Publications & Testimony

Six detainees charged with cap­i­tal crimes are cur­rent­ly being held at the U.S. Naval Base mil­i­tary prison in Guantánamo Bay, Cuba. Much of the infor­ma­tion relat­ing to these cas­es is clas­si­fied and all the par­tic­i­pants in the cas­es — pros­e­cu­tors, defense lawyers, and court per­son­nel — are required to have top secret secu­ri­ty clear­ance. As a result, sig­nif­i­cant por­tions of the pro­ceed­ings — includ­ing court motions and deci­sions — are heav­i­ly redact­ed or kept secret from the pub­lic. In…

The April 2018 exon­er­a­tion of Vicente Benavides Figueroa, wrong­ful­ly con­vict­ed and sen­tenced to death on charges of rap­ing, sodom­iz­ing, and mur­der­ing his girl­friend’s 21-month-old daugh­ter, illus­trates why the death penal­ty should be abol­ished, the Los Angeles Times said in an April 27, 2018 edi­to­r­i­al. Benavides — an intel­lec­tu­al­ly dis­abled Mexican nation­al who was work­ing as a sea­son­al farm work­er — was sen­tenced to death after med­ical wit­ness­es had been provided…

The U.S. Supreme Court has grant­ed review in the case of Missouri death-row pris­on­er Russell Bucklew, who has argued that the severe form of a rare con­gen­i­tal dis­or­der from which he suf­fers makes it uncon­sti­tu­tion­al­ly cru­el for him to be exe­cut­ed by lethal injec­tion. Bucklew has an extreme form of cav­ernous heman­gioma, a mal­for­ma­tion of his blood ves­sels that caus­es blood-filled tumors to grow in his head, neck, and throat. The tumors, he has argued, are…

The New Hampshire state leg­is­la­ture has vot­ed to repeal the state’s death penal­ty, but pro­po­nents of the bill cur­rent­ly lack the votes nec­es­sary to over­come a threat­ened guber­na­to­r­i­al veto. On April 26, the New Hampshire House of Representatives vot­ed 223 – 116 to pass Senate Bill 593, with 145 Democrats, 77 Republicans, and one Libertarian sup­port­ing repeal. The state sen­ate pre­vi­ous­ly approved the mea­sure 14 – 10 on March 15, with sup­port from eight Democrats and six…

On April 26, 2018, the Equal Justice Initiative (EJI) opened the Memorial for Peace and Justice and its accom­pa­ny­ing Legacy Museum, which tell the sto­ries of the more than 4,000 men, women, and chil­dren killed by racial ter­ror lynch­ings in the cen­tu­ry fol­low­ing the Civil War, and trace the con­nec­tions between slav­ery, seg­re­ga­tion, cap­i­tal pun­ish­ment, and mass incar­cer­a­tion. The open­ing drew thou­sands of vis­i­tors from across the coun­try, the­atri­cal head­lin­ers, and a host of civil rights…

In Pennsylvania, death-row pris­on­ers whose con­vic­tions or death sen­tences are over­turned in state or fed­er­al post-con­vic­tion appeals are almost nev­er resen­tenced to death, a new Death Penalty Information Center study has revealed. Since Pennsylvania adopt­ed its cur­rent death-penal­ty statute in September 1978, post-con­vic­tion courts have reversed pris­on­ers’ cap­i­tal con­vic­tions or death sen­tences in 170 cas­es. Defendants have faced cap­i­tal retri­als or resen­tenc­ings in 137 of those cas­es, and…

Three pow­er­ful new doc­u­men­taries that explore the mod­ern death penal­ty in the United States are set to premiere this…

In a deci­sion most sig­nif­i­cant for what it declined to do, the U.S. Supreme Court has rebuffed efforts by state pros­e­cu­tors to fur­ther lim­it the scope of fed­er­al habeas cor­pus review of state crim­i­nal cas­es. In a 6 – 3 vote with Justice Breyer writ­ing for the major­i­ty, the U.S. Supreme Court ruled in favor of Georgia death-row pris­on­er Marion Wilson (pic­tured), say­ing that he was enti­tled to fed­er­al-court review of the rea­sons why the Georgia state courts had…

At the urg­ing of the victim’s fam­i­ly, Rapid City, South Dakota pros­e­cu­tors have with­drawn their request for the death penal­ty against two mur­der defen­dants in the only cap­i­tal tri­als pend­ing in the state. On April 16, Pennington County State’s Attorney Mark Vargo with­drew the state’s notice of intent to seek the death penal­ty against Jonathon Klinetobein—charged with arrang­ing the May 2015 murder-for-hire of…

Death row is aging and increas­ing­ly infirm and, as a series of recent death war­rants sug­gest, that phe­nom­e­non is rais­ing legal, prac­ti­cal, and humanitarian…