INDEX

Published in 2023.

While 70% of the world’s countries have abolished the death penalty, also known as capital punishment, much of the United States continues to use it in its criminal legal proceedings.According to the Death Penalty Information Center, at least 190 people were exonerated prior to their fated execution date after being wrongly convicted and sentenced to death in the United States. There is no way to tell how many of the 1,562 people, who have been executed in the United States, were actually innocent. As there are wrongful convictions still happening today, it is no surprise that most countries consider the death penalty a human rights issue.

• Document type Academic Article
• Countries list United States

Published in 2023.

This article assesses whether there is evidence to suggest that the UPR can influence the timing of a country’s decision to abolish the death penalty. The evidence arises out of the examination of thirty case studies of countries that abolished the death penalty, or ratifiedthe leading treaty calling for abolition. This article concludes that in some circumstances the UPR does appear to influence that timing. These conclusions can assist civil society organizations as they refine their advocacy to encourage more countries to abolish the death penalty.

Part I of this article offers an introduction to the global abolitionist movement and two of its advocacy targets: the U.N. Human Rights Council and the UPR. Part II makes the case for focusing on the UPR to assess the efficacy of U.N. advocacy. Part III describes the process of abolition and offers several theories as to how the UPR might influence a country’s trajectory toward abolition. Part IV sets out the study’s methodology and encompasses the analysis of the case studies, focusing first on countries that have abolished the death penalty early in a UPR cycle, then on countries that have abolished at mid-cycle, and finally on countries that have abolished during the tail end of the cycle. The conclusion discusses the implications of these findings for civil society organizations working toward abolition of the death penalty.

• Document type Academic Article
• Themes list Trend Towards Abolition

Published on July 2, 2023

This article focuses on the cases of 664 foreign nationals, the majority of whom are migrant workers, under sentence of death across the Gulf states (including Jordan and Lebanon) between 2016 and 2021. The features of these cases suggest that they are inextricably linked to migrant workers’ dependency under the kafala system, with examples of migrants duped into smuggling drugs across the border by their migrant broker, and once in country, accounts of violent altercations due to disputes about exit visas, and in the case of migrant domestic workers, self-defence against sexual violence. Engaging with the burgeoning literature on immigration, exploitation and criminalisation, as well as scholarship on capital punishment, this article will explore the multiple and unique layers of dependency fostered by the kafala system that place migrant workers at higher risk of the death penalty in these Gulf jurisdictions.

• Document type Academic Article
• Countries list Jordan / Kuwait / Lebanon / Qatar / Saudi Arabia / United Arab Emirates

Published on December 01, 2023.

Innocence cases dominated much of the media’s attention on death penalty cases in 2023. While these prisoners were largely unsuccessful in the courts, there was unprecedented support for their claims from state legislators, prosecutors, judges, and other elected officials, some of whom declared themselves newly disillusioned with use of the death penalty in their state. This year is the 9th consecutive year with fewer than 30 people executed (24) and fewer than 50 people sentenced to death (21, as of December 1). The 23 men and one woman who were executed in 2023 were the oldest average age (tied with 2021) and spent the longest average number of years in prison in the modern death penalty era before being executed. As in previous years, most prisoners had significant physical and mental health issues at the time of their executions, some of which can be attributed to the many years they spent in severe isolation on death row. Continued difficulties obtaining lethal injection drugs led some states to explore new, untested methods of execution or revive previously abandoned methods. Other states enacted or continued pauses on executions while the state’s method of execution was studied.

• Document type NGO report
• Countries list United States
• Themes list Public Opinion 

Published on April 3, 2023.

The death penalty has gained its legitimacy from the belief that capital prosecutions are more procedurally rigorous than noncapi-tal prosecutions. This Article reveals how a project of heightened capital standards, set in motion when the Supreme Court ended and then revived the death penalty, was set up to fail.

In establishing what a constitutional death penalty would look like, the Court in 1976 called for heightened standards of reliability in capital cases. In the late 1970s and early 80s, the Supreme Court laid out specific constitutional procedures that must be applied in capital cases, and left the door open for the Eighth Amendment to do even more. In the decades that followed, state and federal courts have fueled a perception of heightened procedural rigor in capital cases by referring repeatedly to the heightened standards applica-ble in capital cases.

• Document type Article
• Countries list United States
• Themes list Fair Trial

Published on December 18, 2023.

Initial impressions of others based on facial appearances are often inaccurate yet can lead to dire outcomes. Across four studies, adult participants underwent a counterstereotype training to reduce their reliance on facial appearance in consequential social judgments of White male faces. In Studies 1 and 2, trustworthiness and sentencing judgments among control participants predicted whether real-world inmates were sentenced to death versus life in prison, but these relationships were diminished among trained participants. In Study 3, a sequential priming paradigm demonstrated that the training was able to abolish the relationship between even automatically and implicitly perceived trustworthiness and the inmates’ life-or-death sentences. Study 4 extended these results to realistic decision-making, showing that training reduced the impact of facial trustworthiness on sentencing decisions even in the presence of decision-relevant information. Overall, our findings suggest that a counterstereotype intervention can mitigate the potentially harmful effects of relying on facial appearance in consequential social judgments.

• Document type Article
• Countries list United States

Published on December 12, 2023.

In a recently published academic article, Emory University History Professor Daniel LaChance writes about an important and underrecognized distinction in the way newspaper editors and journalists covered the executions of Black and white men in the late 19th and early 20th centuries. Professor LaChance argues that the portrayals of the defendants made legal executions “a high-status punishment that respected the whiteness of those who suffered it.” While the length and detail of articles about the executions of Black men shrank dramatically over time, he notes that journalists consistently highlighted the humanity of white men who were executed, making it “easier for those who wanted to project a modern image of the South to distance capital punishment from lynching, a form of violence that was becoming a source of embarrassment for respectable white Southerners.”

• Document type Article
• Countries list United States
• Themes list Public Opinion 

Published on October 7, 2023.

Of all retentionist countries, Singapore seems to be the most vocal about the need to execute individuals as a form of criminal punishment. MAI SATO (Monash University) reviews studies conducted or commissioned by Singapore’s Ministry of Home Affairs that claim public backing for and the effectiveness of the death penalty in managing drug trafficking. Sato finds that these studies provide far weaker evidence for using the death penalty for drug trafficking than their authors and officials citing them claim.

• Document type Academic report
• Countries list Singapore
• Themes list Drug Offenses

Published in December 2023.

In “Death by Design” Parts 1 and 2, Wren investigated the state of court-appointed capital representation in Harris County—the death penalty capital of the world. The second report examines why that poor representation has thrived, and the ways that the judges overseeing those cases have enabled it to continue that way.

Wren recommends a total overhaul to the system of capital representation for poor defendants in Harris County, with either the public defender absorbing those cases or the judges establishing a new, freestanding capital public defender that is independent from judicial oversight.

• Document type NGO report
• Countries list United States
• Themes list Legal Representation

Published in December 2023.

In “Death by Design” Parts 1 and 2, Wren investigated the state of court-appointed capital representation in Harris County—the death penalty capital of the world.The first report delves into the failings of the lawyers in capital cases.

Wren recommends a total overhaul to the system of capital representation for poor defendants in Harris County, with either the public defender absorbing those cases or the judges establishing a new, freestanding capital public defender that is independent from judicial oversight.

• Document type NGO report
• Countries list United States
• Themes list Legal Representation