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. [1]
Harrison and Tamony define death row phenomenon as the harmful effects of death row conditions, [2] while death row syndrome is the consequent manifestation of psychological illness that can occur as a result of death row phenomenon.
Death row syndrome is a psychological disorder that inmates on death row can go through when they are put in isolation. Inmates affected by death row syndrome may display suicidal tendencies and psychotic delusions. According to some psychiatrists, the results of being confined to death row for an extended period of time, including the effects of knowing one will be killed and the living conditions, can fuel delusions and suicidal tendencies in an individual and can cause insanity in a form that is dangerous. [3] Prisoners wait years for execution on death row and while waiting the prisoners go through painful isolation. They live in cells the size of parking spaces. Living in this kind of condition can amplify the effects of isolation. Most of the inmates stay in their cells for more than twenty hours a day. This kind of isolation and waiting for execution causes many inmates to die naturally. [4]
The suicide rate of death row inmates was found by Lester and Tartaro to be 113 per 100,000 for the period 1976–1999. This is about ten times the rate of suicide in the United States as a whole and about six times the rate of suicide in the general U.S. prison population. [5]
Since the re-institution of the death penalty in 1976 to January 1, 2017, 145 prisoners have waived their appeals and asked that the execution be carried out; most notably, the case of Gary Gilmore in Utah brought the ten-year national moratorium to a halt following Gregg v. Georgia . In the post- Furman era, four states (Connecticut, New Mexico, Oregon, and Pennsylvania) have executed only volunteers. [6]
The theory of the death row phenomenon may be traced to 1989, when the European Court of Human Rights agreed that poor conditions on death row in Virginia should mean that a fugitive should not be extradited to the US unless the US agreed it would not execute the fugitive if the individual were convicted. [3] Additionally, the number of years that the fugitive would be on death row was considered problematic. The case is known as Soering v. United Kingdom . [7] Earlier, however, in 1950, a justice of the United States Supreme Court, in Solesbee v. Balkcom, remarked that the onset of insanity while awaiting execution of a death sentence is not a rare phenomenon. Often, the death row phenomenon, being a result of a prolonged stay on death row, is an unintentional result of the long procedures used in the attempt to ensure the death penalty is applied only to the guilty. [8]
As of 2013 [update] , arguments about the death row phenomenon have never been successful in avoiding the death penalty for any person in the United States, but the Supreme Court of that country has been aware of the theory and has mentioned it in its decisions. When serial killer Michael Bruce Ross agreed to be executed in 2005, his decision sparked controversy over whether he could legally agree to such a thing, as the death row phenomenon might have contributed to his decision. [3]
In Canada, the Supreme Court of Canada cited the death row phenomenon, along with a few other concerns about execution, to declare the risk of a prisoner being executed after extradition to another country to be a breach of fundamental justice — a legal right under Section 7 of the Canadian Charter of Rights and Freedoms in the Constitution of Canada. The case was United States v. Burns (2001). Earlier, in 1991, some Supreme Court justices had, in Kindler v. Canada (Minister of Justice) , expressed skepticism about the legal argument regarding the phenomenon, writing that the stress was not as severe a punishment as the execution itself, and writing that the prisoners themselves choose to appeal their sentences, thus being responsible for the prolonged stay on death row. In Burns, however, the Court acknowledged that the mere process of execution, including making sure that the sentence is carried out justly, "seems inevitably to provide lengthy delays, and the associated psychological trauma. This cast doubt on whether the risk of execution after extradition, as a whole, could be compatible with the principles of fundamental justice. [8]
In Jamaica, in the case Pratt v Attorney General for Jamaica , the death penalty was overturned for two prisoners by the Judicial Committee of the Privy Council, who had made reference to the death row phenomenon. The judges opined that the prisoners had been on death row for too long, and too many appeals were allowed to the prisoners, who were forced by instinct to attempt to appeal and were thus confined to death row for too long.[ citation needed ]
United States Supreme Court Justices opposing the death penalty, such as Justice Stevens and Justice Breyer, have at multiple times argued in their dissents that the delay and waiting on death row was a factor making capital punishment unconstitutional as a cruel and unusual punishment. Their views were rejected by concurring opinions from more conservative justices such as Justice Scalia and Justice Thomas, who said that this long delay was caused by the convicts themselves because of their repeated appeals and by Justices opposed to the death penalty. [9] [10]
In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. It is usually applied for only the most serious crimes, such as aggravated murder. Although it is a legal penalty in 27 states, 19 of them have authority to execute death sentences, with the other 8, as well as the federal government and military, subject to moratoriums.
Capital punishment is a legal punishment under the criminal justice system of the United States federal government. It is the most serious punishment that could be imposed under federal law. The serious crimes that warrant this punishment include treason, espionage, murder, large-scale drug trafficking, or attempted murder of a witness, juror, or court officer in certain cases.
In the U.S. state of California, capital punishment is not allowed to be carried out as of March 2019, because executions were halted by an official moratorium ordered by Governor Gavin Newsom. Before the moratorium, executions had been frozen by a federal court order since 2006, and the litigation resulting in the court order has been on hold since the promulgation of the moratorium. Thus, there will be a court-ordered moratorium on executions after the termination of Newsom's moratorium if capital punishment remains a legal penalty in California by then.
Reference Re Ng Extradition was a 1991 case in which the Supreme Court of Canada held that it was permissible to extradite Charles Ng, a fugitive, to the United States, where he was wanted on charges of several murders and might face the death penalty. The issue came before the court in the form of a reference from the federal government, which asked the court for an advisory opinion as to whether the extradition of a fugitive threatened with execution would violate the Canadian Charter of Rights and Freedoms.
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.
United States v Burns [2001] 1 S.C.R. 283, 2001 SCC 7, was a decision by the Supreme Court of Canada that found that extradition of individuals to countries in which they may face the death penalty is a breach of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms. The decision reached that conclusion by a discussion of evidence regarding the arbitrary nature of execution although the Court did not go so far as to say that execution was also unconstitutional under section 12 of the Charter, which forbids cruel and unusual punishments.
Capital punishment is a legal penalty in Japan. The Penal Code of Japan and several laws list 14 capital crimes. In practice, though, it is applied only for aggravated murder. Executions are carried out by long drop hanging, and take place at one of the seven execution chambers located in major cities across the country. The only crime punishable by a mandatory death sentence is instigation of foreign aggression.
Capital punishment is a legal penalty in Taiwan. The long list of capital offences, for which the death penalty can be imposed, includes murder, treason, drug trafficking, piracy, terrorism, and especially serious cases of robbery, rape, and kidnapping, as well as for military offences, such as desertion during war time. In practice, however, all executions in Taiwan since the early 2000s have been for murder.
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, 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.
Glossip v. Gross, 576 U.S. 863 (2015), was a United States Supreme Court case in which the Court held, 5–4, that lethal injections using midazolam to kill prisoners convicted of capital crimes do not constitute cruel and unusual punishment under the Eighth Amendment to the United States Constitution. The Court found that condemned prisoners can only challenge their method of execution after providing a known and available alternative method.
Capital punishment has been a legal penalty in Kenya since before its independence, and continues to be so under Kenyan law. No executions have been carried out in Kenya since 1987, when Hezekiah Ochuka and Pancras Oteyo Okumu, leaders of the 1982 coup d'état attempt, were hanged for treason.
Raymond George Riles is an American convicted murderer who was on death row in Texas from 1976 until he was resentenced to life imprisonment in June 2021. At the time of his resentencing, Riles had been on death row longer than anyone else in the United States. He was convicted of the December 1974 capital murder of John Henry, a Houston used car salesman. Riles was ruled competent to stand trial in the 1970s, but while on death row he was repeatedly found to be too mentally ill to execute.
Madison v. Alabama, 586 U.S. ___ (2019), was a United States Supreme Court case regarding the Eighth Amendment to the United States Constitution, barring cruel and unusual punishment. The case deals with whether the Eighth Amendment prohibits executing a person for a crime they do not remember.
Bucklew v. Precythe, 587 U.S. 119 (2019), was a United States Supreme Court case regarding the standards for challenging methods of capital punishment under the Eighth Amendment to the United States Constitution. In a 5–4 decision, the Court held that when a convict sentenced to death challenges the State's method of execution due to claims of excessive pain, the convict must show that other alternative methods of execution exist and clearly demonstrate they would cause less pain than the state-determined one. The Court's opinion emphasized the precedential force of its prior decisions in Baze v. Rees and Glossip v. Gross.
In capital punishment, a volunteer is a prisoner who wishes to be sentenced to death. Often, volunteers will waive all appeals in an attempt to expedite the sentence. In the United States, execution volunteers constitute approximately 10% of prisoners on death row. Volunteers can sometimes bypass legal procedures which are designed to designate the death penalty for the most serious offenders. Other prisoners have killed in prison with the desire of receiving the death sentence. Opponents of execution volunteering cited the prevalence of mental illness among volunteers comparing it to a form of suicide. Execution volunteering has received considerably less attention and effort at legal reform than those who were exonerated after execution.
Capital punishment remains a legal penalty for multiple crimes in the Gambia. However, the country has taken recent steps towards abolishing the death penalty.
Capital punishment in Malawi is a legal punishment for certain crimes. The country abolished the death penalty following a Malawian Supreme Court ruling in 2021, but it was soon reinstated. However, the country is currently under a death penalty moratorium, which has been in place since the latest execution in 1992.
Datchinamurthy a/l Kataiah is a Malaysian man who was sentenced to death in Singapore for drug trafficking. Datchinamurthy was convicted of trafficking nearly 45g of heroin across the Woodlands Checkpoint from Malaysia to Singapore in January 2011. Having been convicted of the crime and also not certified as a courier, Datchinamurthy was sentenced to death in 2015. He had a co-accused, Christeen d/o Jayamany, who was sentenced to life imprisonment for the same offence.
Capital punishment is no longer a legal punishment in Rwanda. The death penalty was abolished in the country in 2007.
