New Statistical Brief from the Bureau of Justice Statistics Documents U.S. Death Penalty Decline
The nation's death rows are shrinking more rapidly than new defendants are being sentenced to death, according to a new Bureau of Justice Statistics (BJS) statistical brief, "Capital Punishment, 2014–2015." The statistical brief, which analyzes information on those under sentence of death in the United States as of December 31, 2014 and December 31, 2015, documents a continuing decline in executions, new death sentences, and death row populations across the U.S. 2015 marked the fifteenth consecutive annual decrease in the number of prisoners under sentence of death in the U.S. According to BJS, 69 prisoners were admitted to state or federal death rows in 2014 and 49 were admitted in 2015. (DPIC uses a slightly different counting method that reported 73 death sentences imposed in 2014.) The data also indicates that the decline in the size of death row is attributable to factors other than execution. According to BJS, 75 prisoners were removed from death row in 2014 by means other than execution, such as exoneration, the reversal of a conviction or death sentence, commutation, or death by other causes, as compared with 35 who were executed. In 2015, 82 prisoners were taken off death row by means other than execution, while 28 death-row prisoners were executed. Over the two-year period covered by the data, 39 more prisoners were removed from death row by means other than execution than were admitted as a result of new death sentences. The gap between removals from death row and new admissions is expected to widen even further in 2016 and 2017 as a result of record-low death-sentencing rates and prisoners being removed from death row due to death-penalty statutes having been declared unconstitutional in Florida, Delaware, and Connecticut. BJS reports that 2,881 prisoners remained under sentence of death in 33 states and the federal system at the end of 2015. (Click image to enlarge.)
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Study: Texas' 'Harsh and Inhumane' Death-Row Conditions Amount to 'Torture'
The conditions in which prisoners on Texas' death row are confined are "harsh and inhumane," violate international human rights norms, and amount to "a severe and relentless act of torture," according to a new study by the University of Texas School of Law Human Rights Clinic. The study, "Designed to Break You," collected accounts from former death-row prisoners who had been exonerated or who had received lesser sentences after their death sentences had been overturned. Their stories revealed numerous problems with death-row conditions, including, "mandatory solitary confinement, a total ban on contact visits with both attorneys and friends and family, substandard physical and psychological health care, and a lack of access to sufficient religious services." Every prisoner on death row spends about 23 hours a day in an 8-by-12 foot cell for the duration of their time on death row. "This prolonged solitary confinement has overwhelmingly negative effects on inmates’ mental health," the study reports, "exacerbating existing mental health conditions and causing many prisoners to develop mental illness for the first time." Ariel Dulitzky, director of the Human Rights Clinic, said, "Any person who is kept in solitary confinement for more than 15 days starts to suffer mental and psychological effects that cannot be reversed, and that fits the definition of torture." The report concludes that Texas death-row "conditions fall woefully behind international standards for confinement" and offers 13 recommendations to bring conditions in line with international norms. The recommendations include using solitary confinement only as a punitive measure of last resort and banning it altogether for prisoners with mental illness or intellectual disability. The report also recommends that death-row prisoners be permitted contact visits with their lawyers, family, and friends and that they "have access to natural light, fresh air and outdoor activities."
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Federal Appeals Court Bars Automatic Solitary Confinement for Former Death Row Prisoners
The U.S. Court of Appeals for the Third Circuit on February 9 declared unconstitutional Pennsylvania's long-standing practice of automatically keeping capital defendants in solitary confinement after courts had overturned their death sentences. Saying that, “Scientific research and evolving jurisprudence has made the harms of solitary confinement clear,” the unanimous three-judge panel ruled that prisoners whose death sentences have been overturned have a constitutionally protected interest against being held in solitary confinement, unless the state could show, after an individualized assessment, that such custody was necessary for security and safety reasons. Shawn Walker and Craig Williams, the former death row prisoners who brought the suit, had spent 14 and 22 years, respectively, in solitary confinement on death row before courts vacated their death sentences. Then each was kept on death row without a death sentence for the six additional years it took to conduct the resentencing proceedings in their cases. In barring continued treatment of inmates like Walker and Williams as death-row prisoners without any demonstrated security need to do so, former Chief Circuit Judge Theodore McKee warned that "Inmates in solitary confinement on death row without active death sentences face the perils of extreme isolation and are at risk of erroneous deprivation of their liberty. Accordingly, they have a clearly established due process right under the Fourteenth Amendment to avoid unnecessary and unexamined solitary confinement on death row." According to a July 2015 DPIC analysis of Pennsylvania death row, 115 former death-row prisoners whose convictions or death sentences had been overturned in post-conviction proceedings had been resentenced to life or less, or acquitted. Most had been kept in death-row solitary confinement without active death sentences before being resentenced or exonerated.
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