Testimony, Resolutions, Statements, & Speeches

New Report Documents “Dramatic Rise” in Republican Support for Death-Penalty Repeal

"The death penalty is dying in the United States, and Republicans are contributing to its demise," concludes a new report, The Right Way, released on October 25 by the advocacy group Conservatives Concerned About the Death Penalty. The report traces "the dramatic rise in Republican sponsorship of bills to end the death penalty" and the trends that it says helped contribute to this rise. Based on this data, the report says "[m]ore Republican lawmakers are recognizing that the death penalty is a broken policy and taking an active role in efforts to end it." The data in the report reflect both the emergence of Republican leadership in bills to repeal the death penalty and increased bi-partisanship in the sponsorship of these bills. Forty Republican legislators sponsored bills to abolish the death penalty in 2016, the report says, "ten times as many [who] sponsored repeal bills ... in 2000." It also reports that the percentage of repeal-bill sponsors who are Republicans has risen to 31%, a six-fold increase since 2007. The report highlights grassroots, party-level, and religious shifts in Republican views about and activism against the death penalty. In addition to the national Conservatives Concerned About the Death Penalty, conservative anti-death-penalty advocacy groups have formed in eleven predominently Republican "red states." In Kansas, the state Republican Party "removed its death penalty support from the Party’s platform in 2014" in favor of a neutral position and voted down an attempt to restore a pro-death penalty stance in 2016. The report also says Evangelicals are increasingly "forsak[ing] the death penalty," pointing to the public involvolvement of prominent Evangelical leaders opposing state efforts to carry out executions in a number of recent cases and the new policy of position the National Association of Evangelicals, expressing neutrality on the death penalty and acknowledging its flaws. Recent national polls confirm the report's observations. The October 2017 Gallup poll on the death penalty indicated that death-penalty support among Republicans fell by ten percentage points, from 82% to 72%, in the last year, and the Pew Research Center reported a seven percentage-point decline in support for capital punishment between 2011 and 2015 among respondents who described themselves as conservative Republicans. The Right Way highlights the actions of five Republican state legislators' efforts to repeal capital punishment in predominantly Republican states, and addresses the substantive concerns that have given rise to Republican death-penalty opposition. "Plagued by wrongful convictions, high costs, and delays," the report says, "the death penalty has proven to be ineffective and incompatible with a number of core conservative principles. It runs afoul of conservative commitments to limited government, fiscal responsibility, and a culture of life." As renewed pushes to abolish the death penalty move forward in states like Utah and New Hampshire, the Gallup organization suggests that the actions of Republicans may be critical in determining the death penalty's future. It's analysis of this year's poll states: "Thirty-one states, primarily in Republican-leaning regions, allow the death penalty. The likelihood of many of those states changing their laws hinges on whether rank-and-file Republican support for capital punishment remains high or declines in the future."

National Hispanic Caucus of State Legislators Calls for Abolition of Death Penalty

Calling racial bias in the administration of the death penalty "an undisputed fact," the National Hispanic Caucus of State Legislators (NHCSL), a group of 320 Hispanic legislators, has passed a resolution urging legislative action in all state and federal jurisdictions to repeal the death penalty across the United States. The legislators note that the criminal justice system subjects "Black, Latino, Native Americans, and all people of color" to more punitive treatment, including being "more likely to be sentenced to death." The resolution highlights racial inequities that occur at several key stages of capital cases. Citing studies that "white juries are more likely to sentence a Latino defendant to death," it also stresses that "racial bias extends beyond who is sentenced to death," as the mostly white prosecutors who have authority to make life and decisions in capital cases disproportionately seek death in cases involving white victims. The resolution points out that "every single one" of the ten counties with the largest death row populations in the United States "has large or majority Latino populations," magnifying the impact of capital punishment policies on the Hispanic community. NHCSL President and Pennsylvania State Representative Ángel Cruz said, "We cannot allow more government dollars to be diverted to killing people, instead of investing them in prevention, rehabilitation, and effective crime fighting measures that ensure greater safety in our communities. We therefore call on the federal government and every other jurisdiction in this country to end a senseless policy and end the death penalty now." Referencing the high cost of capital punishment, the resolution proposes alternative uses for those tax dollars: "repeal of the death penalty will free up millions of tax dollars trapped in cash-strapped state budgets that could be redirected to violence prevention, combatting implicit bias, or supporting victims of violence in Latino communities." Colorado Representative Dan Pabón, co-sponsor of the resolution, said, "This is the civil rights issue of our time.  Even if repealing the death penalty results in one innocent life being saved, it’s worth it.  Our criminal justice system should focus on 'justice.'"

NEW VOICES: American Society of Health-System Pharmacists Opposes Participation in Executions

In a press release on June 9, the American Society of Health-System Pharmacists (ASHP) announced its policy affirming "that pharmacists, as healthcare providers who are dedicated to achieving optimal health outcomes and preserving life, should not participate in capital punishment." ASHP represents 40,000 members, including pharmacists who serve as patient-care providers in acute and ambulatory settings. The organization also includes student pharmacists and pharmacy technicians. The policy was approved by the organization’s chief policy-making body, the House of Delegates, during ASHP’s Summer Meetings this week in Denver. “This policy makes it clear that ASHP opposes pharmacists’ participation in capital punishment,” said ASHP Chief Executive Officer Paul W. Abramowitz, Pharm.D., Sc.D. (Hon.), FASHP. “We are proud that our members as patient care providers who are dedicated to achieving optimal health outcomes have taken this strong, ethical stance.”

NEW VOICES: Leading Pharmacists Oppose Participation in Lethal Injections

In a recent op-ed in The Hill, three leading pharmacists wrote in support of the resolution by the American Pharmacists Association (APhA), discouraging pharmacist participation in executions. Leonard Edloe, former CEO of Edloe's Professional Pharmacies, William Fassett (pictured), professor emeritus of pharmacology at Washington State University, and Philip Hantsen, professor emeritus at the University of Washington School of Pharmacy, wrote, "The healthcare community is now united in opposition to involvement in lethal injection, a form of execution that masquerades as a medical procedure yet violates core values of all healing professions." They warned that lethal injections without the appropriate drugs, personnel, and procedures, would be "brutal and unpredictable charades that shame this nation." The op-ed emphasized the overwhelming support of APhA members in adopting the resolution: "While APhA was engaged in developing the policy revision, problems associated with using experimental drug protocols became glaringly visible, particularly after the Clayton Lockett execution debacle in Oklahoma. By the time the APhA House of Delegates met in March 2015, there was very little disagreement among APhA member pharmacists that the proposed policy should be adopted, and no House of Delegates member spoke against its passage during final deliberations." Read the op-ed below.

American Bar Association Calls for Unanimous Juries and Greater Transparency in Execution Process

On February 9, the House of Delegates of the American Bar Association unanimously passed two resolutions calling for unanimous juries in capital sentencing and greater transparency in lethal injection procedures. Resolution 108A stated: "Before a court can impose a sentence of death, a jury must unanimously recommend or vote to impose that sentence," and, "The jury in such cases must also unanimously agree on the existence of any fact that is a prerequisite for eligibility for the death penalty and on the specific aggravating factors that have each been proven beyond a reasonable doubt." Currently, some states, including Florida, Alabama, and Delaware, allow a jury to recommend a death sentence without unanimity. Resolution 108B called for all death penalty jurisdictions "to promulgate execution protocols in an open and transparent manner and require public review and comment prior to final adoption of any execution protocol, and require disclosure to the public by all relevant agencies of all relevant information regarding execution procedures." As lethal injection drug restrictions have caused states to seek out new sources of drugs, many states have adopted secrecy policies surrounding their lethal injection process. 

Anesthesiologist Calls Ohio Execution "Inhumane"

The lethal injection of Dennis McGuire in Ohio in January "was not a humane execution," according to Dr. Kent Dively (pictured), a San Diego anesthesiologist who examined records related to the execution, which took nearly 30 minutes to complete. Dr. Dively made the statement in an affidavit related to a civil rights suit filed by McGuire's children. McGuire was the first person in the country to be executed using a combination of midazolam and hydromorphone. Dively stated, "Neither of these drugs combined in the doses used can be depended upon to produce a rapid loss of consciousness and death." He continued, "Mr. McGuire was noted to be straining against his restraints, struggling to breathe, and making hand gestures. More likely than not these represent conscious voluntary actions by Mr. McGuire. They exemplify true pain and suffering in the several minutes before he lost consciousness." He also noted that Ohio's execution protocol states that all executions will be carried out in a "professional, humane, sensitive, and dignified manner," and said the state failed to meet its own standards: "These drugs do not fulfill the criteria set forth by the state of Ohio. They do not provide for an execution in a professional, humane, sensitive, and dignified manner. Allowing the inmate to suffer for a prolonged period struggling to get free and gasping for air before death certainly is not dignified nor humane." He recommended the state "reconsider the drug combinations they are currently employing. Otherwise other inmates in the future could suffer egregious inhumane deaths like Mr. McGuire."

INTERNATIONAL: UN Secretary-General Says Death Penalty Is Cruel and Inhumane

United Nations Secretary-General Ban Ki-Moon recently called on all nations to take concrete steps toward ending the death penalty. In his opening remarks at an event co-sponsored by the High Commissioner for Human Rights, Mr. Ban said, "Together, we can finally end this cruel and inhumane practice everywhere around the world." He noted that "more than four out of five countries — an estimated 160 Member States — have either abolished the death penalty or do not practice it." He encouraged support for the UN General Assembly's resolution, first adopted in 2007, supporting a moratorium on the death penalty with a view toward abolishing it. Each time the resolution is renewed, its margin of support has grown. Ban also called on member states to ratify the Second Optional Protocol of the International Covenant on Civil and Political Rights, aiming at ending capital punishment.

Excerpts from Dissent Regarding Secrecy of Lethal Injection Drugs

In a dissent from a decision by the U.S. Court of Appeals for the Eighth Circuit allowing Missouri's execution of Michael Taylor on February 26, three judges sharply criticized the secrecy of Missouri's lethal injection protocol as a violation of Taylor's right to due process. The dissenters would have stayed the execution to allow Taylor to obtain information about the source of the execution drugs:

  • "Because Taylor seeks to determine whether the drug to be used in his execution will result in pain or in a lingering death, it bears repeating the importance of the identities of the pharmacists, laboratories, and drug suppliers in determining whether Missouri's execution of death row inmates is constitutional."
  • "[F]rom the absolute dearth of information Missouri has disclosed to this court, the 'pharmacy' on which Missouri relies could be nothing more than a high school chemistry class."
  • "If through lack of experience or lack of time to do adequate testing, the pharmacy has manufactured something which is quite painful, Taylor's constitutional rights would be violated."
  • "Missouri has a storied history of ignoring death row inmates' constitutional rights to federal review of their executions. I once again fear Missouri elevates the ends over the means in its rush to execute Taylor."

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