In a cov­er sto­ry for TIME Magazine, award-win­ning jour­nal­ist and TIME edi­tor-at-large David Von Drehle explores the decline of cap­i­tal pun­ish­ment in the U.S. Von Drehle offers five sig­nif­i­cant rea­sons for the drop in death sen­tences, exe­cu­tions, and pub­lic sup­port for the death penal­ty in the United States. First, he cites per­sis­tent prob­lems with the admin­is­tra­tion of the death penal­ty: botched exe­cu­tions and a lengthy appeals process that fails to iden­ti­fy wrong­ful con­vic­tions for decades, if at all. Second, he points to the falling crime rate, show­ing that sup­port for the death penal­ty has close­ly tracked the nation­al mur­der rate through­out the 20th cen­tu­ry. The third rea­son Von Drehle gives is the ero­sion of the jus­ti­fi­ca­tion for cap­i­tal pun­ish­ment. Life with­out parole sen­tences pro­vide an alter­na­tive way to ensure that a mur­der­er will nev­er be released and an equiv­a­lent to “[w]hatever deter­rent cap­i­tal pun­ish­ment pro­vides.” He also describes the his­tor­i­cal use of exe­cu­tions as a tool of white suprema­cy. While he notes that the overt racism of the old order is now plain­ly uncon­sti­tu­tion­al,” the sys­tem remains plagued by eco­nom­ic bias, as a result of which “[t]hose with­out the cap­i­tal get the pun­ish­ment.” Fourth, he high­lights the finan­cial cost of the death penal­ty, which has led some pros­e­cu­tors to decide that death sen­tences are sim­ply not a pri­or­i­ty with­in a con­strained bud­get. Finally, he says, Actions of the leg­is­la­tures, low­er-court judges and gov­er­nors can all be read by the Supreme Court as signs of evolv­ing stan­dards of decen­cy’ in soci­ety,” which the U.S. Supreme Court may even­tu­al­ly see as jus­ti­fi­ca­tion for strik­ing down cap­i­tal pun­ish­ment. He con­cludes, The facts are irrefutable, and the log­ic is clear. Exhausted by so many years of try­ing to prop up this bro­ken sys­tem, the court will one day throw in the towel.”

(D. Von Drehle, The Death of the Death Penalty,” TIME Magazine, June 8, 2015.) See Arbitrariness and History of the Death Penalty.

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