Death Row

Conditions on Death Row

Death-row prisoners are typically incarcerated in solitary confinement, subject to much more deprivation and harsher conditions than other prisoners. As a result, many experience declining mental health.

Overview 
 

As the time between sen­tenc­ing and exe­cu­tion in the U.S. has length­ened from a few years to decades, the con­di­tions of con­fine­ment for death row inmates have come under clos­er scruti­ny. Some Supreme Court Justices have raised con­sti­tu­tion­al con­cerns about the phys­i­cal and psy­cho­log­i­cal effects of being held for exten­sive time in soli­tary con­fine­ment, sep­a­rate from chal­lenges to the death penal­ty itself. Many legal experts in the U.S. and else­where have con­clud­ed that this pro­longed iso­la­tion is a form of cru­el and unusu­al pun­ish­ment, com­pa­ra­ble to torture.

Many death row inmates suf­fer from men­tal ill­ness, and the iso­la­tion on death row often exac­er­bates their con­di­tion. Older inmates also suf­fer from increas­ing phys­i­cal dis­abil­i­ties, ren­der­ing their ulti­mate exe­cu­tion a par­tic­u­lar­ly demeaning action.

At Issue 
 

The issue of exten­sive time on death row presents a dilem­ma: If death penal­ty appeals are rushed through the sys­tem, it might lessen the time spent on death row, but more inno­cent peo­ple will be exe­cut­ed and grave injus­tices will remain undis­cov­ered. A thor­ough review of each case, with an open­ness to retri­al upon the emer­gence of new evi­dence, has the side effect of keep­ing inmates in degrad­ing con­di­tions for twen­ty years or more. This inher­ent ten­sion alone could lead to the end of the death penalty.

What DPIC Offers 
 

DPIC pro­vides sum­maries of the con­di­tions and rules gov­ern­ing inmates on death row in each state. It also tracks the amount of time that inmates spend under these con­di­tions. Finally, DPIC col­lects the impor­tant court deci­sions relat­ed to this issue.

News & Developments


News

Dec 18, 2024

4th Circuit Affirms Dismissal of Legal Challenge to South Carolina’s Restriction on Media Access to Prisoners

On December 13, 2024, the United States Court of Appeals for the Fourth Circuit affirmed the August, 2024 dis­missal of a law­suit that sought to chal­lenge, on First Amendment grounds, a South Carolina Department of Corrections’ (SCDC) pol­i­cy that pro­hibits the pub­li­ca­tion of inter­views between pris­on­ers and the media or mem­bers of the pub­lic. In its deci­sion, the Fourth Circuit cit­ed to Houchins v. KQED, a 1978 Supreme Court rul­ing which held that the U.S. Constitution does…

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News

Dec 05, 2024

Hidden Casualties: Executions Harm Mental Health of Prison Staff

In March, Oklahoma offi­cials asked the state’s high court to increase the time between exe­cu­tions from 60 to 90 days, cit­ing the last­ing trau­ma” and psy­cho­log­i­cal toll” of exe­cu­tions on cor­rec­tions offi­cers. But Judge Gary Lumpkin dis­missed these con­cerns, telling offi­cials that prison staff need­ed to suck it up” and man up.” A few weeks lat­er, Brian Dorsey was exe­cut­ed in Missouri after the gov­er­nor ignored the pleas of an unprece­dent­ed 72 cor­rec­tions offi­cers to grant him clemen­cy. We…

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News

Oct 24, 2024

New Analysis: Death-Sentenced Prisoners Volunteer” for Execution at Ten Times Civilian Suicide Rate

Derrick Dearman first told his moth­er that he want­ed to die when he was four years old. On October 17, he was exe­cut­ed by the state of Alabama, becom­ing the 20th per­son exe­cut­ed in the United States this year and the 165th in the mod­ern era to vol­un­teer” for death. A new analy­sis by the Death Penalty Information Center shows that despite falling rates of death sen­tences, exe­cu­tions, and pub­lic sup­port for the death penal­ty, the num­ber of death-sen­tenced pris­on­ers waiv­ing their appeals and…

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News

Sep 30, 2024

Rulings for Two Death-Sentenced Prisoners Recognize Devastating Harm Caused by Solitary Confinement

Scientists and oth­er experts are unan­i­mous in their con­clu­sion that indef­i­nite or pro­longed soli­tary con­fine­ment caus­es seri­ous harm, and the United Nations says it amounts to tor­ture — yet most death-sen­tenced peo­ple in America are con­fined to these extreme con­di­tions of iso­la­tion and depri­va­tion for years. As of 2020, a dozen states rou­tine­ly kept death-sen­tenced pris­on­ers in sin­gle cells for at least twen­ty-two hours a day with lit­tle-to-no human con­tact. Two recent devel­op­ments in capital…

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News

Jun 27, 2024

Discussions with DPIC Podcast: Attorney Jessica Sutton on the Unique Challenges of LGBTQ+ Capital Defendants

In this month’s episode of Discussions with DPIC, Managing Director Anne Holsinger speaks with Jessica Sutton, prin­ci­pal attor­ney with Phillips Black, a non­prof­it pub­lic inter­est law firm focused cap­i­tal defense. Ms. Sutton has rep­re­sent­ed clients fac­ing the death penal­ty in more than a dozen juris­dic­tions across the U.S. and at all stages of pro­ceed­ings. In recog­ni­tion of Pride month, Ms. Sutton dis­cuss­es the unique chal­lenges LGBTQ+ peo­ple face in the cap­i­tal pun­ish­ment system and…

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