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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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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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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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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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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