Striving to Eliminate Unjust Executions: Why the ABA’s Individual Rights & Responsibilities Section Has Issued Protocols on Unfair Implementation of Capital Punishment

By Ronald J. Tabak / Ohio State Law Journal, on 8 September 2020

The ABA concluded in 1997 that pervasive unfairness in capital punishment regimes warranted a halt to executions unless all of the systemic problems the ABA identified were corrected. Four years later, with those problems still pervasive, the ABA’s Section of Individual Rights and Responsibilities issued protocols designed to facilitate the evaluation of the fairness—or lack thereof—of a jurisdiction’s capital punishment system. The protocols are particularly timely because many state legislative bodies are authorizing, or considering authorizing, studies of death penalty implementation. The protocols provide an overview, a list of questions to consider, and recommendations with regard to each topic area they cover. While these are not exhaustive, and are not fully applicable in every death penalty jurisdiction, they should prove invaluable to any group seeking to seriously evaluate the manner in which capital punishment is actually administered today.

  • Document type Article
  • Countries list United States
  • Themes list Networks,