INDEX

Since 1976, over forty percent of prisoners executed in American jails have been African American or Hispanic. This trend shows little evidence of diminishing, and follows a larger pattern of the violent criminalization of African American populations that has marked the country’s history of punishment.

In a bold attempt to tackle the looming question of how and why the connection between race and the death penalty has been so strong throughout American history, Ogletree and Sarat headline an interdisciplinary cast of experts in reflecting on this disturbing issue. Insightful original essays approach the topic from legal, historical, cultural, and social science perspectives to show the ways that the death penalty is racialized, the places in the death penalty process where race makes a difference, and the ways that meanings of race in the United States are constructed in and through our practices of capital punishment.

From Lynch Mobs to the Killing State not only uncovers the ways that race influences capital punishment, but also attempts to situate the linkage between race and the death penalty in the history of this country, in particular the history of lynching. In its probing examination of how and why the connection between race and the death penalty has been so strong throughout American history, this book forces us to consider how the death penalty gives meaning to race as well as why the racialization of the death penalty is uniquely American.

• Document type Book
• Countries list United States

At the start of the twenty-first century, America is in the midst of a profound national reconsideration of the death penalty. There has been a dramatic decline in the number of people being sentenced to death as well as executed, exonerations have become common, and the number of states abolishing the death penalty is on the rise. The essays featured in The Road to Abolition? track this shift in attitudes toward capital punishment, and consider whether or not the death penalty will ever be abolished in America.The interdisciplinary group of experts gathered by Charles J. Ogletree Jr., and Austin Sarat ask and attempt to answer the hard questions that need to be addressed if the death penalty is to be abolished. Will the death penalty end only to be replaced with life in prison without parole? Will life without the possibility of parole become, in essence, the new death penalty? For abolitionists, might that be a pyrrhic victory? The contributors discuss how the death penalty might be abolished, with particular emphasis on the current debate over lethal injection as a case study on why and how the elimination of certain forms of execution might provide a model for the larger abolition of the death penalty.

• Document type Book
• Countries list United States

In The Fear of Too Much Justice, legendary death penalty lawyer Stephen B. Bright and legal scholar James Kwak offer a heart-wrenching overview of how the criminal legal system fails to live up to the values of equality and justice. The book ranges from poor people squeezed for cash by private probation companies because of trivial violations to people executed in violation of the Constitution despite overwhelming evidence of intellectual disability or mental illness. They also show examples from around the country of places that are making progress toward justice.

With a foreword by Bryan Stevenson, who worked for Bright at the Southern Center for Human Rights and credits him for “[breaking] down the issues with the death penalty simply but persuasively,” The Fear of Too Much Justice offers a timely, trenchant, firsthand critique of our criminal courts and points the way toward a more just future.

Available: June 2023

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

The Reverend Russ Ford, who served as the head chaplain on Virginia’s death row for eighteen years, raged against the inequities of the death penalty—now outlawed in Virginia—while ministering to the men condemned to die in the 1980s and 1990s. Ford stood watch with twenty-eight men, sitting with them in the squalid death house during the final days and hours of their lives. In July 1990 he accidentally almost became the 245th person killed by Virginia’s electric chair as he comforted Ricky Boggs in his last moments, a vivid episode that opens this haunting book. Many chaplains get to know the condemned men only in these final moments. Ford, however, spent years working with the men of Virginia’s death row, forging close bonds with the condemned and developing a nuanced understanding of their crimes, their early struggles, and their challenges behind bars. His unusual ministry makes this memoir a unique and compelling read, a moving and unflinching portrait of Virginia’s death row inmates. Revealing the cruelties of the state-sanctioned violence that has until recently prevailed in our backyard, Crossing the River Styx serves as a cautionary tale for those who still support capital punishment.

• Document type Book
• Countries list United States
• Themes list Death Row Conditions 

The fascinating, moving story of a friendship with an inmate on death row. It was a clash of race, privilege, and circumstance when Alan Robertson first signed up through a church program to visit Cecil Johnson on Death Row, to offer friendship and compassion. Alan’s wife Suzanne had no intention of being involved, but slowly, through phone calls and letters, she began to empathize and understand him. That Cecil and Suzanne eventually became such close friends—a white middle-class woman and a Black man who grew up devoid of advantage—is a testament to perseverance, forgiveness, and love, but also to the notion that differences don’t have to be barriers. This book recounts a fifteen-year friendship and how trust and compassion were forged despite the difficult circumstances, and how Cecil ended up ministering more to Suzanne’s family than they did to him. The story details how Cecil maintained inexplicable joy and hope despite the tragic events of his life and how Suzanne, Alan, and their two daughters opened their hearts to a man convicted of murder. Cecil Johnson was executed Dec. 2, 2009.

• Document type Book
• Countries list United States
• Themes list Death Row Conditions 

The Death Penalty Project’s latest report provides a comprehensive analysis of the lives of prisoners on death row in Kenya. It focuses on prisoners’ socio-economic backgrounds and profiles, their pathways to, and motivation for, offending, as well as their experiences of the criminal justice process and of imprisonment. It complements our previous research, a two-part study of attitudes towards the death penalty in Kenya, The Death Penalty in Kenya: A Punishment that has Died Out in Practice.
While 120 countries around the world have now abolished the death penalty, including 25 in Africa, Kenya is one of 22 African nations that continues to retain the death penalty in law, albeit it has not carried out any executions for more than three decades. As such, Kenya is classified as ‘abolitionist de facto’, the United Nations term for a country that has not carried out an execution for at least 10 years. Yet, while state-sanctioned executions no longer occur, hundreds of people are currently living under sentence of death and others are convicted and sentenced to death each year. As long as the death penalty is retained in law, there remains a risk that executions might resume if there is political change. Moreover, the plight and turmoil of those languishing on death row – consistently the poorest and most vulnerable – cannot be ignored. They are disproportionately sentenced to death and suffer the harshest punishments and treatment.

• Document type Book
• Countries list Kenya

On July 1, 2021, Virginia ended a 413-year tradition by abolishing the death penalty.
Many of those convicted from 1608 to 2017 deserved harsh punishment – but Virginia took harsh to a whole new level with its “finality over fairness” philosophy. Four hundred years of her racist, mob-driven capital punishment system ensnared many innocent and undeserving victims under the toxic guises of protecting white citizens or being “tough on crime.” So many of those killed by the state died with their guilt or innocence lost to history.
Virginia leads the nation with 1,390 executions. After a 1976 Supreme Court decision, Virginia institutionalized and streamlined the parade to the death chamber more efficiently than any other state, executing between 1976 and 2017 a breathtaking 73 percent of all who received death sentences. The national average is 16 percent.

• Document type Book
• Countries list United States

In their new book, released in the Summer of 2022, University of Denver criminology and sociology professor Scott Phillips and University of Georgia sociologist Mark Cooney apply the concept of “social geometry,” developed in the 1970s by sociologist Donald Black, to analyze outcomes of capital cases. After reviewing extensive data collected in connection with the landmark Baldus Study of capital sentencing in Georgia and from the national Capital Jury Project, they conclude that the sentencing outcomes in the cases in those databases support key principles of Black’s theory: the higher the social status of the victim and the lower the social status of the defendant, the more likely a death sentence will be imposed.

• Document type Book
• Countries list United States

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

Is the death penalty “natural” or sometimes legally due?
If not, is the death penalty always a political instrument?
If so, how and why can it be said that the death penalty is unjust, also considering religious values?
What about in case of war time or of very dangerous criminals?
In which way can there be an irrefutable argument for banning the death penalty worldwide and forever?

These and other issues concerning the death penalty are addressed by the Author of this book.
A book, where the most common theories for and against the death penalty are considered in the light of law history and philosophical views, and where Cesare Beccaria’s approach is revised, taking into account the development of the contemporary criminal law and of the legal positivism.

This is an essay, where the protection of humanity is not considered simply as a hope or as a naive dream, but rather as a juridical concept, absolutely necessary to understand one of most tragic questions of all time: “is it just to kill those who killed?”

• Document type Book