Death Row

Florida Death-Row Population Drops to 12-Year Low As Jury Unanimity Ruling Takes Effect

The number of prisoners on Florida's death row is now lower than it was on June 30, 2005, as the pace of death sentencing slows and courts reverse the unconstitutional non-unanimous death sentences by which numerous capital defendants had been condemned. Applying the U.S. Supreme Court's 2014 ruling in Hurst v. Florida and subsequent Florida Supreme Court decisions in Hurst v. State and Perry v. State, state courts declared unconstitutional Florida's practice of permitting trial judges to impose death sentences after sentencing juries had not reached a unanimous agreement that death was the appropriate punishment. As a result, death sentences have been vacated in nearly 100 cases, and additional cases are working their way through Florida's court system. So far this year, 15 people have been removed from Florida's death row, and a 16th died after having his death sentence vacated under Hurst, while being transfered to a court hearing. The declining population on death row is not being replaced with new death sentences; the state's last death sentence was handed down in June 2016 and more than 3/4ths of death sentences imposed in the previous five years had involved non-unanimous jury votes for death. As a result, the number of prisoners housed on Florida's death row has fallen from 383 at the beginning of 2017, to 367—slightly lower than the 369 people who were on death row in 2005. Even more prisoners are expected to be removed from death row, as many of those whose death sentences have been invalidated are resentenced to life. (The Department of Corrections death-row roster only removes a prisoner from its list if the prisoner dies, receives clemency, is exonerated, or is resentenced to something other than death.) A DPIC review of Florida capital cases indicates that, through July 13, Florida courts have issued decisions involving Hurst in at least 119 cases. Those decisions have resulted in the vacation of 99 death sentences. To date, the counties most affected by the Hurst rulings have been: Duval (15 sentences); Orange (9 sentences); and Broward (9 sentences). In Duval County, 14 of the 15 death sentences reviewed (93.33%) have been vacated; in Orange County, all 9 death sentences reviewed have been vacated; and in Broward county, 7 of the 9 death sentences reviewed (77.78%) have been vacated. DPIC, in conjunction with researcher and professor Michael Radelet, has also identified at least 149 prisoners who are expected to obtain relief under the Florida court's current interpretation of Hurst, and is tracking what happens to those cases on resentencing. Former Florida Supreme Court Chief Justice Gerald Kogan said the resentencing hearings will present difficulties for the state's legal system: “That’s not an easy thing to go back and dig up all of this evidence and especially to dig up all the witnesses,” for a new sentencing hearing. “We have been very, very negligent in the state of Florida in handling these types of cases,” he said.

New Statistical Brief from the Bureau of Justice Statistics Documents U.S. Death Penalty Decline

The nation's death rows are shrinking more rapidly than new defendants are being sentenced to death, according to a new Bureau of Justice Statistics (BJS) statistical brief, "Capital Punishment, 2014–2015." The statistical brief, which analyzes information on those under sentence of death in the United States as of December 31, 2014 and December 31, 2015, documents a continuing decline in executions, new death sentences, and death row populations across the U.S. 2015 marked the fifteenth consecutive annual decrease in the number of prisoners under sentence of death in the U.S. According to BJS, 69 prisoners were admitted to state or federal death rows in 2014 and 49 were admitted in 2015. (DPIC uses a slightly different counting method that reported 73 death sentences imposed in 2014.) The data also indicates that the decline in the size of death row is attributable to factors other than execution. According to BJS, 75 prisoners were removed from death row in 2014 by means other than execution, such as exoneration, the reversal of a conviction or death sentence, commutation, or death by other causes, as compared with 35 who were executed. In 2015, 82 prisoners were taken off death row by means other than execution, while 28 death-row prisoners were executed. Over the two-year period covered by the data, 39 more prisoners were removed from death row by means other than execution than were admitted as a result of new death sentences. The gap between removals from death row and new admissions is expected to widen even further in 2016 and 2017 as a result of record-low death-sentencing rates and prisoners being removed from death row due to death-penalty statutes having been declared unconstitutional in Florida, Delaware, and Connecticut. BJS reports that 2,881 prisoners remained under sentence of death in 33 states and the federal system at the end of 2015. (Click image to enlarge.)

Study: Texas' 'Harsh and Inhumane' Death-Row Conditions Amount to 'Torture'

The conditions in which prisoners on Texas' death row are confined are "harsh and inhumane," violate international human rights norms, and amount to "a severe and relentless act of torture," according to a new study by the University of Texas School of Law Human Rights Clinic. The study, "Designed to Break You," collected accounts from former death-row prisoners who had been exonerated or who had received lesser sentences after their death sentences had been overturned. Their stories revealed numerous problems with death-row conditions, including, "mandatory solitary confinement, a total ban on contact visits with both attorneys and friends and family, substandard physical and psychological health care, and a lack of access to sufficient religious services." Every prisoner on death row spends about 23 hours a day in an 8-by-12 foot cell for the duration of their time on death row. "This prolonged solitary confinement has overwhelmingly negative effects on inmates’ mental health," the study reports, "exacerbating existing mental health conditions and causing many prisoners to develop mental illness for the first time." Ariel Dulitzky, director of the Human Rights Clinic, said, "Any person who is kept in solitary confinement for more than 15 days starts to suffer mental and psychological effects that cannot be reversed, and that fits the definition of torture." The report concludes that Texas death-row "conditions fall woefully behind international standards for confinement" and offers 13 recommendations to bring conditions in line with international norms. The recommendations include using solitary confinement only as a punitive measure of last resort and banning it altogether for prisoners with mental illness or intellectual disability. The report also recommends that death-row prisoners be permitted contact visits with their lawyers, family, and friends and that they "have access to natural light, fresh air and outdoor activities."

Federal Appeals Court Bars Automatic Solitary Confinement for Former Death Row Prisoners

The U.S. Court of Appeals for the Third Circuit on February 9 declared unconstitutional Pennsylvania's long-standing practice of automatically keeping capital defendants in solitary confinement after courts had overturned their death sentences. Saying that, “Scientific research and evolving jurisprudence has made the harms of solitary confinement clear,” the unanimous three-judge panel ruled that prisoners whose death sentences have been overturned have a constitutionally protected interest against being held in solitary confinement, unless the state could show, after an individualized assessment, that such custody was necessary for security and safety reasons. Shawn Walker and Craig Williams, the former death row prisoners who brought the suit, had spent 14 and 22 years, respectively, in solitary confinement on death row before courts vacated their death sentences. Then each was kept on death row without a death sentence for the six additional years it took to conduct the resentencing proceedings in their cases. In barring continued treatment of inmates like Walker and Williams as death-row prisoners without any demonstrated security need to do so, former Chief Circuit Judge Theodore McKee warned that "Inmates in solitary confinement on death row without active death sentences face the perils of extreme isolation and are at risk of erroneous deprivation of their liberty. Accordingly, they have a clearly established due process right under the Fourteenth Amendment to avoid unnecessary and unexamined solitary confinement on death row." According to a July 2015 DPIC analysis of Pennsylvania death row, 115 former death-row prisoners whose convictions or death sentences had been overturned in post-conviction proceedings had been resentenced to life or less, or acquitted. Most had been kept in death-row solitary confinement without active death sentences before being resentenced or exonerated.

REPORT: Two-Thirds of Oregon's Death Row Have Mental Impairments, History of Severe Trauma, or Were Under 21 at Offense

Most of the prisoners on Oregon's death row suffer from significant mental impairments, according a study released on December 20, 2016 by the Fair Punishment Project at Harvard University. The Project's analysis of case records, media reports, and opinions of Oregon legal experts found that two-thirds of the 35 people on the state's death row "possess signs of serious mental illness or intellectual impairment, endured devastatingly severe childhood trauma, or were not old enough to legally purchase alcohol at the time the offense occurred." The report argues that these characteristics make the prisoners less culpable than the average offender. "[T]he U.S. Supreme Court has held that regardless of the severity of the crime, imposition of the death penalty upon a juvenile or an intellectually disabled person, both classes of individuals who suffer from impaired mental and emotional capacity relative to typically developed adults, would be so disproportionate as to violate his or her 'inherent dignity as a human being,'" the report says, drawing parallels between those classes and the prisoners included in the report. The study found that 9 of the 35 death row prisoners (26%) "presented evidence of significantly impaired cognitive functioning as evidenced by low IQ scores, frontal lobe damage, and fetal alcohol syndrome"; approximately one in four exhibited symptoms of mental illness, or had a confirmed mental health diagnosis; one-third suffered some form of severe childhood or emotional trauma of the sort known to affect brain development; and six (17%) were under the age of 21 at the time of the offense. In one case, an Oregon death row prisoner was granted a hearing to determine whether he is intellectually disabled after evidence showed he has a psychotic disorder, partial fetal alcohol syndrome, visible brain defects in his corpus callosum, a low IQ, and deficits in adaptive behavior that left him functioning at the level of a seven-and-a-half-year old child. His co-defendant, a childhood friend who admitted that he had exerted pressure on the first defendant to participate in the crime, was given a life sentence. The report concludes, "These findings raise a legitimate question as to whether Oregon’s capital punishment scheme is capable of limiting application of the death penalty to the most culpable offenders." Oregon currently has a moratorium on executions, and has executed just two people in 40 years.

Summer 2016 "Death Row USA" Shows Ongoing Decline in Death Row Populations

The NAACP Legal Defense Fund reports that America's death rows have continued to decline in size, with 2,905 men and women on death row across the United States as of July 1, 2016. The new figures, reported in the organization's Summer 2016 edition of its quarterly publication, Death Row USA, represent a 14% decline from the 3,366 prisoners who were on death row one decade earlier. The shrinking of death row populations across the country has exceeded the number of executions during that period, meaning that more prisoners have been removed from death row as a result of having their convictions or death sentences overturned than have been added to the row with newly death-sentenced prisoners. The nation's largest death row states remain: California (741), Florida (396), Texas (254), Alabama (194), and Pennsylvania (175). Nationwide, 42.34% of death row inmates are White, 41.79% are Black, 13.08% are Latino/a, and 2.78% are other races, but racial makeup varies by state. Among the most racially-disproportionate death row populations are Delaware (78% minorities), Texas (73% minorities), Louisiana (70% minorities), Nebraska (70% minorities), and California (66% minorities). Only 55 death row prisoners (1.89%) are women. 

"Death Row, USA Spring 2015" Illustrates Continuing Decline of Death Penalty

The Spring 2015 update to the NAACP Legal Defense Fund's publication, Death Row, USA, reports that 3,002 men and women were on death rows across the United States as of April 1, 2015. This reflects a continuing decline in the size of death row, down 13% since Spring 2005, when 3,452 people were on America's death rows. Several states saw significant drops in their death row populations over that period while carrying out few or no executions: Pennsylvania dropped from 230 to 184 (no executions), North Carolina fell from 197 to 157 (9 executions), and Idaho declined by half, from 22 to 11 (2 executions). The nation's largest death row states are: California (746), Florida (401), Texas (271), Alabama (201), and Pennsylvania. The racial demographics of death row nationwide are 43% white, 42% black, 13% Latino/a, and 2% other races. Only 54 death row inmates (1.8%) are female. The most racially concentrated death rows are Delaware (76% racial minorities); Texas (72%), Louisiana (71%), California (66%), and Pennsylvania (65%).

"Death Row USA, Winter 2015" Shows More Than 12% Drop in U.S. Death Row in Last Decade

The latest edition of the NAACP Legal Defense Fund's Death Row USA, which reports state-by-state information on death rows across the country, reflects a more than 12% decline in the size of death row nationwide. The Winter 2015 edition reports that 3,019 inmates were on America's death rows as of December 31, 2014, down 12.6% from the 3,455 men and women reported ten years earlier. The racial demographics of death row are now 43% white, 42% black, and 13% Latino/Latina. California continued to have the largest death row, with 743 inmates, followed by Florida (403), Texas (276), Alabama (198), and Pennsylvania (188). Of those jurisdictions with at least 10 people on death row, those with the highest proportions of racial minorities were Delaware (76%), Texas (72%), and Louisiana (71%).

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