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Florida and Texas carried out more than half of all executions in 2023
Twenty-four executions have been carried out in 2023 — five more than last year,
the Death Penalty Information Center says. Meanwhile, 50% of Americans say the
death penalty is applied unfairly.


LAW


EXECUTIONS ARE ON THE RISE IN THE U.S., EVEN AS PUBLIC SUPPORT WANES

December 1, 20235:01 AM ET

Vanessa Romo

Enlarge this image

Twenty-four people have been put to death so far in 2023, up from 18 in 2022 and
11 in 2021, according to a new report by the Death Penalty Information Center.
The center attributed the increase to Florida's return to executions after a
3-year pause. Pat Sullivan/AP hide caption

toggle caption
Pat Sullivan/AP


Twenty-four people have been put to death so far in 2023, up from 18 in 2022 and
11 in 2021, according to a new report by the Death Penalty Information Center.
The center attributed the increase to Florida's return to executions after a
3-year pause.

Pat Sullivan/AP

Phillip Hancock on Thursday became the fourth death row inmate executed in
Oklahoma this year. The state's parole board had voted 3-2 to recommend clemency
for Hancock, who was convicted for the 2001 murders of two men, but the governor
declined to intervene.

Nationally, executions climbed for the second year in a row in 2023, with Texas
and Florida accounting for more than half, according to a year-end-report by the
Death Penalty Information Center. The increase comes as public opinion continues
to turn against the death penalty.

Twenty-four people have been put to death so far in 2023, up from 18 in 2022 and
11 in 2021.

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The center found that the increase can be attributed to Florida's return to
executions after a three-year pause "as [Gov. Ron DeSantis] launched a
presidential campaign." The state carried out six executions — Florida's highest
number since 2014 — and it imposed five new death sentences, the highest number
of any state this year.


NATIONAL


MORE THAN A THIRD OF EXECUTIONS IN 2022 WERE 'BOTCHED,' A REPORT FINDS

As NPR previously reported, following the Parkland shooter trial, DeSantis made
it easier for juries to impose the death penalty after signing a bill undoing a
unanimous vote requirement. Now, an 8-to-4 jury vote is sufficient to recommend
a death sentence. It is the lowest threshold in the county.

Meanwhile, Texas continued its streak as the nation's busiest capital punishment
state, conducting eight executions this year.

The remaining court-ordered deaths were limited to three states: Alabama, which
killed two inmates after three botched executions last year; Missouri carried
out four death warrants, including the first known execution of an openly
transgender woman, Amber McLaughlin; In Oklahoma, after a brief moratorium and
internal investigation into failed execution attempts the previous year, the
state carried out four of its 11 scheduled executions.


AMERICANS BELIEVE THE DEATH PENALTY IS UNEQUALLY APPLIED

But despite the uptick in state-sanctioned deaths, a majority of the public is
turning against executions.



For the first time since it began surveying Americans on the death penalty in
2000, a Gallup poll found that more people believe that the death penalty is
administered unfairly (50%) than fairly (47%). Support for the death penalty, at
53%, is the lowest since 1972, the poll showed.

"The data show that most Americans no longer believe the death penalty can be
imposed fairly," Robin Maher, executive director of the Death Penalty
Information Center (DPIC), said in a statement.

The DPIC reports that given those shifting attitudes, as well as changes in the
law and prosecutorial decision-making, most of the prisoners who were executed
over the last 11 months "would likely not have been sentenced to death if tried
today."

Instead, the prisoners would likely receive life sentences because contemporary
juries are typically presented with comprehensive biographical and psychological
histories of the defendant, the DPIC argues. And it adds that defense attorneys
today make more compelling arguments for an alternative sentencing.


LAW


ALABAMA SETS JANUARY EXECUTION DATE USING NITROGEN GAS

The study found that jurors now hear much more evidence of a defendant's mental
illness, developmental impairments, and severe trauma during court proceedings,
and therefore, are more likely to consider their effects before imposing the
ultimate punishment.

According to data analyzed by the DPIC, 79% of the death row inmates executed in
2023 had some disability or impairment, including serious mental illness, brain
injury, developmental brain damage, or an IQ in the range considered
intellectually disabled; and/or chronic serious childhood trauma, neglect and/or
abuse.

The report adds: "One-third or eight of the people executed had all three. At
least three prisoners were under the age of 20 at the time of their crimes."

DPIC's Maher said the changing attitudes toward the death penalty also extend to
conservative lawmakers and elected officials who, in recent years, have
expressed "an unprecedented show of support for death-sentenced prisoners"
moving some to "oppose use of the death penalty in their state."

Enlarge this image

For the first time since it began surveying Americans on the death penalty, a
Gallup poll found that more people believe that the death penalty is
administered unfairly (50%) than fairly (47%). Chip Somodevilla/Getty Images
hide caption

toggle caption
Chip Somodevilla/Getty Images


For the first time since it began surveying Americans on the death penalty, a
Gallup poll found that more people believe that the death penalty is
administered unfairly (50%) than fairly (47%).

Chip Somodevilla/Getty Images


OKLAHOMA REPUBLICANS RALLY FOR A NEW TRIAL FOR RICHARD GLOSSIP

That is evident in Oklahoma, where Republican Attorney General Gentner Drummond
and a bipartisan group of 62 Oklahoma lawmakers — 45 of whom are also
Republicans — are calling for the courts to vacate the conviction Richard
Glossip, who they say was unfairly tried.



In 1997, Justin Sneed, a handyman at an Oklahoma City motel killed his boss,
Barry Van Treese, with a baseball bat during a robbery attempt. Sneed was soon
captured and admitted to the murder. When the case went to trial, Sneed claimed
that Glossip promised to pay him $10,000 in a murder-for-hire plot.

Sneed's testimony was the only evidence implicating Glossip and it spared him
the death penalty. In the end, Sneed received a life sentence without parole and
is now serving time in a medium-security prison, while Glossip, who has
maintained his innocence, faces death.

Glossip's first conviction was overturned on appeal due to ineffective counsel.
In 2004, a second jury also found him guilty, issuing the death penalty.


INVESTIGATIONS


VIRGINIA HID EXECUTION FILES FROM THE PUBLIC. HERE'S WHAT THEY DON'T WANT YOU TO
SEE

But questions about Sneed's testimony and the absence of evidence against
Glossip have undermined the legitimacy of the death sentence, leading to four
stays and two independent investigations.

One of those revealed that the district attorney's office at the time had told
police to destroy a box of evidence before Glossip's second trial and that
crucial surveillance video information had also disappeared. Additionally, in
the intervening years, letters written by Sneed, in which he asks his
now-deceased attorney about recanting his testimony, have also surfaced,
throwing another wrench into the legitimacy of the court proceedings.

All of that has prompted the state attorney general to intercede on Glossip's
behalf.

"While the State has previously opposed relief for Glossip, it has changed its
position based on a careful review of the new information that has come to
light," Drummond wrote to the Oklahoma Court of Criminal Appeals in April.

The evidence has also moved Oklahoma state Rep. Kevin McDugle, a Republican, who
told NPR he believes Glossip is innocent and deserves a new trial. McDugle said
that after digging into the case and watching a documentary about Glossip, he
"saw zero evidence that this guy actually had anything to do with the murder."


INVESTIGATIONS


CARRYING OUT EXECUTIONS TOOK A SECRET TOLL ON WORKERS — THEN CHANGED THEIR
POLITICS

He added: "I am good with the death penalty as long as we have a pure process
all the way through, and we can say for sure, for certain, that we're executing
guilty people. But if we have any ability for someone to get through there and
be an innocent person, then I will fight against the death penalty here."

The DPIC's latest report notes that cases like these, combined with instances in
which death row inmates are exonerated after decades of maintaining their
innocence, raise new concerns about the fairness and accuracy of the death
penalty itself.



Another factor moving some lawmakers to enact moratoriums or pauses on
executions is the continued difficulties states face in obtaining lethal
injection drugs. As of now, 29 states have either abolished the death penalty or
paused executions by executive action. Some who wish to forge ahead with
scheduled death warrants have explored untested methods of executions.

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