save: murderers and innocent
victims in the future
lose: convicted murderer
save: nothing affected
lose: convicted murderer
save: convicted murderer
lose: innocent victims in the
future
save: convicted murderer
lose: nothing affected
Following this table, Conway assumes (after Van den Haag’s suggestion that the life of a convicted murderer is not valued more highly than that of the unknown victims) numerical values about each case (each numerical number stands for not a number of people but a hypothetical value for a person to be saved or killed) :
a murderer saved +5
a murderer executed -5
an innocent saved +10
an innocent murdered -10
Moreover, he assumes that for each execution, only two innocent lives are spared (i.e. he assumes the deterrent effect to be almost the minimum). Then, consequently, executing convicted murderers turns out to be a good bet (Conway 1995, pp. 265-266; Pojman 1998, pp. 40-41).
9. Negative causation and where to give priority
Van den Haag’s ‘Best Bet Argument’ sounds quite interesting. However, Conway has already proposed a fundamental challenge to this argument: it mistakenly regards the actual death of convicted murderers as being on a par with the possible death of innocent victims in the future (Conway 1995, pp. 269-270). This is confusing or possibly a rhetorical sleight of hand. I think that Conway’s reaction to Van den Haag’s argument is a reasonable one.
As I approach my conclusion, I will propose two problems with Van den Haag’s argument. First, I want to acknowledge that any arguments, including Van den Haag’s, supporting the death penalty in terms of its deterrent effect seem to presuppose a causal relationship between the existence of the death penalty and people not killing others. For example, Pojman writes, ‘the repeated announcement and regular exercise of capital punishment may have deep causal influence’ (1998, p. 48). However, epistemologically speaking, that presupposition is extremely hard to confirm, because the effect of this causal relationship is not a positive, but rather a negative event, which is the event of not killing others. This has something to do with the philosophical problem of how to understand negative properties. By negative properties we mean that, for example, my room is not full of seawater; my room does not consist of paper; my room is not melting us, etc. Such descriptions by negative properties can be made almost endlessly. In other words, one identical event described by a positive property (e.g., this room is well lit) can be re-described in infinite ways in terms of negative properties. Take the example that I am now at my computer in Tokyo, writing a paper. This event can also be described as ‘I am not eating’, ‘I am not sleeping’, ‘I am not killing others’ (!), etc. The positive event, ‘I am writing a paper now’, can be understood through a causal relationship. The event was most likely caused by my intention to do so, which was caused by my sense of duty as a professor, etc. How, then, could we understand the negative description of my action, ‘I am not killing others’? Was this caused by the existence of the death penalty in Japan?
Perhaps I was completely unaware of the existence of the death penalty in Japan when I wrote a paper without killing others. Could the death penalty be its cause? Could the negative event ‘I am not killing others’ be an effect of the death penalty? It is hard to say so.
This problem is the same as the problem of ‘causation by absence’ or ‘omission-involving causation’. Generally, causation by absence is usually examined in the form of answering a question about whether nothingness can cause something. For example, David Lewis discusses a question about how a void (understood as being entirely empty or nothing at all, differing from a vacuum) is regarded as a cause of something (Lewis 2004). He says, ‘If you were cast into a void, it would cause you to die in just a few minutes. It would suck the air from your lungs. It would boil your blood. It would drain the warmth from your body. And it would inflate enclosures in your body until they burst’ (ibid., p.277). However, the problem is that the void is nothing. ‘When the void sucks away the air, it does not exert an attractive force on the air’ (ibid.). Furthermore, another, perhaps harder problem would arise. We can say, ‘If I defended you from being cast into a void, you would not die’. Namely, my omission to defend you would cause you to die. However, should only my omission matter? What of your brother’s omission to defend you? Or the Prime Minister of the UK’s omission to defend you? Are not all of those qualified to be the cause of your death, as least as long as we adopt a common-sense counterfactual analysis of causation? As this argument suggests, in the context of the current debate on this problem, the most troublesome phase is that ‘too many’ absences can be supposed to cause a particular effect. I quote Menzies, who says (2004, p.145):
I am writing this essay at my computer. If, however, there were nerve gas in the air, or I were attacked with flamethrowers, or struck by a meteor shower, I would not be writing the essay. But it is counterintuitive to say that the absence of nerve gas, flamethrower attack, and meteor strike are causes of my writing the essay.
This example takes the issue of absence as a cause, but simultaneously his example refers to the case of effect as absence (not writing the essay). As this shows, the current debate on the problem of causation by absence could extend to the case of effect as absence. In any case, what matters is a possibility that ‘too many’ absences can cause something, and something can cause ‘too many’ absences (Menzies calls this problem ‘the problem of profligate causation’ (ibid., pp.142-145). Then the deterrent effect of the death penalty is definitely classified as a case of absence as effect rather than cause. In other words, the absence of homicide (as effect) matters, whereas in this case execution (as cause) is presupposed to exist. It seems that the current debate on causation by absence is highly likely to contribute to discussing the problem of the deterrent effect.
Of course, someone may counter my argument by saying that what matters in this context is a statistical correlation between the number of executions and the number of homicides, which could be confirmed in an empirical way. I admit that the statistical correlation plays a crucial role here, even though we must simultaneously acknowledge that what is called ‘randomized controlled trial’, the most reliable, statistical methodology to confirm causal relations, is unfeasible due to the nature of the problem. Actually, this kind of correlation is too rough to predict the causal relationship between those, although the causation really matters. Causes of a reduction or increase in the number of homicides can be interpreted or estimated in various ways, considering confounding factors, such as education, economic situation, urban planning, and so on. Therefore, in principle, there always remains the possibility that the apparent correlation between the death penalty and the reduction of homicides is merely accidental. For example, there may be another, common cause, that brings about both people’s tendency to support the death penalty and the reduction of homicides 9 . We should recognise that there is intrinsic uncertainty here. These difficulties concerning causal relations give rise to a fourth problem related to the death penalty debates – the Uncertainty of Causal Consequences.
Incidentally, let me now return to my distinction of the three stages regarding the death penalty. Obviously, the issue of the deterrent effect belongs primarily to the Danger Stage. Yet it is vital to consider the Harm Stage. How can the deterrent effect affect the Harm Stage? I must say that the retentionist’s argument, in terms of the deterrent effect of the death penalty, completely dismisses this essential point. We need only recall the analogy of the 2011 quake in Japan. ‘Retentionism’ based upon the deterrent effect corresponds to aspect (3), where the improvement of the preventive system matters. This is important, of course, but cannot be a priority. Priority lies in the issues of how to deal with the actual harm that the victims have already suffered (specifically referring to the bereaved family or others in the case of homicide and the death penalty). Without consideration of how to cope with the harm, even if the theory seriously considers the innocent victims in the future, the retentionists’ theory can hardly be persuasive.
It is true that the retentionists’ theory based on the deterrent effect appropriately considers the person harmed in the process of punishment. For example, Walker considers such a phase in the process of punishment as one of the possible objections against retentionism based on the deterrent effect by saying: ‘if the benefit excludes the person harmed this too is nowadays regarded by many people as morally unacceptable’ (Walker 1980, p. 65). However, as the context clearly shows, by ‘the person harmed’ he means the person punished. He does not mention the initial harm suffered by victims. This problem is concerned with my previous claim; that is, we have to consider the ‘whom-question’ when we discuss the justification of punishment. Whom are we discussing? Whose benefit do we consider? In the face of victims before our eyes, can we emphasise only the improvement of preventive systems for the future? Evidently, actual victims are the first to be helped, although obviously it is not at all bad to simultaneously consider the preventive system in the future. It is necessary for us to respect basic human rights and the human dignity of perpetrators and innocent people in the future; however, that respect must be in conjunction with our first taking care of actual victims. We ought not to get our priorities wrong.
10. Prospects
I have indicated that the debates on the death penalty are inevitably surrounded by four problems over specific kinds of uncertainties: uncertainty concerning the victim of homicide, uncertainty in justifying the death penalty from the feeling of being victimised, uncertainty in justifying the death penalty on the basis of human rights, and uncertainty over negative causation. In the course of examining these problems, I have proposed the option of developing an ‘impossibilist’ position about the death penalty, which I am convinced, deserves further investigation. However, being surrounded by theoretical problems and uncertainties might be more or less true of any social institution. My aim is only to suggest how the death penalty should be understood as involving uncertainties from a philosophical perspective. Most likely, if there is something practical that I can suggest based on my argument, then what we might call a ‘Harm-Centred System’ may be introduced as a relatively promising option instead of, or in tandem with, the death penalty. What I mean by this is a system in which we establish as a priority redressing actual harm with regard to legal justice, where ‘actual harm’ only implies what the bereaved family suffer from, as the direct victims have already disappeared in the case of homicide. In other words, I think that something akin to the maximalist approach to restorative justice 10 or some hybrid of the traditional justice system and the restorative justice system should be seriously considered, although we cannot expect perfect solutions exempt from all of the above four problems. It is certainly worth considering whether some element of restorative justice can play a significant role in the best theory of punishment.
In any case, my argument is at most a philosophical attempt to address problems. How to apply it to the practice of the legal system is a question to be tackled in a future project.
Bazemore, G. and Walgrave, L. 1999 (1). ‘Introduction: Restorative Justice and the International Juvenile Justice Crisis’. In Restorative Juvenile Justice: Repairing the Harm of Youth Crime , eds. G. Bazemore and L. Walgrave, Criminal Justice Press, 1-13.
———. 1999 (2). ‘Restorative Juvenile Justice: In Search of Fundamentals and an Outline for System Reform’. In Restorative Juvenile Justice: Repairing the Harm of Youth Crime , eds. G. Bazemore and L. Walgrave, Criminal Justice Press, 45-74.
Beyleveld, D. 1979. ‘Identifying, Explaining and Predicting Deterrence’. British Journal of Criminology 19:3, 205–224.
Calvert, B. 1993. ‘Locke on Punishment and the Death Penalty’. Philosophy 68:264,, 211–229.
Collins, J., N. Hall, and L. A. Paul. 2004. Causation and Counterfactuals. MIT Press.
Conway, D. A. 1995 (originally 1974). ‘Capital Punishment and Deterrence: Some Considerations in Dialogue Form’. In Punishment: A Philosophy and Public Affairs Reader , eds. J. Simmons, M. Cohen, J. Cohen, and C. R. Beitz. Princeton University Press, 261–273.
Diogenes Laertius. 1925. Lives of Eminent Philosophers. Vol. 2. Trans. R. D. Hicks. Loeb Classical Library. William Heinemann Ltd.
Ehrlich, I. 1975. ‘The Deterrent Effect of Capital Punishment: A Question of Life and Death’. American Economic Review 65:3, 397–417.
Fagan, A. 2016. ‘Human Rights’. In Chase B. Wrenn, The Internet Encyclopedia of Philosophy, ISSN 2161-0002. Available from http://www.iep.utm.edu/hum-rts/#H2 [Accessed 12 June 2017]
Fischer, J. M., ed. 1993. The Metaphysics of Death . Stanford University Press.
Goldman, A. H. 1995 (originally 1979). ‘The Paradox of Punishment’. In Punishment: A Philosophy and Public Affairs Reader , eds. J. Simmons, M. Cohen, J. Cohen, and C. R. Beitz. Princeton University Press, 30–46.
Hart, H. L. A. 1982. Essays on Bentham: Jurisprudence and Political Theory . Oxford University Press.
Ichinose, M. 2013. ‘Hybrid Nature of Causation’. In T. Uehiro, Ethics for the Future of Life: Proceedings of the 2012 Uehiro-Carnegie-Oxford Ethics Conference , the Oxford Uehiro Center for Practical Ethics, University of Oxford, 60-80.
———. 2016. ‘A Philosophical Inquiry into the Confusion over the Radiation Exposure Problem’. Journal of Disaster Research 11: No.sp, 770-779.
Lewis, D. 2004. ‘Void and Object’. In J. Collins, N. Hall, and L. A. Paul, Causation and Counterfactuals . MIT Press, 277–290.
Locke, J. 1960. Two Treatises of Government , ed. P. Laslett, Cambridge University Press.
———. 1975. An Essay concerning Human Understanding , ed. P. H. Nidditch. Oxford University Press.
Menzies, P. 2004. ‘Difference-Making in Context’. In J. Collins, N. Hall, and L. A. Paul, Causation and Counterfactuals . MIT Press, 139–180.
Pojman, L. P., and J. Reiman. 1998. The Death Penalty: For and Against. Rowman &Littlefield Publishers, Inc.
Scanlon, T. M. 1982. ‘Contractualism and utilitarianism’. In A. Sen and B. Williams, Utilitarianism and Beyond . Cambridge University Press, 103-128.,
Simmons, A. J. 1994. ‘Locke on the Death Penalty’. Philosophy 69:270, 471–477.
Strawson, G. 2008. ‘The Impossibility of Ultimate Moral Responsibility’. In Real Materialism. Oxford University Press, 319–331.
Tonry, M. 1994. ‘Proportionality, Parsimony, and Interchangeability of Punishments’. In A Reader on Punishment , eds. A. Duff and D. Garland. Oxford University Press, 133–160.
Van den Faag, E. 1995 (originally 1969). ‘On Deterrence and the Death Penalty’. In Punishment and the Death Penalty: The Current Debate , eds. R. M. Baird and S. E. Rosenbaum. Prometheus Books.
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Walen, A, 2015. ‘Retributive Justice’. The Stanford Encyclopedia of Philosophy (Summer 2015 Edition), Edward N. Zalta (ed.). Available from http://plato.stanford.edu/archives/sum2015/entries/justice-retributive/ [Accessed 12 June 2017]
Walker, N. 1980. Punishment, Danger and Stigma: The Morality of Criminal Justice . Barnes & Noble Books.
1. Strangely, few Locke scholars have seriously tried to understand the Lockean meaning of punishment, which is developed in his Second Treatise ,(Locke 1960), in the light of his theory of personal identity based upon ‘consciousness’, which is discussed in his Essay Concerning Human Understanding . Taking into account the fact that ‘person’ appears as the key word in both works of Locke, we must bridge the gap between his two works by rethinking the universal significance of ‘person’ in his arguments. There were, however, some controversies concerning how Locke evaluates the death penalty. See Calvert (1993) and Simmons (1994).
2. There is an additional question about whether justification is needed after the execution when the convict is no longer around, in addition to ‘before’ and ‘during’. According to my understanding of justification, the process of justification must begin with making each person concerned understand what there is no reason to reject, but that is just a starting, necessary point. Justification must go beyond the initial phase to acquiring general consent from society. In this sense, justification seems to be needed even ‘after’ the execution. Actually, if there is no need for justification after the execution, that sounds less like punishment based on a system of justice than merely physical disposal.
3. Is it true that the death penalty is the ultimate punishment? Can we not suppose that the death penalty is less harmful than a life sentence or very lengthy incarceration? However, this view regarding the death penalty as less harmful than a lifelong sentence could lead to a paradox. If this order of severity as punishment is valid, it may be possible to reduce the lifelong sentence (due to an amnesty, some consideration on the prisoner’s rehabilitation, or something like that) to the death penalty. If this is the case, prisoners given the lifelong sentence will not make an effort at all to rehabilitate themselves, due to fear of the sentence being reduced to the death penalty. In addition, if a person is likely to be sentenced to death, the person might try to commit a more heinous crime, perhaps even in the court in order to be given a more severe sentence, i.e. a life sentence in prison. That is a paradox drawn from human nature.
4. On the current debates on ‘HTD’ of Epicurus, see Fischer (1993). Of course, there are lots of objections against the Epicurean view. The most typical objection is that death deprives people of their chance to enjoy life, and therefore death is harmful. However, it seems to me that “whom-question” must be raised again here. To whom is the deprivation of this chance harmful? In any case, the metaphysics of death is a popular topic in contemporary philosophy, which should involve not only metaphysical issues but also ethical and epistemological problems.
5. In fact, the hardships suffered by those forced to flee to shelters constituted the main problem resulting from the nuclear power plants accident. In general, radiation exposure is the most well-known problemarising from nuclear power plant accidents, but it is not always the case. In particular in the case of the Fukushima nuclear power plant accident in Japan, the overestimation of the danger of radiation exposure, and evacuation activities resulting from that overestimation, caused the biggest and the most serious problems including many of the deaths. We always have to take the risk-tradeoff into account. Radiation exposure is just one risk, and is not the only risk to be considered. See Ichinose (2016).
6. The notion of parsimony was newly offered to avoid a fundamental drawback of the standard retributive system, whether based on cardinal or ordinal proportionality: the standard system tends to inflict excessive, cruel punishment, as its criterion of measuring wrongness is not exempt from being arbitrary. In contrast, the newly offered system could hold inflicted punishment ‘as minimally as possible, consistent with the vague limits of cardinal desert’ (Walen 2015) in terms of introducing an idea of parsimony. The notion of parsimony could make the retributive system of punishment more reasonable and humane while retaining the idea of retribution.
7. Roger Crisp kindly pointed out that it is worth considering an institutional justification according to which punishment wouldn’t have to be tailored to a particular case. In this view, it is sufficient that death is generally bad for both victims and perpetrators. I do not deny the practical persuasiveness of this view. However, from a more philosophical point of view, we should propose a question ‘how can we know that death is generally bad for victims of homicide?’ Following HTD, which is certainly one possible philosophical view, death is not bad at all, regardless of whether we talk about general issues or particular cases, as an agent to whom something is bad or not disappears by dying by definition. Of course, as long as we exclusively focus upon harm which the bereaved family or the society in general suffer, the institutional justification could make good sense, although in that case the issue of direct victims killed would remain untouched.
8. Additionally, my analogy with natural disasters, particularly the case of the 2011 quake, could be re-confirmed to be appropriate in the sense of presenting a similar kind of uncertainty to the case of the death penalty. The danger of constant exposure to low doses of radiation for long periods involves some uncertainty, as far as we now know. Fortunately, however, the dose of radiation to which the people of Fukushima were exposed as a result of the 2011 quake, internally and externally, was low enough for us to be certain, based upon past epidemiological research, that no health problems will arise in the future. Regarding radiation exposure, everything depends upon the level of dose. The smaller the dose, the less dangerous it is.
9. On negative causation and the possibility of common cause, see Ichinose (2013). In particular, my argument on negative causation concerning the death penalty rests on my argument of Ichinose (2013).
10. According to Bazemore and Walgrave, ‘restorative justice is every action that is primarily oriented towards doing justice by repairing the harm that has been caused by a crime (Bazemore and Walgrave 1999 (2), p.48). Restorative justice, that is to say, is a justice system that mainly aims at restoring or repairing the harm of offences rather than punishing offenders as the retributive justice system does. Initially, restorative justice has been carried out by holding ‘a face-to-face meeting between the parties with a stake in the particular offense’ (ibid.) like victim, offenders, or victimised communities. However, this type of justice system works only in a complementary way to the traditional system of retributive justice. Then, the maximalist approach to restorative justice was proposed, which seeks to develop ‘restorative justice as a fully-fledged alternative’(Bazemore and Walgrave 1999 (1). Introduction. P.8) to retributive justice. This approach ‘will need to include the use of coercion and a formalization of both procedures and the relationship between communities and society’ (ibid., p.9.)
Does the death penalty stop crime? Does it give victims justice? Is there a humane way to execute? Get your facts straight about the death penalty with Amnesty’s top 10 FAQs on capital punishment.
The death penalty violates the most fundamental human right – the right to life. It is the ultimate cruel, inhuman and degrading punishment .
The death penalty is discriminatory. It is often used against the most vulnerable in society, including the poor, ethnic and religious minorities, and people with mental disabilities. Some governments use it to silence their opponents. Where justice systems are flawed and unfair trials rife, the risk of executing an innocent person is ever present.
When the death penalty is carried out, it is final. Mistakes that are made cannot be unmade. An innocent person may be released from prison for a crime they did not commit, but an execution can never be reversed .
They do. Those who have lost loved ones in terrible crimes have a right to see the person responsible held to account in a fair trial without recourse to the death penalty. In opposing the death penalty, we are not trying to minimize or condone crime. But as many families who have lost loved ones have said, the death penalty cannot genuinely relieve their suffering. It just extends that suffering to the family of the condemned person.
“Revenge is not the answer. The answer lies in reducing violence, not causing more death’ -Marie Deans, whose mother-in-law was murdered in 1972.
No. Executing someone because they’ve taken someone’s life is revenge, not justice.
An execution – or the threat of one –inflicts terrible physical and psychological cruelty. Any society which executes offenders is committing the same violence it condemns .
Not according to the research. There is no credible evidence that the death penalty deters crime more effectively than a prison term. In fact, crime figures from countries which have banned the death penalty have not risen. In some cases they have actually gone down . In Canada, the murder rate in 2008 was less than half that in 1976 when the death penalty was abolished there.
Governments often resort to the death penalty in the aftermath of violent attacks, to demonstrate they are doing something to “protect” national security. But the threat of execution is unlikely to stop men and women prepared to die for their beliefs – for example, suicide bombers. Executions are just as likely to create martyrs whose memory becomes a rallying point for their organizations.
People accused of “terrorism” are especially likely to be sentenced to death after unfair trials . Many are condemned on the basis of “confessions” extracted through torture . In some cases, special or military courts set up through counter-terrorism laws have sentenced civilians to death, undermining international standards.
‘The death penalty is a cheap way for politically inclined people to pretend to their fearful constituencies that something is being done to combat crime.” Jan van Rooyen, South African law professor
Every day, men, women, even children, await execution on death row. Whatever their crime, whether they are guilty or innocent, their lives are claimed by a system of justice that values retribution over rehabilitation. As long as a prisoner remains alive, he or she can hope for rehabilitation, or to be exonerated if they are later found to be innocent .
Any form of execution is inhumane. The lethal injection is often touted as somehow more humane because, on the surface at least, it appears less grotesque and barbaric than other forms of execution such as beheading, electrocution, gassing and hanging.
But the search for a “humane” way to kill people should be seen for what it really is – an attempt to make executions more palatable to the public in whose name they are being carried out, and to make the governments that execute appear less like killers themselves.
Human rights – including the most basic right to life – are universal and endorsed by the vast majority of countries in the world. Our call to end the death penalty is consistent with the mercy, compassion and forgiveness that all major world religions emphasize. To date, 140 countries have abolished the death penalty in law or in practice, demonstrating that the desire to end capital punishment is shared by cultures and societies in almost every region in the world.
Strong public support for the death penalty often goes hand in hand with a lack of reliable information about it – most often the mistaken belief that it will reduce crime. Many governments are quick to promote this erroneous belief even though there is no evidence to support it. Crucial factors that underlie how the death penalty is applied are often not understood. These include the risk of executing an innocent person, the unfairness of trials, and the discriminatory nature of the death penalty – all of which contribute to a fully informed view of capital punishment.
We believe governments need to be open about this information, while promoting respect for human rights through public education programmes. Only then can there be meaningful debate on the death penalty.
Still the decision to execute someone cannot be decided by public opinion. Governments must lead the way.
Yes. Global executions fell by almost one-third last year to the lowest figure in at least a decade.
Following a change to its anti-narcotics laws, executions in Iran – a country where the use of the death penalty is rife – fell by a staggering 50%. Iraq, Pakistan and Somalia also showed a significant reduction in the number they carried out. As a result, execution figures fell globally from at least 993 in 2017, to at least 690 in 2018.
The statistics, from Amnesty’s 2018 global review of the death penalty , (PDF, 6MB) assess known executions worldwide except in China, where figures thought to be in their thousands remain classified as a state secret.
Learn more about Amnesty International Australia’s campaigns to end the death penalty and how you can help save lives today.
Watch CBS News
July 31, 2024 / 1:56 PM EDT / CBS/AP
South Carolina can execute death row inmates by firing squad, lethal injection or the electric chair, the state's high court ruled Wednesday, opening the door to restart executions after more than a decade.
All five justices agreed with at least part of the ruling. But two of the justices said they felt the firing squad was not a legal way to kill an inmate and one of them felt the electric chair is a cruel and unusual punishment.
The state allowing inmates to choose from the three execution methods is far from an effort to inflict pain but a sincere attempt at making the death penalty less inhumane, Justice John Few wrote in the majority opinion.
"Choice cannot be considered cruel because the condemned inmate may elect to have the State employ the method he and his lawyers believe will cause him the least pain," Few wrote .
As many as eight inmates may be out of traditional appeals. It is unclear when executions could restart or whether lawyers for death row inmates can appeal the ruling.
Gov. Henry McMaster said the justices interpreted the law correctly. "This decision is another step in ensuring that lawful sentences can be duly enforced and the families and loved ones of the victims receive the closure and justice they have long awaited," he said in a statement.
Lawyers for the death row inmates said they were reviewing the 94-page ruling before commenting.
This decision follows arguments from lawyers representing a group of people on death row that the electric chair and firing squad are cruel and unusual punishments.
South Carolina has executed 43 inmates since the death penalty was restarted in the U.S. in 1976. Nearly all inmates have chosen lethal injection.
South Carolina hasn't performed an execution since 2011. The state's supplies of drugs for lethal injections expired and no pharmaceutical companies would sell more if they could be publicly identified.
The nation's ongoing nationwide shortage of lethal injection drugs has also prompted states like South Carolina to turn to alternative execution methods like death by firing squad.
Lawmakers authorized the state to create a firing squad in 2021 to give inmates a choice between it and the old electric chair, which the law designated as the default execution method if lethal injection drugs were unavailable. The inmates sued, saying either choice was cruel and unusual punishment prohibited by the Constitution.
In spring 2023, the Legislature passed a shield law to keep lethal injection drug suppliers secret and the state announced in September it had the sedative pentobarbital and changed the method of lethal injection execution from using three drugs to just one.
The state's high court allowed the inmates to add arguments that the shield law was too secret by not releasing the potency, purity and stabilization of lethal injection drugs.
The state said in its argument before the state Supreme Court in February that lethal injection, electrocution and firing squad all fit existing death penalty protocols. "Courts have never held the death has to be instantaneous or painless," wrote Grayson Lambert, a lawyer for Gov. McMaster's office.
But lawyers for the inmates asked the justices to agree with Circuit Judge Jocelyn Newman who stopped executions with the electric chair or firing squad.
She cited the inmates' experts, who testified at a trial that prisoners would feel terrible pain whether their bodies were "cooking" by 2,000 volts of electricity in the chair, built in 1912, or if their hearts were stopped by bullets — assuming the three shooters were on target — from the yet-to-be used firing squad.
The first scheduled execution by firing squad was slated for April 2022 but did not come to pass after the state's highest court issued a temporary order.
On the shield law, the attorneys for the inmate said they need to know if there is a regular supplier for the drug since it typically only has a shelf life of 45 days and what guidelines are in place to test the drug and make sure it is what the seller claims.
Too weak, and inmates may suffer without dying. Too strong, and the drug molecules can form tiny clumps that would cause intense pain when injected, according to court papers.
"No inmate in the country has ever been put to death with such little transparency about how he or she would be executed," Justice 360 lawyer Lindsey Vann wrote.
Lawyers for the inmates did tell the justices in February that lethal injection appears to be legal when it follows proper protocols, with information about the drug given to the condemned in a manner that matches what other states and the federal government use.
South Carolina used to carry out an average of three executions a year and had more than 60 inmates on death row when the last execution was carried out in 2011. According to the Death Penalty Information Center , there are now 35 inmates on South Carolina's death row.
Prosecutors have sent only three new prisoners to death row in the past 13 years. Facing rising costs, the lack of lethal injection drugs and more vigorous defenses , they are choosing to accept guilty pleas and life in prison without parole.
WASHINGTON – An al Qaeda operative jailed at Guantanamo prison for nearly two decades and considered to be the mastermind behind the 9/11 attacks has pleaded guilty along with two of his lieutenants in the terror organization, the U.S. Department of Defense said in a letter to victims' families Wednesday.
The letter, obtained by USA TODAY, said Khalid Sheikh Mohammed and two of his top lieutenants agreed to plead guilty "in exchange for the removal of the death penalty as a possible punishment."
"These three accused have agreed to plead guilty to all of the charged offenses, including the murder of the 2,976 people listed in the charge sheet, and to be later sentenced by a panel of military officers," according to the letter from the Department of Defense's Office of the Chief Prosecutor for Military Commissions.
Mohammed, or KSM as he is called by U.S. intelligence agents, is described as the “ principal architect of the 9/11 attacks ” in the 2004 report by the 9/11 Commission. Two of his accomplices in the planning for the 9/11 attack, Walid Bin Attash and Mustafa al-Hawasawi, also entered into plea agreements Wednesday, the DOD said in a statement .
All three men have been in U.S. custody since 2003 , spending time at Guantanamo and prisons overseas.
Mohammed is described in court papers as an al-Qaeda militant and the principal architect of the 9/11 assault on New York's World Trade Center and the Pentagon outside Washington. Nearly 3,000 people died in the attacks, which launched a U.S. offensive labeled the War on Terror.
Federal authorities captured him in his native Pakistan native in 2003 and he was imprisoned at Guantanamo Bay in 2006.
Defense officials told families in the Wednesday letter that they will have an opportunity to speak at a summer 2025 sentencing hearing about the impact that the 9/11 attacks had on their loved ones.
"We recognize that the status of the case in general, and this news in particular, will understandably and appropriately elicit intense emotion, and we also realize that the decision to enter into a pre-trial agreement will be met with mixed reactions amongst the thousands of family members who lost loved ones," the letter said. "The decision to enter into a pre-trial agreement after 12 years of pre-trial litigation was not reached lightly; however, it is our collective, reasoned, and good-faith judgment that this resolution is the best path to finality and justice in this case."
The Department of Defense first disclosed last year that prosecutors were working on a plea deal that would spare Mohammed and his accomplices their lives.
Many 9/11 families slammed the potential agreement at that time, telling USA TODAY it amounted to a slap in the face to families seeking answers and accountability.
"The fact that there are now potential plea deals being offered right at the anniversary, it’s just a horrible, terrible feeling of betrayal,” Terry Strada told USA TODAY in the story. Strada's husband Tom died on the 104th floor of the World Trade Center’s North Tower. “I mean, justice has not been served in two decades. How much more do they expect the families to be able to take? People are dying without seeing justice done.”
President Joe Biden also issued a statement when the plea deals were first proposed, saying he concurred with the Secretary of Defense Lloyd Austin’s recommendation not to accept deals suggested by the 9/11 defendants and their lawyers.
“The Administration,” the White House said in a 2023 statement to USA TODAY, “is committed to ensuring that the military commissions process is fair and delivers justice to the victims, survivors, families, and those accused of crimes.”
Investigators who worked on the case argued a plea agreement would deprive the public of the kind of official record produced in open court.
"The American people deserve to hear what the evidence is and not be satisfied with the fact that their government is telling them, well, we have these people, and they are guilty,” former FBI Agent Frank Pellegrino told USA TODAY at the time.
In CIA custody, interrogators subjected Mohammed to “enhanced interrogation techniques” including waterboarding him 183 times, according to the Senate Intelligence Committee's 2014 report on the agency’s detention and interrogation programs .
The 9/11 Commission report describes Mohammed as “highly educated” and the “model of the terrorist entrepreneur.”
KSM orchestrated various terrorist plots, according to the report, including “car bombing, political assassination, aircraft bombing, hijacking, reservoir poisoning, and, ultimately, the use of aircraft as missiles guided by suicide operatives.”
He grew up in Kuwait but traces his ethnic roots to the Baluchistan region between Pakistan and Iran, the report says. He was raised in a religious family, joined the Muslim Brotherhood at 16 and became “enamored of violent jihad at youth camps in the desert.”
In 1983, he moved from Kuwait to the U.S. to attend Chowan College, a small Baptist school in North Carolina. He transferred a semester later to North Carolina Agricultural and Technical State University in Greensboro and earned a degree in December 1986, the report says.
KSM took up the anti-Soviet Afghan cause soon after graduating, according to the 9/11 Commission. He traveled to Peshawar, Pakistan, where he fell in with notable Afghan mujahideen, or holy warriors, who became his mentors.
Three men accused of plotting the 9/11 attacks, including alleged mastermind Khalid Sheikh Mohammed, have reached plea agreements in the military commissions process, officials said Wednesday.
Mohammed, Walid Muhammad Salih Mubarak Bin 'Attash and Mustafa Ahmed Adam al Hawsawi are scheduled to appear at a hearing at Guantánamo Bay, Cuba, next week, according to the Office of Military Commissions.
The details of the plea agreement are unclear, but the defendants are expected to plead guilty to lesser charges that could spare them the death penalty.
They are not likely to be sentenced for months.
The plea agreement was negotiated between the accused and their attorneys and the Convening Authority for Military Commissions, Susan Escallier.
Mohammed and several other defendants, including the two others included the plea agreement, were initially charged and arraigned in 2008 in connection with their alleged roles in the attack, the Defense Department said in a statement.
Mohammed was charged with war crimes and murder in connection with the nearly 3,000 people who died in the attacks. He was captured in Pakistan in 2003 and held with other Al Qaeda detainees at Guantánamo Bay.
Defense lawyers for those held at the military prison in Cuba have criticized the government for years of delays that have stalled their cases.
Some lawyers have attributed the delays to the government’s seeking to cover up details of torture of detainees at secret CIA prisons before they were moved to Guantánamo.
Military prosecutors have blamed defense lawyers for the delays, saying in court papers that they have filed a significant number of motions challenging the government's evidence.
In a statement Wednesday, an official with Amnesty International USA called the agreement "welcome news" that will prompt some accountability for the 9/11 attacks and justice for its victims and survivors.
"We are also pleased that there is finally an outcome for at least some of the accused, who were tortured and then languished in detention without trial for more than two decades," Daphne Eviatar, director of group's Security with Human Rights program.
Eviatar said the announcement should mark the "beginning of the end" for the military prison.
The Biden administration has sought to quietly close Guantánamo . By last year, the number of people held at the facility was 30 , down from the nearly 800 who were there at its peak.
Tim Stelloh is a breaking news reporter for NBC News Digital.
Courtney Kube is a correspondent covering national security and the military for the NBC News Investigative Unit.
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Word of the deal emerged in a letter from prosecutors to family members of victims of the attacks.
By Carol Rosenberg
Reporting from Guantánamo Bay, Cuba
The man accused of plotting the attacks of Sept. 11, 2001, and two of his accomplices have agreed to plead guilty to conspiracy and murder charges in exchange for a life sentence rather than a death-penalty trial at Guantánamo Bay, Cuba, prosecutors said Wednesday.
Prosecutors said the deal was meant to bring some “finality and justice” to the case, particularly for the families of nearly 3,000 people who were killed in the attacks in New York City, at the Pentagon and in a Pennsylvania field.
The defendants Khalid Shaikh Mohammed , Walid bin Attash and Mustafa al-Hawsawi reached the deal in talks with prosecutors across 27 months at Guantánamo and approved on Wednesday by a senior Pentagon official overseeing the war court.
The men have been in U.S. custody since 2003. But the case had become mired in more than a decade of pretrial proceedings that focused on the question of whether their torture in secret C.I.A. prisons had contaminated the evidence against them.
Word of the deal emerged in a letter from war court prosecutors to Sept. 11 family members.
“In exchange for the removal of the death penalty as a possible punishment, these three accused have agreed to plead guilty to all of the charged offenses, including the murder of the 2,976 people listed in the charge sheet,” said the letter, which was signed by Rear Adm. Aaron C. Rugh , the chief prosecutor for military commissions, and three lawyers on his team.
The letter said the men could submit their pleas in open court as early as next week.
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IMAGES
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COMMENTS
In the July Opinion essay "The Death Penalty Can Ensure 'Justice Is Being Done,'" Jeffrey A. Rosen, then acting deputy attorney general, makes a legal case for capital punishment:
Top 10 Pro & Con Arguments. 1. Legality. The United States is one of 55 countries globally with a legal death penalty, according to Amnesty International. As of Mar. 24, 2021, within the US, 27 states had a legal death penalty (though 3 of those states had a moratorium on the punishment's use).
About the Death Penalty. Arguments for and Against the Death Penalty; Stages in a Capital Case; History of the Death Penalty; Methods of Execution; State by State Data. Interactive U.S. Maps; State Summaries; Table of State Comparisons; Courtroom Cases. Would You Be Chosen to Serve on a Jury? Lesley Gosch, 1985; Kenneth Junior French, 1993 ...
Capital punishment - Arguments, Pros/Cons: Capital punishment has long engendered considerable debate about both its morality and its effect on criminal behaviour. Contemporary arguments for and against capital punishment fall under three general headings: moral, utilitarian, and practical. Supporters of the death penalty believe that those who commit murder, because they have taken the life ...
As John Duncan was dying of cancer in 2018, he asked family members to promise they would witness the execution on his behalf. On July 17, they did. "Finally," they said in a statement ...
March 20, 2019. In 2018, the United States executed 25 people and over 2,700 prisoners remain on "death row.". It is one of only 56 nations in the world that still practice capital punishment ...
capital punishment in the United States. (Show more) capital punishment, execution of an offender sentenced to death after conviction by a court of law of a criminal offense. Capital punishment should be distinguished from extrajudicial executions carried out without due process of law. The term death penalty is sometimes used interchangeably ...
Despite the overwhelming global trend against executions, a number of reasons for the death penalty continue to come up. Here is my attempt to respond to them. 1. We need to be 'tough on crime'. Everyone agrees that crime is bad and we need to stop it. This seems sensible and logical in every way, until we ask the question: do we need the ...
The Case Against the Death Penalty. Document Date: December 11, 2012. The American Civil Liberties Union believes the death penalty inherently violates the constitutional ban against cruel and unusual punishment and the guarantees of due process of law and of equal protection under the law. Furthermore, we believe that the state should not give ...
Download a PDF version of Death Penalty Questions and Answers >>. Since our nation's founding, the government -- colonial, federal, and state -- has punished a varying percentage of arbitrarily-selected murders with the ultimate sanction: death. More than 14,000 people have been legally executed since colonial times, most of them in the early ...
The idea of capital punishment was brought over from Britain, when the founding fathers declared independence. Our ancestors loved the idea of the death penalty, since it was a common part of life. Europeans gave the death penalty for various crimes. The first recorded execution in America occurred in Jamestown, 1608.
The data in the most recent survey, collected from Pew Research Center's online American Trends Panel (ATP), finds that 60% of Americans favor the death penalty for persons convicted of murder.Over four ATP surveys conducted since September 2019, there have been relatively modest shifts in these views - from a low of 60% seen in the most recent survey to a high of 65% seen in September ...
1. Strangely, few Locke scholars have seriously tried to understand the Lockean meaning of punishment, which is developed in his Second Treatise,(Locke 1960), in the light of his theory of personal identity based upon 'consciousness', which is discussed in his Essay Concerning Human Understanding.Taking into account the fact that 'person' appears as the key word in both works of Locke ...
Despite witnessing a general decline in the use of the death penalty globally (Amnesty International, 2020; Hood and Hoyle, 2015), there remain considerable differences in levels of public support for its use across world nations.This includes disparities in levels of support for the death penalty across retentionist and abolitionist nations, with some abolitionist nations showing higher ...
I feel the death penalty should only be used for the crime of murder and no other crime, such as rape. (Retribution) 3.05: 1.28: 2.88: 1.31: −0.78 The death penalty is a more effective deterrent than life imprisonment. (Deterrence) 2.73: 1.27: 2.71: 1.36: −0.16 I become angry when a convicted murderer does not receive the death penalty ...
There is no credible evidence that the death penalty deters crime more effectively than a prison term. In fact, crime figures from countries which have banned the death penalty have not risen. In some cases they have actually gone down. In Canada, the murder rate in 2008 was less than half that in 1976 when the death penalty was abolished there. 5.
Major arguments against the death penalty focus on its inhumaneness, lack of deterrent effect, continuing racial and economic biases, and irreversibility. Proponents argue that it represents a just retribution for certain crimes, deters crime, protects society, and preserves the moral order. 381 Park Avenue South, New York, NY 10016, United States.
To the Editor: Re "If Not the Parkland Shooter, Who Is the Death Penalty For?," by Robert Blecker (Opinion guest essay, Oct. 29): I agree with much of what Mr. Blecker writes, and would ...
Melissa Lucio's delayed execution sparks debate over death penalty in the U.S. 08:37 South Carolina can execute death row inmates by firing squad, lethal injection or the electric chair, the state ...
Mohammed is described in court papers as an al-Qaeda militant and the principal architect of the 9/11 assault on New York's World Trade Center and the Pentagon outside Washington. Nearly 3,000 ...
South Carolina has executed 43 inmates since the death penalty was restarted in the US in 1976. ... But lawyers for the inmates asked the justices to agree with Circuit Judge Jocelyn Newman who ...
Khalid Sheikh Mohammed and the two other defendants are expected to plead guilty to lesser charges that could spare them the death penalty. IE 11 is not supported. For an optimal experience visit ...
Word of the deal emerged in a letter from war court prosecutors to Sept. 11 family members. "In exchange for the removal of the death penalty as a possible punishment, these three accused have ...