Philippine Standard Time
Monday, June 10, 2019, 2:18:54AM

In Defense of the Right to Life: International Law and Death Penalty in the Philippines

A study by the Commission on Human Rights of the Philippines and Dr. Christopher Ward, SC, Australian Bar, Adjunct Professor, Australian National University

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Zimbabwe Considers Abolishing Death Penalty
Human Rights Watch | https://www.hrw.org/news/2024/02/15/zimbabwe-considers-abolishing-death-penalty, February 15, 2024
Death penalty incompatible with right to life
OHCHR | https://www.ohchr.org/en/stories/2024/01/death-penalty-incompatible-right-life, January 31, 2024
Debunking narratives for a return of the death penalty
WCADP | https://worldcoalition.org/2023/11/13/debunking-narratives-for-a-return-of-death-penalty/, November 13, 2023
Jury in Pittsburgh synagogue trial to begin deliberating death penalty
The New York Times | https://www.nytimes.com/2023/07/31/us/pittsburgh-synagogue-deliberations-death-penalty.html, July 31, 2023
Singapore executes a woman for first time in almost two decades
The Guardian | https://www.theguardian.com/world/2023/jul/28/singapore-woman-execute-death-penalty-saridewi-djamani-executed, July 28, 2023
Ghana votes to remove death penalty, calling it sign of ‘inhumane’ society
The Washington Post | https://www.washingtonpost.com/world/2023/07/26/ghana-parliament-abolish-death-penalty/, July 26, 2023
Comment by UN High Commissioner for Human Rights Volker Türk after Ghana’s Parliament votes to abolish death penalty
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, July 26, 2023
Parents in South Korea who kill newborns now face death penalty after law passed
The Straits Times | https://www.straitstimes.com/asia/east-asia/south-korea-parents-who-kill-newborns-now-face-death-penalty-after-law-passed, July 19, 2023
Capitol Hill Democrats introduce bill to end federal death penalty
Catholic News Agency | https://www.catholicnewsagency.com/news/254839/capitol-hill-democrats-introduce-bill-to-end-federal-death-penalty, July 19, 2023
North Koreans risk death penalty for using South Korean language
Scottish Legal News | https://www.scottishlegal.com/articles/north-koreans-risk-death-penalty-for-using-south-korean-language, June 30, 2023
Arizona Man Is Freed After 28 Years on Death Row
New York Times | https://www.nytimes.com/2023/06/16/us/arizona-barry-jones-conviction-overturned.html, June 16, 2023
Two Australians facing death penalty in Vietnam granted clemency
Al Jazeera | https://www.aljazeera.com/news/2023/6/6/two-australians-facing-death-penalty-in-vietnam-granted-clemency, June 06, 2023
Japanese Supreme Court upholds mans death sentence for Manila murders
The Japan Times | https://www.japantimes.co.jp/news/2023/06/05/national/crime-legal/toshihiko-iwama-supreme-court-sentence-upheld/, June 05, 2023
Zimbabwe’s new bill that imposes death penalty for ‘unpatriotic acts’
Africa Feeds | https://africafeeds.com/2023/06/01/zimbabwes-new-bill-that-imposes-death-penalty-for-unpatriotic-acts/, June 01, 2023
Iran hangs three on drug charges amid criticism
Al Jazeera | https://www.aljazeera.com/news/2023/5/21/iran-hangs-three-on-drug-charges-amid-criticism, May 21, 2023
Singapore: OHCHR calls on authorities to halt imminent trafficking execution
United Nation News | https://news.un.org/en/story/2023/04/1136022, April 25, 2023
Washington state eliminates death penalty from law
CNN | https://edition.cnn.com/2023/04/21/politics/washington-state-death-penalty-eliminated/index.html, April 21, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
Malaysia ends mandatory death penalty for serious crimes
BBC News | https://www.bbc.com/news/world-asia-65160091, April 03, 2023
Surge in executions of drug offenders in 2022, more on death row
Al Jazeera | https://www.aljazeera.com/news/2023/3/16/surge-in-executions-of-drug-offenders-in-2022-more-on-death-row, March 16, 2023
Pope condemns Irans use of death penalty against protesters
Reuters | https://www.reuters.com/world/europe/pope-says-wars-like-that-ukraine-are-crime-against-god-humanity-2023-01-09/, January 09, 2023
Pope Francis’ prayer intention for September: ‘Abolition of the death penalty’
CBCP News | https://cbcpnews.net/cbcpnews/pope-francis-prayer-intention-for-september-abolition-of-the-death-penalty/?fbclid=IwAR3iULIPLvQJPPcXrjjp6IieOYM5V_6sHPMu36rdXbereY7Aqe2N9k07YzA, September 01, 2022
Singapore executes two drug traffickers despite pleas for clemency
CNN | https://edition.cnn.com/2022/07/07/asia/singapore-executions-kalwant-singh-intl-hnk/index.html, July 07, 2022
Malaysia to abolish mandatory death penalty
Al Jazeera | https://www.aljazeera.com/news/2022/6/10/malaysia-to-abolish-mandatory-death-penalty, June 10, 2022
Missionary priest praises Central African Republic for abolishing death penalty
Crux | https://cruxnow.com/church-in-africa/2022/06/missionary-priest-praises-central-african-republic-for-abolishing-death-penalty, June 02, 2022
Saudi Arabia: Release Abdullah al-Howaiti, revoke death sentence
Un News | https://news.un.org/en/story/2022/05/1119392, May 31, 2022
Rights office welcomes Zambia’s pledge to abolish the death penalty
UN News | https://news.un.org/en/story/2022/05/1119282, May 22, 2022
Kazakhstan Finalizes Commitment to Abolishing Death Penalty, Submits Ratification of Protocol to UN
The Astana Times | https://astanatimes.com/2022/03/kazakhstan-finalizes-commitment-to-abolishing-death-penalty-submits-ratification-of-protocol-to-un/, March 28, 2022
Papua New Guinea abolishes death penalty
JURIST | https://www.jurist.org/news/2022/01/papua-new-guinea-abolishes-death-penalty/, January 24, 2022
‘Just Mercy’ author urges Utah Legislature to abolish death penalty
Deseret News | https://www.deseret.com/utah/2022/1/19/22891315/utah-abolish-death-penalty-bryan-stevenson-just-mercy-capital-punishment-execution-ron-lafferty, January 20, 2022
Macron calls for worldwide end to death penalty on 40th anniversary of French abolition
France 24 | https://www.france24.com/en/france/20211009-live-macron-marks-40-years-since-france-s-abolition-of-the-death-penalty, September 10, 2021
Virginia Becomes First Southern State to Abolish the Death Penalty
The New York Times | https://www.nytimes.com/2021/03/24/us/politics/virginia-death-penalty.html, March 24, 2021
Death penalty debate reemerges in Nevada after past stalls
Fox 5 (Las Vegas) | https://www.fox5vegas.com/election_hq/death-penalty-debate-reemerges-in-nevada-after-past-stalls/article_0688f6c2-8cf7-11eb-92c9-87b29a7fff72.html, March 24, 2021
Virginia becomes first state in US south to abolish death penalty
ALJAZEERA | https://www.aljazeera.com/news/2021/3/24/virginia-becomes-first-southern-state-to-end-death-penalty, March 24, 2021
Abolish the federal death penalty
Chicago Sun-times | https://chicago.suntimes.com/2021/3/1/22308151/federal-death-penalty-abolish-illinois-editorial, March 01, 2021
Family members of murder victims speak out against the death penalty
KPVI News 6 | https://www.kpvi.com/news/local_news/family-members-of-murder-victims-speak-out-against-the-death-penalty/article_a277f95a-7b0b-11eb-b0db-e71c026bc980.html, March 01, 2021
Bill To Repeal Death Penalty Filed In Wyoming Legislature
Kgab | https://kgab.com/bill-to-repeal-death-penalty-filed-in-wyoming-legislature/, March 01, 2021
State Senate Votes to Abolish Death Penalty
Newsradio 1140 WRVA | https://www.radio.com/newsradiowrva/articles/local/state-senate-votes-to-abolish-death-penalty, February 04, 2021
Trump administration carries out 13th, final federal execution
Aljazeera | https://www.aljazeera.com/news/2021/1/16/trump-administration-carries-out-13th-final-federal-execution, January 16, 2021
A federal judge has granted a stay of execution for the only woman on federal death row pending a competency hearing
CNN | https://edition.cnn.com/2021/01/12/us/lisa-montgomery-execution-stayed/index.html, January 12, 2021
Asian Nations Reject UN Vote Against Death Penalty
Human Rights Watch | https://www.hrw.org/news/2020/11/25/asian-nations-reject-un-vote-against-death-penalty, November 24, 2020
Holy See: ‘Death penalty the most shocking thing in the world
Vatican News | https://www.vaticannews.va/en.html, October 10, 2020
Tunisia president calls for return of death penalty following brutal killing
The Guardian | https://www.theguardian.com/global-development/2020/oct/01/tunisia-president-calls-for-return-of-death-penalty-following-brutal-killing, October 01, 2020
Kazakhstan takes important step towards abolishing death penalty
Amnesty Internatonal | https://www.amnesty.org/en/latest/news/2020/09/kazakhstan-takes-important-step-towards-abolishing-death-penalty/, September 24, 2020
US Bishops stress opposition to death penalty
Independent Catholic News | https://www.indcatholicnews.com/news/40518, September 23, 2020
‘Travesty of justice’: Reaction to execution of Iranian wrestler
Aljazeera | https://www.aljazeera.com/news/2020/9/14/travesty-of-justice-reaction-to-execution-of-iranian-wrestler, September 14, 2020
Unpacking public opinion on the death penalty
Asia Pacific Forum | https://www.asiapacificforum.net/news/unpacking-public-opinion-death-penalty/?fbclid=IwAR1nZrobPsNYhxX0OPAMarJzD5XNqcgpYDWN26O7NXkr4ZomfUPk5jiGhvI, July 28, 2020
The Florida Supreme Court’s U-turn on the death penalty
Tampa Bay Times | https://www.tampabay.com/opinion/2020/05/27/the-florida-supreme-courts-u-turn-on-the-death-penalty-editorial/, May 28, 2020
Man sentenced to death in Singapore via Zoom
BBC News | https://www.bbc.com/news/technology-52739676, May 20, 2020
Saudi Arabia ends death penalty for crimes committed by minors
The Guardian | https://www.theguardian.com/world/2020/apr/27/saudi-arabia-ends-death-penalty-for-minors, April 27, 2020
Catholic leaders praise abolition of death penalty in Colorado
CRUX | https://cruxnow.com/church-in-the-usa/2020/03/catholic-leaders-praise-abolition-of-death-penalty-in-colorado/, March 25, 2020
Colorado Abolishes Death Penalty and Commutes Sentences of Death Row Inmates
The New York Times | https://www.nytimes.com/2020/03/23/us/colorado-death-penalty-repeal.html, March 23, 2020
UK urged to act over men facing death in Egypt for alleged childhood crimes
The Guardian | https://www.theguardian.com/global-development/2020/mar/08/uk-urged-to-act-over-men-facing-death-in-egypt-for-alleged-childhood-crimes, March 08, 2020
Berlin International Film Festival: Iranian film about executions wins top prize
BBC | https://www.bbc.com/news/world-middle-east-51693417, February 29, 2020
Trump condemned after claiming very powerful death penalty would reduce drug dealing
The Independent | https://www.independent.co.uk/news/world/americas/us-politics/trump-drug-death-penalty-china-crime-white-house-a9328356.html, February 11, 2020
Outsourcing injustice: Guantanamo on the Euphrates
Al Jazeera News | https://www.aljazeera.com/indepth/opinion/outsourcing-injustice-guantanamo-euphrates-200203105251830.html, February 04, 2020
British Isis prisoners may end up in Iraq, where death sentences are handed down without due process
Independent | https://www.independent.co.uk/news/world/middle-east/isis-iraq-international-law-prisoner-deaths-trial-a9311556.html, February 02, 2020
Saudi Arabia executed record number of prisoners in 2019: Report
ABC News | https://abcnews.go.com/International/saudi-arabia-executed-record-number-prisoners-2019-report/story?id=68250502, January 14, 2020
Death Sentence Overturned for Pervez Musharraf, Ex-Leader of Pakistan
The New York Times | https://www.nytimes.com/2020/01/13/world/asia/pervez-musharraf-pakistan-death-sentence.html, January 13, 2020
Japan executes foreigner for first time in a decade
Independent | https://www.independent.co.uk/news/world/asia/first-foreigner-execution-decade-japan-wei-wei-china-a9260671.html, December 26, 2019
The Khashoggi verdict is exactly what impunity looks like. It must be denounced.
Agnes Callamard, Opinions, Washington Post | https://www.washingtonpost.com/opinions/the-khashoggi-verdict-is-exactly-what-impunity-looks-like-it-must-be-denounced/2019/12/23/60b5226c-25cc-11ea-ad73-2, December 24, 2019
5 foreigners in drug case could face death in Indonesia
Inquirer.net | https://newsinfo.inquirer.net/1202995/5-foreigners-in-drug-case-could-face-death-in-indonesia?utm_medium=Social&utm_source=Facebook#Echobox=1576715552, December 18, 2019
Pervez Musharraf: Pakistan ex-leader sentenced to death for treason
BBC News | https://www.bbc.com/news/world-asia-50819772, December 17, 2019
Botswana urged to abolish death penalty after latest execution
The Guardian | https://www.theguardian.com/global-development/2019/dec/09/botswana-urged-to-abolish-death-penalty-after-latest-execution, December 09, 2019
I Oversaw Executions. We Cannot Resume the Federal Death Penalty
New York Times | https://www.nytimes.com/2019/12/04/opinion/federal-death-penalty-execution.html, December 04, 2019
Americans Now Support Life in Prison Over Death Penalty
Gallup News | https://news.gallup.com/poll/268514/americans-support-life-prison-death-penalty.aspx, November 25, 2019
UN criticizes Irans use of death penalty against minors
DW | https://www.dw.com/en/un-criticizes-irans-use-of-death-penalty-against-minors/a-50959211, October 24, 2019
The Death Penalty for Drugs: What Public Opinion Surveys in Asia Teach Us
Giada Girelli, Filter Mag | https://filtermag.org/death-penalty-drugs-public-opinion-asia/, October 17, 2019
Malaysia: Unfair trials, secretive hangings and petty drug convictions reveal ‘cruel injustice’ of the death penalty
Amnesty International | https://www.amnesty.org/en/latest/news/2019/10/malaysia-unfair-trials-secretive-hangings-petty-drug-convictions-cruel-injustice-death-penalty/, October 10, 2019
Against the death penalty: barrister Julian McMahon
ABC Radio | https://www.abc.net.au/radio/programs/conversations/julian-mcmahon-against-capital-punishment/11323694, July 25, 2019
Malaysia’s repeal of death penalty opens deep wounds, including that of Mongolian model murder
The Independent|http://theindependent.sg/malaysias-repeal-of-death-penalty-opens-deep-wounds-including-that-of-mongolian-model-murder/, July 09, 2019
Why is Sri Lanka reinstating death penalty?
DW|https://www.dw.com/en/why-is-sri-lanka-reinstating-death-penalty/a-49469184, July 07, 2019
Debate on death penalty not very vigorous 1 year after Aum executions
Japan Today|https://japantoday.com/category/crime/Debate-on-death-penalty-not-very-vigorous-1-year-after-AUM-executions, July 06, 2019
Prosecutor won’t seek death penalty in death of grandmother
News 4 Tucson|https://kvoa.com/news/2019/07/06/prosecutor-wont-seek-death-penalty-in-death-of-grandmother-2/, July 06, 2019
SC issues Interim Order against death penalty
Daily FT|http://www.ft.lk/top-story/SC-issues-Interim-Order-against-death-penalty/26-681423, July 06, 2019
Latter-day Saint Church defends involvement in death penalty case
Fox13 Salt Lake City|https://fox13now.com/2019/07/06/latter-day-saint-church-defends-involvement-in-death-penalty-case/, July 06, 2019
Death penalty debate remains muted in Japan 1 year after AUM executions
Kyodo News|https://english.kyodonews.net/news/2019/07/ac82c329cc50-debate-on-death-penalty-not-spirited-1-year-after-aum-executions.html, July 05, 2019
Source: Govt will not table Bill to abolish death penalty this Parliament meeting
The Star|https://www.thestar.com.my/news/nation/2019/07/05/source-govt-will-not-table-bill-to-abolish-death-penalty-this-parliament-meeting/#AutEm2wGijJmcWeJ.99, July 05, 2019
The murder was caught on surveillance video. The accused now faces death if convicted
Miami Herald|https://www.miamiherald.com/news/local/crime/article232314222.html, July 05, 2019
Sri Lanka- Supreme Court issues interim order against death penalty
MenaFN|https://menafn.com/1098726786/Sri-Lanka-Supreme-Court-issues-interim-order-against-death-penalty, July 05, 2019
Jury to consider death penalty in Chinese scholar killing
Federal News Network|https://federalnewsnetwork.com/u-s-news/2019/07/jury-to-consider-death-penalty-in-chinese-scholar-killing/, July 05, 2019
As Malaysia eyes death penalty repeal, Al Jazeera documentary explores dilemma of capital punishment
Malay Mail|https://www.malaymail.com/news/malaysia/2019/07/04/as-malaysia-eyes-death-penalty-repeal-al-jazeera-documentary-explores-dilem/1768271, July 04, 2019
Kentucky judge declares death penalty protocol unconstitutional
Crux Now|https://cruxnow.com/church-in-the-usa/2019/07/04/kentucky-judge-declares-death-penalty-protocol-unconstitutional/, July 04, 2019
Jose Martinez, The Hit Man Who Confessed To Killing Three Dozen People, Avoids The Death Penalty
BuzzFeed News|https://www.buzzfeednews.com/article/jessicagarrison/jose-martinez-the-hitman-who-confessed-to-killing-three, July 03, 2019
Merced County DA is seeking the death penalty. And it could get costly, experts say
The Merced Sunstar|https://www.mercedsunstar.com/news/local/crime/article232240867.html, July 03, 2019
Activists Hold Annual Fast Outside Supreme Court to Protest Death Penalty
Spektrum News|https://spectrumnews1.com/ky/lexington/news/2019/07/02/death-penalty-protest-in-washington, July 02, 2019
Kentucky judge declares states death penalty protocol unconstitutional
The Courier Journal|https://www.courier-journal.com/story/news/2019/07/02/death-penalty-protocol-struck-down-kentucky-judge/1634299001/, July 02, 2019
Lawmakers vote to substantially limit Oregon’s death penalty
Oregon Live|https://www.oregonlive.com/politics/2019/06/lawmakers-vote-to-substantially-limit-oregons-death-penalty.html, June 29, 2019
Abolish the Death Penalty?
New York Times|https://www.nytimes.com/2019/06/22/opinion/letters/death-penalty.html, June 22, 2019
GEORGIA PREPARES TO CARRY OUT THE 1,500TH EXECUTION IN THE U.S. SINCE 1976
The Intercept|https://theintercept.com/2019/06/18/georgia-execution-death-row/, June 18, 2019
In Los Angeles, only people of color are sentenced to death
The Guardian|https://www.theguardian.com/us-news/2019/jun/18/los-angeles-death-penalty-sentences-jackie-lacey, June 18, 2019
Debunking the Court’s Latest Death-Penalty Obsession
The Atlantic|https://www.theatlantic.com/ideas/archive/2019/06/supreme-court-defends-death-penalty-again/591682/, June 17, 2019
Poll finds Californians support the death penalty — and Newsom’s moratorium on executions
The LA Times|https://www.latimes.com/politics/la-pol-ca-california-death-penalty-poll-20190617-story.html, June 17, 2019
Using Saudi death penalty vs. children is barbaric
CNN|https://edition.cnn.com/2019/06/17/opinions/saudi-death-penalty-children-murtaja-qureiris-coogle/index.html, June 17, 2019
Reader reluctantly accepts governor’s death penalty moratorium
The LA Times|https://www.latimes.com/socal/burbank-leader/opinion/tn-blr-me-letters-to-the-editor-20190614-story.html, June 14, 2019
Saudi Teenager Faces Death Sentence for Acts When He Was 10
New York Times|https://www.nytimes.com/2019/06/09/world/middleeast/saudi-teenager-death-sentence.html, June 09, 2019
GOP Lawmakers Are Quietly Turning Against the Death Penalty
The Atlantic|https://www.theatlantic.com/politics/archive/2019/06/new-hampshire-helped-abolish-death-penalty/590803/, June 07, 2019
Death knell: taking a stand to abolish capital punishment
Monash University | https://lens.monash.edu/@politics-society/2019/02/26/1373504/fighting-to-abolish-capital-punishment, February 26, 2019
Germany abolishes death penalty in public vote
Independent | https://www.independent.co.uk/news/world/europe/germany-abolishes-death-penalty-hesse-state-capital-punishment-vote-referendum-a8645036.html, November 21, 2018
Pope Francis: ‘death penalty inadmissable’
Vatican News | https://www.vaticannews.va/en/pope/news/2018-08/pope-francis-cdf-ccc-death-penalty-revision-ladaria.html, August 02, 2018
One Test Could Exonerate Him. Why Wont California Do It?
The New York Times|https://www.nytimes.com/2019/06/14/opinion/sunday/death-penalty.html, May 17, 2018

USA

I Oversaw Executions. We Cannot Resume the Federal Death Penalty

December 04, 2019, New York Times

I have seen the death penalty up close. During my years as Ohio’s Republican attorney general, I oversaw 18 executions. Before that, I helped write the state’s death penalty law as a legislator. I’ve heard all the justifications — deterrence, support for victims, cost savings. And I know now they are all wrong, and those misguided arguments act as a smoke screen for the profound flaws that mark capital punishment.

Thus, where I once urged jurors and judges to impose or uphold death sentences, I now recognize a stark truth: The death penalty is a failed policy.

This is as true for the federal death penalty system as it is in Ohio and other states. That is why I have called on the Trump administration to stop the executions planned for Dec. 9 for five men, the first federal executions in 16 years. I am joined by hundreds of former and current state and federal prosecutors, former judges, correctional officials and people who lost loved ones to homicide.

On Monday, though, the administration asked the Supreme Court to allow those executions by lethal injection to proceed, arguing that it should overturn a lower court order putting a hold on them so the prisoners could challenge execution procedures.

I have seen the death penalty up close. During my years as Ohio’s Republican attorney general, I oversaw 18 executions. Before that, I helped write the state’s death penalty law as a legislator. I’ve heard all the justifications — deterrence, support for victims, cost savings. And I know now they are all wrong, and those misguided arguments act as a smoke screen for the profound flaws that mark capital punishment.

Thus, where I once urged jurors and judges to impose or uphold death sentences, I now recognize a stark truth: The death penalty is a failed policy.

This is as true for the federal death penalty system as it is in Ohio and other states. That is why I have called on the Trump administration to stop the executions planned for Dec. 9 for five men, the first federal executions in 16 years. I am joined by hundreds of former and current state and federal prosecutors, former judges, correctional officials and people who lost loved ones to homicide.

On Monday, though, the administration asked the Supreme Court to allow those executions by lethal injection to proceed, arguing that it should overturn a lower court order putting a hold on them so the prisoners could challenge execution procedures.

Mr. Lee’s case is not the only one in which a co-defendant received a life sentence, nor is his the only case in which the victim’s family opposes execution. And in virtually every case, the lawyers representing these men during their federal trials failed to present important and available evidence about their traumatic upbringings that might have compelled at least one juror to vote for a life sentence.

Many of us who oppose the resumption of federal executions support the death penalty and many don’t. Some of our concerns stem from the recognition that there is a widespread misconception that the federal death penalty is some sort of “gold standard” with a rigorous, careful process producing evenhanded justice for crimes affecting our national interests, such as terrorism and espionage. This is false: only one federal inmate is under a death sentence for a terrorism offense, and none for espionage or treason.

In fact, every inmate on federal death row could have been prosecuted in state court, and some were already serving long state prison terms for the same homicide for which they received a federal death sentence. Others, including one of those set for execution, are on federal death row for homicides associated with a carjacking, in which the only federal connection was the involvement of a car that touched interstate commerce. These cases fall squarely within the federal death penalty law, but they hardly establish uniquely federal interests.

Another unfortunate reality is that the federal death penalty is marred by the same problems of racial bias and geographical disparity found in the state death penalty systems. Just three Southern states — Texas, Virginia, and Missouri — are responsible for nearly half of the federal death row population. People of color, particularly African-American men, also account for more than half of all current federal death sentences.

And the overlap between these two areas of disparity is significant: Every person on the federal death row from Virginia and all from the Eastern District of Missouri are people of color. And people of color have received 75 percent of federal death sentences imposed in Texas in the modern era.

There is another deep-seated problem in the federal death-penalty system that often escapes public notice: Federal prisoners typically get less judicial scrutiny of their convictions and death sentences than do state death-row prisoners. People sentenced to death in state courts can mount appeals in their state jurisdictions and then turn to a habeas proceeding in the federal courts. Those sentenced federally have only a single chance in post-conviction to seek redress and then have no automatic right to appeal.

Whether they get an appeal within the single federal system varies widely by region. The Court of Appeals for the Fifth Circuit, which includes Texas (the state with the most federal death sentences), has never granted a federal death row prisoner permission to appeal based on a post-conviction issue. The Supreme Court has granted review in only one federal death penalty case in the modern era, and that was two decades ago. The number of federal death sentences returned since then has tripled.

Indeed, although the governing law could be read to entitle all condemned federal prisoners to an evidentiary hearing on their post-conviction claims, many federal death-row prisoners have completed all available appeals without ever having a court consider evidence in support of unsettling allegations such as judicial bias or improper jury conduct.

This is certainly true of the men scheduled for execution. In each case, they received either no evidentiary hearing in post-conviction proceedings or only a limited opportunity to develop their claims, and were then barred from appealing most or all of their post-conviction claims. As a former attorney general, I have no interest in seeing unnecessary delays or frivolous claims raised in any litigation, including in capital cases. But the problems in these cases, particularly where the people scheduled to be executed have been denied meaningful review, should trouble all of us.

Much has been written in recent years about the decline of the death penalty in America, a decline that has occurred for good reason. Capital punishment is costly, offers no proven deterrent benefit and delays healing for victims’ family members, while also traumatizing correctional officers and risking the execution of innocent people. These flaws are inherent in the system, just as much in the case of the federal death penalty as in the states.

The federal government has not executed anyone since 2003. In light of all the problems with the federal death penalty, as reflected in the cases set for execution, the Trump administration should keep it that way.

Jim Petro was the attorney general of Ohio from 2003 to 2007.



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