Why has the death penalty again become controversial in the United States?

Two relatively recent developments have focused renewed attention on the practice of the death penalty in the United States.

In January 2000, Governor George Ryan of Illinois imposed a moratorium on the imposition of the death penalty in Illinois. In reviewing death penalty cases since 1977, he determined that 13 death row inmates in the state had been cleared of murder charges, compared to 12 who had been put to death. Some of the 13 inmates were taken off death row after DNA evidence exonerated them; the cases of others collapsed after new trials were ordered by appellate courts. "There is a flaw in the system, without question, and it needs to be studied", Ryan said. Ironically, the Republican Governor had campaigned in support of the death penalty. Ultimately in January 2003, Governor Ryan commuted all death sentences to prison terms of life or less.

The execution of Timothy McVeigh in June 2001 also prompted renewed international interest in the U.S. practice of the death penalty primarily because of the high profile nature of the case.

Proponents of the death penalty argue that it deters criminals. Because so many variables are involved, this is a difficult contention to objectively evaluate. It is relatively safe to conclude that the overall serious crime rate is influenced by many other factors. Proponents also argue that the death penalty provides emotional compensation to the families of crime victims.

Most death penalty critics have an ethical basis for their opposition. They argue that a government's act to execute is a violation of human rights, especially if there remains a possibility that the individual is innocent. The development of DNA testing has exonerated a number of convicted criminals, include some on death row. They also charge that the penalty is particularly barbaric when applied to mentally retarded persons and juveniles.

Death penalty critics argue that the high reversal rate in death penalty cases illustrates the fallibility of the criminal justice process. A full 65% of convictions in capital cases are overturned according to one study. Yet there does not appear to be significant progress on many proposals for modifying criminal procedure in capital cases such assigning special judges and guaranteeing adequately trained counsel. Nor are there proposals which might impose a higher standard of proof in death cases for the purpose of reducing the risk of executing innocent persons.

Because of the intense scrutiny and numerous appeals applied to death penalty cases, a growing number of legal professionals have begun to oppose the death penalty for economic reasons, arguing that the costs of trial and appeals for a capital case are greater than would be the case if the death penalty were not sought. In addition, the average amount of time between the date of conviction and the date of execution is 10 years. Death penalty proponents maintain that life imprisonment without possibility of parole is still less expensive and there does not yet appear to be an academic study that has thoroughly evaluated this issue.

Finally, many death penalty opponents are concerned that the United States is out of step with other industrialized countries in its practice of the death penalty. The only other OECD country which permits the death penalty is Japan, and executions there are infrequent. On the other hand, Time magazine has reported that public opinion polls in Europe show significant support for the death penalty; in some countries it is even favored by a majority.

Does the death penalty apply to the mentally retarded?

As to perpetrators, any discrimination would be equivalent to the overall discrimination in the criminal justice system. Blacks no longer outnumber whites on death row and the rate of their death penalty sentences is roughly equivalent to their high percentage of the prison population.   But as to victims, there is a discriminatory pattern. Studies have indicated that homicides involving white victims are far more likely to be prosecuted as death penalty cases.