Skip to main content

Arizona Takes a Step Toward Abolishing the Death Penalty

Sometimes progress in the fight to end the death penalty comes in bold gestures: a legislature passes an abolition bill, or a governor orders the dismantling of death row. Other times, even small steps can signal a real change in the situation of capital punishment in this country.

On January 20, newly installed Arizona Governor Katie Hobbs took such a step when she issued an executive order directing an independent commissioner to review certain aspects of the death penalty process in her state. She joined the governors of Alabama, Ohio, and Tennessee, each of whom has ordered similar reviews in their states.

Attorney General Kris Mayes, another of the state’s newly elected Democrats, quickly followed up on the governor’s action. First, she withdrew a pending request that had been filed by her predecessor for the state supreme court to set an execution date in the case of Aaron Gunches.

Mayes also announced that she would not seek new death warrants while the death penalty review was being conducted.

Gov. Hobbs’s executive order is narrowly tailored. It did not launch a stem-to-stern inquiry into the issues of racism, unreliability, or the costliness of the death penalty. And neither Hobbs nor Mayes has said anything suggesting a principled objection to state killing.

In fact, the governor told the press that her own views about the death penalty had nothing to do with her decision to launch an investigation. She simply wanted to ensure “if we are conducting executions, that they are done as humanely and transparently and as consistently with the law as possible.”

Yet the significance of what has just happened in Arizona for the movement to end capital punishment should not be underestimated.

The investigation that Hobbs launched is important because it will examine aspects of the execution protocols and procedures that happen behind closed doors: the death penalty thrives in secrecy. It tends to wither when the cruelty of any part of its day-to-day operations is brought to light.

As for Mayes’s decision to pause executions, once they are halted, it may be very hard to restart them. People get used to living without them, and they see that the death penalty does nothing to make them safer.

The statements made in Hobbs’s executive order and the way abolitionists reacted to it also tell us important things about where we are on the road to abolition.

First, the governor publicly acknowledged that her state “has a history of executions that have resulted in serious questions about… (its) execution protocols and lack of transparency.”

The most notorious occurred in 2014 when Arizona put Joseph Wood to death. His execution became a gruesome spectacle. Wood was injected 15 times with the drugs midazolam and hydromorphone, many more times than what should have been necessary. He gasped for air for two hours before he finally died.

The governor’s acknowledgment of her state’s history of botched executions is a welcome contrast with what state officials generally say when things go wrong in the death chamber.

Typical is the statement of Arizona’s Corrections Director Charles Ryan said after the Woods fiasco. “Media reports, some of which were made prior to any information officially being released on the day of the execution,” he said, “reached the premature and erroneous conclusion that the execution was ‘botched.’”

“This is pure conjecture,” Ryan continued, “because there is no medical or forensic evidence to date that supports that conclusion. In fact, the evidence gathered thus far supports the opposite.”

Hobbs’s executive order makes clear that far more than conjecture supports that the Woods execution was botched.

It also highlighted the failures of Arizona’s Department of Corrections Rehabilitation and Reentry (ADCRR), which is responsible for carrying out executions. That department, she said, needs “better oversight, accountability, and transparency” and to follow what she labeled “clear and legal procedures.”

Hobbs said that the review she was launching would examine “the ADCRR’s lethal injection drug and gas chamber chemical procurement process, execution protocols, and staffing considerations including training and experience.”

She charged the review commissioner to report on “the State’s procurement of lethal injection drugs, including but not limited to the source of the drugs, the cost to the State, and any considerations about the drugs such as composition and expiration.”

Because Arizona authorizes the gas chamber as an alternative method of execution, Hobbs said that the review should also include “The State’s procurement of gas chamber chemicals, including but not limited to the source of the chemicals, the cost to the State, and the composition of the chemicals.”

Finally, the governor singled out for study “ADCRR procedures and protocols for conducting an execution by gas chamber and by lethal injection, including but not limited to setting lines for a lethal injection, transparency, and media access, access to legal counsel for the inmate, and contingency planning; and Staffing considerations, including but not limited to training, staffing plans to conduct executions, and staff background and experience for administering an execution.”

The governor’s announcement drew mixed reviews, even among people who oppose the death penalty. Some welcomed it as a stark departure from her predecessors’ indifference to the death penalty’s problems. But others worried that the charge to the investigation did not go far enough.

Dale Baich, who once served as chief of the Arizona federal defender’s capital habeas unit, told the Associated Press, “These problems go back more than a decade. The department of corrections, the governor and the attorney general (in past administrations) ignored the issues and refused to take a careful look at the problems. Gov. Hobbs and Attorney General Mayes should be commended for taking this matter seriously.”

Laura Conover, a death penalty abolitionist who is now the district attorney in Arizona’s second-largest county, also applauded the governor and attorney general, but said that the investigation and review should be more comprehensive.

Arizona’s Daily Independent quotes her as saying that “The flaws in the death penalty are at the get-go.”

Conover was disappointed that the governor’s study did not go beyond what is causing botched executions. She argued that urgent attention needs to be paid to other issues, in particular to “how decisions are made about which cases prosecutors seek the death penalty and whether there are biases in both that decision and the ability of all defendants to get equal treatment, including by the juries who make the ultimate decision of life or death.”

Governor Hobbs responded to Conover’s concerns by saying, “That’s certainly a conversation worth having.” She promised that, in the future, she “certainly would be willing to entertain further action on the broader issue of the whole process.”

Given the well-documented problems of arbitrariness and discrimination in the administration of capital punishment in Arizona and elsewhere, further action is certainly warranted.

Meantime, we should recognize that every step toward transparency, even a narrowly tailored investigation of the kind Hobbs ordered, is a step on the road to abolition.

What Supreme Court Justice Thurgood Marshall said more than fifty years ago is still true today. The more the American people know about “the facts…regarding capital punishment,” Marshall explained, the more likely they are to “find it shocking to… (the) conscience and sense of justice.”

Source: verdict.justia.com, Austin Sarat, January 27, 2023. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Views expressed do not represent Amherst College.





🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.




Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Florida Supreme Court halts execution of police officer convicted of raping, murdering girl

STARKE, Fla. (AP) — The execution of a former Florida police officer convicted of raping and murdering an 11-year-old girl was temporarily halted Thursday by the Florida Supreme Court. The court issued a stay in execution for 68-year-old James Aren Duckett, who was scheduled to receive a three-drug injection Tuesday at Florida State Prison near Starke. Duckett was sentenced to death in 1988 after being convicted of first-degree murder and sexual battery.

Arizona | Death Row Inmate Challenges Execution Warrant, Citing 2025 Cyberattack and Protocol Failures

Leroy Dean McGill was sentenced to death for a 2002 gasoline attack in North Phoenix against a couple, Charles Perez and Nova Banta. PHOENIX — Attorneys for Arizona death row inmate Leroy Dean McGill have formally challenged the state’s attempt to secure an execution warrant, citing a catastrophic 2025 cyberattack and a long history of troubled lethal injection protocols. The challenge comes as Arizona seeks to resume capital punishment following a year-long hiatus. If the Arizona Supreme Court grants the state’s request, McGill would become the first person executed in the state since 2024.

Faith Leaders, Advocates Plan Protests Against Firms Tied to Idaho Execution Chamber Project

BOISE, Idaho — Faith leaders, community advocates and relatives of a person executed by firing squad are joining national advocacy groups to protest firms involved in constructing Idaho’s execution chamber, as states increasingly turn to alternative methods amid lethal injection drug shortages. Due to the refusal of pharmaceutical companies, especially in the past decade, many states have had to find alternative methods because of extensive shortages of lethal injection drugs. Further, this has led the state of Idaho to pass legislation authorizing execution by firing squad, which is one of the most aggressive among alternative methods.

Pentobarbital Sodium Is Used to End Suffering — and Also to Execute People. The Debate Is Getting Louder.

In a prison in Arizona, a tiny vial is kept in a refrigerator. Or there was—the precise state of what’s inside is still up for debate. The contents may have expired, according to a retired judge looking into the state’s execution procedures. They would not expire, according to prison officials. This could not be independently verified by anyone outside the prison. Pentobarbital sodium is the drug in question, and the fact that its storage conditions in a correctional facility are now the focus of legal investigation indicates how far this specific compound has deviated from its intended use.

Iranian Gay Activist: "They Forced Me to Watch Executions So I Would Know How Mine Would Be"

Iranian LGBT activist now living as a refugee in Spain. He was sentenced to death by the ayatollah regime for being homosexual and for his support campaign for the community. "The enemy was already at home," he says about the current war In 11 countries around the world, homosexuality is punishable by death - it is criminalized in almost 70 countries. One of them is the Islamic Republic of Iran, from where Ramtin Zigorat (Tabriz, 1988) managed to escape after avoiding a death sentence and enduring the worst tortures. He has been living as a refugee in Spain for six and a half years. Question . His life, his testimony, can help us better understand what the Iranian Islamist regime is. I believe that until adolescence, you did not fully understand that you were homosexual.

Israel passes death penalty law for terrorists convicted of deadly attacks

JERUSALEM (AP) — Israel’s parliament on Monday passed a law approving the death penalty for Palestinians convicted of murdering Israelis, a measure that has been harshly condemned by the international community and rights groups as discriminatory and inhumane. The passage of the bill marked the culmination of a years-long drive by the far-right to escalate punishment for Palestinians convicted of nationalistic offenses against Israelis. Prime Minister Benjamin Netanyahu came to the Knesset to vote for the bill in person. The law makes the death penalty — by hanging — the default punishment for West Bank Palestinians convicted of nationalistic killings. It also gives Israeli courts the option of imposing the death penalty on Israeli citizens convicted on similar charges — language that legal experts say effectively confines those who can be sentenced to death to Palestinian citizens of Israel and excludes Jewish citizens.

Once Nevada’s youngest on death row, double murderer paroled as victims’ family claims silence from state

LAS VEGAS — A man who once stood as the youngest person on Nevada’s death row has officially transitioned from a life behind bars to a life under supervision, following his release from High Desert State Prison last month. Edward Michael Domingues, 49, was released on parole on Feb. 13, 2026. His freedom marks the end of 32 consecutive years of incarceration for the 1993 murders of Arjin Chanel Pechpho and her 4-year-old son, Jonathan Smith. Since his release, the case has ignited a renewed debate over Nevada’s victim notification systems. Tawin Eshelman, the mother and grandmother of the victims, confirmed that the family was never formally notified of the parole hearing that led to Domingues' freedom.

Sonia Sotomayor Warns That Texas May Execute an Innocent Man

Law is, as legal scholars and commentators have long recognized , both a refuge for those seeking to escape abuses of power and a trap in which their claims of justice get lost in a maze of statutory intricacies. Nowhere has this been more clearly on display than in the world of capital punishment. Over the span of half a century, the Supreme Court has gone from championing the rights of capital defendants and death row inmates to deflecting and denying their pursuit of justice. Where once the court carefully scrutinized procedures used in death cases, insisting that they had to conform to the dictates of so-called super due process , today it has made the due process accorded in those cases not super at all .

Texas: Dexter Darnell Johnson to die on August 15; Larry Ray Swearingen on August 21

Dexter Darnell Johnson's execution is scheduled to occur at 6 pm CDT, on Thursday, August 15, 2019, at the Walls Unit of the Huntsville State Penitentiary in Huntsville, Texas.  31-year-old Dexter is convicted of the murder of 23-year-old Maria Aparece and 17-year-old Huy Ngo on June 18, 2006, in Houston, Texas.  Dexter has spent the last 11 years of his life on Texas’ death row. Dexter was born and raised in Texas. He dropped out of school following the 9th grade. During the early morning hours of June 18, 2006, Dexter Johnson and 4 of his friends, Ashley Ervin, Louis Ervin, Keithron Fields, and Timothy Randle, were driving around in Ashley’s car, looking for someone to rob. The group discovered Maria Aparece and Huy Ngo siting in Maria’s vehicle on the street. Johnson took a shot gun and stood outside the driver’s side door, threatening to shoot Maria if she did not cooperate. Johnson demanded she open the door, and when she did, he threw her into the ...