Studies

A new report by Amnesty International says Florida​’s approach to redress­ing the near­ly 400 uncon­sti­tu­tion­al non-unan­i­mous death sen­tences imposed in the state has deep­ened its sta­tus as an out­lier on death-penal­ty issues by ​“add[ing] an extra lay­er of arbi­trari­ness to [the state’s] already dis­crim­i­na­to­ry and error-prone capital justice…

A new study by an inter­dis­ci­pli­nary team of Arizona State University psy­chol­o­gy researchers has found a link between the actu­al and per­ceived scarci­ty of resources and sup­port for cap­i­tal pun­ish­ment. The study, cur­rent­ly in press but avail­able online on August 10 in the sci­ence jour­nal, Evolution and Human Behavior, dis­cov­ered that coun­tries with greater resource scarci­ty were more like­ly to have a death penal­ty, as were U.S. states with low­er per capi­ta…

The American Bar Association’s Criminal Justice Section has released its annu­al report on issues, trends, and sig­nif­i­cant changes in America’s crim­i­nal jus­tice sys­tem. The new pub­li­ca­tion, The State of Criminal Justice 2018, includes a chap­ter by Ronald J. Tabak, chair of the Death Penalty Committee of the ABA’s Section of Civil Rights and Social Justice, describ­ing sig­nif­i­cant death penal­ty cas­es and cap­i­tal pun­ish­ment devel­op­ments over the past…

The lat­est edi­tion of Discussions with DPIC fea­tures H.E. Miller, Jr. and Bradley MacLean, co-authors of a recent study on the appli­ca­tion of Tennessee’s death penal­ty. Miller and MacLean describe the find­ings from their arti­cle, Tennessee’s Death Penalty Lottery, in which they exam­ined the fac­tors that influ­ence death-penal­ty deci­sions in the…

A new study of Tennessee’s death penal­ty con­cludes that the state’s cap­i­tal-pun­ish­ment sys­tem is ​“a cru­el lot­tery” that is ​“rid­dled with…

Tennessee could save an esti­mat­ed $1.4 – 1.89 mil­lion per year by adopt­ing a ban on cap­i­tal pun­ish­ment for defen­dants with severe men­tal ill­ness, accord­ing to a new report by the American Bar Association Death Penalty Due Process Review Project. The report said a severe men­tal ill­ness death-penal­ty exclu­sion ​“could result in cost sav­ings [because] a sub­set of indi­vid­u­als who cur­rent­ly could face expen­sive cap­i­tal pros­e­cu­tions and decades of appeals would become…

Pennsylvania​’s death-penal­ty sys­tem is seri­ous­ly flawed and in need of major reform, accord­ing to a report released June 25, 2018, by the Pennsylvania Task Force and Advisory Committee on Capital Punishment. The bipar­ti­san task force and advi­so­ry com­mit­tee — which con­sist­ed of leg­is­la­tors, pros­e­cu­tors, defense attor­neys, police chiefs, judges, and vic­tims’ advo­cates — began work in 2012 and exam­ined 17 issues relat­ed to the Commonwealth’s death penal­ty. Their years-long…

A new study shows that the Mississippi District Attorney’s office that has pros­e­cut­ed Curtis Flowers for cap­i­tal mur­der six times — strik­ing almost all black jurors in each tri­al — has dis­pro­por­tion­ate­ly exclud­ed African Americans from jury ser­vice for more than a quar­ter cen­tu­ry. Reviewing the exer­cise of dis­cre­tionary jury strikes in 225 tri­als between 1992 and 2017, American Public Media Reports dis­cov­ered that dur­ing the tenure of Mississippi’s Fifth Circuit…

State-court factfind­ing by judges in Harris County, Texas death-penal­ty cas­es is ​“a sham” that ​“rub­ber­stamps” the views of coun­ty pros­e­cu­tors, accord­ing to a study of the coun­ty’s cap­i­tal post-con­vic­tion pro­ceed­ings pub­lished in the May 2018 issue of the Houston Law Review. In The Problem of Rubber Stamping in State Capital Habeas Proceedings: A Harris County Case Study, researchers from the University of Texas School of Law Capital…

As sup­port for the death penal­ty has declined in America, the process of ​“death-qual­i­fi­ca­tion” — which screens poten­tial jurors in death-penal­ty cas­es based upon their views about cap­i­tal pun­ish­ment — pro­duces increas­ing­ly unrep­re­sen­ta­tive juries from which African Americans are dis­pro­por­tion­ate­ly exclud­ed and, accord­ing to a new study by researchers at the University of California, increas­ing­ly bias­es juries in favor of con­vic­tion and death…