Publications & Testimony

A Kentucky tri­al court has declared the death penal­ty uncon­sti­tu­tion­al when applied against defen­dants charged with offens­es com­mit­ted while they were younger than age 21. Fayette County Circuit Judge Ernesto Scorsone’s rul­ing bars the Commonwealth’s pros­e­cu­tors from seek­ing the death penal­ty against Travis Bredhold (pic­tured), who was age 18 years and five months at the time of the 2013 mur­der and rob­bery of a gas…

A Cobb County, Georgia tri­al court has declared a severe­ly men­tal­ly ill cap­i­tal defen­dant incom­pe­tent to stand tri­al and com­mit­ted him to a state men­tal hos­pi­tal, effec­tive­ly end­ing pros­e­cu­tors’ sev­en-year efforts to obtain the death penal­ty in his case. Jesse James Warren (pic­tured) was fac­ing tri­al and a pos­si­ble death sen­tence for killing four men and wound­ing anoth­er in 2010 at a Penske Truck Rental store where he had…

In a forth­com­ing arti­cle in the Journal of Criminal Law and Criminology, released online in July, Ben Jones argues that, despite the pop­u­lar con­cep­tion of death-penal­­ty abo­li­tion as a polit­i­cal­ly pro­gres­sive cause, its future suc­cess may well depend upon build­ing sup­port among Republicans and polit­i­cal con­ser­v­a­tives. In The Republican Party, Conservatives, and the Future of Capital Punishment, Jones — the Assistant Director of Rock Ethics…

South Carolina pros­e­cu­tors announced on July 25 that they would not appeal a tri­al court rul­ing, grant­i­ng a new, non-cap­i­­tal tri­al to for­mer death-row pris­on­er Kenneth Simmons (pic­tured). Finding that pros­e­cu­tors had pre­sent­ed false DNA tes­ti­mo­ny that​“severe­ly deprived” Simmons of his due process rights, a Dorchester County Circuit Judge over­turned Simmons’s…

The American Bar Association has released a new pub­li­ca­tion, The State of Criminal Justice 2017, an annu­al report exam­in­ing major issues, trends, and sig­nif­i­cant changes in America’s crim­i­nal jus­tice sys­tem. In a chap­ter devot­ed to cap­i­tal pun­ish­ment, Ronald J. Tabak, chair of the Death Penalty Committee of the ABA’s Section of Individual Rights and Responsibilities, describes sig­nif­i­cant death penal­ty cas­es and developments…

Cert. grant­ed: January 13, 2017 Argument: April 24, 2017 (Read the Transcript)Decided: June 26, 2017…

A Nebraska tri­al judge has per­mit­ted Patrick Schroeder (pic­tured) — whose lawyers from the Nebraska Commission on Public Advocacy had chal­lenged the con­sti­tu­tion­al­i­ty of the state’s death penal­ty — to fire his lawyers, with­draw the chal­lenge, and plead guilty to first-degree mur­der. The court deferred until August 22 whether to also per­mit Schroeder to waive his right to have a jury decide whether aggra­vat­ing cir­cum­stance exist that could…

A Jackson County, Mississippi judge has sen­tenced Scotty Lakeith Street (pic­tured), a cap­i­tal defen­dant suf­fer­ing from chron­ic para­noid schiz­o­phre­nia, to life with­out pos­si­bil­i­ty of parole after his cap­i­tal sen­tenc­ing jury did not reach a unan­i­mous sen­tenc­ing ver­dict. The sen­tence is anoth­er in a series of notable cas­es in which jurors pre­sent­ed with evi­dence of men­tal ill­ness have spared severe­ly men­tal­ly ill defendants…

Newly avail­able evi­dence shows that Oklahoma​’s death penal­ty uncon­sti­tu­tion­al­ly dis­crim­i­nates on the basis of race, accord­ing to peti­tions filed by lawyers seek­ing to over­turn the death sen­tences imposed on two African-American defen­dants, Julius Darius Jones (pic­tured) and Tremane Wood. Jones — a high school ath­lete and hon­or stu­dent who did not fit the descrip­tion of the shoot­er and who has continuously…

After a hia­tus of 3½ years, Ohio resumed exe­cu­tions on July 26, putting Ronald Phillips (pic­tured) to death with a three-drug com­bi­na­tion of the seda­tive mida­zo­lam, the par­a­lyt­ic drug rocuro­ni­um bro­mide, and the heart-stop­ping drug potas­si­um chlo­ride. Phillips was pro­nounced dead at 10:43 a.m. It was the state’s first exe­cu­tion since the botched exe­cu­tion of Dennis McGuire on January 16, 2014, and the 15^th in the…