Publications & Testimony

The lat­est edi­tion of the NAACP Legal Defense Fund’s Death Row, USA showed a con­tin­u­ing decline in the size of the death row pop­u­la­tion. The new total of 3,035 rep­re­sent­ed a 13% drop from 10 years ear­li­er, when the death row pop­u­la­tion was 3,471. The racial demo­graph­ics of death row have been steady, with white inmates mak­ing up 43% of death row, black inmates com­pos­ing 42%, and Latino inmates 13%. California con­tin­ued to have the largest death row,…

In an op-ed in the New York Times, Sylvie Kauffmann, of the French mag­a­zine Le Monde, described the inter­ac­tion between Europe and the U.S. on the death penal­ty. She not­ed that Felix Rohatyn said the most con­tro­ver­sial sub­ject he faced as the American ambas­sador to France was the enor­mous oppo­si­tion to the U.S. death penal­ty. She also not­ed the broad European refusal to have their drugs used in lethal injec­tions. In a recent devel­op­ment, a German investmunt…

Texas has set an exe­cu­tion date of December 3, 2014 for Scott Panetti, a death row inmate with schiz­o­phre­nia and schizoaf­fec­tive dis­or­der. Panetti rep­re­sent­ed him­self at tri­al dressed in a cow­boy out­fit, and attempt­ed to sub­poe­na Jesus Christ and the pope, among many oth­ers. Inmates who are ruled insane are inel­i­gi­ble for exe­cu­tion, but Texas offi­cials argue Panetti can be put to death because he sees some con­nec­tion between his crime and his exe­cu­tion. In…

Carl Dausch, a for­mer death row inmate in Florida, has been added to DPIC’s list of exon­er­a­tions from death row, bring­ing the nation­al total to 147 and Florida’s total to 25, the most of any state in the coun­try. On June 12, 2014, the Florida Supreme Court direct­ed the acquit­tal of Dausch because there was insuf­fi­cient evi­dence of his guilt. The Court stat­ed, ​“We do not take light­ly the result that will flow from our deci­sion today. We have…

Nebraska Attorney General Jon Bruning said exe­cu­tions in the state are unlike­ly to resume for at least anoth­er year because of the scarci­ty of lethal injec­tion drugs. ​“Death row is sort of in lim­bo today,” he said, adding that efforts to find alter­na­tive drugs have been divert­ed due to oth­er state con­cerns. Nebraska’s last exe­cu­tion was in 1997, by elec­tro­cu­tion. The state’s exe­cu­tion pro­to­col calls for use of sodi­um thiopen­tal, which is no longer being man­u­fac­tured for the…

In a recent op-ed in the National Law Journal, his­to­ri­an John Bessler described the ambiva­lence among American founders toward the death penal­ty. He not­ed, ​“Although ear­ly U.S. laws autho­rized exe­cu­tions, the founders great­ly admired a now lit­tle-known Italian writer, Cesare Beccaria, who fer­vent­ly opposed cap­i­tal pun­ish­ment. They also were fas­ci­nat­ed by the pen­i­ten­tiary sys­tem’s poten­tial to elim­i­nate cru­el pun­ish­ments.” Thomas Jefferson wrote,…

A group of 15 for­mer state and fed­er­al judges, includ­ing a for­mer Chief Justice of the Missouri Supreme Court, has filed an ami­cus brief with the U.S. Court of Appeals for the Eighth Circuit in sup­port of a stay of exe­cu­tion for Mark Christeson in Missouri. Christeson is sched­uled to be exe­cut­ed on October 29, but the judges said he has not received ​“any mean­ing­ful fed­er­al review of his death sen­tence.” In their brief, orga­nized by the Constitution Project,…

Pope Francis called for an end to cap­i­tal pun­ish­ment in an address on October 23 to the International Association on Penal Law. ​“It is impos­si­ble to imag­ine that states today can­not make use of anoth­er means than cap­i­tal pun­ish­ment to defend peo­ples’ lives from an unjust aggres­sor,” the Catholic leader said. He cit­ed the Catechism of the Catholic Church, which says that the death penal­ty can be used only if it is the ​“only pos­si­ble way of effec­tive­ly defend­ing human lives…

In a Gallup poll released on October 23, sup­port for the death penal­ty was 63%, remain­ing with­in the mar­gin of error of a 40-year low of 60% last year. These results rep­re­sent a dra­mat­ic shift in Americans’ views on the death penal­ty since the 1990’s, when sup­port for the death penal­ty peaked at 80%. Opposition to the death penal­ty has grown sig­nif­i­cant­ly among Democrats, more than dou­bling over the last 20 years, from 22% in 1994 to 46% today. When offered the alternative…