THE DEATH PENALTY IN THE OSCE AREA 3.11 THE UNITED STATES OF AMERICA RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Ratification Status117 ICCPR R Second Optional Protocol to the ICCPR – CRC S American Convention on Human Rights S Status: retentionist LEGAL FRAMEWORK The death penalty is retained at the federal level and in 38 of the 50 states.118 The states that have abolished the death penalty are Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin. At the federal level, 38 homicide crimes and four non-homicide crimes carry the death penalty. At the state level, the crimes that carry the death penalty differ from state to state, although all states envisage the death penalty for murder.119 Moratorium There is no moratorium on executions in place at the federal level. Of the 38 states that retain the death penalty, only Illinois currently has a moratorium in place. 117 118 119 R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant instrument. The death penalty is also retained in military law for 15 crimes. A complete list of capital crimes can be found at www.deathpenaltyinfo.org. 38