Death row, also known as condemned row, is a place in a prison that houses inmates awaiting execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting execution ("being on death row"), even in places where no special facility or separate unit for condemned inmates exists. In the United States, after an individual is found guilty of a capital offense in states where execution is a legal penalty, the judge will give the jury the option of imposing a death sentence or life imprisonment without the possibility of parole. It is then up to the jury to decide whether to give the death sentence; this usually has to be a unanimous decision. If the jury agrees on death, the defendant will remain on death row during appeal and habeas corpus procedures, which may continue for several decades.
Opponents of capital punishment claim that a prisoner's isolation and uncertainty over their fate constitute a form of psychological abuse and that especially long-time death row inmates are prone to develop a mental disorder, if they do not already suffer from such a condition. This is referred to as the death row phenomenon. Estimates reveal that five to ten percent of all inmates on death row suffer from mental illness. [1] Some inmates may attempt suicide. There have been some calls for a ban on the imposition of the death penalty for inmates with mental illness [2] and also case law such as Atkins v. Virginia to further this. Executions still take place for those with clear intellectual disabilities due to poor legal representation and high standards of proof. [3]
In 1933, Giuseppe Zangara attempted to kill then President-elect Franklin D. Roosevelt but injured and killed Chicago Mayor Anton Cermak. He was convicted of Cermak's murder and sentenced to death. Due to Florida law, an inmate could not be housed in a cell with an inmate who was awaiting execution so a prisoner awaiting execution was to be held in a separate waiting cell. Raiford Prison, where Zangara was being held, already had one prisoner waiting in their "death cell" so the waiting area was expanded to a row of cells, becoming a "Death Row". [4]
In the United States, prisoners may wait many years before execution can be carried out due to the complex and time-consuming appeals procedures mandated in the jurisdiction. The time between sentencing and execution increased relatively steadily between 1977 and 2010, including a 21% jump between 1989 and 1990 and a similar jump between 2008 and 2009. In 2010, a death row inmate waited an average of 178 months (roughly 15 years) between sentencing and execution. [5] Nearly a quarter of inmates on death row in the U.S. die of natural causes while awaiting execution. [6]
There were 2,721 people on death row in the United States on October 1, 2018. [7] Since 1977, the states of Texas (464), Virginia (108) and Oklahoma (94) have executed the most death row inmates. [5] As of 2010 [update] , California (683), Florida (390), Texas (330) and Pennsylvania (218) housed more than half of all inmates pending on death row. Gary Alvord arrived on Florida's death row in 1974 and died 39 years later on May 19, 2013, from a brain tumor, having spent more time on death row than any American. [8] Brandon Astor Jones spent 36 years on death row (with a brief period in the general prison population during his re-sentencing trial) before being executed for felony murder by the state of Georgia in 2016, at the age of 72. [9] The oldest prisoner on death row in the United States was Leroy Nash, age 94, in Arizona. He died of natural causes on February 12, 2010. [10]
Federal | Men's death row | Women's death row |
---|---|---|
Civilian | Majority: United States Penitentiary, Terre Haute, Indiana ADX Florence, Fremont County, Colorado (Timothy McVeigh, Joseph Edward Duncan, Kaboni Savage, Dzhokhar Tsarnaev) | Federal Medical Center, Carswell, Fort Worth, Texas [12] [13] [14] |
Military | United States Disciplinary Barracks, Fort Leavenworth, Kansas | Naval Consolidated Brig, Miramar, San Diego, California [upper-alpha 1] |
Notes:
Nearly all European countries have abolished capital punishment. [43] As of 2021, Belarus remains the only European country to use the death penalty. [44]
Around 70% of the world's countries have abolished capital punishment. [45] These countries are frequently concerned with their citizens in the United States criminal system. [45] There have even been instances of other countries citing human rights laws against the United States, or refusing to extradite incriminating material, in fear of their citizens being put on death row. [45]
On November 9, 2020, the United States received persistent criticism on its use of capital punishment during a United Nations review of its human rights record. [46] Many allies of the United States urged that the U.S. cease executions. [46] France urged the US halt executions, Germany suggested a federal moratorium on and eventual abolition, Austria called for immediate cessation of executions and then abolition, and Australia, the Netherlands, and Switzerland all called for abolition entirely. [46]
According to Amnesty International, Saudi Arabia, Iraq, and Iran were responsible for most known executions worldwide in 2020. [lower-alpha 1] [47] When the United Kingdom had capital punishment, there were generally no 'death rows'. The condemned were however separated from the general prison population in one of two 'condemned cells' located adjacent to the execution chamber. Sentenced inmates were given one appeal. If that appeal was found to involve an important point of law it was taken up to the House of Lords, and if the appeal was successful, at that point the sentence was changed to life imprisonment. [48] The Home Secretary had the power to exercise the Sovereign's royal prerogative of mercy to grant a reprieve on execution and change the sentence to life imprisonment. Essentially the speedy process from conviction to execution, re-sentencing or reprieve meant that there were low numbers, (if any) prisoners under sentence of death at any one time and so there was no need for a 'death row'. Assistant executioner Syd Dernley used the term "death row" in his 1990 memoir The Hangman's Tale to refer to the situation at Wandsworth Prison in April 1951 where, as only up to two persons could be hanged at one time, the execution of murderer James Virrels had to await the prior double execution of murderers/robbers Joseph Brown and Edward Smith a day earlier, before going ahead on 26 April. [49]
In some Caribbean countries that still authorize execution, the Judicial Committee of the Privy Council is the ultimate court of appeals. It has upheld appeals by prisoners who have spent several years under sentence of death, stating that it does not desire to see the death row phenomenon emerge in countries under its jurisdiction.[ citation needed ]
A condemn cell, also known as a death row cell, is a designated room within a prison where individuals who have been sentenced to death as a legal punishment are held until their execution. This specialized cell is a temporary holding area specifically designed for individuals awaiting capital punishment. [50] [51] [52]
Condemn cells are constructed with a focus on security and isolation. The room is typically designed to limit access and maintain strict control over the condemned individual. Furnishings and amenities in these cells are often minimal, as they are not intended for long-term incarceration but rather for the purpose of facilitating the impending execution. Typically, a condemn cell can house between one and three inmates. [53]
Bangladesh has witnessed significant controversy surrounding the use of condemn cells in relation to capital punishment. The issue has sparked debates on various aspects, including human rights, the efficacy of the death penalty, and the treatment of individuals awaiting execution. [54] [55] Several Bangladeshi prisons house inmates on trial in condemn cells, which is met with severe criticism. [56] There have been instances where acquitted people have been confined in condemn cells, for multiple years. [57] [58] [59]
The Colorado Department of Corrections is the principal department of the Colorado state government that operates the state prisons. It has its headquarters in the Springs Office Park in unincorporated El Paso County, Colorado, near Colorado Springs. The Colorado Department of Corrections runs 20 state-run prisons and also has been affiliated with 7 for-profit prisons in Colorado, of which the state currently contracts with 3 for-profit prisons.
The Georgia Department of Corrections (GDC) is an agency of the U.S. state of Georgia operating state prisons. The agency is headquartered in Forsyth, on the former campus of Tift College.
Capital punishment is not allowed to be carried out in the U.S. state of California, due to both a standing 2006 federal court order against the practice and a 2019 moratorium on executions ordered by Governor Gavin Newsom. The litigation resulting in the court order has been on hold since the promulgation of the moratorium. Should the moratorium end and the freeze concluded, executions could resume under the current state law.
Capital punishment was abolished via the legislative process on May 2, 2013, in the U.S. state of Maryland.
San Quentin Rehabilitation Center (SQ), formerly known as San Quentin State Prison, is a California Department of Corrections and Rehabilitation state prison for men, located north of San Francisco in the unincorporated place of San Quentin in Marin County.
An execution chamber, or death chamber, is a room or chamber in which capital punishment is carried out. Execution chambers are almost always inside the walls of a maximum-security prison, although not always at the same prison where the death row population is housed. Inside the chamber is the device used to carry out the death sentence.
The California Department of Corrections and Rehabilitation (CDCR) is the penal law enforcement agency of the government of California responsible for the operation of the California state prison and parole systems. Its headquarters are in Sacramento.
Capital punishment is a legal penalty in the U.S. state of Texas for murder, and participation in a felony resulting in death if committed by an individual who has attained or is over the age of 18.
Green Haven Correctional Facility is a maximum security prison in New York, United States. The prison is located in the Town of Beekman in Dutchess County. The New York State Department of Corrections and Community Supervision lists the address as Route 216, Stormville, New York 12582. This prison housed New York's execution chamber during the time the state briefly had the death penalty in the post-Furman era. It was originally a federal prison and now houses maximum security inmates. Green Haven Correctional Facility also operated a Hot Kosher Foods Program; but no longer does as of 2020. However, because of this, the prison had a large Jewish population. Yale Law School operates the Green Haven Prison Project, a series of seminars among Yale law students and Green Haven inmates on law and policy issues concerning prisons and criminal law.
The death row phenomenon is the emotional distress felt by prisoners on death row. Concerns about the ethics of inflicting this distress upon prisoners have led to some legal concerns about the constitutionality of the death penalty in the United States and other countries. In relation to the use of solitary confinement with death row inmates, death row phenomenon and death row syndrome are two concepts that are gaining recognition. The death row syndrome is a distinct concept, which is the enduring psychological effects of the death row phenomenon, which merely refers to the triggers of the syndrome. There are also those sentenced to death in countries with a moratorium on executions, for whom no term has been theorized, but for which there are also a number of psychological ramifications.
William C. Holman Correctional Facility is an Alabama Department of Corrections prison located in Atmore, Alabama. The facility is along Alabama State Highway 21, 9 miles (14 km) north of Atmore in southern Alabama.
Texas State Penitentiary at Huntsville or Huntsville Unit (HV), nicknamed "Walls Unit", is a Texas state prison located in Huntsville, Texas, United States. The approximately 54.36-acre (22.00 ha) facility, near downtown Huntsville, is operated by the Correctional Institutions Division of the Texas Department of Criminal Justice. The facility, the oldest Texas state prison, opened in 1849.
Potosi Correctional Center (PCC) is a Missouri Department of Corrections prison located in unincorporated Washington County, Missouri, near Mineral Point. The facility currently houses 800 death row, maximum security and high-risk male inmates.
The State Correctional Institution – Rockview is a Pennsylvania Department of Corrections prison located in Centre County, Pennsylvania, 5 miles (8.0 km) away from Bellefonte. The facility is mostly in Benner Township, while a portion of the prison grounds extends into College Township.
Capital punishment in Connecticut formerly existed as an available sanction for a criminal defendant upon conviction for the commission of a capital offense. Since the 1976 United States Supreme Court decision in Gregg v. Georgia until Connecticut repealed capital punishment in 2012, Connecticut had only executed one person, Michael Bruce Ross in 2005. Initially, the 2012 law allowed executions to proceed for those still on death row and convicted under the previous law, but on August 13, 2015, the Connecticut Supreme Court ruled that applying the death penalty only for past cases was unconstitutional.
Capital punishment in Alabama is a legal penalty. Alabama has the highest per capita capital sentencing rate in the United States. In some years, its courts impose more death sentences than Texas, a state that has a population five times as large. However, Texas has a higher rate of executions both in absolute terms and per capita.
The Tucker Unit is a prison in Dudley Lake Township, unincorporated Jefferson County, Arkansas, 25 miles (40 km) northeast of Pine Bluff. It is operated by the Arkansas Department of Correction (ADC). Tucker is one of the state of Arkansas's "parent units" for male prisoners; it serves as one of several units of initial assignment for processed male prisoners. It is in proximity to, but not within, the Tucker census-designated place.
Capital punishment is a legal penalty in the U.S. state of Mississippi.
Colorado State Penitentiary is a Level V maximum security prison in the U.S. state of Colorado. The facility is part of the state's East Cañon Complex, together with six other state correctional facilities of various security levels.