Skip to main content

USA | 2023 Has Brought Mixed News for Death Penalty Abolitionists

A series of up-and-down news stories over the last few weeks show the complexity of the effort to end the death penalty in the United States. At the heart of this complexity is the simple fact that the road to abolition goes through the capitals of the remaining 28 jurisdictions which retain capital punishment.

The state-by-state battle means that a victory for abolition in one place does not ensure victory in another, nor is a defeat in one place a guarantor of the same outcome elsewhere. The journey to abolition, like other struggles for justice, is an incremental one, a series of two steps forward, one step back movements.

Developments this year in Alabama, South Carolina, Tennessee, and Ohio highlight this pattern. But first, let’s look at the national picture.

According to the Death Penalty Information Center’s execution database, there have been 18 executions this year. Five were carried out in the state of Texas, 5 in Florida, 4 in Missouri, 3 in Oklahoma, and 1 in Alabama. 7 more executions are scheduled between October 3 and the end of the year.

This suggests that 2023 will be a step back from the steady decline in executions that has occurred over the last several years. 2023’s execution total will surely surpass the 18 executions that occurred in 2022 and the 11 in 2021.

But, in one really positive development for abolitionists, Washington’s Gov. Jay Inslee signed a bill removing the death penalty from state law in April of this year, 5 years after the state supreme court declared it unconstitutional.

Of the 18 people put to death so far in 2023, 10 have been white, 6 Black, and 2 have been Latinx. In 14 of the executions, the victims of the crime for which the defendant was put to death were white.

All of 2023’s executions have been done by lethal injection. 9 of them used just 1 drug, pentobarbital. 4 others used a 3-drug protocol, with the midazolam as the 1st drug. The 5 Florida executions were done by a 3-drug protocol with etomidate as the 1st drug.

Other death penalty states continue to have difficulty obtaining lethal injection drugs and in carrying out lethal injection executions.

If we turn now to some specific examples, we see that Alabama is the most glaring instance of a place where the difficulties in carrying out lethal injections have been particularly acute. Last month, it announced its intention to try a different method in the forthcoming execution of Kenneth Smith.

It plans to employ nitrogen hypoxia, an execution method that is authorized in 2 other states (Missouri and Oklahoma) but has never actually been used. Law professor Bernard Harcourt rightly labels Alabama’s plan “a human experiment.”

Harcourt says about nitrogen hypoxia:

there are a lot of things that could go wrong. Should the mask not fit properly and oxygen seep in, the person may be left gasping in agony for air and suffer suffocation. This could result in severe brain damage rather than death. If the outflow is not properly regulated, the person will be asphyxiated by carbon dioxide. There may also be a danger of nitrogen toxicity to the people in the prison workplace or present for the executions.

As he puts it, “We do not even reserve this fate for dogs or cats.”

While Alabama wants to try out a new method of execution, last week officials in South Carolina said that they had “obtained a drug needed to carry out lethal injections and is ready to perform the state’s first execution in over 12 years.”

Corrections Director Bryan Stirling revealed that he “bought a supply of pentobarbital and the state would begin using the sedative as the only drug in its executions.”

State officials attributed their success in obtaining pentobarbital to their recently enacted Shield Statute. That law guarantees that the identity of the drug supplier for lethal injections will be kept secret.

In South Carolina, inmates are supposed to be put to death in the electric chair unless they choose lethal injection or the firing squad. But some of the people on death row filed suit claiming that dying by electrocution and being shot is a cruel and unusual punishment.

Now that the state has a supply of pentobarbital, it hopes to get on with executing the 34 people on its death row, even if the other methods are found to be unconstitutional.

Gov. Henry McMaster quickly applauded that possibility. “Justice,” McMaster said, “has been delayed for too long in South Carolina. This filing brings our state one step closer to being able to once again carry out the rule of law and bring grieving families and loved ones the closure they are rightfully owed.”

Like South Carolina, Tennessee has also recently secured a supply of pentobarbital. But unlike South Carolina, its Republican governor, Bill Lee, is in no hurry to get his state back into the execution business. Lee sees “no reason to speed up [the] process” of establishing new lethal injection protocols.

Last year, Gov. Lee commissioned an independent review of Tennessee’s lethal injection procedures. He did so after the state had to call off the execution of Oscar Smith because of a problem with its supply of lethal injection drugs.

Now, in a temporary victory for death penalty opponents, Lee says that developing a reliable lethal injection protocol is “a long process, but what I would add to that is we’re not going to take a single shortcut. We have to get it exactly right.”

He added that he believes that the state has a lot of work to do before it can finalize a protocol that is “legally appropriate” and “transparent and open.” Meantime, none of the 45 people on Tennessee’s death row faces an imminent execution date.

In his gradualist and cautious approach to restarting executions, Lee is following an example set by Ohio Governor Mike DeWitt who, three years ago, imposed an unofficial moratorium on executions in his state because of difficulties with the lethal injection protocol. All told, it has been 5 years since anyone was executed in Ohio.

Today, there seems to be considerable momentum behind abolition efforts in the state. Earlier this month, a bipartisan group of state representatives in Ohio reintroduced a bill that would abolish the death penalty in the state.

It parallels an abolition bill introduced in the Senate last March by Democratic and Republican Senators. As one of the Senate bills sponsors said “This isn’t a Republican or Democratic issue. No matter what a person’s reason for supporting this legislation, it’s critical for our own collective humanity.”

More than a third of Ohio’s state senators are now co-sponsors of the abolition bill, up from 9% who joined a similar effort a decade ago.

And according to recent surveys, this effort is supported by 59% of Ohioans who want to replace the state’s death penalty with life in prison without the possibility of parole.

Progress in Ohio, ambiguity about the situation in Tennessee, eagerness to execute in Alabama and South Carolina, together these facts indicate that so far 2023 has produced mixed results for death penalty abolitionists. All the while, what the Los Angeles Times brands “The uncivilized American institution that is the death penalty” remains in place.

“People are put to death, or not,” the newspaper argues, “based on the randomness of varying state laws and customs and the conscience of individual jurors and judges. And the courage, tardy and incomplete though it may be, of elected leaders.”

This year’s developments are a reminder, as the political theorist Michael Walzer says, that the struggle for justice is often “very slow.” Along the way we must keep moving forward even as we learn from what Walzer calls the “gradual pedagogy of successes and failures.”

Source: verdict.justia.com, Austin Sarat, September 25, 2023 . Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.

_____________________________________________________________________

Home  |  Twitter/X  |  Facebook  |  Telegram  | Contact us






"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...

Texas inmate seeks to stop looming execution after codefendant confesses to double murder

In his appeal, James Broadnax, who wants a new trial, included a signed confession by his cousin saying he committed the 2008 Garland murders. With just 42 days remaining until his scheduled execution by lethal injection on April 30, 2026, in Huntsville, Texas death row inmate James Broadnax, 37, filed a new appeal Thursday with the Texas Court of Criminal Appeals, seeking to stay the date, remand his case for a new trial, and ultimately vacate his death sentence for the 2008 capital murders of music producers Stephen Swan, 26, and Matthew Butler, 28, outside their Zion Gate Records studio in Garland. A fabricated story The appeal centers on a signed written declaration from Broadnax's cousin and codefendant, Demarius Cummings, 37—dated March 11 and obtained by media outlets in which Cummings confesses that he alone planned the June 19, 2008, robbery, obtained the pistol used in the crime, and fired the fatal shots during the botched holdup that netted only $2 in cash and a 1995 Fo...

Georgia | 11th Circuit confirms lethal injection execution for Georgia inmate wanting firing squad

In his complaint, Michael Wade Nance said his veins were so severely compromised that they were likely to blow and cause him to suffer “excruciating pain” during the execution. ATLANTA (CN) — A panel for the 11th Circuit on Thursday upheld a judge’s ruling against a death row inmate who sought an execution by a firing squad instead of lethal injection. The decision paves the way for the state’s long-awaited execution of Michael Wade Nance, who was convicted of murder and sentenced to death over 25 years ago. In a unanimous opinion, the circuit judges agreed with a federal judge’s conclusion that Nance failed to prove lethal injection was likely to cause him an unconstitutional level of pain or discomfort.

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.

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.

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.

Florida executes Michael King

Killer of stay-at-home mom whose death led to 911 reform is executed Michael King kidnapped Denise Amber Lee from her Florida home in broad daylight in 2008. If it weren't for a botched 911 call, Lee may have survived the ordeal.  Florida has executed a death row inmate for the rape and murder of a stay-at-home mom whose death exposed the vulnerabilities of the 911 system nationwide and led to reform within the industry.  Michael King, 54, was executed by lethal injection on Tuesday, March 17, for the kidnapping, rape and murder of 21-year-old Denise Amber Lee. King abducted the married mother of 2 young sons from her home in broad daylight on Jan. 17, 2008, less than an hour before Lee's husband returned from work. 

Taiwan’s Oldest Death Row Prisoner Denied Retrial by Supreme Court

TAIWAN’S OLDEST DEATH ROW prisoner, Wang Xin-fu, has been denied a retrial by the Supreme Court. This occurs despite the fact that Wang has consistently maintained his innocence and, in fact, did not commit the murders for which he is on death row. In particular, Wang was sentenced to capital punishment in 2006 over the killing of two police officers at a karaoke bar in 1990. The shooting was committed by Chen Rong-jie, who was then 19. Wang was accused of ordering the hit. It is believed that Wang’s confession of guilt was extracted through torture and intimidation.

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 ...

Alabama | Death row inmate granted clemency shares emotional message on day he was set to die

Alabama governor commuted death sentence of Charles Burton, 75, who didn't kill anyone An Alabama man who was outside a building when a man was killed in an armed robbery is looking at life as "a gift from God" after being granted clemency by the state’s governor just days before he was scheduled to be executed.  Charles "Sonny" Burton, 75, was sentenced to death for his role in the robbery of a Talladega AutoZone store that left a man dead in 1991.  While Burton left the store before Derrick DeBruce gunned down customer Doug Battle, he was tried and convicted as an accomplice, with prosecutors insisting Burton acted as the group’s leader in the armed robbery.