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The protracted and (somewhat) ongoing debate over whether lethal injection—in some or all of its forms—is cruel and unusual punishment under the Eighth Amendment is the newest variation on the question of whether a particular form of capital punishment is inhumane and cruel. The history of capital punishment in the United States over the last two centuries has been punctuated by attempts to find less painful and gruesome ways to kill persons society has condemned to die. Ironically, at least from a historical perspective, some recent executions have seen condemned inmates or their attorneys elect some of the older methods, i.e., electrocution, or offer, as a potentially less painful alternative, the firing squad or death by lethal gas. And some states, including the main subject of this article, have resurrected electrocution and the firing squad because of a claimed inability or difficulty in obtaining execution drugs. In this article, the authors trace the history of execution methods in the pre-modern era of capital punishment (before 1972), primarily in South Carolina, pointing out the often-intractable problems with their implementation process (including specific “botches”), and then address other aspects of executions that have relevance to the current debate about the wisdom and efficacy of retaining the “modern” American death penalty in the twenty-first century.

• Document type Academic report
• Countries list United States
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment
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The numbers and the politics of the death penalty in India tell very different stories, presenting complicated narratives for its future. The public reaction to instances of sexual violence and other offences over the last decade and the consequent political response has significantly strengthened the retention and expansion of the death penalty. This is reflected from the fact that that of all the death sentences that district courts impose, only about 5 percent get confirmed in India’s appellate system. However, does this mean there is growing scepticism about the death penalty in the Supreme Court of India? Unfortunately, the answer is far from simple. An assessment of the death penalty in India’s appellate courts during the last decade will demonstrate that a crime-centric approach has hindered any principled discomfort with the death penalty or the manner of its administration. In particular, the Supreme Court has faltered in high-profile death sentence cases (i.e., offences against the state and sexual violence cases), and its track record of commutations has very little to do with principled considerations on sentencing. This paper argues that the political and judicial imagination of the death penalty, as a necessary part of the response to crime, creates significant and unique challenges for the path towards abolition.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

• Document type Academic report
• Countries list India
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This article primarily focuses on how racial bias creates nearly ubiquitous racial disparities in the imposition of the death penalty; it does so both to amass further reasons McCleskey was wrongly decided, and to point the way forward. Part I provides the necessary foundation by summarizing the history of race and the death penalty in the United States, with a focus on the Supreme Court’s treatment of racial discrimination claims in capital sentencing. Part II, the heart of this Article, examines the multiple psychological mechanisms that create racially biased decision making in capital cases. Understanding those mechanisms further undercuts the Supreme Court’s reasoning in McCleskey and argues for overturning the holding. However, recognizing the reluctance with which today’s Court would view overturning McCleskey, Part III considers whether and how alternative, case-specific uses of the data described in Part II might ameliorate the influence of racial bias in capital sentencing.

• Document type Academic report
• Countries list United States
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“The penalty of death is more likely to be imposed on individuals who suffer from various disadvantages: poverty, poor lawyers, mental illness, intellectual deficits, for example. It also is more common among those with white victims compared to minority victims, those who commit crimes in jurisdictions that have previously sentenced more individuals to death, and those who committed their crimes in the 1980s or 1990s as compared to more recent years (see Baumgartner et al. 2018 for details). In this short report I focus on two particular disadvantages: age and minority status.” – Frank R. Baumgartner

Link to the article: https://deathpenaltyinfo.org/news/report-racial-disparities-in-death-sentences-imposed-on-late-adolescent-offenders-have-grown-since-supreme-court-ruling-banning-juvenile-death-penalty

• Document type Academic report
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Shattered Justice presents original crime victims’ experiences with violent crime, investigations and trials, and later exonerations in their cases. Using in-depth interviews with 21 crime victims across the United States, Cook reveals how homicide victims’ family members and rape survivors describe the painful impact of the primary trauma, the secondary trauma of the investigations and trials, and then the tertiary trauma associated with wrongful convictions and exonerations. Important lessons and analyses are shared related to grief and loss, and healing and repair. Using restorative justice practices to develop and deliver healing retreats for survivors also expands the practice of restorative justice. Finally, policy reforms aimed at preventing, mitigating, and repairing the harms of wrongful convictions is covered.

• Document type Book
• Countries list United States
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The present report provides information on the implementation of General Assembly resolution 75/183. It discusses developments towards the abolition of the death penalty and the establishment of moratoriums on executions and highlights trends in the use of the death penalty, including the application of international standards relating to the protection of the rights of those facing the death penalty. The report discusses conditions of detention for persons on death row, the application of the death penalty to foreign nationals, its disproportionate and discriminatory application to women, its disproportionate impact on poor and economically vulnerable individuals, its discriminatory use relating to persons exercising their human rights, and various initiatives for advancing its abolition. The report welcomes progress made towards universal abolition in States representing different legal systems, traditions, cultures and religious backgrounds. It concludes that all measures aimed towards limiting the application of the death penalty constitute progress in the protection of the right to life.

• Document type United Nations report
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To mark the fortieth anniversary of the establishment of the mandate on extrajudicial, summary or arbitrary executions, the Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz, offers a reflection from a historical perspective on the establishment of the mandate and the subsequent evolution of its working methods. He retraces the development of international standards and guidelines elaborated with the substantial contribution and support of the various mandate holders. The report also contains an analysis of the question of the death penalty from the perspective of whether it is compatible with the absolute prohibition of torture or other cruel, inhuman or degrading treatment or punishment and recommendations aimed at ensuring the protection of the right to life, as guaranteed under international human rights instruments.

• Document type United Nations report
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World Day 2022 Poster in Turkish – ÖLÜM CEZASI: İŞKENCEYLE DÖŞELI BIR YOLDUR

• Document type World Coalition
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Pursuant to Human Rights Council decision 18/117, the present report is submitted to update previous reports on the question of the death penalty. In the report, the Secretary-General reaffirms the trend towards the universal abolition of the death penalty and highlights initiatives limiting its use and implementing the safeguards guaranteeing the protection of the rights of those facing this severe penalty. A minority of States continued to use the death penalty. Pursuant to Council resolution 22/11, the report also includes information on the human rights of children of parents sentenced to the death penalty or executed.

• Document type United Nations report
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“The President, his administration and Congress must recognize that respect for human dignity and retention of the death penalty are incompatible; that respect for the rule of law must include international human rights law guaranteeing protection of the rights of those facing the death penalty; that upholding universal rights must include upholding the right of everyone to life and freedom from cruel, inhuman or degrading treatment or punishment; and that making international institutions stronger must include implementing the conclusions of UN human rights treaty bodies,”

• Document type NGO report
• Countries list United States
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