In a recent address to lawyers and judges at a judicial conference, retiring U.S. Supreme Court Justice John Paul Stevens explained the evolution of his views on the constitutionality of the death penalty. Regarding his 2008 assertion that the death penalty should be abolished, Justice Stevens elaborated, “The risk of an incorrect decision has increased,” and that because of advances in DNA testing that have led to freeing some innocent convicts, “we’re more aware of the risk than we might have been before.” Justice Stevens also said that capital juries are dominated by people who favor the death penalty, and that the brutality of the murders that often lead to a capital trial can put pressure on prosecutors. While concurring with the majority opinion upholding the use of lethal injection as a method of execution in Kentucky in 2008, Justice Stevens nevertheless concluded that “the death penalty represents the pointless and needless extinction of life with only marginal contributions” to society. (Baze v. Rees (2008), quoting Furman v. Georgia (1972)).
(D. Banks, “Stevens: Risk of wrongful sentences higher,” USA Today, May 5, 2010). See also U.S. Supreme Court and New Voices.
- Death Penalty Information Center (2025, March 14). NEW VOICES: Justice Stevens Warns of Increased Risk of Mistakes in Death Penalty Cases. Retrieved October 21, 2026, from https://deathpenaltyinfo.org/new-voices-justice-stevens-warns-of-increased-risk-of-mistakes-in-death-penalty-cases
- Death Penalty Information Center. “NEW VOICES: Justice Stevens Warns of Increased Risk of Mistakes in Death Penalty Cases.” Last modified March 14, 2025. Accessed October 21, 2026. https://deathpenaltyinfo.org/new-voices-justice-stevens-warns-of-increased-risk-of-mistakes-in-death-penalty-cases.
- Death Penalty Information Center. “NEW VOICES: Justice Stevens Warns of Increased Risk of Mistakes in Death Penalty Cases.” Death Penalty Information Center, 14 Mar. 2025, https://deathpenaltyinfo.org/new-voices-justice-stevens-warns-of-increased-risk-of-mistakes-in-death-penalty-cases. Accessed 21 Oct. 2026.
