Crimes Punishable by Death

A forth­com­ing arti­cle in the Denver Law Review dis­cuss­es two the­o­ries of homi­cide law, the felony mur­der rule and accom­plice lia­bil­i­ty, that cre­ate group lia­bil­i­ty for the actions of an indi­vid­ual. The arti­cle, writ­ten by Professors G. Ben Cohen (pic­tured), Justin D. Levinson, and Koichi Hioki states that ​“Research sug­gests that the admin­is­tra­tion of accom­plice lia­bil­i­ty [and] felony mur­der doc­trines dis­pro­por­tion­ate­ly impact Black and minor­i­ty defen­dants,” caus­ing minor­i­ty defen­dants to be sen­tenced for first degree mur­ders they did not per­son­al­ly com­mit at greater rates than white defen­dants. The researchers’ expla­na­tion for this dis­par­i­ty is that ​“Americans auto­mat­i­cal­ly indi­vid­u­al­ize white…

Despite the absence of evi­dence that the death penal­ty pro­tects police or pro­motes pub­lic safe­ty, law­mak­ers in sev­er­al states that have abol­ished cap­i­tal pun­ish­ment have intro­duced bills to rein­state cap­i­tal pun­ish­ment for the mur­ders of police officers.

NEWS (9/​16/​21) – Nevada: The Supreme Court of Nevada has over­turned Samuel Howard’s death sen­tence, find­ing him ​“actu­al­ly inno­cent” of the death penal­ty. Reversing the tri­al court’s dis­missal of Howard’s post­con­vic­tion chal­lenge to his death sen­tence, the appeals court ruled that a recent deci­sion by New York state courts that over­turned a con­vic­tion pros­e­cu­tors relied upon as an aggra­vat­ing cir­cum­stance in Howard’s case inval­i­dat­ed that aggra­vat­ing circumstance.

In an over­whelm­ing bipar­ti­san vote, the Texas House of Representatives has passed a bill that ends death-penal­ty lia­bil­i­ty under the state’s con­tro­ver­sial ​“law of par­ties” for felony accom­plices who nei­ther kill nor intend­ed that a killing take place and were minor par­tic­i­pants in the con­duct that led to the death of the vic­tim. Currently, Texas law makes any par­tic­i­pant in a felony crim­i­nal­ly liable for the acts of every­one else involved in the crime, irre­spec­tive of how small a role he played in the offense or whether he knew or…

A South Dakota state sen­a­tor who pre­vi­ous­ly served as a pros­e­cu­tor and a state court judge has intro­duced a bill to lim­it the breadth of the state’s death penal­ty statute. Senate Bill 98, intro­duced by Senate Judiciary Committee Chairman Arthur Rusch (R – Clay, pic­tured) on January 25, 2021, would restrict cap­i­tal pun­ish­ment to a sin­gle aggra­vat­ing cir­cum­stance, pre­med­i­tat­ed mur­ders in which a defen­dant killed a police offi­cer, cor­rec­tions offi­cer, or fire­fight­er dur­ing the per­for­mance of their offi­cial duties.

In a year of declin­ing death-penal­ty usage across the United States, nowhere was the ero­sion of cap­i­tal pun­ish­ment as sus­tained and pro­nounced in 2019 as it was in the west­ern United States. Continuing a wave of momen­tum from Washington​’s judi­cial abo­li­tion of cap­i­tal pun­ish­ment in October 2018, one state halt­ed exe­cu­tions and dis­man­tled its death cham­ber, anoth­er cleared its death row, two cut back on the cir­cum­stances in which the death penal­ty could be sought and imposed, and the entire region set record lows for new death sen­tences and executions.

As human rights activists raise alarms about a new law in Brunei that would pun­ish homo­sex­u­al­i­ty by death by ston­ing, the U.S. Supreme Court con­sid­ers whether to hear a case in which jurors who exhib­it­ed anti-gay big­otry sen­tenced a gay defen­dant to death. Charles Rhines (pic­tured), a South Dakota death-row pris­on­er, is ask­ing the U.S. Supreme Court to review his case, after a low­er fed­er­al court denied him the oppor­tu­ni­ty to present juror state­ments show­ing that homo­pho­bic prej­u­dice played a role in his death sen­tence. Leading civ­il rights orga­ni­za­tions, including…

A February 4, 2019 arti­cle in the crim­i­nal jus­tice newslet­ter, The Appeal, fea­tures the case of Demetrius Howard, a California pris­on­er sen­tenced to death for a crime in which he didn’t kill any­one. Howard was sen­tenced to death in 1995 for his par­tic­i­pa­tion in a rob­bery in which anoth­er man, Mitchell Funches, shot and killed Sherry Collins. Howard was nev­er accused of fir­ing a shot and he has con­sis­tent­ly main­tained that he nei­ther expect­ed nor intend­ed that any­one would be killed. But under California’s felony mur­der law, he was eligible…

Sixteen years after a noto­ri­ous and now-dis­cred­it­ed foren­sic wit­ness told a Mississippi jury that Jeffrey Havard had sex­u­al­ly abused and shak­en his girl­friend’s six-month-old daugh­ter to death, Havard’s death sen­tence — but not his con­vic­tion — has been over­turned. On September 14, 2018, Adams County Circuit Judge Forrest Johnson ruled that state pathol­o­gist Steven Hayne’s recan­ta­tion of his diag­no­sis that infant Chloe Britt had been a vic­tim of Shaken Baby Syndrome was ​“not suf­fi­cient to under­mine this court’s con­fi­dence in the con­vic­tion,” but that ​“there is a cau­tious dis­tur­bance in con­fi­dence of the sentence…