project of the American Judicature Society announced their count of 125 new death sentences in 2005, one less than in 2004.  In addition, AJS counted 14 death sentences imposed through new sentence proceedings after appellate reversals.  Those sentenced to death included 63 white defendants, 57 black defendants, and 15 Hispanics.  The largest number of death sentences were imposed in California (19) and Florida (16).  Texas had 14 death sentences, down considerably from 24 in 2004.  The Bureau of Justice Statistics will release their data on death sentences in 2005

NEW RESOURCE: "Death By Design" Examines Psychology Behind U.S. Death Penalty

In his new book, Death by Design: Capital Punishment as a Social Psychological System, Craig Haney argues that capital punishment, and particularly the events that lead to death sentencing itself, are maintained through a system that distances and disengages people from the true nature of the task. Haney, a professor of psychology at the University of California, Santa Cruz, relies on his own research and that other of other scientists in approaching the question, "How can normal, moral people participate in a process designed to take the life of another?"

Pennsylvania Jurors Opting for Life Sentences

Lawyers and prosecutors in Allegheny County (Pittsburgh), Pennsylvania say that concerns about innocence and shifting public attitudes on the death penalty have caused jurors in the county to "lose their taste" for capital punishment. In each of the past 8 capital cases tried, jurors spared the life of the defendant.