Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.

Professor Sarat founded both Amherst College’s Department of Law, Jurisprudence, and Social Thought and the national scholarly association, The Association for the Study of Law, Culture, and the Humanities. He is former President of that Association and has also served as President of the Law and Society Association and of the Consortium of Undergraduate Law and Justice Programs.

He is author or editor of more than ninety books including Lethal Injection and the False Promise of Humane Execution (Stanford University Press, 2022), The Death Penalty on the Ballot: American Democracy and the Fate of Capital Punishment (Cambridge University Press, 2019), The Lives of Guns (Oxford University Press, 2018), and Gruesome Spectacles: Botched Executions and America’s Death Penalty (Stanford University Press, 2014).

He is editor of the journal Law, Culture and the Humanities and of Studies in Law, Politics, and Society

Professor Sarat has received numerous prizes and awards including the Harry Kalven Award given by the Law Society Association for “distinguished research on law and society”; the Reginald Heber Smith Award given biennially to honor the best scholarship on “the subject of equal access to justice”; the James Boyd White Award, from the Association for the Study of Law, Culture, and the Humanities, given for distinguished scholarly achievement and “outstanding and innovative” contributions to the humanistic study of law; and the Hugo Adam Bedau Award, given to honor significant contributions to death penalty scholarship by the Massachusetts Coalition Against the Death Penalty.

His public writing has appeared in such places as The New Republic, The Guardian, The Boston Globe, The Cleveland Plain-Dealer, The National Law Journal, Slate, The Providence Journal, The Los Angeles Times, The American Prospect, Aljazeera America, US News, CNN, Politico, The Conversation, and The Daily Beast. He has been a commentator or guest on HuffPost Live, The Morning Briefing on Sirius Radio, All Things Considered, Morning Edition, The Rick Ungar Show, Democracy Now, ABC World News Tonight, All in with Chris Hayes, The Point with Ari Melber, and The O’Reilly Factor.

Columns by Austin Sarat
What Role, If Any, Should Hatred Play in the Justice Department’s Investigation of Donald Trump?

Amherst professor Austin Sarat comments on remarks by former President Donald Trump that Special Prosecutor Jack Smith, who was appointed by Attorney General Merrick Garland to supervise the Justice Department’s investigation of Trump, is motivated by hatred of Trump. Professor Sarat points out that Trump’s perception that those who oppose him hate him epitomizes narcissism and that psychologists have characterized Trump as personalizing every conflict and seeing every political relationship as transactional.

Arizona Is a New Death Penalty Battleground State

Amherst professor Austin Sarat argues that Arizona’s new attorney general—Kris Mayes—should now seize her opportunity to make good on her promise to put a pause on all executions in that state. Professor Sarat describes Arizona’s recent spate of botched executions and calls upon Mayes to support a death-row inmate’s withdrawal of his request be executed, thereby making Arizona the latest state to confront the troubling issues that have plagued the death penalty across the country.

When the Time Comes, I’d Like to Die on My Own Terms—But the Massachusetts Supreme Court Won’t Let Me

Amherst professor Austin Sarat comments on the Massachusetts Supreme Judicial Court’s refusal to recognize a constitutional right to medical aid in dying. Professor Sarat describes the basis of that decision and explains why state courts should recognize that right based on their own state constitutions.

As America’s Death Penalty Declines, Let’s Not Lose Sight of the Glaring Injustices That Remain

Amherst professor Austin Sarat reflects on capital punishment in 2022, pointing out that while it has continued its decades-long decline, it is still plagued with serious injustices. Professor Sarat argues that as abolitionists litigate to stop death sentences and executions, we must remember that the fight must ultimately be won in the political arena rather than only in the courts.

It is Time for the Biden Administration to Join the Rest of the World in Moving Against the Death Penalty

Amherst professor Austin Sarat argues that the Biden administration should join the rest of the world in officially opposing the death penalty by supporting the U.N. General Assembly’s resolution establishing a moratorium on executions. Professor Sarat points out that while supporting the resolution would not force the federal or state governments to change the status quo, it would put this country on record as committed to ending the death penalty—a particularly important accomplishment for a President who ran as an abolitionist.

The Defense and a Special Prosecutor Agree About Unfairness in a Missouri Capital Case: Will That Be Enough to Stop an Execution?

Amherst professor Austin Sarat comments on a Missouri capital case in which both the defense lawyer and a special prosecutor appointed to review the case agree that unconstitutional racial bias played a crucial role in the handling of the case. Professor Sarat points out that such agreement is very unusual and that it thus falls to the Missouri Supreme Court to halt the execution so that the issues they have raised can be thoroughly investigated, or else allow the execution to go forward in a move that is perilously close to the state supreme court acquiescing in a lynching.

With America’s Death Penalty, New Evidence Shows that Familiarity Breeds Contempt

Amherst professor Austin Sarat comments on a recent report by National Public Radio (NPR) that the more people know about the death penalty, the less they support its use. Professor Sarat points out that people closely involved with executions tend to change their opinions to oppose capital punishment due to a “profound sense of shame or guilt” that they experience.

How Trump’s Supreme Court Helped Save American Democracy from Trump

Amherst professor Austin Sarat explains how the Supreme Court that Donald Trump refashioned paradoxically prompted Americans to reassert the values of democracy. Professor Sarat points out that the Court’s decision in Dobbs v. Jackson Women’s Health Organization eliminating the constitutional right to abortion was one of the driving factors behind the large numbers of Americans voting in the midterm election.

There Should Be a Right to Counsel Throughout the Execution Process

Amherst professor Austin Sarat argues that there should be a constitutional right to counsel throughout the execution process, particularly given the frequency with which serious errors occur during that time. Professor Sarat calls upon courts to recognize that the execution process is a “critical stage” of a criminal proceeding deserving the defendant’s right to legal representation.

Ohio Plans to Execute a Man It Knows Is Innocent—Why?

Amherst professor Austin Sarat comments on the case of Anthony Apanovitch—a man on Ohio’s death row who was exonerated yet whom the state still plans to execute. Professor Sarat describes Apanovitch’s unique situation and calls upon the Ohio Parole Board to recommend to Ohio’s governor that Apanovitch be pardoned and set free.

Alabama’s Plan to Execute Kenneth Smith May Be Legal, But It Is Not Just

Amherst professor Austin Sarat comments on the case of Kenneth Smith, whom Alabama plans to execute by lethal injection on November 17 based on a judge’s decision overriding a jury’s determination that he be sentenced to life in prison rather than death. Professor Sarat explains why such judicial override cases are so unjust, particularly given that Alabama has repealed judicial override (but not retroactively).

The Supreme Court’s Cold Indifference in Alabama Death Penalty Case

Amherst professor Austin Sarat comments on Alabama’s recent aborted execution of Alan Miller. Professor Sarat describes how the U.S. Supreme Court allowed Miller’s execution to go forward despite a serious dispute about whether Miller submitted a form electing an execution method other than lethal injection.

Parkland Case Challenges Us All to Figure Out What a Mass Murderer Deserves

Amherst professor Austin Sarat comments on the ongoing sentencing trial of Nikolas Cruz, who in 2018 murdered fourteen students and three staff members at Marjory Stoneman Douglas High School in Parkland, Florida. Professor Sarat explains the difficulty and complexity of having to decide what punishment an offender deserves—let alone someone guilty of perpetrating such an atrocity—particularly when it is a question of capital punishment or life in prison without the possibility of parole.

Lindsay Graham’s Gambit Is the Next Step Toward a Nationwide Abortion Ban

Amherst professor Austin Sarat comments on Senator Lindsay Graham’s proposed national 15-week abortion ban. Professor Sarat points out that the proposed bill contradicts his—and other anti-abortion Republicans, including Supreme Court Justices who voted to overturn Roe v. Wade—claim that the question of abortion should be decided by each state legislature.

It’s Time to End the Inhumanity of Confinement on America’s Death Rows

Amherst professor Austin Sarat comments on a recent report by the advocacy group, the Legal Defense Fund, noting that the total number of people on death row is 3.6% lower than it was a year ago, and 35% lower than it was in 2001 when the death row population was at its peak. However, Professor Sarat highlights the inhumanity of allowing even this reduced number of people—indeed, anyone—to languish for years or decades on death row.

Biden’s Democracy Speech Highlights the New American Dilemma, Violence or Voting

Amherst professor Austin Sarat praises President Biden’s speech last Thursday as a much-needed reminder that Americans should settle their differences through voting not violence. Professor Sarat points out that today’s threat of political violence comes overwhelmingly from the political right, not the left, and from people who are not “lone wolves” but part of a broader community that echoes their violent ideas.

Cover-Up, Double-Talk, and Trial and Error Mark Lethal Injection’s Current Crisis

Amherst professor Austin Sarat comments on Alabama’s recent botched execution of Joe Nathan James, which may have been the longest execution in American history. Professor Sarat argues that the cover-up, double-talk, and trial-and-error approach that mark lethal injection’s recent history mean that problems of the kind that occurred in the James execution will keep happening unless we stop using lethal injection altogether.

Trump’s Recent Calls to Execute Drug Traffickers Should Be a Wake-Up Call to the Biden Administration

Amherst professor Austin Sarat comments on Donald Trump’s recently repeated calls to apply the death penalty to drug dealers. Professor Sarat points out that in 2020, only 30 people were executed worldwide for drug offenses (down from 116 in 2019), and they all occurred in China, Iran, and Saudi Arabia—hardly the kind of examples that any nation committed to respecting human rights should want to emulate.

Oregon Case Reaffirms Both Breadth of the Clemency Power and the Primacy of Politics in Controlling Its Exercise

Amherst professor Austin Sarat comments on a recent case in which the Oregon Court of Appeals held that Governor Kate Brown had the legal authority to grant mass clemency to more than 1,000 people convicted of crimes in her state. Professor Sarat points out that the decision joins a long line of others affirming the authority of governors and the President of the United States to grant clemency for “good reason, bad reason or no reason at all.”