72 The Death Penalty in the OSCE Area 4.8 UNITED STATES OF AMERICA Relevant International Instruments 175 Ratification Status175 International Instruments 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 the majority of the 50 states.176 The states that have abolished the death penalty are Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, New York, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin, as well as the District of Columbia. The United States Code identifies 42 crimes (38 homicide and four non-homicide) for which the death penalty may be used. The crimes that carry the death penalty differ from state to state, although all states envisage the death penalty for murder.177 The Uniform Code of Military Justice allows for the death penalty as a possible punishment for 15 offences, many of which must occur during a time of war. In March 2006, the USA Patriot Act Improvement and Reauthorization Act of 2005178 was enacted by Congress. The Act created a number of new offences, including some for which death is a potential punishment, and shortened the appeals process by expediting capital habeas corpus petitions in federal court. In addition, the Act clarifies appropriate death penalty procedures for certain cases under the Controlled Substances Act,179 and expands on the authorities governing provision of counsel to defendants liable to the death penalty and who are unable to afford counsel. 175 R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant instrument. 176 177 178 179 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. H.R. 3199. The Controlled Substances Act (Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970) is the legal basis by which the manufacture, importation, possession, and distribution of certain drugs are regulated by the federal government of the United States.