erst professor Austin Sarat comments on the case of Gerald Pizzuto, whom the state of Idaho has sought to execute by lethal injection five times since his 1986 conviction for first-degree murder. Professor Sarat points out that U.S. District Court Judge B. Lynn Winmill, who ruled in Pizzuto’s case, recognized the inherent psychological cruelty of capital punishment, particularly when it involves repeated rescheduling of execution dates.
Cornell professor Joseph Margulies reflects on two recent high-profile legal events: the indictment of Donald Trump for allegedly subverting democracy and the death sentencing of Robert Bowers for the deadliest antisemitic attack in U.S. history. Professor Margulies suggests that these cases, viewed by many as a triumph for the rule of law, represent societal attempts to protect integral aspects of American identity, with their punishment seen as purging threats to this identity. However, Professor Margulies argues that the law should not be weaponized to decide who belongs in society, as it usurps an authority that rightfully belongs to the people.
Amherst professor Austin Sarat comments on an announcement last March by Louisiana Governor John Bel Edwards that he opposed capital punishment and points out that now Governor Edwards has the opportunity to prove his opposition. Professor Sarat argues that Governor Edwards should use his authority to order the Board of Pardons to hold hearings on the death row clemency petitions and review them on their merits to turn his abolitionist rhetoric into action.
Amherst professor Austin Sarat comments on so-called quasi-death-penalty states, which have criminal laws authorizing capital punishment but have gone five years or more without executing anyone. Professor Sarat explains what it means that Ohio and Nebraska are joining the 15 other de facto abolition states and argues that, in the end, the fate of America’s death penalty will be decided as much in those places as in the few states which continue to carry out the bulk of this country’s executions.
Amherst professor Austin Sarat comments on some lessons we should learn from the cases of two people scheduled to be executed today, July 20, 2023. Professor Sarat points out that the two cases—James Barber and Jemaine Cannon—demonstrate, respectively, that we are not executing “the worst of the worst” and that the execution methods we use are unreliable at best.
In the spirit of American Independence Day, Amherst professor Austin Sarat suggests that we not only celebrate America’s ideals but also reflect on its failings—failings that include its continued use of capital punishment. Professor Sarat reiterates the problems with capital punishment, such as the ineffective and inhumane methods of execution, racial inequities, time on death row, and the fact that most of those we execute are victims of extensive abuse and neglect from childhood or earlier.
Amherst professor Austin Sarat comments on the recent exoneration of Barry Lee Jones from Arizona’s death row after evidence against him was revealed as “flawed.” Professor Sarat argues that shoddy defense lawyering, junk science, and myopic police work are regular features of America’s death penalty system and that dismantling the death penalty system is the only way to end the epidemic of false convictions.
Amherst professor Austin Sarat points out that when death penalty abolitionists take up the cause of saving the lives of people accused of mass murder, they need also to keep reminding people that, in the many less notorious cases in which the state seeks death as a punishment, the death penalty continues to legitimize vengeance, intensify racial divisions, promise simple solutions to complex problems, and damage our political and legal institutions.
Amherst professor Austin Sarat comments on Justice Clarence Thomas’s dissent from the U.S. Supreme Court’s refusal to dismiss a lawsuit challenging the constitutionality of Alabama’s use of lethal injection as a method of execution. Professor Sarat argues that Justice Thomas has seldom come across a death sentence he wouldn’t uphold or an execution he wouldn’t try to expedite—and his opinion in this case was no exception.
Amherst professor Austin Sarat argues forcefully that the U.S. Supreme Court should stay the execution of Richard Glossip, whom Oklahoma is planning to execute on May 18 despite serious doubts about the fairness and reliability of his conviction. Professor Sarat points out that the Oklahoma Attorney General supports Glossip’s application for a stay, recognizing that to carry out the execution would irreparably harm both the defendant and the integrity of Oklahoma’s justice system.
Amherst professor Austin Sarat and former federal prosecutor Dennis Aftergut comment on recent news that Republican legislators in four Southern states have proposed legislation that would make abortion a capital offense in those states. Professor Sarat and Mr. Aftergut point out the hypocrisy and cruelty of so-called “pro-lifers” advocating the death penalty for those who seek—and those who assist others in seeking—an abortion.
Amherst professor Austin Sarat comments on two cases currently working their way through the Arizona court system, in which defense lawyers from the Capital Unit of the Maricopa County Office of the Public Defender are raising innovative arguments based on the systemic racism in all aspects of American life. Professor Sarat argues that these carefully crafted and extensively documented motions call on judges to confront the reality of America’s racist past and continuing institutional racism before allowing the government to carry out any more “legal lynchings.”
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.