Publications & Testimony

The American Bar Association’s Criminal Justice Section will soon release its annu­al report on issues, trends, and sig­nif­i­cant changes in America’s crim­i­nal jus­tice sys­tem. The new pub­li­ca­tion, The State of Criminal Justice 2019, includes a chap­ter by Ronald J. Tabak, chair of the Death Penalty Committee of the ABA’s Section of Civil Rights and Social Justice, describ­ing sig­nif­i­cant death penal­ty cas­es and capital punishment…

The num­ber of peo­ple on death row or fac­ing cap­i­tal resen­tenc­ing in the United States has con­tin­ued its 19-year decline, accord­ing to a new death-row cen­sus by the NAACP Legal Defense and Educational Fund (LDF). The Spring 2019 edi­tion of Death Row USA, released in ear­ly July, reports that 2,673 peo­ple in 32 states or in U.S. fed­er­al or mil­i­tary cus­tody were on death rows across the U.S. as of April 1, 2019. That total reflects a 2.6% drop from the same time in 2018…

A Texas coun­ty court has set an exe­cu­tion date for a Jewish death-row pris­on­er despite his pend­ing fed­er­al appeal alleg­ing that the judge who presided over his tri­al and sen­tenc­ing should have been removed from the case because of his big­ot­ed racist and anti-Semitic views. On July 3, 2019, Dallas County Judge Lela Mays set an October 10 exe­cu­tion date for Randy Halprin, while he is active­ly lit­i­gat­ing a claim that for­mer Judge Vickers Cunningham repeat­ed­ly referred to Halprin…

The death penal­ty and lynch­ing were instru­ments of ​“white suprema­cist polit­i­cal and social pow­er” in North Carolina, diverg­ing in form but not in func­tion. So writes University of North Carolina-Chapel Hill American Studies Professor Seth Kotch In his new­ly released book, Lethal State: A History of the Death Penalty in North Carolina. Lethal State tracks North Carolina’s use of the death penal­ty from post-Civil War Reconstruction to the present. Kotch sum­ma­rizes the through…

NEWS: JULY 10 — An Oregon tri­al court has over­turned the con­vic­tion and death sen­tence of Angela McAnaulty, the only woman on the state’s death row. The Washington County Circuit Court found that McAnaulty’s lawyers had pro­vid­ed inef­fec­tive assis­tance in advis­ing her to plead guilty to mur­der when the District Attorney had not agreed to drop the death penal­ty for those charges. The court also ruled that coun­sel were inef­fec­tive at the penal­ty phase for fail­ing to consult an…

A Kentucky tri­al court has issued an order declar­ing the Commonwealth’s exe­cu­tion pro­to­col uncon­sti­tu­tion­al. It was the third time in a decade the state courts have ruled in favor of death-row pris­on­ers in their chal­lenges to the pro­to­col. The July 2, 2019 rul­ing by Franklin Circuit Court Judge Phillip J. Shepherd came in response to a claim brought by the state’s death-row pris­on­ers that Kentucky’s exe­cu­tion reg­u­la­tions could allow Kentucky to…

An Indiana fed­er­al dis­trict court judge has vacat­ed the death sen­tence imposed on fed­er­al death-row pris­on­er Bruce Webster, find­ing that Webster is inel­i­gi­ble for the death penal­ty because he is intel­lec­tu­al­ly dis­abled. After a five-day hear­ing in April 2019, in which the court heard live tes­ti­mo­ny from sev­en men­tal health experts and con­sid­ered depo­si­tion tes­ti­mo­ny from three oth­ers, Senior Judge William T. Lawrence of the Southern District of Indiana ruled on June 18, 2019…

“Being the sur­vivor of a homi­cide vic­tim has a pain for which there aren’t any words,” says New Hampshire Representative Renny Cushing (pic­tured), in the lat­est episode of the Death Penalty Information Center pod­cast, Discussions with DPIC. But “[f]illing anoth­er cof­fin doesn’t do any­thing to bring our loved ones back, it just widens the cir­cle of pain. There’s a big dif­fer­ence between jus­tice and vengeance,” he…

The New Mexico Supreme Court has cleared the state’s death row, vacat­ing the death sen­tences imposed on the state’s final two death-row pris­on­ers, and direct­ing that they be resen­tenced to life in prison. The rul­ings, issued by a divid­ed court on June 28, 2019 in the cas­es of Timothy Allen (pic­tured, left) and Robert Fry (pic­tured, right), came almost ten years to the day after New Mexico’s death-penal­ty abo­li­tion, signed into law by…

At the mid­point of 2019, death sen­tences and exe­cu­tions remain near his­toric lows in the United States, with exe­cu­tions and pend­ing exe­cu­tion dates con­cen­trat­ed heav­i­ly in a few south­ern states. The year’s exe­cu­tions and new death sen­tences have dis­pro­por­tion­al­ly involved defen­dants or pris­on­ers with men­tal ill­ness, brain dam­age, and/​or severe child­hood trau­ma, and those with inad­e­quate rep­re­sen­ta­tion. New Hampshire became the 21^st state to abol­ish the death penal­ty, and California’s governor…