Entries by Death Penalty Information Center

Just days after a federal judge in California ruled that executions in that state must remain on hold as the lethal injection procedures are carefully considered, the U.S. Court of Appeals for the 8^th Circuit held that lethal injection executions in Missouri may resume because their procedures do not violate the 8^th Amendment’s ban on cruel and unusual punishment. U.S. District Judge Jeremy Fogel, who is presiding over the ongoing legal challenges in California, said there are a number of…

Just weeks before Texas is scheduled to execute Cathy Henderson (pictured) for the murder of a child that she was babysitting, the medical examiner whose testimony helped send her to death row has said he no longer stands by his original opinion that the child’s death resulted from an intentional act on Henderson’s part. In light of new scientific evidence showing that Brandon Baugh’s death could have resulted from an accidental fall, retired Travis County chief medical examiner Roberto Bayardo…

In a guest column published in the Jurist, former FBI Director William S. Sessions underscored the importance of making DNA testing available for those facing execution. He also encouraged states to thoroughly review their capital punishment systems and to make reforms to ensure greater reliability. DNA testing, he noted, has revealed that police often do not have the right suspect in serious crimes. In about 25% of the cases where DNA was available and a suspect had been arrested, testing…

The latest issue of Scientific American contains an article about the science of anesthesiology, noting that “the medical specialty of anesthesiology has evolved into a sophisticated art form.” The magazine reports that the scientific understanding of how anesthetic drugs actually work and how to make them better has lagged behind most other areas of drug development, a shortcoming that has resulted in safety concerns. Episodes of awareness during operations while under general anesthesia, even…

The costs of the death penalty are a key factor affecting the quality of representation in capital cases in at least three states. Lack of representation in parts of the death penalty process has been cited recently in courts in Georgia, Alabama, and Utah. Budget problems at the Georgia Public Defender Standards Council have prevented payments to lawyers since March 1, according to an official at the Council. Defense attorneys say the states’ inability to meet the costs associated with capital…

The Florida Supreme Court reduced a death sentence to life without parole because of the defendant’s serious mental illness. The court noted that this was “one of the most documented cases of serious mental illnesses this court has reviewed.” In its decision rejecting the trial judge’s death sentence for Christopher Offord (pictured), the justices unanimously held that the death penalty was a disproportionate punishment due to Offord’s long-standing mental problems. Medical records show that…

In an important ruling, the Texas Court of Criminal Appeals has thrown out the death sentence of Kenisha Berry, who was sentenced to death in 1998 for the murder of her infant son, Malachi. The 5 – 4 decision stated that Jefferson County prosecutors misstated the special issue presented to jurors regarding Berry’s likelihood of being a future danger to society, one of the key questions Texas jurors consider when they are deliberating a death sentence. Berry’s attorneys argued that there was…

Last year, prosecutors in two neighboring Arizona counties, Pima and Maricopa, sought the death penalty at dramatically different rates, a fact that has many questioning the arbitrary nature of the state’s death penalty. Though just five years ago it had the highest rate of death penalty cases in the nation, Pima County now ranks among the lowest. County Attorney Barbara LaWall sought the death penalty for 1 of 65 accused murderers last year, but in bordering Maricopa County, 44 of 89…

With a number of executions of inmates who have waived their appeals approaching in the U.S., Amnesty International has released a new report, “Prisoner-assisted homicide — more ‘volunteer’ executions loom.” The report addresses the fact that about 12% of executions in the U.S. since the death penalty was reinstated have been of inmates who gave up appeals that would have extended their time on death row. The report looks at some of the possible reasons for the large number of volunteers…

“Towards the Abolition of the Death Penalty in Africa: A Human Rights Perspective” is a new book by Lilian Chenwi that examines the history of capital punishment in Africa and the continent’s emerging trend away from the death penalty. In her book, Chenwi details the impact that both international human rights organizations and international treaties have had on shifting African views about capital punishment. This resource includes chapters on the history and current state of capital…