Amherst professor Austin Sarat discusses the recent execution of Brian Dorsey by the state of Missouri and explores the question whether executing a rehabilitated prisoner violates the Eighth Amendment’s prohibition on cruel and unusual punishment. Professor Sarat argues that Dorsey’s execution served no legitimate penological purpose because he had been successfully rehabilitated during his time in prison, and therefore his execution amounted to cruel punishment without a justifiable purpose.

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.

Amherst professor Austin Sarat discusses Georgia’s plan to execute Willie James Pye on March 20, 2023, and the state’s efforts to restrict press access and impose secrecy around the execution process. Professor Sarat argues that Georgia’s lethal injection protocol, which severely limits what the press can witness and the public can know about executions, is unlawful and arbitrary, serving no legitimate state interest, and that the court should grant the request to stop executions until the restrictions on press access are removed.

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 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 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 argues that the Supreme Court should use the case of Richard Glossip, a death row inmate who claims actual innocence, to declare that the Constitution forbids executing the innocent. Professor Sarat points out the various procedural problems and prosecutorial misconduct in Glossip’s case, as well as the Supreme Court’s precedents on actual innocence claims—which support his argument for addressing this fundamental issue of justice.

Amherst professor Austin Sarat argues that the U.S. Supreme Court should grant review in Warren King’s death penalty case, which epitomizes the persistent racial biases in jury selection, especially in death penalty cases. Professor Sarat emphasizes the significance of the Batson v. Kentucky decision against race-based juror exclusion, critiques its inadequate enforcement, and argues that King’s case, marked by discriminatory jury selection, offers the Court a crucial opportunity to reinforce Batson and address racial prejudice in the legal system.

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.

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 a decision by a federal district court in Louisiana denying a preliminary injunction in a case involving death row inmates seeking clemency. Professor Sarat criticizes the court’s narrow interpretation of the governor’s directive regarding clemency hearings, arguing that it exemplifies a legalistic approach that disregards the broader context and intention of the governor’s actions.

Amherst professor Austin Sarat observes that the push for death penalty abolition in the United States faced a year of mixed outcomes in 2023, marked by a rise in executions but also legislative progress in some states like Washington. Professor Sarat observes that states like Alabama and South Carolina are making efforts to proceed with executions using new methods or secured drug supplies, Ohio and Tennessee have shown more cautious or progressive stances, signaling an incremental and complex journey toward abolition.

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.