Publications & Testimony

After hav­ing ​“solicit­ed thor­ough­ly for ven­dors,” the Nevada Department of Corrections announced that no phar­ma­ceu­ti­cal com­pa­ny has offered to sell the state drugs for use in exe­cu­tions. James Dzurenda, direc­tor of the Nevada Department of Corrections issued a state­ment on October 7 say­ing that the Department had sent 247 requests for pro­pos­als to phar­ma­ceu­ti­cal sup­pli­ers on September 2 and, in response, had received no bids to sup­ply the state with lethal injec­tion drugs. In…

The Florida Supreme Court has declared uncon­sti­tu­tion­al the state’s prac­tice of per­mit­ting judges to impose death sen­tences based upon a non-unan­i­mous jury rec­om­men­da­tion for death. In two rul­ings issued October 14 the court held that juries must unan­i­mous­ly find all facts nec­es­sary to impose a death sen­tence, includ­ing the exis­tence of any aggra­vat­ing fac­tor relied upon as a rea­son to impose the death penal­ty, whether the aggra­vat­ing fac­tors in and of them­selves provide…

Texas is poised to have the fewest num­ber of exe­cu­tions in 20…

The U.S. Supreme Court has reversed a deci­sion of the Oklahoma Court of Criminal Appeals that affirmed the death sen­tence imposed on Shaun Michael Bosse. In a unan­i­mous per curi­am deci­sion issued October 11, the Court held that Oklahoma pros­e­cu­tors had improp­er­ly pre­sent­ed tes­ti­mo­ny from three mem­bers of the vic­tims’ fam­i­lies ask­ing the jury to sen­tence Bosse to death. The Court had ruled in 1987 in Booth v. Maryland that the use of victim-impact…

Kern County, California—one of five Southern California coun­ties that have been described as the ​“new Death Belt” — sent six peo­ple to death row between 2006 and 2015, more than 99.4% of U.S. coun­ties. Its death sen­tence-to-homi­cide rate dur­ing the 10-year-peri­od from 2006 to 2015 also was 2.3 times high­er than in the rest of the state. In this same time frame, Kern had the high­est rate of civil­ians killed by police of any coun­ty in the coun­try: between 2005…

In an October 10 state­ment com­mem­o­rat­ing World Day Against the Death Penalty, United Nations Secretary-General Ban Ki-Moon (pic­tured) urged the glob­al abo­li­tion of cap­i­tal pun­ish­ment and called the death penal­ty inef­fec­tive and coun­ter­pro­duc­tive as an anti-ter­ror­ism tool. Saying that cap­i­tal pun­ish­ment not only ​“has no place in the 21^st cen­tu­ry,” Secretary-General Ban also not­ed that exe­cu­tions of ter­ror sus­pects have been coun­ter­pro­duc­tive: ​“Experience has shown that putting ter­ror­ists to…

Lawyers for 30 Tennessee death row pris­on­ers argued before the state’s supreme court on October 6 that Tennessee’s lethal injec­tion pro­to­col vio­lates the Eighth Amendment pro­hi­bi­tion against cru­el and unusu­al pun­ish­ment. Tennessee, which has not car­ried out an exe­cu­tion since 2009, intends to use a one-drug pro­to­col of pen­to­bar­bi­tal that it says would be obtained from a com­pound­ing phar­ma­cy. The pris­on­ers argue that the Tennessee Department of Correction’s lethal-injection…

The U.S. Supreme Court heard oral argu­ment on October 5 in Buck v. Davis, a Texas case in which Duane Buck was sen­tenced to death after his own lawyer pre­sent­ed expert tes­ti­mo­ny from a psy­chol­o­gist who called Buck more like­ly to com­mit acts of vio­lence in the future because he is…

The NAACP Legal Defense Fund reports that America’s death rows have con­tin­ued to decline in size, with 2,905 men and women on death row across the United States as of July 1, 2016. The new fig­ures, report­ed in the orga­ni­za­tion’s Summer 2016 edi­tion of its quar­ter­ly pub­li­ca­tion, Death Row USA, rep­re­sent a 14% decline from the 3,366 pris­on­ers who were on death row one decade ear­li­er. The shrink­ing of death row pop­u­la­tions across the coun­try has exceed­ed the num­ber of…

In a deci­sion that could affect an esti­mat­ed 25 Arizona death penal­ty cas­es, the U.S. Supreme Court has denied Arizona’s request to review a fed­er­al appeals court deci­sion declar­ing uncon­sti­tu­tion­al an evi­den­tiary rule that lim­it­ed the types of mit­i­gat­ing evi­dence cap­i­tal defen­dants could present in their cas­es. The rul­ing in Ryan v. McKinney let stand a 6 – 5 deci­sion of the U.S. Court of Appeals for the Ninth Circuit in December 2015 that had reversed James…