Publications & Testimony

Family mem­bers of some of the vic­tims of 9/​11 have asked the Biden Administration to aban­don cur­rent plea nego­ti­a­tions with Guantánamo detainees that would remove the pos­si­bil­i­ty of death sen­tences for the men accused of plan­ning the 9/​11 ter­ror attacks. Khalid Shaikh Mohammed and his four co-defen­dants have been held for more than twen­ty years, first at CIA black sites where they were sub­ject to ​“enhanced inter­ro­ga­tion tech­niques” and then at Guantánamo, but none has pro­ceed­ed to tri­al. The…

On August 4, a South Korean nation­al con­vict­ed of drug-traf­fick­ing was exe­cut­ed in China, accord­ing to South Korea’s Ministry of Foreign Affairs, who added dur­ing a press con­fer­ence that this exe­cu­tion was ​“unre­lat­ed to the cur­rent bilat­er­al rela­tions” between the two nations. This was the first time a South Korean nation­al was exe­cut­ed in China for drug-traf­fick­ing since 2014, when four were executed. …

Attorneys for Christa Pike, the only woman on Tennessee’s death row, filed a motion on August 30 to re-open her appeals based on a recent deci­sion from the Tennessee Supreme Court. In 2022, the Court ruled in State v. Booker that manda­to­ry life sen­tences in homi­cide cas­es are uncon­sti­tu­tion­al when imposed on juve­niles, draw­ing on U.S. Supreme Court prece­dent that held that juve­niles are less mature, more vul­ner­a­ble to peer pres­sure, and gen­er­al­ly less cul­pa­ble than adults. Ms. Pike’s…

In the August 2023 episode of Discussions with DPIC, Anne Holsinger, Managing Director of DPIC, speaks with Dr. Roya Boroumand (pic­tured), Executive Director of the Abdorrahman Boroumand Center for Human Rights in Iran. A spe­cial­ist in Iran’s post-World War 2 his­to­ry, Dr. Boroumand pro­vides his­tor­i­cal con­text for ongo­ing events and dis­cuss­es the cur­rent increase in…

On August 30, 2023, the Tennessee Criminal Court of Appeals affirmed a low­er court’s rul­ing that for­mer­ly death-sen­tenced pris­on­er Pervis Payne can serve his two life sen­tences con­cur­rent­ly, mak­ing him eli­gi­ble to apply for parole in less than four years. Shelby County Criminal Court Judge Paula Skahan resen­tenced Mr. Payne in 2022 to two life sen­tences with the pos­si­bil­i­ty of parole after pros­e­cu­tors con­ced­ed that they could not dis­prove Mr. Payne’s claim that he is intellectually disabled…

Former Denver Chief Deputy District Attorney Craig Silverman recent­ly wrote about why he changed his mind about sup­port­ing the death penal­ty and expressed new fears regard­ing its future use. His op-ed was pub­lished on August 29, 2023 in the Colorado Sun. Mr. Silverman writes that cap­i­tal pun­ish­ment was a promi­nent issue in his cam­paign for Denver District Attorney, and he him­self pros­e­cut­ed death penal­ty cas­es and pub­licly sup­port­ed its use. But he writes that he now has ​“new­found support…

Larry Hudson has been added to DPIC’s Descriptions of Innocence page as a new­ly-dis­cov­ered death row exon­er­a­tion. Mr. Hudson was tried and sen­tenced to death for a rob­bery-homi­cide in New Orleans, Louisiana, in 1967, when he was 19 years old. He was exon­er­at­ed in 1993, when he was 46 years…

On August 25, 2023, Alabama Attorney General Steve Marshall asked the state Supreme Court to set a date for Kenneth Smith to be exe­cut­ed using nitro­gen hypox­ia, a method that has nev­er been used in any state. The deci­sion to use this method comes after Alabama botched sev­er­al exe­cu­tions. Since 2018, when Alabama ini­tial­ly autho­rized the use of nitro­gen hypox­ia in cap­i­tal pun­ish­ment, the state has been work­ing to estab­lish a pro­to­col for exe­cu­tions using this method. Alabama initially…

In July 2023, legal schol­ars, a civ­il rights group, and var­i­ous orga­ni­za­tions which advo­cate for vic­tims of domes­tic and gen­der-based vio­lence filed ami­cus briefs in sup­port of two death-sen­tenced female pris­on­ers, Brenda Andrew and Brittany Holberg. Both ami­cus briefs allege that gen­der bias in their cas­es denied them fair…

A recent law review arti­cle crit­i­cizes the U.S. Supreme Court’s use of its ​‘shad­ow dock­et’ in cap­i­tal cas­es, par­tic­u­lar­ly in recent years. The Capital Shadow Docket and the Death of Judicial Restraint, by Professor Jenny-Brooke Condon, explains that the Court ​“invokes judi­cial restraint to jus­ti­fy its refusal to sec­ond-guess the cru­el­ty of chal­lenged exe­cu­tion meth­ods or when Justices cite fed­er­al­ism-based ratio­nales for refus­ing to delay state enforce­ment of a death sen­tences … And yet on…