Publications & Testimony

A group of justice-reform organizations has issued a new report, 21 Principles for the 21^st Century Prosecutor, that calls on prosecutors to ​“work to end the death penalty” as part of its recommended reforms in prosecutorial practices. The report, prepared jointly by the organizations Fair and Just Prosecution, the Brennan Center for Justice, and the Justice Collaborative, sets forth a series of principles that the groups say are designed ​“to improve the overall fairness and efficacy of the…

Mark Heyer, whose daughter, Heather Heyer (pictured), was killed in 2017 while protesting a white supremacist rally in Charlottesville, Virginia, says he does not want federal prosecutors to pursue the death penalty against the man who killed his daughter. James Alex Fields, Jr., a 21-year-old who identifies as a neo-Nazi, was tried in Virginia state court and convicted of murder and a litany of other crimes for driving a car into a crowd of protesters, killing Heather Heyer and injuring many…

Texas is scheduled to execute Alvin Braziel, Jr. on December 11, 2018, in what would be the state’s 13^th execution of the year. Braziel was 18 years old in 1993 when he killed a man and sexually assaulted a woman after a failed robbery attempt. His age places him just above the legal boundary to be eligible for a death sentence, though recent neuroscience research on brain development indicates the deficits in judgment and impulse control that led the United States Court to exempt juveniles…

On December 10, 2018, the United Nations and other international organizations celebrated Human Rights Day, marking the 70^th anniversary of the adoption of the Universal Declaration of Human Rights. The Declaration, which has served as a foundation for the UN’s efforts to abolish the death penalty, contains 30 articles stating universally applicable rights based on the ​“inherent dignity” and ​“equal and inalienable rights of all members of the human family.” Article 3 declares, ​“Everyone has the…

Tennessee executed David Earl Miller (pictured at age 24) in the state’s electric chair on December 6, 2018, after Governor Bill Haslam denied his application for clemency and the U.S. Supreme Court refused to address the denials of his challenges to the constitutionality of Tennessee’s execution methods. Miller, a 61-year-old man with a significant history of mental illness who experienced extensive sexual and physical abuse as a child, opted to be executed by electric chair after the…

The execution process in Indiana and Missouri may become more transparent as a result of public-access lawsuits filed in the two states. In Indiana, a Marion County trial judge ruled on November 30, 2018 that the state must release pre-2017 records concerning the drugs obtained by the state for executions and the companies that produced them. Three days earlier, the ACLU of Missouri announced the settlement of a lawsuit filed on behalf of investigative journalist Chris McDaniel that ensured…

In August 2018, Pope Francis promulgated a new Catholic Catechism that deemed the death penalty ​“inadmissible” in all cases and committed the Church to working to abolish capital punishment worldwide. Cardinal Blase Cupich, the ninth Bishop of the Archdiocese of Chicago, joined DPIC Executive Director Robert Dunham on the latest episode of the podcast Discussions with DPIC, to explore the implications of the new teachings and how they fit into the Church’s broader message on social justice and…

Texas plans to execute Joseph Garcia on December 4, 2018, for the murder of a police officer during a robbery in which Garcia neither killed anyone nor intended or expected that a killing would take place. His case renews questions about a Texas law called the ​“law of parties” that allows defendants to be sentenced to death based upon the actions and intent of others, if the defendant played even a small role in a crime that resulted in someone’s death. Garcia was one of the ​“Texas 7,” a group…

A three-judge panel of the United States Court of Appeals for the Fourth Circuit has unanimously overturned the death sentence imposed on Virginia death-row prisoner Mark E. Lawlor in 2011, ruling that the trial court had unconstitutionally prevented Lawlor from presenting expert mental health testimony that he posed a low risk of violence in prison if the jury spared his life. On November 27, 2018, the court reversed a decision of a Virginia federal district court that had upheld Lawlor’s…

Twenty months after the Unites States Supreme Court unanimously struck down Texas’s non-scientific standard for evaluating intellectual disability in death penalty cases, the landmark case in which it made that decision is back before the Court. On December 7, 2018, the Court will conference Moore v. Texas, to decide if it will review whether the Texas Court of Criminal Appeals (CCA) once again unconstitutionally relied on lay stereotypes and non-clinical criteria in rejecting Bobby James…