Publications & Testimony

On May 1, 2023, the state of Florida adopted legislation allowing the death penalty for sexual abuse of a child where no death occurred. This statute is unconstitutional under the U.S. Supreme Court’s ruling in Kennedy v. Louisiana (2008). Excerpts from that opinion and from an amicus brief cited by the Court follow: Excerpts from KENNEDY v. LOUISIANA (2008): Opinion of the Court STANDARDS OF DECENCY “Evolving standards of decency must embrace and express respect for the dignity of the…

(ORDER LIST: 598 U.S.) FRIDAY, MAY 5, 2023 ORDER IN PENDING CASE 22A941 GLOSSIP, RICHARD E. V. OKLAHOMA The application for stay of execution of sentence of death presented to Justice Kavanaugh and by him referred to the Court is granted pending the disposition of the petitions for writs of certiorari, Nos. 22 – 6500 and 22 – 7466. Should both petitions for writs of certiorari be denied, this stay shall terminate automatically. In the event either petition for a writ of certiorari is granted, the…

A recent article in the The Guardian described the reactions of some of the California prisoners who have been moved from San Quentin’s death row and transferred to other facilities around the state. The prisoners are still under a sentence of death, but in 2019 Governor Gavin Newsom declared a moratorium on executions and has dismantled the execution chamber. For example, Ramon Rogers, 63, who has been on death row since 1997, jumped at the opportunity for a different facility: “I was itching…

In a detailed five-part series titled “Poorly executed: How Arizona has failed at carrying out the death penalty,” the Arizona Mirror explores the last 16 years of Arizona’s use of capital punishment. The series focuses on controversies surrounding the executions themselves, including changes to the drug protocol, the use of inexperienced or unqualified personnel, and the state secrecy surrounding the process. It also looks into other major issues in capital punishment, such as innocence…

Bills to alter the state’s method of execution and to make the execution process more transparent failed in Tennessee’s legislature this year as its session concluded. In an effort to facilitate executions bogged down by the state’s problems with lethal injection, a bill was proposed to give prisoners the option of the firing squad for their execution. Following an independent investigation into Tennessee’s lethal injection protocols, Governor Bill Lee (R) had suspended executions on January 5…

The accompanying graph (click to view separately) displays the time in years since the last execution by each state as of May 1, 2023. The death penalty in the U.S. is a distinctly minority phenomena, with thirty-six states plus the District of Columbia not carrying out an execution in over 10 years. Twenty-three states and the District of Columbia have abolished capital punishment, and additional jurisdictions, including the federal government, have a hold on executions. Last year there were…

Bills to hide the identities of lethal-injection drug suppliers and execution team members from the public have passed both chambers of the South Carolina legislature. The bills face a reconciliation process before one can move to the governor’s desk for signature. Proponents of the law say it is necessary because revealing such information might make executions difficult or impossible. South Carolina has not carried out an execution in 12 years. Opponents say the public has the right to know…

In the latest episode of Discussions with DPIC, Anne Holsinger, Managing Director of DPIC, interviews Ron McAndrew (pictured), a former Florida Prison Warden who witnessed executions using electrocution and lethal injection in Florida and Texas. He offers reflections on the negative impact that executions have on the families of both the victim and the condemned, the correctional officers, and on himself. Mr. McAndrew discusses his responsibilities as a warden and his involvement in carrying…

On April 26, the Oklahoma Board of Pardons and Paroles declined to recommend clemency for death-row prisoner Richard Glossip (pictured), who is scheduled to be executed on May 18, 2023. The board’s 2 – 2 vote constituted a denial of clemency since the governor cannot grant clemency without the board’s recommendation. Oklahoma Attorney General Gentner Drummond sent a letter to the board urging them to grant clemency for Glossip. “I am not aware of an Oklahoma Attorney General ever supporting a…

The board of Cleveland.com and The Plain Dealer published an editorial supporting the passage of Senate Bill 101 that would abolish the death penalty in Ohio. “[T]he time is right,” states the piece, “for the General Assembly to come together to end capital punishment in Ohio. Its inequities are manifest, its barbarism is clear — and its time has passed.” According to the editorial, Senate Bill 101 currently has bipartisan support among “more than a third of the state Senate. …[and] runs the…