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BOOKS: End of Its Rope—How Killing the Death Penalty Can Revive Criminal Justice

"The death penalty in the United States is at the end of its rope [and] its abolition will be a catalyst for reforming our criminal justice system." So argues University of Virginia Law Professor Brandon L. Garrett in his widely anticipated new book, End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, which analyzes the reasons behind the steep decline in capital punishment in over the last 25 years. With the help of other researchers at the University of Virginia, Garrett analyzed death-sentencing data from 1990 to 2016, county by county. He found that numerous interrelated factors contributed to the decline: the drop in murders across the country, the creation of institutional capital defender offices that greatly improved the quality of representation, the availability of life without parole as a sentencing option, the cost of the death penalty system, and growing public awareness of exonerations and the risk of wrongly sentencing innocent defendants to death, fueled further by the abolition of capital punishment in some states and the abandonment of capital prosecutions by many counties. Local culture had a profound effect on death sentencing practices: Garrett found that states and counties that most frequently executed people developed what he terms a “muscle memory” for the practice and “imposed far more death sentences just as a function of having done so in the past." But, the converse was also true: when a county stopped sentencing people to death, it was less likely to resume the practice. Garrett found that death sentences have now all but disappeared from rural America, and are now imposed mainly in larger, urban areas. Garrett told the The Marshall Project, "we found a strong county-level pattern of racial bias. Counties with more black residents have more death sentences. And counties with more white victims of murder have more death sentences. Call it a 'white lives matter' effect," he said. In an interview with University of Virginia publicists, Garrett described the death penalty as "a failed experiment." He said states’ recent efforts to reform death-penalty procedures to “save the death penalty from itself” have failed because “the bias, both racial and geographic, is too ingrained. Lawmakers have tried to speed up executions, but have instead seen more delays and botched executions. They have tried to insist on higher-quality proof, and have still seen exonerations of innocent death row inmates." Garrett hopes that as the death penalty wanes, the lessons learned can buttress other efforts to reform America's criminal justice system and to move away from "mass incarceration and harsh punishment more broadly.”


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NEW PODCAST: DPIC Study Finds No Evidence that Death Penalty Deters Murder or Protects Police

A Death Penalty Information Center analysis of U.S. murder data from 1987 through 2015 has found no evidence that the death penalty deters murder or protects police. Instead, the evidence shows that murder rates, including murders of police officers, are consistently higher in death-penalty states than in states that have abolished the death penalty. And far from experiencing increases in murder rates or open season on law enforcement, the data show that states that have abolished the death penalty since 2000 have the lowest rates of police officers murdered in the line of duty and that killings of police account for a much smaller percentage of murders in those states. In a new Discussions With DPIC podcast, "Does Capital Punishment Deter Murder?," DPIC Fellow Seth Rose and Executive Director Robert Dunham explore the assertions long made by death-penalty proponents that capital punishment advances public safety by deterring murders and by protecting police officers. Dunham said the short answer—after analyzing twenty-nine years of annual murder data from FBI Uniform Crime Reports ("UCR") and FBI annual data on Law Enforcement Officers Killed & Assaulted, Officers Feloniously Killed ("LEOKA reports")—is no. "There's no evidence that the death penalty deters murder and there's no evidence that it protects the police," Dunham says. "Murder rates may be affected by many things, but the death penalty doesn't appear to be one of them." DPIC divided the states into three categories to analyze murders and murder trends: states that have long had the death penalty ("death-penalty states"), states that have long abolished capital punishment ("non-death-penalty states"), and states that have abolished capital punishment since 2000 ("transitional states"). The data show that the death-penalty states had an overall UCR murder rate that was 1.39 times higher than the non-death penalty states and accounted for 12 of the 16 states with the highest murder rates. Police officers were murdered in death-penalty states at a rate that was 1.37 times higher than in non-death-penalty states, and accounted for 22 of the 25 states with the highest LEOKA rates of officers feloniously killed. Killings of police were lowest, however, in the transitional states that most recently abolished the death penalty. And while killings of officers accounted for 33 of every 10,000 murders in both death-penalty and non-death-penalty states, they were 1.6 times lower in transitional states. What the numbers show, Dunham says, is that "the death penalty doesn't drive murder rates; murder rates drive the death penalty." While the death penalty, he says, "makes no measurable contribution" to police safety, "the rate at which police officers are killed drives the political debate about the death penalty." 


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