Entries by Leah Roemer

The sin­gle most com­mon out­come for a death sen­tence in the mod­ern era is for it to be reversed on appeal due to a con­sti­tu­tion­al vio­la­tion. Most peo­ple whose sen­tences are reversed get resen­tenced to life in prison or less, but some pros­e­cu­tors per­sist in seek­ing new death sen­tences even after mul­ti­ple rever­sals. A Death Penalty Information Center analy­sis of the 14 peo­ple sen­tenced to death four or more times for the same crime finds that prosecutorial…

The Supreme Court has con­sis­tent­ly held that​“death is dif­fer­ent”: the​“qual­i­ta­tive dif­fer­ence between death and oth­er penal­ties calls for a greater degree of reli­a­bil­i­ty when the death sen­tence is imposed.” As a result, cap­i­tal defen­dants pur­sue a series of manda­to­ry and dis­cre­tionary appeals to ensure that mis­takes of con­sti­tu­tion­al sig­nif­i­cance are iden­ti­fied and cor­rect­ed. However, death-sen­­­tenced pris­on­ers in Louisiana recent­ly argued that the…

On March 31, the Supreme Court declined to hear the appeal of Lance Shockley of Missouri, the 36^th death-sen­­­tenced per­son to be denied cer­tio­rari by the Court this year. At tri­al, Mr. Shockley’s jury fore­man was removed before the sen­tenc­ing phase based on evi­dence of seri­ous bias — but Mr. Shockley’s attor­ney declined the oppor­tu­ni­ty to ques­tion the fore­man or oth­er jurors about the mis­con­duct, and his con­vic­tion, which the fore­man par­tic­i­pat­ed in, was allowed to…

As clos­ing argu­ments of his tri­al began in Johnston County, North Carolina, Hasson Bacote watched as Assistant District Attorney Gregory Butler urged the jury to sen­tence him to death. Mr. Bacote, a Black man, had been con­vict­ed of fatal­ly shoot­ing 18-year-old Anthony Surles dur­ing a rob­bery when Mr. Bacote was just 21 years old. Mr. Bacote admit­ted he had fired a sin­gle shot out of a trail­er, but said he did not know that he hit any­one.​“Hasson Bacote is a thug: cold-blooded…

In a three-day span from March 18 to March 20, four men were exe­cut­ed in four dif­fer­ent states. Two of the men put to death, in Louisiana and Arizona, were the first exe­cut­ed in their state in years. While the close tim­ing of the exe­cu­tions result­ed from inde­pen­dent state-lev­­­el deci­sions and indi­vid­u­al­ized legal devel­op­ments rather than any coor­di­nat­ed nation­al effort, all four exe­cu­tions raised seri­ous con­sti­tu­tion­al con­cerns. ### March 18: Jessie Hoffman (LA) On…

When California Governor Gavin Newsom announced a mora­to­ri­um on exe­cu­tions in 2019, he said that the state’s​“death penal­ty sys­tem has been, by all mea­sures, a fail­ure.” He explained that the death penal­ty​“has dis­crim­i­nat­ed against defen­dants who are men­tal­ly ill, Black and brown, or can’t afford expen­sive legal representation…[while pro­vid­ing] no pub­lic safe­ty ben­e­fit or val­ue as a deter­rent.” In 2024, California courts agreed that exe­cu­tion was not the…

At Brenda Andrew’s 2004 tri­al in Oklahoma for the mur­der of her hus­band, the pros­e­cu­tor called wit­ness­es to tes­ti­fy about her​“provoca­tive” cloth­ing and her pre­vi­ous sex­u­al rela­tion­ships, and ques­tioned​“whether a good moth­er would dress or behave” the way she had. Jurors heard Ms. Andrew called a​“hoochie” and a​“slut pup­py.” In his clos­ing argu­ment, the pros­e­cu­tor opened a suit­case and showed the jury Ms. Andrew’s under­wear, ask­ing,​“The grieving widow…

When Marion Bowman was arrest­ed at age 20 for the mur­der of Kandee Martin, soci­ety did not con­sid­er him mature enough to drink alco­hol, rent a car, or enter a casi­no. Yet he was deemed old enough to be sen­tenced to death. Now 44, he has spent over half his life on South Carolina’s death row and is sched­uled for exe­cu­tion on January 31. ​“Retribution is not pro­por­tion­al if the law’s most severe penal­ty is imposed on one whose cul­pa­bil­i­ty or blame­wor­thi­ness is dimin­ished, to a substantial degree…

If Joseph Corcoran had been sen­tenced to death just a few miles to the east, across the bor­der in Ohio instead of in Fort Wayne, Indiana, it’s like­ly that a court would have barred his exe­cu­tion. Ohio law pre­vents a per­son with a seri­ous men­tal ill­ness (SMI) at the time of their crime, defined as schiz­o­phre­nia, schizoaf­fec­tive dis­or­der, bipo­lar dis­or­der, or delu­sion­al dis­or­der, from being put to death. Mr. Corcoran, who has a long his­to­ry of paranoid…