Publications & Testimony

Death sen­tences, exe­cu­tions, and pub­lic sup­port for the death penal­ty con­tin­ued their his­toric declines in 2016, accord­ing to DPIC’s annu­al report, ​“The Death Penalty in 2016: Year End Report,” released on December 21. The 30 death sen­tences imposed this year are the fewest in the mod­ern era of cap­i­tal pun­ish­ment in the U.S. — since the Supreme Court declared all exist­ing death penal­ty statutes uncon­sti­tu­tion­al in 1972 — and declined 39% from 2015’s already 40-year low. Just 20…

A fed­er­al jury award­ed $22 mil­lion in dam­ages to Nathson Fields (pic­tured), who was wrong­ful­ly con­vict­ed of a gang-relat­ed mur­der and sen­tenced to death in 1986. Fields was exon­er­at­ed in 2009. The jury found that two Chicago police detec­tives vio­lat­ed Fields’ civ­il rights by hid­ing crit­i­cal evi­dence that sug­gest­ed he did not com­mit the crime of which he was con­vict­ed. For many years, the Chicago police depart­ment main­tained a prac­tice of keep­ing secret ​“street files” on…

Directed by the U.S. Supreme Court to recon­sid­er its rul­ings uphold­ing the death sen­tences imposed upon four Alabama defen­dants, the Alabama Court of Criminal Appeals affirmed three of the death sen­tences on December 16. The state court ruled that the death sen­tences imposed upon Ronnie Kirksey, Corey Wimbley, and Ryan Gerald Russell do not vio­late the Supreme Court’s January 16, 2016 decision in…

On December 15, the Delaware Supreme Court ruled in Powell v. State that death-row pris­on­er Derrick Powell will get the ben­e­fit of its August 2016 deci­sion in Rauf v. State declar­ing Delaware’s death sen­tenc­ing statute uncon­sti­tu­tion­al. The court direct­ed that Powell be resen­tenced to life with­out parole, in a rul­ing that also paves the way for resen­tenc­ing Delaware’s twelve oth­er death row prisoners to…

Juan Cartagena (pic­tured), President and General Counsel of LatinoJustice PRLDEF (for­mer­ly the Puerto Rican Legal Defense Fund), says there is ​“a grow­ing under­stand­ing” among Latinos in Florida and across the coun­try ​“that the death penal­ty is bro­ken and it can’t be fixed.” In an op-ed for the Orlando Sentinel, Cartagena explains the rea­sons for Latino oppo­si­tion to the death penal­ty, espe­cial­ly in Florida, which has a large Latino pop­u­la­tion and is home to…

After a two-week long ​“exten­sive hear­ing regard­ing the unre­li­a­bil­i­ty and arbi­trari­ness of the death penal­ty sys­tem, the exces­sive delay involved in exe­cu­tions, and the grow­ing decline in the use of the death penal­ty,” U.S. District Court Judge Geoffrey Crawford (pic­tured) ruled in the case of U.S. v. Donald Fell that the Federal Death Penalty Act (“FDPA”) ​“falls short of the [con­sti­tu­tion­al] stan­dard … for iden­ti­fy­ing defen­dants who meet…

In the span of one week, the U.S. Supreme Court declined to review peti­tions from six death row pris­on­ers, deny­ing them relief in their cas­es. The peti­tion­ers raised issues relat­ed to DNA pro­ce­dures, con­flict of coun­sel, a dis­put­ed guilty plea, juror bias, judi­cial over­ride, and a pre­vi­ous­ly botched exe­cu­tion attempt. In two of the cas­es, the Court allowed exe­cu­tions to pro­ceed in Georgia and Alabama. The case of Ronald Smith left the Court dead­locked 4 – 4, with enough votes…

Miami-Dade County has his­tor­i­cal­ly been a sig­nif­i­cant con­trib­u­tor to Florida​’s death row and large pro­por­tions of its recent death sen­tences raise seri­ous con­sti­tu­tion­al ques­tions about the prac­tices that result in death ver­dicts and the char­ac­ter­is­tics of the defen­dants who are sen­tenced to death. Miami-Dade imposed five death sen­tences between 2010 and 2015, plac­ing it among the 16 coun­ties that pro­duced more death sen­tences than 99.5% of all U.S.

After a divid­ed U.S. Supreme Court twice tem­porar­i­ly halt­ed the exe­cu­tion of Ronald Bert Smith, Jr. (pic­tured), Alabama put Smith to death on December 8 in a 34-minute exe­cu­tion in which Smith heaved, coughed, clenched his left fist, and opened one eye dur­ing one 13-minute…

Since 1973, juries in Texas have had to deter­mine whether a defen­dant presents a future dan­ger to soci­ety before impos­ing a death sen­tence. But while they have found that each of the 244 men and women cur­rent­ly on the state’s death row pos­es ​“a con­tin­u­ing threat to soci­ety,” experts argue that juries can­not accu­rate­ly pre­dict a defendant’s…