Each year, the Supreme Court hears about 200 death penalty cases. Generally, only about 18% leave death row in some other way – either by being executed or through the habeas corpus process.
Wrongful convictions are common because of false eyewitnesses, jailhouse snitches, junk science, and poor lawyer representation.
Inmates on Death Row
The lives of inmates on death row are shaped by the circumstances that bring them to this place and the crimes they commit. Often, they are poor and disproportionately black. Many have a history of mental illness. Others are convicted of violent and drug-related crimes. But what unites them is their knowledge that they will be executed, barring a miracle.
In Texas, for example, death row prisoners spend years in solitary confinement and have little contact with other inmates. Most eat alone in their cells, served meals on trays inserted through a slot in the door; those assigned to less restrictive units eat in the general prison population.
The harshness of life on death row USA is a critical issue in legal cases and appeals. Prison officials also argue that the conditions are necessary to ensure a fair trial and a timely execution.
Despite this, some states have taken steps to improve conditions. In Louisiana, for example, inmates on death row can now watch television and radio in their cells, and they are allowed to use a recreation unit shared by other condemned inmates.
Executions
At the direction of Attorney General Janet Reno, a survey and assessment of the death penalty system was completed last year. A summary of the results was published on September 12, 2000. In the vast majority of cases, prosecutors who submit a case for review recommend against seeking the death penalty. The committee considers these recommendations, and the Attorney General decides whether to seek the death penalty or not. In almost every case reviewed by the committee, the Attorney General agreed with the recommendation not to seek the death penalty.
Currently, 25 states have the death penalty, and 24 of these require that a jury decide whether the defendant should live or die. In most state courts, a hung jury results in a life sentence, even if the majority of the jurors oppose the death penalty. In contrast, federal judges can impose a death sentence if they wish.
Many people have been released from death row in recent years because of wrongful convictions based on false confessions, mental retardation, mistaken eyewitnesses, jailhouse snitches, and junk science. Despite this, some prosecutors continue to seek the death penalty in cases involving minorities and poor people. Racial bias continues to play a significant role in sentencing, as evidenced by the fact that defendants who kill white victims are more likely to be sentenced to death than those who kill black victims.
Inmates on Death Watch
The inmates on Death Watch are confined to their cells all the time except for medical reasons, exercise, social or legal visits, and media interviews. When their execution date approaches, they are moved to an area called the Death Watch Area, usually closer to the execution chamber, to facilitate a quicker exit once the warrant is signed. Death Row inmates are counted at least once an hour and are escorted by prison officials everywhere they go.
The U.S. Supreme Court stayed his most recent execution date in 2021, as well as a previous one after he argued that the prison failed to honor his request to have his Buddhist religious advisor join him in the death chamber. This was not a typical request made by Christian inmates but, instead, an attempt to avoid a possible violation of the ban on discrimination based on religion in executions.
Prosecutors on Death Row
The conditions on death row are not just harsh. They are isolating. An inmate on death row lives with the knowledge that he or she will be killed in a calculated, planned manner, barring a miracle. This knowledge has been with them every day for decades.
A September 12 report analyzed federal prosecutions for the period 1995 to 2000. The study found that in the vast majority of cases – 94% – where the U.S. Attorney recommended seeking the death penalty, the decision was not reversed by the Attorney General. It was also found that in those cases where the U.S. Attorney recommended the death penalty, White defendants were twice as likely as Black or Hispanic defendants to be offered plea agreements that resulted in the government’s withdrawal of its intent to seek the death penalty.
As a consequence, the number of death sentences in federal cases has declined in recent years. But as the Harvard report makes clear, that is less because of a shift in public opinion than because of changes in how prosecutors seek them.
As the report points out, the number of federal prosecutors specializing in capital cases and districts with their special prosecutor has increased. This makes it more critical than ever to ensure that the selection of prosecutors is based on legal skill and a commitment to justice rather than on personal and political preferences.
