Cornell professor Joseph Margulies comments on Oklahoma Attorney General Gentner Drummond’s request to the Oklahoma Court of Criminal Appeals to slow down the pace of executions and Judge Gary Lumpkin’s critical response to that request. Professor Margulies suggests that Judge Lumpkin’s hostility towards Drummond’s motion is not merely due to moral insensitivity, but is an ideological attempt to admonish Drummond for perceived deviation from the staunchly pro-death penalty stance expected of his office, exemplifying the “black sheep effect” of harshly policing in-group boundaries.

Amherst professor Austin Sarat discusses the recent unprecedented request by Santa Clara County District Attorney Jeff Rosen to resentence all death row inmates from his county, highlighting the critical role prosecutors play as gatekeepers in the death penalty system. Professor Sarat argues that Rosen’s actions, driven by concerns about racial bias and changing attitudes towards capital punishment, serve as an important example for other prosecutors to follow in order to right past wrongs and ensure justice is upheld, regardless of how much time has passed.

Law professor and economist Neil H. Buchanan discusses the conventional wisdom that delays in Donald Trump’s legal cases benefit him politically, as Trump hopes to win the 2024 election before facing legal consequences. However, Professor Buchanan argues that these delays actually help President Joe Biden and the Democrats, and that convictions prior to the election would not significantly harm Trump’s political chances, making the delays the best realistic outcome for those who oppose Trump.

Amherst professor Austin Sarat discusses the execution of Ivan Cantu in Texas, using it as a case study to explore the broader issue of innocent individuals being executed in the United States. Professor Sarat argues that the continued use of the death penalty inevitably leads to the execution of innocent people, underscoring the urgent need to abolish capital punishment to prevent such irreversible injustices.

Amherst professor Austin Sarat examines the recent failed execution attempt of Thomas Eugene Creech in Idaho, highlighting lethal injection’s history of unreliability and the broader context of its use as an execution method in the United States. Professor Sarat argues that systemic issues and denial by state officials perpetuate the cruelty and inefficiency of lethal injections, urging an acknowledgment of its failures and a cessation of its use for capital punishment.

Amherst professor Austin Sarat comments on a lawsuit filed by David Phillip Wilson, currently on Alabama’s death row for a 2004 murder, claiming that Alabama’s plan to execute him by nitrogen gas violates the Constitution’s ban on cruel and unusual punishment. Professor Sarat notes the state’s problematic history with gas executions and the recent painful, 22-minute execution of Kenneth Smith by nitrogen gas, and argues that Wilson’s lawsuit makes a compelling case that nitrogen hypoxia presents a substantial risk of severe pain and suffering.

Amherst professor Austin Sarat reflects on the 100-year history of gas chamber executions in the United States, highlighting the method’s failure to provide a humane and reliable form of capital punishment despite initial claims, and marking the recent revival of its use in Alabama as a continuation of this problematic legacy. Professor Sarat details the origins and implementation of gas chambers, including the first execution of Gee Jon in Nevada and the various adaptations states made over the years, culminating in a critique of lethal gas as an inhumane method that has consistently resulted in torture and botched executions.

Amherst professor Austin Sarat comments on the proposal by Oklahoma’s Attorney General and the Director of the Department of Corrections to execute execute six individuals with 90-day intervals between each, in a purported effort to address operational and mental health strains on execution team members. Professor Sarat points out that this plan fails to address deeper injustices within the death penalty system, not the least of which is the significant toll on those involved in executions, as well as the systemic issues of unfair trials and racial bias affecting death row inmates.

Cornell professor Joseph Margulies discusses the groundbreaking prosecution for involuntary manslaughter of Jennifer and James Crumbley, parents of Ethan Crumbley, who killed four classmates in a school mass shooting. Professor Margulies highlights legal and moral complexities surrounding causation and parental responsibility, questioning whether the parents’ negligence in not foreseeing their son’s violent actions, despite clear warning signs, justifies holding them criminally liable for the murders. Professor Margulies also reflects on the broader implications for societal expectations of parental foresight and the limits of criminal law in addressing such tragic events.

Cornell Law professor Michael C. Dorf discusses the recent execution of Kenneth Eugene Smith by nitrogen hypoxia in Alabama, questioning the humanity of this method and comparing it unfavorably to other methods like lethal injection and electrocution. Professor Dorf delves into the complexities of the death penalty, including the constitutional implications, the effectiveness of alternative execution methods, and the ethical dilemmas facing death penalty abolitionists and pharmaceutical companies regarding the provision of more humane execution drugs.

Amherst professor Austin Sarat laments the continued occurrence of botched executions in the United States, focusing on the recent introduction of nitrogen hypoxia in Alabama, which resulted in another failed attempt. Professor Sarat describes the disturbing details of Kenneth Smith’s execution, where the promise of a quick and painless death by nitrogen hypoxia was broken, leading to a prolonged and torturous process, thus adding to the history of failed executions with new methods in the United States.

Amherst professor Austin Sarat discusses the movement against life without parole (LWOP) sentences in the United States, highlighting its flaws similar to those in the death penalty system, including racial disparities and the finality of judgment. Professor Sarat commends the Massachusetts Supreme Judicial Court’s recent ruling against LWOP for offenders under 21, signaling a significant step towards reevaluating and potentially ending LWOP sentences, paralleling efforts against capital punishment.

Amherst professor Austin Sarat comments on the divergent paths of Florida and Ohio with respect to capital punishment in those states. Professor Sarat argues that it is time for America to make up its mind on the death penalty and either follow Ohio’s path toward a future without capital punishment, bringing this country into line with the community of nations, or else follow Florida’s example by expanding death sentences and executions.

Amherst professor Austin Sarat comments on the case of Ralph Leroy Menzies, who has been on Utah’s death row for 35 years and holds conflicting views on his execution: he insists on being executed by firing squad, yet argues that this method constitutes cruel and unusual punishment under Utah’s constitution. Professor Sarat discusses Utah District Judge Coral Sanchez’s ruling that the state could proceed with the execution by firing squad, dismissing Menzies’s argument and granting the state significant discretion in carrying out the execution, even if it cannot guarantee a painless death.

Amherst professor Austin Sarat discusses Alabama’s plan to use nitrogen hypoxia for the first time in the execution of Kenneth Smith, raising concerns about its safety and humanity. The method has prompted criticism, including a lawsuit by Reverend Jeff Hood, who argues that Alabama’s requirement for him to maintain distance during the execution infringes on religious liberties and creates a hostile environment for spiritual advisers. Professor Sarat highlights the untested nature of nitrogen hypoxia, its potential for causing seizures and suffocation, and the broader ethical issues surrounding the continued search for a “humane” method of execution.

UNLV Boyd School of Law professor Leslie C. Griffin recounts her experience reading At the ALTAR of the Appellate Gods: Arguing before the US Supreme Court by Lisa Sarnoff Gochman. Amidst a tragic backdrop of recent violence at UNLV, Professor Griffin reflects on Gochman’s book, which provides a human perspective on appellate law through her experience arguing in the notable Supreme Court case, Apprendi v. New Jersey. As Professor Griffin describes, Gochman’s narrative highlights the challenges and intricacies of presenting a case before the Supreme Court, offering insights into the legal process and the personal journey of an appellate lawyer.

Cornell professor Joseph Margulies considers the notion of equality and human nature, challenging the idea that monstrous actions make individuals fundamentally different from the rest of society. Professor Margulies argues that recognizing our shared capacity for brutality underscores that even those who commit heinous acts are not inherently “other” and should be held accountable as members of our collective humanity, rather than being cast out or labeled as fundamentally different.

Amherst professor Austin Sarat reflects on the Death Penalty Information Center’s year-end report, which highlights both progress in abolishing capital punishment in the U.S. and the Supreme Court’s reluctance to ensure fairness in death penalty cases. Professor Sarat argues that the Supreme Court’s diminishing role in scrutinizing death penalty cases and its tolerance for injustice in these matters may be contributing to growing public skepticism about the death penalty, evidenced by increasing support among lawmakers and the public for its repeal or limitation.

Amherst professor Austin Sarat comments on Massachusetts Governor Maura Healey’s introduction of new guidelines aimed at reshaping the clemency process in the state, emphasizing mercy and addressing structural inequities in the criminal justice system. Professor Sarat praises Governor Healey’s approach as aligning with historical views on clemency and seeking to correct systemic wrongs, promote equity, and recognize individual growth and rehabilitation, despite the prevailing reluctance of many governors to grant clemency for fear of appearing lenient on crime.

Former federal prosecutor Dennis Aftergut discusses Fulton County District Attorney Fani Willis’s legal strategy in her case against Donald Trump and various co-defendants for an alleged conspiracy to overturn the 2020 election. Mr. Aftergut observes that Willis seems to be focusing on securing guilty pleas from less central co-conspirators to strengthen her case against major defendants like Trump, Rudolph Giuliani, and Sidney Powell, while potentially offering lesser charges to those willing to cooperate and testify, thereby avoiding the risk of revealing too much of her case before a full trial.