Skip to main content

U.S. | After 200 death row exonerations, will we finally put an end to the death penalty?

Last week brought new evidence of crippling flaws in America’s death penalty system. The number of people exonerated and freed from death row over the last 50 years reached 200.

Such flaws appear irreparable. They remind us of the damage that capital punishment does to some of our most important legal and political values. They offer powerful reasons as to why America should end the death penalty.

Three years ago, when the number of people exonerated after receiving a death sentence reached 185, the Death Penalty Information Center said that the U.S. was experiencing what it called an “innocence epidemic.” Today, after Larry Roberts’s release from California’s death row on July 1, things have only gotten worse.

Although people who commit serious crimes deserve severe punishments, no one should tolerate a system that takes shortcuts and ends up punishing people who don’t deserve it. Unfortunately, that’s the death penalty system we have.

Traditionally, opposition to the death penalty has been expressed under several guises. Some have opposed it in the name of the sanctity of human life. Even the most heinous criminals, so this argument goes, are entitled to be treated with dignity. In this view, there is nothing that anyone can do, as former Supreme Court Justice William Brennan once argued, to forfeit their “right to have rights.” Others have emphasized the moral horror of the state willfully taking the lives of any of its citizens.

Each of these arguments represents a frontal assault on the retributivist rationale for capital punishment — the idea that killers deserve to be killed. Each puts the opponents of the death penalty on the side of society’s most despised and notorious criminals. Thus, it is unsurprising that traditional abolitionist arguments have not carried the day in the debate about capital punishment in the United States.

Whatever our views about the morality of capital punishment, the 200th death row exoneration suggests it has not been, and cannot be, administered in a manner that is compatible with our legal system’s fundamental commitments to fair and equal treatment.

Instead of being finely geared to assign punishment based on a careful assessment of the crime and the culpability of the offender, the death penalty system, as former Supreme Court Justice Harry Blackmun observed 30 years ago, “remains fraught with arbitrariness, discrimination, caprice, and mistake.”

Even worse, the system is plagued by the kind of official misconduct that resulted in the conviction and exoneration of Larry Roberts.

Roberts was convicted in 1983 for the stabbing and murder of a prisoner and correction officer at the California Medical Center in Vacaville, Calif. At the time, he was serving a life sentence for the murder of a security guard.

As the Death Penalty Information Center notes, “The only witnesses to these stabbings were fellow prisoners who testified against Mr. Roberts.” Deputy Attorney General Charles R.B. Kirk, nicknamed “Mad Dog” by his colleagues after trying more death penalty cases than any other prosecutor in the attorney general’s office, took the lead in the Roberts case. But he didn’t play by the rules.

Kirk obtained a conviction by inducing prison inmate witnesses to provide false testimony against Roberts in return for a promise of leniency and a review of their sentences. After consideration, the U.S. District Court for the Eastern District of California found that he had “suppress[ed] exculpatory evidence, suborn[ed] perjury, and presented evidence the prosecutor knew or should have known was false.” The California attorney general’s office agreed with those findings, and decided not to retry Roberts.

Another case, this time in Georgia, is similarly marked by grave prosecutorial misconduct.

Warren King was tried and sentenced to death in 1998 for the robbery of a convenience store and the murder of a store clerk. The key testimony against him was provided by his cousin, Walter Smith, who had planned the robbery and likely was the actual shooter. On the witness stand, Smith pinned the blame on King; he denied receiving any deal from the prosecution in exchange for his testimony. The prosecutor, John Johnson, also told the judge that he had made no deal with Smith.  

Only recently, when a new district attorney took over the office that had prosecuted King, did King’s lawyers get access to files that revealed the extent of the wrongdoing in his case. Those files contained evidence that Johnson had in fact secured Smith’s testimony by promising him a sentence of life with the possibility of parole.

They also included copies of Johnson’s notes showing he had intentionally excluded potential jurors from serving on the King jury based on their race and sex. At King’s trial, he had used jury strikes “to eliminate 87.5 percent of eligible Black jurors, and only 8.8 percent of the eligible white jurors, all women.” Unfortunately, such discriminatory practices persist in death cases, despite a 1976 Supreme Court case, Batson v Kentucky, that made them illegal.

One might be tempted to write off what happened to Roberts and King as a “bad apples” problem. However, prosecutorial misconduct is quite prevalent in death cases everywhere, including blue states like California and red states like Georgia.

The most common kind of misconduct occurs when a prosecutor does not turn over to the defense evidence that does not support a conviction. This is called a “Brady violation.”

According to the Legal Information Institute at Cornell University, “The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government’s possession to the defense. Brady material, or the evidence the prosecutor is required to disclose under this rule, includes any information favorable to the accused which may reduce a defendant’s potential sentence, go against the credibility of an unfavorable witness, or otherwise allow a jury to infer against the defendant’s guilt.”

One study estimates that one in 20 people sentenced to death in this country had trials where prosecutors “acted unethically.”

Death penalty cases invite prosecutorial misconduct. Robert Dunham, former executive director of the Death Penalty Information Center put it this way: “[T]hey garner a lot of public attention. There’s a lot of pressure on the prosecutor to convict and then get the harshest sentence possible…The political reward, historically, for a prosecutor has been the conviction and the sentence. And what happens after that doesn’t have political consequences.”

But it should.

The occasion of the 200th death row exoneration is a good time for Americans to look closely at capital punishment and assess whether we should continue to put up with the frequent miscarriages of justice that plague its use. Not only do those miscarriages of justice destroy the lives of their victims, they also do grave damage to the values of fairness and equal treatment that are enshrined in our Constitution.

That is a cost that the American public should no longer be willing to pay.


Source: The Hill, Austin Sarat, July 11, 2024. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. 

_____________________________________________________________________








"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)

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

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 executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Tennessee | Man set to be executed files motion claiming DNA evidence will exonerate him

MEMPHIS, Tenn. — Attorneys for death row inmate Tony Carruthers filed a motion in Shelby County Criminal Court seeking immediate DNA testing on evidence they claim will prove his innocence in a 1994 triple murder.  Carruthers is scheduled for execution on May 12. He was convicted and sentenced to death for the kidnapping and murders of 24-year-old Marcellos Anderson, 17-year-old Delois Anderson, and 21-year-old Frederick Scarborough. Prosecutors at trial alleged the victims were buried alive in a Memphis cemetery as part of a drug-related robbery.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Florida | Man avoids death penalty in Daytona Beach triple murder

Jerome Anderson shot and killed Antoine Melvin, 42, John Burch, 65, and Patrick Lassiter, 35, in 2023. A man pleaded no contest to a triple-murder in Daytona Beach and was sentenced April 20 to three consecutive life terms in prison as part of a plea deal in which he avoided a possible death sentence. Jerome Anderson, 41, was indicted on three counts of first-degree murder and possession of a firearm by a convicted felon in the 2023 triple-slaying. Anderson pleaded no contest to the three first-degree murder charges April 20 and, in exchange, Assistant State Attorney Andrew Urbanak agreed not to continue to pursue the death penalty.