The Death Penalty in the OSCE Area
of those surveyed saw the death penalty as morally justified, while 31 per cent saw it
as morally wrong.95
Legal Framework
The statutes of 31 states allow for the death penalty, in: Alabama, Arizona, Arkansas,
California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas,
Kentucky, Louisiana, Mississippi, Missouri, Montana, Nevada, New Hampshire,
North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South
Dakota, Tennessee, Texas, Utah, Virginia, Washington and Wyoming. The federal
government, including in the military justice system, also allows this form of
punishment.
Methods of Execution
Lethal injection is the primary method of execution in the United States – either
as a sole method, or as one of the options offered to death row inmates in certain
states.96 All people executed in the reporting period were administered a lethal
injection.97 Alternative methods to lethal injection are electrocution (in eight states),
gas chamber (five), hanging (three) and firing squad (three).98 Tennessee allows that
electrocution may be used if the drugs for lethal injections are not available.99 In
March 2015, a law entered into force in the state of Utah allowing firing squads
to be used for executions in the event that the drugs required for lethal injection
are unavailable. In April 2015, in the state of Oklahoma a new law came into
effect allowing the use of nitrogen gas as a form of execution if either the drugs for
lethal injection are unavailable or if lethal injection is struck down by the courts.100
North Carolina passed a law classifying information about the manufacturers of
95 “Less Support for Death Penalty, Especially Among Democrats“, Pew Research Center, 16 April 2015, <http://www.
people-press.org/2015/04/16/less-support-for-death-penalty-especially-among-democrats/>.
96 “Methods of Execution”, Death Penalty Information Center website, <http://www.deathpenaltyinfo.org/methods-execution>.
97 “Execution list 2014”, Death Penalty Information Center website, <http://www.deathpenaltyinfo.org/executionlist-2014>, “Execution list 2015”, Death Penalty Information Center, <http://www.deathpenaltyinfo.org/execution-list-2015>.
98 Death Penalty Information Center, op. cit., note 96.
99 Ibid.
100 Ibid.
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