Skip to main content

USA: Why the death penalty might come to an end

Justice Antonin Scalia
Justice Antonin Scalia
In a speech last week at the University of Minnesota, Supreme Court Justice Antonin Scalia said "it wouldn't surprise me" if the death penalty became a thing of the past in the United States.

He could even imagine it happening during his tenure, he said - which, considering he's 79, would presumably be soon.

But how close is the Court to actually ruling capital punishment unconstitutional?

MPR News' Kerri Miller spoke to David von Drehel, Time Magazine editor-at-large, and Carol S. Streiker, professor of law at Harvard Law School, about the realities of the issue. Drehel is the author of "Among the Lowest of the Dead," a history of the modern death penalty.

"I would say within 20 years, absolutely," Streiker said of the end of capital punishment.

Drehel and Streiker discussed many of the issues that would contribute to such a ruling.

Public support is waning

Public support for the death penalty has been dropping since the 1990s, when a record high of 80 % of Gallup poll respondents favored capital punishment. In the most recent poll completed this month, only 61 % were in favor.

Part of this drop can be attributed to the drop in the national murder rate. "The fact that the murder rate has fallen from record highs to around record lows takes that boiling pot off the stove in a sense," said von Drehel.

The Supreme Court has the tools it needs to eliminate it

The Supreme Court already has the legal tools it would need to abolish the death penalty, according to Streiker.

"The Court has an 8th amendment doctrine that says punishments are cruel and unusual if they violate evolving standards of decency," Streiker said. "And the court looks to developments on the ground: What's happening in the world? The death penalty in America is really on life support now."

The system of carrying out executions is flawed

With botched executions in the headlines, many people are asking questions not about the constitutionality of the death penalty but about the actual logistics of carrying it out.

In some states, the process is so complicated and controversial that it is rarely used.

"What we have now is a system in which after a person is sentenced to death, the likelihood that they'll actually be executed is minuscule," von Drehel said. "There are over 750 inmates on death row in California, and there have been just 4 executions in the last 10 years. The same sort of thing is true in Florida, in Pennsylvania - it's true all across the country."

The rate of error is troubling

The risk of executing innocent people was enough to lead Illinois governor George Ryan to clear out his state's death penalty in 2003. "The facts that I have seen in reviewing each and every one of these cases raised questions not only about the innocence of people on death row, but about the fairness of the death penalty system as a whole," Gov. Ryan said at the time.

How high is the error rate?

As many as 4 % of inmates on death row are wrongly convicted, according to the 1st major study on the subject, published in 2014.

"We can't reach the level of certainty that our Supreme Court has said is necessary, and we've tried for 40 years," von Drehel said.

Source: Minnesota Public Radio, October 28, 2015


Report an error, an omission: deathpenaltynews@gmail.com
Follow us on Facebook and Twitter

Most viewed (Last 7 days)

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.