The Death Penalty in the OSCE Area April 2014. Recommendations were made to establish higher standards for proving guilt if a death sentence is sought, to bar the use of the death penalty for defendants suffering from “serious mental illness”, to lessen the number of crimes carrying the death penalty and to adopt a Racial Justice Act, which would be used to monitor the likelihood of racial discrimination during the prosecution, trials, the application of capital punishment and at other stages of the legal process.136 Legal Framework The statutes of 32 states provide for the death penalty: Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington and Wyoming.137 The Federal Government, including the military justice system, also allows this form of punishment. Methods of Execution Lethal injection was the only method used in all executions that took place during the reporting period.138 Owing to a shortage of drugs used for lethal injections, Indiana,139 Missouri,140 Texas141 and Ohio142 turned to alternative ways of carrying out lethal injection executions, and introduced new combinations of drugs, new suppliers and new laws dealing with the secrecy of drug suppliers. On 1 August 2013, the State of Texas announced that the remaining supplies of pentobarbital, 136  “Recommendations from the Ohio Supreme Court Joint Task Force to Review the Administration of Ohio’s Death Penalty”, Ohioans to Stop Executions, April 2014, <http://www.otse.org/the-death-penalty-in-ohio/task-forcerecommendations/>. 137  In the reporting period, Ohio and Washington temporarily suspended executions. 138  “Execution List 2013, Death Penalty Information Centre, <http://www.deathpenaltyinfo.org/executionlist-2013>, “Execution list 2014”, Death Penalty Information Center, <http://www.deathpenaltyinfo.org/executionlist-2014>. 139  “Indiana use of new execution drug draws opposition”, CBS News, 31 May 2014, <http://www.cbsnews.com/ news/indiana-use-of-new-execution-drug-draws-opposition/>. 140  “Missouri attorney general wants the state to produce its own lethal injection drugs”, The Washington Post, 29 May 2014, <http://www.washingtonpost.com/news/post-nation/wp/2014/05/29/missouri-attorney-general-wantsthe-state-to-produce-its-own-lethal-injection-drugs/>. 141  “AG: Texas can keep execution drug source secret”, Dallas News, 29 May 2014, <http://www.dallasnews.com/ news/local-news/20140529-ag-texas-can-keep-execution-drug-source-secret.ece>. 142  “States search for alternatives to lethal injection”, The Washington Post, 30 January 2014, <http://www. washingtonpost.com/blogs/govbeat/wp/2014/01/30/states-search-for-alternatives-to-lethal-injection/>. 32

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