The Death Penalty in the OSCE Area–Background Paper 2017
In November 2016, three referenda were held, in California, Nebraska and
Oklahoma, respectively. Voters were asked to choose between retaining or repealing the laws on the death penalty.101 In all three states, voters decided to reject
measures that would have abolished the death penalty. In the case of Oklahoma,
the outcome gave lawmakers more latitude to find new execution methods.102
The majority of voters in California opted to reject a proposal that would have
abolished the death penalty, and, in the same referendum, they decided by a
very narrow margin to pass a measure that would effectively speed up the pace of
executions.103
In Nebraska, a bill passed in May 2015 that abolished the death penalty was repealed. This bill was a source of conflict between the Nebraska lawmakers who
passed the legislation and Nebraska’s Governor, who defined it as “cruel” to the
victims of people sentenced to death and vowed to veto it.104
Furthermore, Oklahoma voted to provide explicit constitutional protections for
its death penalty, which will prevent state courts from deeming the practice unconstitutional. Sixty-seven per cent of voters were in favor of State Question No.
776, the so called “Death Penalty Amendment”, which will add a new section to
the Oklahoma Constitution stating that “any method of execution shall be allowed,
unless prohibited by the United States Constitution” and that the method “shall not
be deemed to be, or to constitute, the infliction of cruel or unusual punishments.”105
In Colorado, a bill to repeal the death penalty failed in February 2017.106
In October 2016, Ohio announced the reinstatement of capital punishment after
a nearly three-year moratorium on executions following concerns regarding the
mixture of drugs used for lethal injections by the state.107
In May 2016, the Connecticut Supreme Court reaffirmed a decision from 2015
that the remaining death row prisoners must be resentenced to life imprisonment
without parole. Other positive developments were reported from Delaware, where
in August 2016 the state Supreme Court declared the state’s capital sentencing
procedures unconstitutional, leaving Delaware without a valid death penalty
101 “Pro-Death Penalty Referenda Prevail in 3 States; Kansas Retains 4 Justices Attacked for Death Penalty
Decisions”, Death Penalty Information Center, <https://deathpenaltyinfo.org/node/6599>.
102 Mark Berman, “Nebraska and California voters decide to keep the death penalty”, The Washington Post,
9 November 2016, at https://www.washingtonpost.com/news/post-nation/wp/2016/11/09/nebraska-and-california-voters-decide-to-keep-the-death-penalty/?utm_term=.3219ec9848e7
103 Ibid.
104 Ibid.
105 State Question Number 776, Legislative Referendum Number 367, <https://www.sos.ok.gov/documents/
questions/776.pdf?3,9>.
106 “The unlikely movement that could finally kill the death penalty in the US”, Quartz, 23 March 2017, <https://
qz.com/938618/aramis-ayala-orange-osceola-state-attorney-in-florida-is-just-one-of-the-prosecutors-pushing-tophase-out-the-death-penalty-in-the-united-States/>.
107 See “The Death Penalty in the OSCE Area: Background Paper 2014” (OSCE’s Office for Democratic Institutions and Human Rights (2014)), page 31, at <http://www.osce.org/odihr/124105?download=true>.
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