Tab 1 lists
Tab 2 lists
Tab 3 provides a set of
Capital Punishment in the United States
Death Penalty Remains Subject of Debate in United States:
In the United States, the death penalty, or capital punishment,
may be prescribed by Congress for federal capital crimes and by
some states for murder and violent crimes. Arguments in favor of
the death penalty in the United States include deterrence and
retribution. Opponents say that the risk of executing the
innocent should preclude use of the death penalty.
The number of executions in the United States in 2006 dropped
to its lowest number in 10 years, in part due to legal
challenges resulting in many states reviewing their capital
punishment policies and procedures.
Due to concerns over how lethal injections are administered,
some states are reviewing the process to ensure that lethal
injection does not violate the U.S. Constitution's Eighth
Amendment provision against cruel and unusual punishment.
Courts throughout the country, including the U.S. Supreme Court,
made a number of rulings during 2006 that have impacted state
capital punishment policies.
The court's unanimous June 12, 2006, ruling in Hill v. McDonough
determined that inmates can challenge lethal injections as a
civil rights issue. However, the judges did not rule on whether
this method of execution constitutes cruel and unusual
punishment.
Death penalty in U.S. Law:
The U.S. Supreme Court has upheld use of the death penalty for
the most serious crimes provided that its use is in accordance
with procedural guarantees of the U.S. Constitution and relevant
state constitutions.
Death penalty for juveniles:
A closely divided Supreme Court ruled March 1, 2005 that the
death penalty cannot be imposed on youthful murderers who were
not yet 18 years of age at the time they committed the crimes,
ending a practice used in 19 of the U.S. states.
Capital punishment for the mentally ill and the mentally
retarded
Mentally retarded: In October 2005, the court upheld the right of individual U.S. states to establish their own guidelines for determining whether a defendant facing the
death penalty is mentally retarded and therefore ineligible for execution. The
Supreme Court in 2002 abolished the death penalty for mentally retarded
offenders and directed states to develop ways to enforce the ban.
Mentally ill:
In 1986 the U.S. Supreme Court prohibited the execution of the mentally insane
and required an adversarial process for determining mental competency. Legal
definitions and concepts of insanity and competency, however, do not always
coincide with medical opinion, and as a result controversy continues.
Death penalty and International Law:
The International Covenant on Civil and Political Rights specifically recognizes
the right of countries to impose the death penalty for the most serious crimes,
carried out pursuant to a final judgment rendered by a competent court and in
accordance with appropriate safeguards and observance of due process.
The United States works assiduously in international fora, including the U.N. Commission on Human Rights and the Organization for Security and Cooperation in Europe (OSCE), against the use of the death penalty without due process, such as for political prisoners detained without fair trial by autocratic governments.
Major US Government Statements
A select list of major statements On the United States and Africa with policy value.
- Capital Punishment in United States Continues To Be Debated (2008-04-23)
- U.S. Supreme Court Rules on Death Penalty Sentencing (2005-11-03)
- U.S. Statement to OSCE on Death Penalty (2004-05-28)
- U.S. Delegate to OSCE Warsaw Meeting Discusses Death Penalty (2003-10-10)
- U.S. Statement to the OSCE on the Death Penalty (2003-02-28)
Latest US Government Statements
The five most recent statements in reverse chronological order.
- Capital Punishment in United States Continues To Be Debated (2008-04-23) ...
- Death Penalty Remains Subject of Debate in United States (2005-12-02) ...
- Murderer Is 1,000th Prisoner Executed in U.S. Since 1976 (2005-12-02) ...
- U.S. Supreme Court Rules on Death Penalty Sentencing (2005-11-03) ...
- U.S. Supreme Court Ends Death Penalty for Juveniles (2005-03-01) ...
US Government Fact Sheets
The five most recent fact sheets.
