Publications & Testimony

The Missouri Supreme Court is con­sid­er­ing how to apply a rarely used state law intend­ed to pre­vent wrong­ful exe­cu­tions. Marcellus Williams (pic­tured), a death row pris­on­er who main­tains his inno­cence, could face exe­cu­tion if the state’s high court allows Governor Mike Parson to dis­solve a board of inquiry that for­mer Governor Eric Greitens formed to exam­ine Mr. Williams’ inno­cence claims. Mr. Williams’ attor­neys argue that state law requires the board to pro­vide a report and rec­om­men­da­tion to the gov­er­nor, while Missouri Attorney General Andrew Bailey argues that Gov. Parson’s clemency…

On January 12, 2024, the U.S. Department of Justice (DOJ) announced that it will seek a death sen­tence for Payton Gendron, the then-18-year-old who killed 10 Black peo­ple at a Tops super­mar­ket in Buffalo, New York in 2022. This is the first cap­i­tal case autho­rized by Attorney General Merrick Garland and the Biden Administration’s DOJ. The announce­ment came twen­ty months after the mass shoot­ing and eleven months after Mr. Gendron pled guilty to state first degree mur­der charges and was sen­tenced to mul­ti­ple sen­tences of life with­out parole. Although New…

The first month of 2024 marks the start of new leg­isla­tive ses­sions for many states and a num­ber of new pro­pos­als per­tain­ing to the death penalty.

On January 10, 2024, U.S. District Judge Austin Huffaker denied Kenneth ​“Kenny” Smith’s chal­lenge to Alabama’s intend­ed use of nitro­gen gas to exe­cute him. Although Mr. Smith plans to appeal, the rul­ing cur­rent­ly autho­rizes Alabama to use its new, untest­ed method of nitro­gen hypox­ia to exe­cute Mr. Smith on January 25.

In 2018, Pope Francis for­mal­ly revised the Catechism of the Catholic Church — its core teach­ings — to oppose the death penal­ty. Characterizing cap­i­tal pun­ish­ment as ​“an attack on the invi­o­la­bil­i­ty and dig­ni­ty of the per­son,” he wrote that the Catholic Church ​“works with deter­mi­na­tion for its abo­li­tion world­wide.” This revi­sion updat­ed a 1997 Catechism edit by Pope John Paul II that per­mit­ted the death penal­ty in rare cas­es where it was deemed ​“the only pos­si­ble way of effec­tive­ly defend­ing human lives against the unjust aggres­sor.” In the five years since Pope Francis affirmed…

According to state­ments from sev­er­al fed­er­al death row pris­on­ers, the new ​“adverse con­di­tions” on death row in Terre Haute, Indiana, con­tributed to the December 1, 2023 death of Nasih Khalil Ra’id. Fellow pris­on­ers say Mr. Ra’id, whose giv­en name at birth was Odell Corley, died by sui­cide. Prison offi­cials have not released the report from Mr. Ra’id’s autop­sy or com­ment­ed on the cause of his death.

On December 22, 2023, the Oklahoma Court of Criminal Appeals issued a 100-day stay of exe­cu­tion to car­ry out a men­tal com­pe­ten­cy hear­ing for James Ryder, who was sched­uled to be exe­cut­ed on February 1, 2024. Mr. Ryder’s attor­neys have argued for years that he is not com­pe­tent to face exe­cu­tion, cit­ing long stand­ing men­tal ill­ness that has wors­ened through­out his incar­cer­a­tion. Several psy­chol­o­gists have diag­nosed Mr. Ryder with para­noid schiz­o­phre­nia and con­clud­ed he is not com­pe­tent to face exe­cu­tion. ​“Having reviewed the evi­dence, we find the mat­ter should be…

The United States and Japan are the only two reten­tion­ist coun­tries among the Group of Seven (G7) lead­ing indus­tri­al­ized democ­ra­cies. But Japan did not car­ry out any exe­cu­tions in 2023 and imposed just three new death sen­tences. The pause meant that the U.S. was the only G7 nation to per­form any exe­cu­tions in 2023.

On December 22, 2023, Judge Coral Sanchez of Utah’s Third Circuit Court dis­missed a law­suit brought by five men on the state’s death row that chal­lenged Utah’s two exe­cu­tion meth­ods and pro­to­cols. Ralph Menzies, Troy Kell, Michael Archuleta, Douglas Carter, and Taberon Honie sought an order vacat­ing Utah’s cur­rent exe­cu­tion pro­to­cols for lethal injec­tion and fir­ing squad and enjoin­ing their future use. The pris­on­ers argue that both meth­ods con­sti­tute cru­el and unusu­al pun­ish­ment under the Eighth Amendment. In her deci­sion to dis­miss their law­suit, Judge Sanchez wrote that the ​“plain­tiffs…