The International Use of the Death Penalty: With an Emphasis on the United States

Harry R. Dammer

Chair, Criminal Justice Dept.

University of Scranton

Visiting Fulbright--Bochum, Germany

June 2009

Goals of Presentation: Current overview of international use of the

Death Penalty Overview of use of Death Penalty in the United

States, including: Brief History of Death Penalty in USA Public Opinion about Death Penalty Major Steps of Legal Process Current Issues Related to Death

Penalty

International Use of the Death Penalty In 2008, at least 2,390 people were known

to have been executed in 25 countries and at least 8,864 people were sentenced to death in 52 countries around the world.

Five countries with the highest number of executions in 2008 were China, Iran, Saudi Arabia, Pakistan and the United States of America. They account for 93 percent of total. Source: Amnesty International, April 2008

Recent Methods of Execution Beheading (Saudi Arabia) Hanging

(Bangladesh, Botswana, Egypt, Iran, Iraq, Japan, Malaysia, Pakistan, St. Kitts & Nevis, Singapore, Sudan)

Shooting (Afghanistan, Belarus, China, Indonesia, Iran, Mongolia, Viet Nam)

Lethal injection (China, USA) Stoning (Iran) Electrocution (USA)

China Said to execute three times as many as all

other countries combined. Moved in 2006 to reduce DP through new policies: Appeals in all DP cases must be heard in open court with oral

arguments allowed by defense attorneys Lethal injections to replace shootings Final approval must be reviewed

by high court

Movement Towards Abolition??

Began in 1800’s with Age of Reason and writings by Montesquieu, Voltarie, Bentham

Venezuela first to full abandon in 1863 Most recent Argentina and Uzbekistan in 2008 International Organizations have repeated moved to

reduce or abolish use of Death Penalty since founding of United Nations in 1948– most recent in 2007 when UN General Assembly called for moratorium with a goal of abolishing Death Penalty

Juvenile Abolition in almost all countries minus 4.

More on Abolition

More than two-thirds of the countries in the world have now abolished the death penalty in law or practice. The numbers are as follows: Abolitionist for all crimes: 92Abolitionist for ordinary crimes only: 10Abolitionist in practice: 36

Total abolitionist in law or practice: 138

Retentionist: 59

Countries with Executions 1980-2007

Source: http://www.amnesty.org/en/death-penalty#paneltabs-2

Why countries have moved to abolish DP?

Evolution towards a more humane/civil society Supports movement away from retribution and towards

unemotional solutions to social problems Growth of “International Community” concept No evidence that it works (Hood, 2002) Many feel it is a major step towards racial peace and

social healing

Examples: Haiti, Chile, Nicaragua, Romania, South Africa

History of Death Penalty in USA

At least 18,800 executed since year 1608 Used widely in 18th and 19th centuries Early 20th also common (3,800 between

1930 and 1967). Abolished between 1967 and 1977

More on USA and Death Penalty…

From 1977 to present: Total of 1156 with high of 98 in 1999 (35 just in TX)

Slow decline since 1999 with “only” 20 in ’07 3309 remain on Death Row 35 of 50 States and Federal Government (60

different crimes) legally have the death penalty

Why USA refuses to abolish??

High violent crime rate Long History of and high tolerance for

violence Poor race relations And most important…

Crime policy driven by politics.

People want it!

Public Opinion on Death Penalty

What do American people think about about DP? 2007 Gallup Poll says:

1. 69% of Americans were in favor of DP

2. But, number drops to 47% if given option of life without parole.

3. 63% believe that innocent people have been executed in recent years.

4. 64% believe DP is not a deterrent for murder

5. Yet, 51% feel DP is not used enough

6. Over 90% believe DNA should be used if possible

Views of DP over Seventy Years

Impact of USA refusal to Abolish Loss of respect in International community Loss of cooperation in fight against

Transnational crimes like terrorism, drug trafficking

Loss of fugitives from USA to non-DP countries Reverses trend in international law making Shows lack of respect for international law by

USA

Death Penalty Process

The legal administration of the death penalty in theUnited States is complex. It may be slightly different across the 50 states and in the Federal system. Typically, it involves these critical steps:

1. Sentencing: Two levels2. Direct Review to State or Federal Courts3. State Collateral Review4. Federal Habeas Corpus review5. Section 1983 Challenge: Civil Rights violated?6. Clemency or pardon

Current Issues Related to the Death Penalty in USA

Death penalty and legal innocence Death penalty and discrimination Death Penalty and costs Expansion of Death Penalty

Death Penalty and Legal Innocence Since 1973, 130 prisoners released from

death row after evidence proved their innocence. Around 15 were from DNA testing*

States have moved to include DNA testing whenever DP is used if possible

*Overall 213 DNA exonerations for all criminal offenses since 1973

Death Penalty and Discrimination

Percentage of blacks on Death Row equal to number in prison, and to those who commit capital offenses

But as to victims there is evidence of discriminatory pattern—white victims killed by blacks are more likely to incur DP

Costs of Death Penalty

California: Report of the California Commission on the Fair Administration of Justice “The additional cost of confining an inmate to death row, as compared to the maximum

security prisons where those sentenced to life without possibility of parole ordinarily serve their sentences, is $90,000 per year per inmate. With California’s current death row population of 670, that accounts for $63.3 million annually.”

Using conservative rough projections, the Commission estimates the annual costs of the present (death penalty) system to be $137 million per year.

The cost of the present system with reforms recommended by the Commission to ensure a fair process would be $232.7 million per year.

The cost of a system in which the number of death-eligible crimes was significantly narrowed would be $130 million per year.

The cost of a system which imposes a maximum penalty of lifetime incarceration instead of the death penalty would be $11.5 million per year.

Source: Commission on the Fair Administration of Justice, June 30, 2008.

Expansion of the Death Penalty

Federal Gov. has expanded for Terrorism related crimes since 1994. Over 60 crimes now incur DP

Including “military crimes” (Example: 6 inmates in Guantanamo).

Some states have moved to expand the DP to other crimes such as death by abuse, rape against minors, or mandatory for killing a police officer.

In 2008 (Kennedy vs. Louisiana) the Supreme Court ruled against DP for raping a minor.

Other Sources of Information:Hood, R. The Death Penalty: A World Wide

Perspective. 3rd edition, Oxford: Clarendon Press, (2002).

Banner, S. The Death Penalty. Cambridge: Harvard University Press, (2002)

Death Penalty Information Center at

http://www.deathpenaltyinfo.org/

Amnesty International at

http://www.amnesty.org/en/death-penalty

DPIC report: Millions Misspent: What Politicians Don't Say About the High Costs of the Death Penalty (updated version, 1994)

Any Comments or questions contact

Harry Dammer at

dammerh2@scranton.edu

Types of Punishments by % Deprivation of liberty - 35% Fines - 33% Control in freedom - 14% Warning - 13% Community service - 2% Corporal punishment - 1% Life sentence - <1% Other (Including Death Penalty) - 2%