The Death Penalty in the United States

The death penalty system responds to violence with more violence. It takes the trauma that violence produces, multiplies it, and stretches it out over decades — impeding the healing of those who need it. It magnifies the racism and oppression inflicted by the entire legal system onto the most vulnerable people.

What is wrong with the death penalty?

The death penalty fails, at every level, to bring true justice. What it doesn’t do is heal those impacted by violence (including the person who acted violently), or create accountability that repairs harm. But that's what we need from a justice system.

Do innocent people get executed?

The risk of executing an innocent person is real. The DNA era has given us irrefutable proof that our legal system sentences innocent people to die. Evidence we once thought reliable, is not always accurate. DNA evidence has led to hundreds of exonerations, but it isn't available in most cases. Despite our best intentions, human beings simply can't be right 100% of the time. And one mistake is simply too many.

Is the death penalty system fair?

Fairness in the death penalty is a moving target. Poor defendants sentenced to die have been represented by attorneys who were drunk, asleep, or completely inexperienced. The justice system is anchored in racism and inequality, paving the way for factors like geography and race to determine who lives and dies. Every effort to "fix" the process just makes it more complex — not fairer.

How much does the death penalty cost?

The death penalty costs millions more dollars than any other harsh prison sentence — before a single appeal is filed. The time spent pursuing one capital case could be invested in communities to build public safety strategies that meet their needs, solve scores of other cases, and provide critical services to heal victims of violence and their families.

Is the death penalty racist?

Race plays a decisive role in who is executed, and these inequities are nothing new. From slavery to Jim Crow to the present day, the death penalty has been a tool of injustice and discrimination, disproportionately affecting Black and brown communities. The U.S. Supreme Court acknowledged racial bias in the death penalty during the landmark case, McCleskey v. Kemp, but the Justices ruled 5-4 that such bias did not violate the Constitution.

How does the death penalty impact families of murder victims?

The death penalty fails families of murder victims. The long process prolongs pain for homicide survivors, forcing them to relive their trauma as courts repeat trials and hearings. Most cases are overturned, resulting in a different sentence than the one that was initially promised — but only after the family has suffered years of uncertainty.

What factors contribute to the declining support for the death penalty in the United States?

On top of the mounting evidence of waste, inaccuracy, and bias, the reality of the racism and corruption of the death penalty has shattered public confidence in the justice system. More and more people are recognizing that community-centered public safety efforts help people thrive and address trauma. All of this explains why death sentences are at an all-time low and public support for the death penalty has plummeted. Across the country, states are reconsidering their death penalty statutes. The death penalty is dying. Americans are ready to see it go.